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Conditions of acceptance of advertising

These conditions are deemed part of the contract issued by HB Media Ltd.

Contract advertising

Series bookings apply to a specific volume of space which is contracted by the Advertiser for a specific period. In cases where the actual space taken for the period falls below the contract volume, the Publisher will surcharge all space taken to the rate appropriate to the volume of space used. 

Postponement or cancellation of bookings

This cannot be effected after 5pm on the day exactly two months prior to the on-sale date.

For premium positions postponement or cancellation cannot be effected after 5pm on the day exactly three months prior to the on-sale date. Premium positions are defined as the outside back cover, inside front cover spread and the inside back cover positions.

Good reserves the right to back-charge any client for advertising schedules that are cancelled before the agreed number of insertions have run. The amount of the back-charge would be calculated as the total difference between the agreed rate per insertion for the original ad schedule and the ratecard rate for the actual number of insertions run. 

Material

All advertising material shall be delivered to the Publisher without expense to the Publisher.

Any expenses incurred following advertising material deadline date in trying to secure material (e.g. toll calls, freight, couriers etc) shall be recoverable from the Advertiser or Advertising Agency and shall be charged out as a disbursement (non-commission bearing).

Where new copy or instructions to repeat have not been received from a contract Advertiser by copy deadline date the Publisher reserves the right to repeat any previously run copy, or to compose or enter substitute copy at the Publisher’s absolute discretion and charge full rates plus production.

Advertisement material is held at the Advertiser’s risk and is not insured by the Publisher. Material will only be returned on request and any material unused for 36 months will be destroyed.

Rate protection

Should advertising rates change, Advertisers on a current contract with HB Media Ltd will be given rate protection (i.e. charged at “old” rates)

• For only two consecutive issues in the case of monthly titles, and for one issue in the case of all less-frequently published titles
• From and including the issue at which any new rate increase takes effect.

Terms

Accounts for advertising space and production are due for payment within 20 days following the end of the month of publication. Advertisers and their Advertising Agencies are jointly and severally liable for payments due under any contract. For the purposes of this clause the month of publication is the on-sale date of the publication. Any costs, fees, legal expenses or commissions incurred in obtaining payment are to be charged to the client’s account.

Tax and levies

Any Government or industry taxes and/or levies are additional to the current rates structure shown on the rate card. GST (currently 12.5%) is payable on all payments from a New Zealand source and on such overseas advertising as may from time to time be deemed liable by the Inland Revenue Department.

General

1. The Publisher reserves the right to decline the insertion of any advertisement.
2. The placement of an advertisement is at the Publisher’s discretion—except where a preferred position loading has been paid.
3. Casual displacement, rejection or omission of an advertisement does not invalidate a space order.
4. While every care is exercised, the Publisher will not accept liability for any loss whatsoever incurred through error either in the content of an advertisement, or the incorrect appearance of an advertisement.

 

Terms of acceptance of advertising copy

The Advertiser warrants and undertakes to the Publisher that no statement, representation or information contained in the supplied advertisement:

1. is or is likely to be misleading or deceptive or to otherwise infringe the Fair Trading Act, 1987; or
2. is at all defamatory, in breach of copyright, trademark or other intellectual or industrial property right; or
3. is otherwise in breach of any provision of any Statute Regulation or rule of law.

The Advertiser acknowledges that HB Media Ltd relies on the provisions of this Clause in accepting the advertisement for production. The Advertiser hereby agrees to indemnify the Publisher against all losses or costs, legal or otherwise, arising as a result of the publication of the advertisement.

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