INDUSTRY CODE OF CONDUCT

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1. INTRODUCTION

Introduction

The Code sets out specific standards of conduct for AIMIA members in relation to the provision of content, software and services to their customers. It aims to provide a benchmark for industry best practice, and to facilitate settlement of disputes between AIMIA members and their customers.

The code is binding upon all AIMIA members and their employees engaged in the development, sale or delivery of interactive and digital media, but is prepared as a guide to conduct, and has no force at law.

Statement of Objectives

The objectives of the Code are to:

• ensure customers of AIMIA members have access to the information they need to make informed choices;
• minimise the risk to AIMIA members through making the development process more transparent
• avoid any breaches of applicable law by AIMIA members or their customers.
• promote a culture among AIMIA members that values fairness, honesty and business ethics.
• improve the reputation of companies abiding by the code

Enforcement

AIMIA may, at its discretion, enforce the Code by expelling any member found by the National Executive to be in breach of the code.

2. STANDARDS

An AIMIA member shall not make misleading or deceptive claims about any content, product or service, whether by words, omission, illustration or any other means.

An AIMIA member shall not:

• make false or misleading claims with respect to the price or quality of content, products or services;
• develop content or software that the member knows is not suitable for the customer’s needs;
• agree to delivery timelines it knows are unable to be met;
• represent that a software product is marketable or deployable when it has not yet been developed, or is largely unfinished;
• conduct work for a client, or for itself, that breaches any law or regulation, including (for the benefit of doubt) regulations relating to privacy;
• use a false or misleading testimonial;
• knowingly develop or facilitate any content, product or service which facilitates criminal or unethical conduct;
• employ staff at less than the minimum rates of pay for workers in Australia, regardless of the location of those staff;
• advertise training or instruction implying the promise of employment or remuneration where this cannot be guaranteed;
• promise outcomes where those outcomes have no verifiable measurement criteria;
• describe goods or samples as “free” unless the goods or samples are supplied at no cost or no extra cost to the customer other than freight or fees from third parties unrelated to the offerer.
• use unfair contract terms.

AIMIA members will:

• when engaged in electronic commerce, pay due regard to the interests of consumers, and act in accordance with fair business, advertising and marketing practices;
• when engaged in the production of content, ensure that all appropriate industrial awards are adhered to;
• ensure that intellectual property rights are respected, including rights in content, software and other products;
• make information available about themselves or the goods or services they provide in a clear, accurate and easily accessible manner.

Subcontractors and suppliers

AIMIA members will ensure that their subcontractors and suppliers adhere to the code as closely as possible. No AIMIA member will enter into a subcontract with the purpose of evading any aspect of the Code.

Sales and Client Service

AIMIA members must ensure that customers are provided with all information reasonably necessary for them to make an informed purchase decision.

The customer must be given clear, unambiguous and easily accessible information of the material terms of any proposal, offer or tender, including:

• any delivery or deployment arrangements;
• all material restrictions, limitations or conditions to the offer;
• the hourly/daily rate for variations or extensions to contract (if any); and
• the period, if any, for which the proposal remains valid.

An AIMIA member must not engage in conduct that is unfair or “unconscionable.” For example, an obvious inability to understand the proposal or technology must not be exploited. AIMIA appreciates that much of the technology used for digital and interactive media is complex, and that it is unlikely that most customers will have a full understanding of solutions proposed, but AIMIA members should not use confusion or a lack of technical sophistication on the part of a customer to gain advantage.

An AIMIA member must not request or accept payment for goods or services if the member:

• intends to supply goods of services materially different from the goods or services in respect of which payment is made; or
• there are reasonable grounds, of which the AIMIA member is aware or ought reasonably to be aware, for believing that the member will not be able to supply the content, products or services within the period proposed by the member or specified by the customer or, if no period has been specified, within a reasonable time.

Confidentiality

AIMIA members will respect the confidentiality of client business. An AIMIA member will consult with clients on the content of any press release or advertising relating to the client’s business, product or service.

Fulfillment

AIMIA members must use their best endeavours to complete projects or deliver products and services on time and on budget.

Where a project is delayed through the fault of the AIMIA member, the member should make a good faith offer to rectify any defects at no charge to the customer.

Where a project is delayed through the fault of a customer or a sub-contractor, of the customer, it is reasonable for the AIMIA member to seek additional fees for project management.

Grievances

Complaints regarding members’ conduct should be directed to the President of AIMIA, at president@aimia.com.au, or via post to the AIMIA national office at:

Level 2

295-301 Pitt Street

Sydney NSW 2000

The complainant should set out the following details:

• his or her name and contact details;
• the name and, if known, the contact details of the member;
• a brief outline of the complaint; and
• if the complainant has previously made a complaint to the member, a brief outline of how that complaint was dealt with by the member.

If a complaint is received, the president will confirm the details of the complaint with the complainant, and shall write to the AIMIA member outlining the particulars of the alleged breach of the Code, and requesting a written response to the allegations within 14 days.

The President will then raise the details of the complaint, and the response, at the next meeting of the AIMIA National Executive. The National Executive of AIMIA may censure or expel any member of AIMIA found to have breached the Code.

The National Executive of AIMIA may amend this code at any time. AIMIA will publish the current version of the code on the AIMIA website at all times.

CLICK HERE to download a copy of the Industry Code of Conduct.

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