Community Board Business Terms

1. Who these terms are between

1.1These terms are between you, the business named on the order (the "Business" or "you"), and Sy Tien Nguyen, sole trader, trading under the registered business name Top End Local ("TEL", "I" or "me"), ABN 95 563 350 278, PO Box 789, Palmerston NT 0831.

1.2Your invoice (or online order) and these terms together make up our agreement. You accept these terms by paying your invoice or by accepting them online. If your invoice and these terms differ, the invoice wins.

1.3You can pay online by card, or by invoice. If you pay by invoice, I will send it to you, with a link to these terms, before it is due.

1.4Your invoice, or the online card checkout, will describe your spot, name the Board and host venue (or say the host is still to be confirmed), show my name and address, and show the full price, before you pay.

2. What you get

2.1One printed spot on a Community Board (the "Board"). The Board is a flat 610 x 914 mm (24 x 36 in) 5 mm aluminium composite panel placed in a local host venue, such as a cafe or pub, on a stand or wall-mounted.

2.2The top part of the Board (about 60%) is a space where the host venue can write up their specials or events, with the host's logo at the top. The bottom part (about 40%) has a "Support local Darwin businesses" banner and 6 printed spots.

2.3Design is included (see clause 7).

2.4On install day I will send you a photo of the Board in place.

3. One business per category

3.1There are 6 spots on each Board, and only one business per category on that Board.

3.2Your category is written on your order. While your term runs, I will not sell another spot on the same Board to a business in your category.

3.2AA category is held for the first business to pay after accepting these terms. An enquiry does not hold a category.

3.2BIf two businesses pay for the same category at about the same time, the first payment keeps the spot and the other gets a full refund or first pick on the next board.

3.3Category exclusivity applies to that Board only. It does not cover other TEL Boards, other TEL products, or the specials and events the host venue writes up at the top of the Board.

3.4If a business could fit more than one category, I will talk with the businesses involved before I accept the spot, so there is no surprise clash.

3.5Host venue competitors are not allowed. I will not place a business that competes with the host venue on that host's Board. For example, a cafe's Board will not carry other cafes, restaurants, takeaways, bars or food trucks.

3.8If a business is not on either list, I will decide case by case, with the host venue in mind.

3.9The host venue can say no to an spot before it is printed. If that happens to your spot and we cannot agree on a change, I will refund you in full.

4. Price and payment

4.1Standard price for future Boards: $790 per advertising spot for 12 months.

4.2Founding price: $595 per advertising spot for 12 months on our launch Community Boards at Percolated in Woolner and Greenhouse in Nightcliff. The 12-month term starts when the Board is installed. Standard price for future Boards: $790 per advertising spot for 12 months. Renewals are priced separately.

4.3Payment: you pay in full upfront, online by card or by invoice, before your spot is printed. Bank transfer is still fine for an invoice. An invoice is due within 7 days.

4.4TEL is not registered for GST, so no GST is charged. Prices are in AUD.

4.5Because TEL is not registered for GST, my invoices are not tax invoices.

5. Your 12 months start on install day

5.1Your 12-month term starts on the day the Board is installed at the host venue, not on the day you pay.

5.2I will confirm the install date with you, and your end date will be 12 months after that.

5.3The host venue agrees its own terms with me separately. It signs its Host Agreement with me when it agrees to host the Board, which can be before all 6 spots are filled. The Board is installed once all 6 spots are filled and the panel is printed.

6. If no host is confirmed within 60 days, or the Board is not installed within 90 days

6.1If I have not confirmed a host venue for your Board within 60 days of your payment, you will get a full refund of what you paid, within 7 days. You can also ask to cancel and get a full refund at any time before a host is confirmed.

6.2A host counts as confirmed when the host venue signs its Host Agreement with me.

6.3I will keep you updated while I find a host. If a host is confirmed within the 60 days, your term still only starts on install day.

6.4If the Board is not full and installed within 90 days of the host signing its Host Agreement, you can choose either a full refund of what you paid, paid within 7 days of you asking, or to keep waiting. I will keep you updated either way.

7. Your spot: design and approval

7.1Design is included in your price.

7.2You give me your logo and your business details (for example what you do, contact details and any short message you want). I design your spot and send you a proof.

7.3Every business gets unlimited design revisions, at any price. You can ask for as many changes to the proof as you need before you approve it.

7.4Nothing is printed until you approve the final proof in writing (email or text is fine).

7.5Reprints: if I made an error, I will reprint your spot free. If you want changes after your spot is printed (for example a new phone number), a reprint is charged at cost, and I will quote you first.

7.6If I make a mistake that is not in the proof you approved, I will fix it at my cost.

8. Your content

8.1You are responsible for making sure everything in your spot is accurate, up to date and allowed by law, including any prices, offers or claims.

8.2You confirm you own, or have permission to use, your logo, business name, photos, words and any other material you give me, and you give me permission to use them for your spot and for photos of the Board.

8.3If the law or your industry requires a licence or registration number on your spots (for example electricians, real estate agents, builders, credit providers or tax agents), you must give it to me and I will include it.

8.4I may decline or ask you to change content that is unlawful, misleading, offensive, or not suitable for a family-friendly venue. I will talk with you first. If we cannot agree before printing, I will refund you in full.

8.5Health practitioner spots must not include patient testimonials or claims about health outcomes. I will check these spots against rules for health practitioner material before printing.

9. No promised results

9.1The Board puts your business in front of people at a local venue. I cannot and do not promise any number of enquiries, sales, views, customers or other results.

9.2Nothing I say in conversation, on the website or in posts is a promise of results.

10. If the host closes, or the Board is moved or damaged

The aim is that you never pay for time your spot is not up.

10.1Damage or theft: if the Board is damaged or stolen, I will repair or replace it at my cost as soon as practical.

10.2Short time down: if your spot is not on display for more than 14 days in a row for a reason that is not your fault, I will add the time it was down to the end of your term.

10.3Host closes or stops hosting: I will try to move the Board, with your spot, to another suitable local venue. Your remaining months carry over to the new venue.

10.3AVenue sold or new owner: my agreement with each host venue says that if they sell the business, the hosting agreement passes to the new owner. If the venue is sold, I will contact the new owner to confirm they will keep the Board up for the rest of the hosting term. Your spot stays up and your term carries on as normal. If the new owner will not keep hosting, clause 10.3 applies and I will move the Board to another suitable venue.

10.3BKeeping the Board on show: each host venue agrees to keep the Board up in a visible spot for the hosting term. I check in on Boards during the year. If you ever visit and do not see the Board up, please tell me and I will follow up with the host. Any time it is down for more than 14 days is covered by clause 10.2.

10.4Your choice: if you do not want to move to the new venue, or I cannot find one within 30 days, you can choose a pro-rata refund for the unused full months of your term.

10.5How the pro-rata refund is worked out: price paid x (unused full months / 12). For example, with 4 full months left: $790 x 4/12 = $263.33, or $595 x 4/12 = $198.33.

10.6If a new venue would put you next to a business in your category, I will tell you before the move and you can take the refund instead.

10.7If the Board must come down because of a cyclone, flood or other event outside anyone's control, the same approach applies: extra time added, a move, or a pro-rata refund.

11. End of term and renewal

11.1Nothing renews automatically. Your spot ends at the end of your 12-month term unless you agree to a new term.

11.2Around month 10 of your term, I will check in with you about the next term.

11.3First claim: as a current business, you get first claim on your category on that Board for the next term. You have 14 days after my check-in to say yes.

11.4Next Board first: past businesses will be offered spots on the next new Board before they are offered to others.

11.5Renewals are at the standard price at the time of renewal. The standard price may be reviewed, so I cannot lock in a future price. I will tell you the price before you decide.

12. Cancellation

12.1Before your artwork is approved: you can cancel by telling me in writing, and I will refund you in full.

12.2After your artwork is approved and printed, you can choose either (a) to transfer your spot free of charge to another local business for the rest of the term, as long as it does not clash with another category on the Board, or (b) a refund of what you paid less the actual print and design costs for your spot. I will give you those costs as a dollar figure on request.

12.3If I cancel: if I can no longer run the Board, I will refund you pro-rata for the unused full months, using the method in clause 10.5.

12.4I may end your spot early if your content becomes unlawful or seriously breaks clause 8 and you do not fix it within 7 days after I ask in writing. If I do, I will refund you pro-rata for the unused full months, using the method in clause 10.5.

12.5Nothing in this clause limits any right you have under the Australian Consumer Law, including a refund where a service is not provided as promised.

13. Liability

13.1Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

14. Privacy and use of your business name

14.1I keep your contact details only to run your spot, keep in touch about your spot and renewals, and keep business records. I do not sell your details.

14.2As part of being on the Board, you agree that I may mention, tag and feature your business (name, logo, spot and photos of the Board) in TEL social media posts, Stories, Reels, updates, newsletters and on the TEL website, including the install-day photo and posts that promote the Community Board and local businesses. I may also take photos of the Board, the host venue and your business, and use them for the same purposes.

14.3You can ask me in writing to stop using your business name in new promotion. I will stop within a reasonable time. Posts already published may stay up unless you ask me to take them down and it is practical to do so.

15. General

15.1Any change to these terms or your order must be agreed in writing (email is fine).

15.2These terms are governed by the laws of the Northern Territory, Australia.

15.3If there is a problem, please tell me first. I will do my best to sort it out fairly and quickly.

Accepting these terms

By paying online by card or by invoice, you authorise TEL to design, print and display the printed spot described here, and you accept these Business Terms.