NZ FIJI TIMES Eid Magazine Advertising Terms and Conditions
NZ Fiji Times (‘The Times’) accepts all advertisements and notices from the Customer for publication in all publications under the Times’ control on the following Terms and Conditions. The expression ‘Customer’ means the advertiser and, where advertising has been placed with The Times by an advertising agency, includes that agency.
1. TERMS
1.1 These Terms and Conditions apply to:
(a) Display and classified advertising in the print versions of The Times (‘Eid Magazine Advertising’);
(b) E-edition advertising on The Times website, and all other digital platforms under The Times’ control.
1.2 Additional terms and policies:
In addition to these Terms and Conditions, the Customer acknowledges that the supply of The Times Eid Magazine Advertising will (unless agreed otherwise) be subject to:
1.3 The Times, Eid Magazine Advertising current standard credit terms;
1.4 The Times, Eid Magazine Advertising current rate card terms;
1.5 Any terms and conditions set out in an order form or booking confirmation for The Times, Eid Magazine Advertising accepted by the Customer (the ‘Order Form’);
1.6 Any other terms and conditions or policies notified to the Customer; and
1.7 The terms of any other agreement accepted by the Customer (together: ‘Additional Terms and Policies’). Additional Terms and Policies shall have priority over these Terms and Conditions to the extent of any inconsistency or conflict. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
2. ADVERTISING MATERIAL
2.1 Customer supplied: The Customer may provide its own advertising material for publication. The Times will not be responsible for any loss or damage to such material while in the possession of The Times. Advertising material must be received by The Times by the deadlines specified or if not specified then at least 15 working days prior to the publication being printed. The Customer may be charged for any advertisement not published due to late receipt or non-receipt of advertising material.
2.2 The Times supplied: Where The Times supplies advertising material, the Customer must provide written confirmation that it accepts the material in all respects at least (5) five working days before the agreed publication deadline. If the Customer does not provide such written approval within that time frame then it will be deemed to have accepted the material in all respects and The Times shall not be liable to the Customer in any way for any defect or matter arising out of the advertising material. In any event, the Customer must notify The Times immediately of any such defect or matter arising out of the advertising material. If the Customer does so, then The Times will do its best to rectify the advertising material to the Customer’s reasonable satisfaction prior to the publication. Unless otherwise agreed advertising material supplied by The Times remains the property of The Times and may not be used in any other medium or published by any third party without the approval of The Times.
3. SOCIAL MEDIA
3.1 The Customer agrees that the Time’s is permitted to advertise the customers business (Advertisement) on social media, including but not limited to the Time’s Website, Facebook, Twitter and LinkedIn.
3.2 The Customer also agrees that the all social media advertising will carry the Time’s water mark across the image.
4. ADVERTISEMENT
The Times will design the advertisement as per the agreed price.
5. CHANGES AND PLACEMENT
5.1 The Times rights to make changes: The Times may in its discretion:
(a) Without notice to the Customer alter or abbreviate any advertisement (provided this right will not be unreasonably exercised and The Times will notify the Customer of the change as soon as practicable);
(b) At any time and without notice to the Customer cancel, reject or refuse to publish or continue publishing any advertisement (provided this right will not be unreasonably exercised and The Times will notify the Customer as soon as practicable, and it shall be reasonable to reject an advertisement where the advertisement breaches relevant law or regulation, including any media accreditation terms to which The Times may be subject);
(c) Publish advertising material at a time different from the time originally booked, or in the next available issue, or edition if there is an error or delay in publication of the advertising material;
(d) Insert the word “Advertisement” above or below any advertisement which in The Times’ opinion resembles editorial matter.
5.2 Placement: The Times will endeavour to grant the Customer the placement that Customer requests for its advertisements. The Times will not be responsible or liable to the Customer in any way if the Customer’s request cannot be granted, or the product featured in the Customer’s advertisement features advertising by competitors of the Customer.
5.3 Colour advertising: The Times guarantee the availability of colour advertisement for Times, Eid Magazine Advertising.
6. COST AND PAYMENT
6.1 Rates: The Customer acknowledges that:
(a) The Times may vary its rate card rates at any time;
(b) Any discount that the Customer may be offered from the standard rate card rates may be revoked or cancelled by The Times at any time without notice to the Customer; unless otherwise stated by The Times,
(c) Advertising rates are quoted inclusive of GST; and Customers will be charged an additional credit card transaction fee (which will be disclosed at the time of payment) plus GST when making payments by credit card.
6.2 Credit terms: The Customer acknowledges that any credit provided will be on The Times standard credit terms criteria which may vary from time to time.
6.3 Payment:
(a) Payment shall be made via internet banking or automatic payment authority.
(b) The customer will be invoiced after excepting the proposal.
6.4 Unpaid invoices: If any invoice remains unpaid after the due date The Times may:
(a) Charge the Customer default fee of all unpaid amounts at the rate of 5% per month from the Due Date until the date full payment is received; and
(b) Without prior notice, apply all or part of any credit balance with The Times towards satisfaction of any amount owing (whether or not due for payment) by the Customer to The Times.
(c) The customer shall be liable for any collection costs incurred by The Times for collecting unpaid invoices, including costs on a solicitor client basis for any litigation.
7. LIABILITY, WARRANTIES AND INDEMNITIES
7.1 Customer warranties: The Customer warrants to The Times that no advertisement will:
(a) Give rise to any claims or liabilities against The Times;
(b) Infringe copyright (such as image, contents and design), trade mark or other intellectual or industrial property rights of any person;
(c) Contain material that is obscene, offensive, defamatory, illegal or otherwise unsuitable for publication;
(d) In the case of digital advertising, contain cookies, tracking tags or other tracking device unless The Times has provided its prior written consent, or allow for data leakage or the on- selling of retargeted audiences; or
(e) Be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other statute, regulation, code or rule of law.
7.2 Customer indemnity: By submitting or authorizing submission of an advertisement for publication, the Customer indemnifies The Times (and its employees and agents) against any proceedings, demands, losses, costs (including legal costs on a solicitor-client basis), damages (including indirect, consequential loss and special damages) and other liabilities incurred by The Times (and/or its employees and agents) in connection with the advertisement.
7.3 Trade advertising: If the Customer requests advertisement services of a type not ordinarily used for personal, domestic or household purposes, the Consumer Guarantees Act 1993 will not apply and is expressly excluded. If the Customer is also in trade, it agrees that sections 9, 12A, 13, or 14 (1) of the Fair Trading Act 1986 will not apply. Subject to this clause nothing in these Terms and Conditions will affect the Customer’s rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
7.4 Exclusion and limitation of liability: Except as expressly provided in these Terms and Conditions, The Times excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. In no circumstances will The Times (its employees or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special damage suffered by the Customer or any other person. The Times (including The Times’ officers, employees and agents) liability to the Customer, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or advertisements (including from any errors, omissions, non-publication or inaccuracies however caused, including without limitation by negligence, system or press failure, mistake, misclassifications, early, late or non-insertion of advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant advertisement, provided that if the Customer does not advise The Times of any error within five days of publication of the advertisement The Times will have no liability whatsoever.
7.5 No liability for non-publication: The Times will not be liable to the Customer or any other person for any loss of whatever kind suffered as a result of an advertisement not being published where such event arises from the exercise of any discretion by The Times under these Terms and Conditions or any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of The Times’ operation or network will be deemed to be an event beyond The Times’ control. Should such an event occur, The Times will take all steps reasonably necessary to resurrect its operation and network, and the Customer has the right to cancel the particular contract for the affected advertising at no penalty if such an occurrence results in the relevant The Times publication not being published for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays).
8. GENERAL
8.1 No waiver: If at any time The Times does not enforce any of these Terms and Conditions or grants the Customer time or other indulgence, The Times shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.
8.2 Assignment: The Customer may not:
(a) Assign this Contract or any part of it (including advertising space allocated to it) to any third party; or
(b) Place advertisements (whether directly or indirectly) on behalf of third party advertiser(s) (whether as an agent or otherwise), except on terms previously agreed with The Times. Advertisements are placed by a Customer on behalf of a third party advertiser where, for example (but without limitation), the advertisement promotes or otherwise notifies readers as to the goods or services of a third party other than the Customer.
8.3 Confidentiality: The Customer acknowledges the confidential nature of any information disclosed by one party to the other in accordance with these Terms and Conditions (‘Confidential Information’). The Customer accordingly undertakes to keep the Confidential Information confidential and not disclose any of the Confidential Information without the prior written consent of The Times the Customer will ensure that its employees, agents, representatives and advisers observe the terms of this clause. The Customer indemnifies THE TIMES against all losses, damages, costs or expenses which The Times may incur as a result of any unauthorized disclosure of the Confidential Information. This obligation of confidentiality will continue in full force until all of the Confidential Information has entered the public domain and will survive termination of these Terms and Conditions.
8.4 Entire agreement: These Terms and Conditions and any applicable Additional Terms and Policies set out the entire agreement between the parties in relation to The Times and supersede all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such advertising.
8.5 Governing law: These Terms and Conditions are governed by, and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute arising from these Terms and Conditions.
8.6 Severability: If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
8.7 The Times ability to change: The Times may vary these Terms and Conditions at any time in its sole discretion, provided that:
(a) The Customer will be notified of such amendments in writing to the last contact details provided by the Customer to The Times or alternatively by a notice published on the The Times website;
(b) Such amended terms will not affect prior agreed advertising orders (but will affect further advertising orders under any space order arrangements); and
(c) If the Customer does not agree with a variation the Customer may cease placing orders with The Times.
