Advertising Material for OHbaby Ltd's website
In these conditions "we" are OHbaby! Limited and the employees and agents of this company, and "Customer" is the person or company placing material for publication on our website.
1. In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Customer's express warranty, the truth of which is essential:
a. That 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, and
b. That the material 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. 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.
2. The Customer agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
3. We must receive creative information signed as approved by the Customer and in an acceptable format no later than three (3) working days prior to the commencement of a campaign.
4. We may refuse to publish, or withdraw material from publication without having to give a reason.
5. We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.
6. All creative submissions are subject to reasonable approval by OHbaby! Ltd. We may require that material is corrected or amended to conform to style, or for other genuine reasons.
7. The positioning or placing of any material within the electronic database is at our discretion except where specifically agreed in writing.
8. We may take orders for advertising material in specific placements. Placements may be used only by the Customer for advertising of the Customer's usual business and may not be transferred by the Customer to another person.
9. Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Customer. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.
10. The Customer must tell us as soon as possible if there is an error or omission in any material the Customer has placed.
11. Campaign advertising impressions will be counted and recognised by OHbaby! Ltd's 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.
12. Cancellation policy
The advertiser agrees to the following terms and conditions:
All cancellations must be made in writing to OHbaby! Ltd.
If the cancellation is made giving 30 or more days notice the advertiser will incur no penalty.
If a cancellation is made giving eight to 30 days notice, the advertiser has two options:
a. The funds committed to the original campaign will be made good through a future advertising campaign on the OHbaby! Ltd website, which must be used within 12-months of the cancellation date.
b. The advertiser agrees to pay a cancellation fee of 60 percent of the total campaign cost. If cancellation occurs with less than seven days notice before the campaign commencement date, the advertiser agrees to pay 75 percent of the total campaign cost.
If cancellation occurs on or after the campaign commencement date, the advertiser agrees to pay 100 percent of the total campaign cost.
If cancellation occurs on a placement where a challenge has been won, the advertiser agrees to pay 60 percent of the campaign cost regardless of when the cancellation takes place.
13. The charge for advertising material will be in accordance with the applicable rate card applying at the time for the publication, unless we agree otherwise in writing. Rate card adjustments will apply to space orders with effect from advertising appearing 28 days after the rate adjustment is published on our rate card. Rates for space orders apply for the whole space and are not reduced if the whole space is not used.
14. Advertising placed by Customers 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.
15. If payment for advertising is not made by due date the Customer will be liable for interest at market rates and all costs of recovery, commissions and collection fees.
16. The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Customer acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.
17. We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.
Advertising Terms & Conditions
Advertising Material for OHbaby Ltd's website