Stuff Limited General Advertising Terms and Conditions
Stuff Limited and its subsidiaries (Stuff, we, us, our) place material for publication on behalf of the customer (you) subject to these terms and conditions of advertising (Terms). These Terms apply to all advertising in any of our print publications (Print Advertising) or websites and other digital services (Digital Advertising) unless we have agreed other terms in writing with you.
Material for Publication
1. 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 the your express warranty, the truth of which is essential that:
a) 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) the Material complies in every way with the Advertising Code of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standing 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;
d) in respect of 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, to the extent 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
e) 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.
2. 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.
3. We must receive all creative that forms part of the Materials and information from you in accordance with the timeframes specified:
a) for Print Advertising, on the insertion order, email confirmation or stated on the applicable rate card
b) for Digital Advertising, as set out in the Special Conditions relating to Digital Advertising or any email confirmation.
4. We may refuse to publish, or withdraw Material from publication without having to give reason.
5. 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.
6. All creative 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.
7. By placing an advertisement for publication you grant us a perpetual, royalty free license to reproduce the advertisement in any print or electronic media we offer customers now or in the future. See further terms for Digital Advertising in the Special Conditions for Digital Advertising.
8. The positioning or placing of any Material in a publication or website is at our discretion except where specifically agreed in writing.
9. 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. Stuff reserves the right to charge additional amendment fees and additional processing fees.
10. Where you order a specific placement for its advertising material, the placement may be used only by you for advertising your usual business and may not be transferred to another person.
11. 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 Stuff. Additional charges will apply to this service, which are included on the applicable rate card.
12. If you wish to cancel an advertisement or campaign you must communicate this in writing to us. A cancellation fee may apply:
a) for Print Advertising, please refer to the applicable advertising rate card, insertion order or email confirmation for specific details of any cancellation fee;
b) for Digital Advertising, as set out in the Special Conditions relating to Digital Advertising.
13. The charge for advertising 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.
14. Rate card adjustments will be published in our publications and on our websites. New rates will apply one month after the rate adjustment is published.
15. If you are not a New Zealand resident the cost of any advertising you place with us will be zero-rated for GST purposes. If you are a non-resident agent placing advertising on behalf of a New Zealand resident GST will be applied at the standard rate.
16. Payment is due on the 20th of the month following advertising unless we specify otherwise in writing. If payment is not made by the due date you will be liable for all costs of recovery, commissions and collection fees at market rates.
17. You will be charged an additional fee of 2% including GST when making payments by Visa, MasterCard or American Express cards. This includes all prepaid advertising lodged via a Stuff representative, email, telephone or at the front counter of any of our premises.
18. We exclude all implied conditions and warranties from these terms except to the extent that they cannot be excluded by law. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire or hold yourself out as acquiring goods or services for the purpose of a business.
19. We will not be liable for any loss including any loss of revenue or profit and any indirect or consequential loss arising from or in relation to any error or omission in publishing or failure to publish and if we are found to have any liability for any circumstance that liability is limited to the cost of the space of the advertisement.
20. You acknowledge that you have not relied on any representation made by or on behalf of Stuff in connection with the advertising.
21. If we are found to have any direct liability in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the publication and/or website.
22. Where you utilise any aspect of our creative services in the design or production of an advertisement (including photographic or design work) you acknowledge that we own the copyright in such work and that such work is not work for which a commission payment has been made or agreed. You may not use any such advertisement in any other publication without our specific written consent.
23. All DVD’s, Blu-ray disks and videos, and any other restricted publications advertised for sale must include its Classification as determined by the New Zealand classification office any may be advertised only in accordance with the conditions imposed by the Classification Office. We may require written evidence of New Zealand classification ratings and Classification Office conditions for each DVD, video or any publication.
24. We have the right at any time to provide advertising data (including but not limited to your total advertising rate card spend) for publication by Nielsen Media Research as part of our membership of the IAB of New Zealand and to monitor ad spend of New Zealand.
25. In addition to these Terms and Conditions you acknowledge that all advertising including the conditions of payment, delivery and changes to or cancellation of such advertising, will be in accordance with and subject to the conditions notified to you or generally published by Stuff from time to time.
26. We may at our sole discretion vary these Terms and Conditions at any time provided that: (a) such amended terms will not affect prior agreed advertising orders; and (b) if you do not agree with a variation then you may cease placing orders with us.
Special Conditions relating to Digital Advertising
1. Campaign Impressions: Campaign advertising impressions will be counted and recognised by our 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.
2. Placement of Advertising: We will only place advertising material on editorial content. The positioning or placing of any material within the particular website is at our sole discretion, except where specifically agreed in writing. If you and Stuff have an agreed upon placement in a specific section on the website, you acknowledge that the material will only be placed on editorial content within that section, and will be specifically excluded from being placed on sponsored content (being, any content that it generated, purchased and owned by a third party). You acknowledge and agree that any calculation for “share of voice” or other calculation of advertising impressions will be measured on the basis of editorial content only.
3. We may provide guidelines to be followed where you include an Internet addresses in advertising.
4. Instruction and Material Deadline: We must receive all creative materials and information from you in accordance with our advertising material guidelines set out below:
a) All Rich Media digital advertising is due no later than 5 working days prior to commencement of a campaign as set out in the insertion order.
b) All Standard digital advertising is due no later than 3 working days prior to commencement of a campaign as set out in the insertion order.
c) 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.
d) We reserve the right to charge 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 Stuff payment terms and conditions.
e) For the avoidance of doubt in relation to Stuff advertising operation service times, support hours have been defined to be between the hours of 8.30am – 5pm Monday to Friday (excluding public holidays).
f) 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.
5. Cancellation Policy: You agree to the following terms and conditions:
a) for all Standard Advertising Placements:
i. if a cancellation is made giving 8 or more days’ notice, you will incur no penalty;
ii. if a cancellation is made giving 2 – 7 working days’ notice, you agree to pay 50% of the campaign cost;
iii. If a cancellation is made giving 24 hours’ notice or less, you agree to pay 100% of the campaign cost; and
iv. If a cancellation is made on or after the campaign commencement date, you agree to pay 100% of the campaign cost.
b) for all Premium Advertising Placements:
i. if the cancellation is made giving 15 or more days’ notice, you will incur no penalty;
ii. if the cancellation of a premium placement is made giving less than 14 days’ notice, you agree to pay 100% of placement cost. Premium placements are deemed to be any highly visible or in-demand advertising placement, including but not limited to:
Stuff Homepage Placements
On Load Interstitial
c) For all challenged placements, if the cancellation of a challenged placement is made, you agree to pay 100% of placement cost. For further details on the Challenge Process guidelines, please contact Stuff Limited.
Effective: 1 February 2018