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TERMS AND CONDITIONS
Australian terms of trade
New Zealand terms of trade
1. Our General Rights And Responsibilities
We agree to:
a. respond promptly to your enquiries;
b. provide our advertising services as set out in the Advertising Schedule we send you;
c. do our best to keep you informed about the features of our advertising services as we introduce or improve them;
d. provide clear explanations of our charges and billing procedures;
e. continue to promote our directories to encourage people to use them.
2. Your General Responsibilities
So that we can meet our responsibilities, you in turn agree to:
a. provide all material we require from you promptly, and always by the last date we nominate;
b. make sure all material you provide to us is complete and accurate and meets any other quality or procedural requirements we notify you about from time to time.; files supplied contrary to Cervin Publishing will not be guaranteed for quality.
c. comply with the Fair Trading Act 1986, the Copyright Act 1194, the Defamation Act 1992, all other applicable laws and any relevant Advertising Codes of Practice;
d. never make inappropriate use of information provided to you by directory users (e.g for unauthorised direct marketing) or breach anyone's legal rights (e.g. intellectual property rights, contractual rights or rights to privacy).
e. Customer to Indemnify publisher. The customer agrees to indemnify the publisher (including its employees and agents) for any liability arising out of or incidental to the publication of the publication of the customer's information or advertisement.
3. Ordering Advertising Services
a. We require a signed booking form from you before we will provide an advertising service.
b. We may assume the person signing an order has your authority to place the order.
c. We reserve the right not to accept any order. Your order must be received prior to our publicly advertised publishing deadline for a printed directory but advertising orders for our electronic directories can be made at any time.
4. Paying For Our Advertising Services
a. All prices are quoted in New Zealand dollars.
b. All prices are exclusive of GST, and agency fees.
c. Charges for advertising will be billed on receipt of signed booking form and are payable 20th of the month following invoice date.
d. All prices exclude production charges unless otherwise stated. Production Charges, if required, will be quoted on request.
e. If you have booked your advertising through an agent you will be liable to us for those advertising charges if the agent does not pay us for any reason (even if you have already paid the agent).
f. If you do not pay our charges by the due date shown on the account we may require you to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis.
g. The customer acknowledges that the price it has agreed to pay for services under this contract reflects the following agreed exclusion of liability and allocation of risk under this agreement. Publisher excludes liability: The publisher (including its employees and agents) excludes any liability for any claim made whatsoever (including negligence) arising in any way out of, or relating to the publication.
5. Proofs and Placement of Advertisements
a. Unless otherwise stated we do not guarantee any particular placement of any page in any directory.
b. We do not guarantee listings will not be split over pages.
c. Cervin Publishing is not liable for errors or variations in the finished work where such errors or variation were contained in the proof approved by the customer.
6. Cancelling Your Advertising Order. If a cancellation is received after receipt of the signed booking authorisation form the agreed amount will still be payable in full.
7. Information About You And Your Business
You agree that we may collect information about you and your business. The information may be obtained from you and others or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However if you do not provide it, we may not be able to provide advertising services for you. You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other our officers, employees, contractors, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover money you owe and keep you informed of services available to you.
8. Resolving Disputes
If you think that we have not met a responsibility we have to you, you must give us notice in writing. If we find that we have not met any responsibility we have to you, we will discuss and reach with you an agreeable solution. Any credit is available only once for mistakes relating to a particular listing or advertisement and the value is limited to a maximum of our charge to you for providing the particular advertising service. Any refund owing will be paid to the client within 1 month of refund being approved.
9. Each Term Separately Binding
If for any reason any term of this agreement cannot be enforced or relied on by you, us or any of the other people referred to in clause 13, all other terms remain binding.
10. No Waiver
No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applied only to the right and on the occasion specified in the waiver.
11. Sending Notices
We may send you notices to either the last postal address, last fax number or last email address your have given us. Please advise us straight away if you change any of your contact details. You may send us notices by post to Cervin Publishing Ltd, PO Box 68450, Newton, by fax to 09 358 2393 or by e-mail to admin@cervinpublishing.co.nz. Both you and we can assume that any notice sent by mail has been delivered 2 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5pm on a weekday or, if not then on the next weekday.
12. Changing Our Terms of Business
We may change these terms, by changing or removing existing terms or adding new ones, at any time. Our terms and conditions are set out on the back of all of our invoices plus on our website www.cervinpublishing.co.nz
13. Our Right to Withhold, Suspend, Restrict or Terminate Services
We reserve the right to withdraw, suspend, restrict or terminate any advertising service at any time if you do not meet a responsibility of yours under this agreement or if we consider your advertising order is unauthorised. We may edit or refuse to publish, material at any time if we consider it to be unauthorised, in breach of our advertising policy, misleading, offensive, defamatory, illegal or detrimental to the standing of our directories in the community.
Australia terms of trade
1. Our General Rights And Responsibilities
We agree to:
a. respond promptly to your enquiries;
b. provide our advertising services as set out in the Advertising Schedule we send you;
c. do our best to keep you informed about the features of our advertising services as we introduce or improve them;
d. provide clear explanations of our charges and billing procedures;
e. continue to promote our directories to encourage people to use them.
2. Your General Responsibilities
So that we can meet our responsibilities, you in turn agree to:
a. provide all material we require from you promptly, and always by the last date we nominate;
b. make sure all material you provide to us is complete and accurate and meets any other quality or procedural requirements we notify you about from time to time.; files supplied contrary to Cervin Publishing will not be guaranteed for quality.
c. comply with the Fair Trading Act 1986, the Copyright Act 1194, the Defamation Act 1992, all other applicable laws and any relevant Advertising Codes of Practice;
d. never make inappropriate use of information provided to you by directory users (e.g for unauthorised direct marketing) or breach anyone's legal rights (e.g. intellectual property rights, contractual rights or rights to privacy).
e. Customer to Indemnify publisher. The customer agrees to indemnify the publisher (including its employees and agents) for any liability arising out of or incidental to the publication of the publication of the customer's information or advertisement.
3. Ordering Advertising Services
a. We require a signed booking form from you before we will provide an advertising service.
b. We may assume the person signing an order has your authority to place the order.
c. We reserve the right not to accept any order. Your order must be received prior to our publicly advertised publishing deadline for a printed directory but advertising orders for our electronic directories can be made at any time.
4. Paying For Our Advertising Services
a. All prices are quoted in Australian dollars and are exclusive of agency fees.
b. Charges for advertising will be billed on receipt of signed booking form and are payable 20th of the month following invoice date.
c. All prices exclude production charges unless otherwise stated. Production Charges, if required, will be quoted on request.
d. If you have booked your advertising through an agent you will be liable to us for those advertising charges if the agent does not pay us for any reason (even if you have already paid the agent).
e. If you do not pay our charges by the due date shown on the account we may require you to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis.
f. The customer acknowledges that the price it has agreed to pay for services under this contract reflects the following agreed exclusion of liability and allocation of risk under this agreement. Publisher excludes liability: The publisher (including its employees and agents) excludes any liability for any claim made whatsoever (including negligence) arising in any way out of, or relating to the publication.
5. Proofs and Placement of Advertisements
a. Unless otherwise stated we do not guarantee any particular placement of any page in any directory.
b. We do not guarantee listings will not be split over pages.
c. Cervin Publishing is not liable for errors or variations in the finished work where such errors or variation were contained in the proof approved by the customer.
6. Cancelling Your Advertising Order. If a cancellation is received after receipt of the signed booking authorisation form the agreed amount will still be payable in full.
7. Information About You And Your Business
You agree that we may collect information about you and your business. The information may be obtained from you and others or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However if you do not provide it, we may not be able to provide advertising services for you. You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other our officers, employees, contractors, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover money you owe and keep you informed of services available to you.
8. Resolving Disputes
If you think that we have not met a responsibility we have to you, you must give us notice in writing. If we find that we have not met any responsibility we have to you, we will discuss and reach with you an agreeable solution. Any credit is available only once for mistakes relating to a particular listing or advertisement and the value is limited to a maximum of our charge to you for providing the particular advertising service. Any refund owing will be paid to the client within 1 month of refund being approved.
9. Each Term Separately Binding
If for any reason any term of this agreement cannot be enforced or relied on by you, us or any of the other people referred to in clause 13, all other terms remain binding.
10. No Waiver
No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applied only to the right and on the occasion specified in the waiver.
11. Sending Notices
We may send you notices to either the last postal address, last fax number or last email address your have given us. Please advise us straight away if you change any of your contact details. You may send us notices by post to Cervin Publishing Ltd, PO Box 68450, Newton, by fax to 09 358 2393 or by e-mail to admin@cervinpublishing.co.nz. Both you and we can assume that any notice sent by mail has been delivered 2 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5pm on a weekday or, if not then on the next weekday.
12. Changing Our Terms of Business
We may change these terms, by changing or removing existing terms or adding new ones, at any time. Our terms and conditions are set out on the back of all of our invoices plus on our website www.cervinpublishing.co.nz
13. Our Right to Withhold, Suspend, Restrict or Terminate Services
We reserve the right to withdraw, suspend, restrict or terminate any advertising service at any time if you do not meet a responsibility of yours under this agreement or if we consider your advertising order is unauthorised. We may edit or refuse to publish, material at any time if we consider it to be unauthorised, in breach of our advertising policy, misleading, offensive, defamatory, illegal or detrimental to the standing of our directories in the community.
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