In accepting an advertisement for publication, and in publishing it we are doing so in consideration of and relying on your express warranty as to the following (the truth of which is essential):
a) That the advertisement does not contain anything that:
(i) is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986;
(ii) is defamatory or indecent or which otherwise offends against generally accepted community standards;
(iii) infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights;
(iv) breaches any provision of any statute, regulation, by-law or other rule or law, and
b) That the advertisement complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand, and;
c) That publication of the advertisement will not give rise to any liability on our part or in a claim being made against us.
You agree to indemnify us against all losses or costs arising directly or indirectly from any breach of the warranties set out above and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
By supplying or placing an advertisement for publication you grant us a perpetual, royalty free license to reproduce the advertisement in any print or electronic advertising media we offer advertisers now or in the future.
Where you utilise any aspect of our creative services in the design or production of an advertisement (including photographic or design work) you acknowledge that we own the copyright in such work unless otherwise confirmed in writing.
We may refuse to publish, or withdraw an advertisement from publication without having to give a reason. We reserve the right to not accept advertising from any company without giving a reason.
We may take orders for advertising in specific spaces (space orders). Where we do so, the space may be used only by you for advertising the advertiser’s usual business and use of the space may not be transferred by you to another person.
The guarantees contained in The Consumer Guarantees Act 1993 are excluded where you acquire goods and services from us for the purpose of a business.
You must tell us as soon as possible if there is an error or omission in any advertisement the advertiser has placed. We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission or failure to publish and if we are found to have any direct liability for any circumstance that liability is limited to the cost of the space of the advertisement.
To cancel an advertisement, notice of cancellation must be given to us in writing and confirmed by us before the stated ad booking deadline. Cancellations which occur after booking deadline may incur a 100% penalty.
The charge for an advertisement will be in accordance with the published ratecard applying at the time for the publication, unless we agree otherwise in writing. Rates for space orders apply for the whole space and are not reduced if the whole space is not used. Rates confirmed in advertising volume agreements will be honoured over the period of that agreement if all other conditions of the agreement have been met by you.
Advertising placed by advertisers who are not New Zealand residents will be zero-rated for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals.
If payment is not made by due date (which is the 10 days following invoice, unless we specify otherwise) you will be liable for interest at the rate of 10% per month (calculated on a daily basis from the due date until the date of payment) and all costs of recovery, commissions and collection fees.
To the fullest extent permitted by law, we shall not be liable for any special, indirect, consequential, or special damages (including but not limited to damages for loss of income or profits) arising out of the supply of services to you. In any case, where our liability is not otherwise excluded or limited, our total liability in connection with the supply of services (whether in contract, tort or otherwise) shall be limited to the amount paid by you for the relevant service.
Except for any rights you may have under any express term of this contract, all guarantees, warranties, descriptions, representations or conditions whether expressed or implied by law, trade, custom or otherwise are expressly excluded to the fullest extent permitted by law.
This contract shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
B Media Ltd.
