Read Issue 50 of Our Place Magazine
Our Place Magazine places material for publication on behalf of the customer (you) subject to these terms and conditions of advertising (Terms). These Terms apply to all advertising in our print publication (Print Advertising) or website and other digital services (Digital Advertising) unless we have agreed other terms in writing with you.Material for Publication1. In accepting any material including electronic material or data for publication (Material), and in publishing the Material we are doing so in consideration of and relying on your express warranty, the truth of which is essential that:a) the Material does not contain anything:- that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.- that is defamatory or indecent or which otherwise offends against generally accepted community standards.- that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.- that breaches any right of privacy or confidentiality.- that breaches any provision of any statute, regulation, by-law or other rule or law; andb) the Material complies in every way with the Advertising Code of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standing relating to advertising in New Zealand;c) publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere;d) in respect of Digital Advertising, the Material does not include any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion, to the extent we consent to you collecting information relating to our users (“User Information”) you may only use such information for the advertiser’s internal statistical purposes and solely in respect of the relevant advertising campaign; ande) for the avoidance of doubt, you must not disclose any User Information to any third party and must not use any User Information in connection with any advertising campaigns on any third party properties or websites. If you are a representative of an advertiser, this does not prevent you from disclosing the User Information in summary format only to the advertiser, provided you procure that the advertiser only uses such information in accordance with these terms. We may immediately remove any advertisement without liability in the event of any breach. Any such termination will not affect your obligation to make payment.2. You agree to indemnify us against any losses, liabilities, costs, claims or expenses whatsoever 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..Deadlines3. We must receive all creative that forms part of the Materials and information from you in accordance with the timeframes specified:a) for Print Advertising, email confirmation or stated on the applicable rate cardb) for Digital Advertising, any email confirmation.General Publication4. We may refuse to publish, or withdraw Material from publication without having to give reason.5. We may publish the Material at a time different from originally booked or where applicable in the next available issue if there is an error or delay in publication of the advertising as booked.6. All creative that forms part of the Materials are subject to reasonable approval by our editorial and advertising staff. We may require that Material is corrected or amended to conform to style, or for other genuine reasons.7. By placing an advertisement for publication you grant us a perpetual, royalty free license to reproduce the advertisement in any print or electronic media we offer customers now or in the future.8. The positioning or placing of any Material in a publication or website is at our discretion except where specifically agreed in writing.9. You must tell us as soon as possible if there is an error or omission in any material you have placed or placed by us on your behalf. Our Place Magazine reserves the right to charge additional amendment fees and additional processing fees.10. Any bookings for placement of advertising material may be used only by you or your entity for advertising your usual business and may not be on-sold, transferred or otherwise made available to any other person or entity without our prior written consent.11. Where you make an order to publish advertising material as print advertising, you also allow us to publish this material as a digital advertisement on the website.Cancellation12. If you wish to cancel an advertisement or campaign you must communicate this in writing to us. A cancellation fee may apply: If you cancel a campaign within:- 14 days of the publishing date, 50% of the booked campaign cost will be payable by you;- 7 days of the publishing date, 75% of the booked campaign cost will be payable by you; and- Under 5 working days of the publishing date, 100% of the booked campaign cost will be payable by you.a) for Print Advertising, please refer to the Dates & Deadlines for specific details.b) for Digital Advertising, as set out in the Special Conditions relating to Digital Advertising.13. The charge for advertising will be in New Zealand dollars and in accordance with the applicable rate card applying at the time for the publication, unless we agree otherwise in writing.Rate Card14. Rate card adjustments will be published on our website. New rates will apply one month after the rate adjustment is published. 15. Payment is due on the 20th of the month following advertising unless we specify otherwise in writing. If payment is not made by the due date you will be liable for all costs of recovery, commissions and collection fees at market rates.16. You will be charged an additional fee of 2% including GST on unpaid invoices each week after the date due.Liability17. We exclude all implied conditions and warranties from these terms except to the extent that they cannot be excluded by law. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire or hold yourself out as acquiring goods or services for the purpose of a business.18. We will not be liable for any loss including any loss of revenue or profit and any indirect or consequential loss arising from or in relation to any error or omission in publishing or failure to publish and if we are found to have any liability for any circumstance that liability is limited to the cost of the space of the advertisement.19. You acknowledge that you have not relied on any representation made by or on behalf of Our Place Magazine in connection with the advertising.20. If we are found to have any direct liability in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the publication and/or website.Creative Services21. 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 and that such work is not work for which a commission payment has been made or agreed. You may not use any such advertisement in any other publication without our specific written consent.General Terms22. In addition to these Terms and Conditions you acknowledge that all advertising including the conditions of payment, delivery and changes to or cancellation of such advertising, will be in accordance with and subject to the conditions notified to you or generally published by Our Place Magazine from time to time.23. We may at our sole discretion vary these Terms and Conditions at any time provided that: (a) such amended terms will not affect prior agreed advertising orders; and (b) if you do not agree with a variation then you may cease placing orders with us.Special Conditions Relating To Digital Advertising24. Campaign Impressions: Campaign advertising impressions will be counted and recognised by our ad-serving engine. A third party ad-serving engine may also be used but its impression count won’t be recognised unless we agree otherwise in writing.25. Placement of Advertising: We will only place advertising material on editorial content. The positioning or placing of any material within the particular website is at our sole discretion, except where specifically agreed in writing. If you and Our Place Magazine have an agreed upon placement in a specific section on the website, you acknowledge that the material will only be placed on editorial content within that section, and will be specifically excluded from being placed on sponsored content (being, any content that it generated, purchased and owned by a third party). You acknowledge and agree that any calculation for “share of voice” or other calculation of advertising impressions will be measured on the basis of editorial content only.26. Instruction and Material Deadline: We must receive all creative materials and information from you in accordance with our advertising material guidelines set out below:a) All Standard digital advertising is due no later than 3 working days prior to commencement of a campaign.c) Any late delivery of creative material resulting in the delay of a campaign is your responsibility. For invoicing purposes, the campaign will be deemed to have begun on the original start date specified in the insertion order.d) We reserve the right to charge an additional processing fee of $150+GST, where creative material is delivered after 3pm the day prior to campaign commencement. Such charges are non-commission bearing, and must be paid upon receipt of invoice in line with Our Place Magazine payment terms and conditions.
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