Advertising Terms & Conditions
Stuff Limited General Advertising Terms and Conditions
Stuff Limited and its subsidiaries (Stuff, we, us, our) place material for publication on behalf of the advertiser (you, your, customer) subject to these terms and conditions of advertising (Terms). When an advertiser or third party acting on behalf of an advertiser places a booking with us for advertising, the advertiser or agency on its behalf is deemed to have accepted these Terms and Conditions.
Unless we have agreed other terms in writing with you, these Terms apply to:
- all advertising in any of our print publications (Print Advertising); and
- all advertising on any websites and other digital services (Digital Advertising) where you submit a request to us (Digital Advertising Request), which may include an insertion order, for the placement of advertising on a digital platform owned by us. By submitting a Digital Advertising Request you are deemed to have accepted and will be bound by these Terms.
Material for Publication
- In accepting any material including electronic material or data for publication (Material), and in publishing the Material we are doing so in consideration of and relying on your express warranty, the truth of which is essential 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; and
- that breaches any provision of any statute, regulation, by-law or other rule or law; and
- the Material complies in every way with the Advertising Code of Practice issued by the Advertising Standards Authority Inc. and with every other code or industry standing relating to advertising in New Zealand; and
- 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
- for Digital Advertising, the Material does not include any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion. Where we consent to you collecting information relating to our users (User Information) you may only use such information for the advertiser’s internal statistical purposes and solely in respect of the relevant advertising campaign; and
- 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 these terms. We may immediately remove any advertisement without liability in the event of any breach. Any such termination will not affect your obligation to make payment.
- The Material does not contain anything:
- You agree to indemnify us against any losses, liabilities, costs, claims or expenses whatsoever arising directly or indirectly from any breach of the warranties set out above and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
- We must receive all creative that forms part of the Materials and information from you in accordance with the timeframes specified:
- for Print Advertising - On the insertion order, email confirmation or stated on the applicable rate card; and
- for Digital Advertising - We must receive all creative materials and information from you in accordance with our advertising material guidelines set out below:
- All Rich Media digital advertising is due no later than 5 working days prior to the commencement of a campaign as set out in the insertion order.
- All Standard digital advertising is due no later than 3 working days prior to the commencement of a campaign as set out in the insertion order.
- Any late delivery of creative material resulting in the delay of a campaign is your responsibility. For invoicing purposes, the campaign will be deemed to have begun on the original start date specified in the insertion order.
- We reserve the right to charge you an additional processing fee of $150+GST, where creative material is delivered after 3pm the day prior to campaign commencement specified in the insertion order for the relevant placement. Such charges are non-commission bearing and must be paid upon receipt of invoice in line with our payment terms and conditions.
- Except where you provide the creative materials directly to us for us to upload and host for publication, you must provide, or ensure that an external advertising resource provides, all creative material from an HTTPS (secure browsing) server and/or domain which is using a commercial CA-signed certificate, and using current industry best-practice encryption algorithms and key sizes.
- For the avoidance of doubt in relation to our advertising operation service times, support hours have been defined to be between the hours of 8.30am - 5pm Monday to Friday (excluding public holidays).
- We may refuse to publish or may withdraw Material from publication without having to give reason.
- We may publish the Material at a time different from originally booked or where applicable in the next available issue if there is an error or delay in publication of the advertising as booked.
- All creative materials that forms part of the Materials are subject to reasonable approval by our editorial and advertising staff. We may require that Material is corrected or amended to conform to style, or for other genuine reasons.
- By placing an advertisement for publication you grant us a perpetual, royalty free licence to reproduce the advertisement in any print or electronic media we offer customers now or in the future.
- The positioning or placing of any Material in a publication or website is at our discretion except where specifically agreed in writing.
- You must tell us as soon as possible if there is an error or omission in any material you have placed or placed by us on your behalf. We reserve the right to charge additional amendment fees and additional processing fees.
- Any bookings for placement of advertising material may be used only by you or your entity for advertising your usual business and may not be on-sold, transferred or otherwise made available to any other person or entity without our prior written consent.
- Where you make an order to publish advertising material as print advertising in any of our print publications, you also allow us to publish this material as a digital advertisement on the website www.neighbourly.co.nz, unless you opt-out by notifying us in writing. www.neighbourly.co.nz is owned and operated by a related company of ours. Additional charges will apply to this service, which are included on the applicable rate card.
- If you wish to cancel an advertisement or campaign you must communicate this in writing to us. A cancellation fee may apply:
- for Print Advertising, please refer to the applicable advertising rate card, insertion order or email confirmation for specific details of any cancellation fee.
- for Digital Advertising: If you cancel a campaign within:
- 28 days of the publishing date, 50% of the booked campaign cost will be payable by you;
- 14 days of the publishing date, 75% of the booked campaign cost will be payable by you; and
- 5 working days of the publishing date, 100% of the booked campaign cost will be payable by you.
- All cancellations must be made in writing to us.
- We may allow you to pencil in a booking. All pencil bookings must be signed off by you within 14 days from the reservation of the placement; otherwise, we will not guarantee the reservation of this placement and may allow a third party to book the placement. We will notify you if a pencil booking is released.
- Any request for an amendment to be made to a campaign after the commencement date will be made subject to inventory availability and at our discretion. We reserve the right to charge additional fees for the changes and will notify you at the time of the change. Such charges are non-commission bearing and must be paid upon receipt of invoice in line with our payment terms and conditions.
- For Digital Advertising:
- Any campaign advertising impressions delivering over 90% of booked campaign impressions will be charged in full unless we agree otherwise in writing. Campaign impressions are calculated on the basis of editorial content only, and specifically, exclude sponsored content.
- 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. Campaign impressions are calculated on the basis of editorial content, and specifically, exclude sponsored content.
Rate Cards and Payments
- 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. We may change our rates at any time, and the ratecard may be subject to immediate change due to special events or other site fluctuations.
- For each campaign booked you acknowledge and agree that there is a minimum spend requirement of $1000 (excluding GST) per insertion order unless otherwise agreed in writing by us. For the avoidance of doubt, where the actual amount spent by you for an insertion order is less than $1000, you will be charged $1000 (plus GST if any).
- 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.
- Advertising placed by any customer who is 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.
- If payment for advertising is not made by the due date you will be liable for interest at market rates and all costs of recovery, commissions and collection fees.
- When using a credit card for prepayment a 2% processing fee will be included in billing.