The Interpreter (www.lowyinterpreter.org) (the Site) is published by the Lowy Institute for International Policy (the “Institute”). It publishes daily commentary and analysis on international events for a global online audience.
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Interpreter content supply terms
The Interpreter (www.lowyinterpreter.org) is published by the Lowy Institute for International Policy (the “Institute”). It publishes daily commentary and analysis on international events for a global online audience.
1.1 By submitting Content for publication, or by agreeing to prepare Content for publication, you acknowledge you have read and agree to be bound by these terms and conditions (“Terms”).
2 Your obligations
2.1 You must create and deliver the Content to the Institute in accordance with these Terms and in the format specified by the Institute.
2.2 You warrant that:
(a) the Content is original and has not been copied from any other source;
(b) you own all Intellectual Property Rights, including Moral Rights, in the Content;
(c) use of the Content by the Institute will not:
(i) result in a breach of any law or mandatory code of conduct;
(ii) infringe any person’s rights (including Intellectual Property Rights and Moral Rights);
(iii) defame any person;
(iv) constitute a misuse of any person’s confidential information; or
(v) result in you breaching any obligation that you owe to any person;
(d) you are able to lawfully grant the licences in these Terms; and
(e) you have all necessary licences, approvals, permits and consents to enter into these Terms and perform the obligations under them.
2.3 You must make reasonable endeavours to ensure that any Content you deliver to the Institute does not contain any factual, typographical or other errors and you must ensure that any Content you deliver to the Institute:
(a) to the extent it consists of a review or opinion, is based on your actual experience of the subject matter of the Content; and
(b) complies with any guidelines or policies issued by the Institute in relation to the Content.
2.4 You must notify the Institute as soon as possible if you are, or expect to be, unable to submit the Content you have agreed to prepare for publication in accordance with these Terms.
3 The Institute’s obligations
3.1 The Institute will:
(a) notify you whether the Institute accepts or rejects any item of Content within 14 days of receiving that item. You acknowledge that the Institute will have an absolute discretion to decide whether it will accept or reject any item of Content;
(b) if agreed between you and the Institute in writing, pay you any agreed Fee for any Content that is accepted by the Institute; and
(c) where the Institute uses, reproduces, edits, modifies, publishes, prints or communicates to the public any of the Content, include your name as the author of the Content.
4.1 You grant to the Institute a perpetual, irrevocable, royalty free licence to:
(a) use and reproduce the Content in any media throughout the world, including on the Institute’s websites and other publications, communications or materials and on third party websites, newspapers and other publications. For example, the Content may be used on the Institute’s site www.lowyinstitute.org or reproduced in a written publication;
(b) permit any person to assist the Institute do any of the things referred to in paragraph (a) above; and
(c) sub-license any of the rights described in paragraphs (a) or (b) to any person in connection with the purposes referred to in paragraph (a) above. For example, the Institute may sub-license these rights to its contractors or service providers who manage the Institutes websites or to third parties who publish your Content on newspapers or their digital sites (for example, where the Institute syndicates its content on a local news website).
4.2 The rights granted to the Institute under clause 4.1 are exclusive during the Exclusivity Period and non-exclusive thereafter unless otherwise agreed with the Institute in writing. During the Exclusivity Period, you must not use or reproduce, or permit any other person to use or reproduce, the Content on any media without the Institute’s prior written consent.
4.3 The Institute may edit or modify the Content and publish the edited Content in its discretion, subject to the Institute complying with these Terms. You consent to the Institute identify you as the author of the edited Content. You also consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
5 Warranty and Indemnity
5.1 You indemnify the Institute and its Representatives against all losses, damages, liabilities, expenses and costs (including legal costs) suffered or incurred by the Institute or its Representatives, arising out of or in connection with any Infringement Claim.
5.2 If an Infringement Claim arises, then without limiting any of the Institute’s other rights or remedies, you must at the Institute’s request provide to the Institute all reasonable assistance, which may include conducting the defence of an Infringement Claim, however you must not settle any Infringement Claim without the Institute’ prior written consent.
6 Fees and Payment
6.1 If payment of a Fee has been agreed between you and the Institute in writing, you may invoice the Institute for the Fee following acceptance of the Content by the Institute. All invoices must be Tax Invoices in the form required by the Institute from time to time.
6.2 The Institute will pay any correctly rendered Tax Invoice within 30 days of the end of the month in which that invoice was received subject to the deduction or withholding of any applicable amounts as required by law.
6.3 If the Institute disputes the calculation of the Fee set out in any Tax Invoice, then the Institute may withhold payment of the disputed amount until the dispute is resolved, but the Institute will pay all non-disputed amounts in accordance with this clause 6.
6.4 The Fees payable by The Institute are the total fees payable for the provision of the Content. You are responsible for paying any costs and expenses that you incur in the course of providing the Content, including any travel and accommodation costs.
7.1 Despite the definition of consideration in the GST law, or unless otherwise expressly stated, the Fee or other sums payable or consideration to be provided under or in accordance with these Terms are exclusive of GST.
7.2 If a party (the “supplier”) makes a taxable supply under or in connection with these Terms, the other party will pay to the supplier at the same time, and in addition to the GST-exclusive consideration, an amount equal to the GST payable on that supply.
7.3 The supplier will, as a precondition to the payment of GST under clause 7.2, give the other party a Tax Invoice.
7.4 If an adjustment event arises in connection with a supply made under these Terms, the supplier agrees to give the other party an adjustment note in accordance with the GST law.
7.5 If these Terms require one party to pay for, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be reduced by the amount of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense.
8 Withholding tax
8.1 If a law requires the Institute to deduct an amount in respect of Taxes from a payment under these terms, then the Institute will:
(a) deduct the amount for the Taxes; and
(b) pay an amount equal to the amount deducted to the relevant Government Agency in accordance with applicable law and give the original receipts to you.
You acknowledge that the Institute is not required to pay an additional amount to you so that, after the deduction is made, you would receive a net sum equal to the sum that it would have received if the deduction had not been made.
9.1 These Terms constitute the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.
9.2 You must not sub-contract, assign, novate, transfer or otherwise deal with these Terms or any rights or obligations under them to anyone without the prior written consent of the Institute.
9.3 These Terms can only be varied by agreement in writing by the parties.
9.4 A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the rights.
9.5 Nothing in these Terms will be taken to constitute you as an employee, agent, partner or joint venturer of the Institute nor are you authorised to represent yourself as acting, or to incur any obligation, on behalf of the Institute. The Institute will not make any additional payments, superannuation contributions or provide insurance coverage for you and, to the extent that there is a change in law or that your supply of Content under these Terms is deemed by law to require the provision of such benefits, the Institute will deduct any amounts due to you or required to be paid by the Institute from the Fee.
9.6 These Terms are governed by the laws of New South Wales. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Content means any content, commentary, analysis, comment, article or other work provided by you to the Institute.
Exclusivity Period means the period commencing on the date of submission of your Content to the Institute and ending on:
(a) the date that the Institute notifies you that it rejects your Content; or
(b) the date that is 7 days after the date of first publication of your Content by the Institute,
as applicable, or such other period as agreed between you and the Institute in writing.
Fee means the fee for provision of the Content as agreed between you and the Institute in writing.
Government Agency means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.
GST has the meaning it has in the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
GST law has the meaning given to that term in the GST Act or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
Infringement Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand which would, if true, constitute a breach of any of the warranties in clause 2.2.
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Moral Rights means any moral rights including the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any statute (including the Copyright Act 1968 (Cwth) or any other law of the Commonwealth of Australia), that exist or that may come to exist, anywhere in the world.
Representative of a party includes an employee, agent, officer, director, auditor, advisor, partner, consultant, contractor or sub-contractor of that party.
Tax Invoice has the meaning given to it in the GST Act.
Taxes means taxes, levies, imposts, charges and duties (including stamp and transaction duties, but excluding GST) imposed by any authority together with any related interest, penalties, fines and expenses in connection with them except if imposed on, or calculated having regard to, the net income of the Institute.