advertiser standard terms & conditions
1. Creatives
It is the responsibility of Client to provide the necessary final creative material (Advertisement) at least 3 working days prior to the commencement of the campaign, as specified in the insertion order. No changes to an Advertisement will be accepted after the campaign start date. All Advertisements must be under 20kb and in gif, jpg or flash format. Rates do not include production charges or tracking of impressions by a third party. Where share of voice of banners are booked, other banners will run in rotation.
Any late delivery of the Advertisement resulting in the delay of a campaign is the responsibility of Client. PropertyIQ NZ Limited (PropertyIQ) will not have any responsibility for any Advertisement that is not submitted within the required timeframe. For invoicing purposes the campaign will be deemed to have begun on the original start date specified in the insertion order.
2. Review of Content
The advertiser will conduct its web advertising campaigns on QV.CO.NZ in accordance with industry standards and the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (ASA). PropertyIQ reserves the right to reject graphics, text or any other material that is, in the sole discretion of PropertyIQ, obscene, libelous, objectionable, potentially harmful to other advertisers or PropertyIQ or inconsistent with the image or reputation of PropertyIQ and Quotable Value Limited. If advertisements are rejected for these reasons, the Advertiser will be advised and asked to resubmit satisfactory material. Failure to comply with these content requirements will not entitle the Advertiser to cancel its advertisement, except on the terms in Clause 4.
3. Warranties
The Client warrants that the Advertisement complies with and does not infringe against;
(i) the Advertisement Codes of Practice issued by the Advertising Standards Authority Inc;
(ii) the Fair Trading Act 1986;
(iii) the Privacy Act 1993;
(iv) any copyright, trade mark or other intellectual property rights; and
(v) any other applicable legislation
The client agrees to indemnify PropertyIQ against any loss, damage or expense incurred by PropertyIQ resulting directly or indirectly from the Client's breach of the warranty.
4. Cancellation
All cancellations must be made in writing to PropertyIQ. Upon cancellation, Client agrees to pay PropertyIQ the following cancellation fees:
(i) If the cancellation is made giving 30 days or more notice prior to the Campaign Start Date then no penalties will apply.
(ii) If the cancellation is made between 14 and 30 days notice prior to the Campaign Start Date the advertiser has two options:
(a) The funds committed to the original campaign will be made good through a future advertising campaign with PropertyIQ, which must be used within 6 months of the cancellation date. This will be invoiced at the time of the original campaign. Or,
(b) The advertiser agrees to pay a cancellation fee of 50% of the Total Campaign Cost.
(iii) If cancellation occurs with less than 14 working days notice before the campaign start date, the advertiser agrees to pay 75% of the Total Campaign Costs referred to on the Insertion Order.
(iv) If cancellation occurs on or after the campaign start date, the advertiser agrees to pay 100% of the Total Campaign Cost.
5. Prices
Prices do not include production charges or tracking of impressions. Prices exclude GST and are subject to change.
6. Payment Terms
Invoices are payable within 14 days of the date of invoice and will be considered overdue if unpaid after this date. PropertyIQ reserves the right to suspend any campaigns where payment is overdue for more than 30 days. If payment for advertising is not made by the due date, Client will be liable for interest at the rate of 5% above the 90 Day Bill rate and all costs of recovery, commissions and collection fees.
7. No Assignment or Resale of Ad Space
The Client may not resell, assign or transfer any of the contract rights assumed hereunder.
8. Miscellaneous
These Standard Terms, together with Insertion Order:
(i) Constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties.
(ii) May be amended only by written agreement executed by an authorised representative of each party
9. Limitation of Liability
Except as expressly provided for in the Insertion Order/Standard Terms, PropertyIQ excludes, to the fullest extent permitted by law, all warranties, representations or conditions whether implied by law, trade, custom or otherwise. Without limiting the foregoing, Client acknowledges that it acquires the services of PropertyIQ for the purposes of a business and as such the guarantees implied under the Consumer Guarantees Act 1993 do not apply. In the event that PropertyIQ fails to display an advertisement in accordance with the Insertion Order (or in the event of any other failure, technical or otherwise), the sole liability of PropertyIQ to the Advertiser shall be limited to either a refund of the proportionate advertisement fee for the portion of the ads that failed to run, or placement of the advertising at a later time. In no event shall PropertyIQ be responsible for any consequential loss or other damages arising from any failure to timely run the advertising in accordance with the Insertion Order. PropertyIQ shall have no liability for any failure or delay resulting from conditions beyond PropertyIQ's control.