FAIRFAX NEW ZEALAND LIMITED ADVERTISING TERMS AND CONDITIONS FOR WEBSITES

In these conditions "we" are Fairfax New Zealand Limited and subsidiary companies, and the employees and agents of those companies, and "Customer" is the person or company placing material for publication on our websites.

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; 

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; and 

d. The material does not contain 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 your internal statistical purposes and solely in respect of the advertising campaign the subject of the insertion orders. 

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 this paragraph d, and without limiting our rights or remedies, we may immediately remove any advertisement without liability in the event of any breach by you (or the Advertiser) of this paragraph. Any such termination will not affect your obligation to make payment.

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 all creative materials and information from the Customer in accordance to our advertising material guidelines. 

All Rich Media digital advertising is due no later than 10 working days prior to commencement of a campaign. 

All Standard digital advertising is due no later than 5 working days prior to commencement of a campaign.

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. 

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 Fairfax New Zealand Editorial and Advertising staff. 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 particular website 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. The Customer must tell us as soon as possible if there is an error or omission in any material the Customer has placed.

10. Campaign advertising impressions will be counted and recognised by Fairfax Digital'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.

11. Cancellation policy

The Customer agrees to the following terms and conditions:

All cancellations must be made in writing to Fairfax New Zealand. 

If the cancellation is made giving 8 days or more days notice the Customer will incur no penalty.

If a cancellation is made giving 2 - 7 days notice, the Customer agrees to pay 50% of the campaign cost.

If a cancellation is made giving 24 hours notice, the Customer agrees to pay 100% of the campaign cost.

If a cancellation is made on or after the campaign commencement date, the Customer agrees to pay 100% of the campaign cost.

12. Any campaign advertising impressions delivering over 90% of booked campaign impressions will be charged in full unless we agree otherwise in writing. 

13. Any campaign advertising impressions delivering less than 90% of booked campaign impressions may be eligible for a make-good to the equal value of the under delivery if agreed in writing.

14. The charge for advertising material 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 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.

15. 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.

16. 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. 

17. Fairfax excludes all implied conditions and warranties from these terms except to the extent that they cannot be excluded at law. 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.

18. The Customer acknowledges that it has not relied on any representation made by or on behalf of Fairfax in connection with the advertising. 

19. 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.

20. Customers will indemnifies Fairfax and all its officers and employees, contractors and agents against any costs, expense, losses, damages and liability it suffers or incurs arising from customers breach of the terms and any negligent or unlawful act or omission of Customer in connection with the advertising. 

21. Fairfax Digital has the right at any time to provide Nielsen Online (NO) with advertising data (including but not limited to the Client's advertising rate card spend on an aggregated basis only)  for publication by NO as part of Fairfax Digital's membership of the Interactive Advertising Bureau New Zealand. In these conditions "we" are Fairfax New Zealand Limited and subsidiary companies, and the employees and agents of those companies, and "Customer" is the person or company placing material for publication on our websites.

- Stuff