Education Today Ltd Terms & Conditions
The following terms apply to all advertising provided by Education Today Limited (ET) to any person or company or to any party on whose behalf advertising is placed and any advertising agency or media company which places advertising (the advertiser). The terms apply to associated publications including Education Today and Learning Auckland.
1.1 Subject to these Terms, ET will use its reasonable endeavours to publish advertising (‘advertising’) in the format submitted by the advertiser and in accordance with the placement instructions of the advertiser.
1.2 The advertiser grants ET a licence to publish the Advertising in any form or medium, including print, online or other. The advertiser warrants that it is authorised to grant ET the licence.
2. Advertiser warranties
2.1 ET accepts advertising in reliance on the advertiser’s express warranty that the advertising does not breach:
- The Fair Trading Act
- Any intellectual or moral property right, copyright or trademark.
- Any defamation or obscenity laws.
- Privacy or anti-discrimination laws.
- The advertising codes of practice issued by the Advertising Standards Authority.
2.2 The advertiser warrants that if advertising contains names of images of living persons the advertiser has obtained the consent of that person for the material to be used.
3. The advertiser must not assign advertising space without the written consent of ET.
4. ET reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by ET).
5. Right to vary Format, Placement or Distribution
5.1 ET will use reasonable efforts to publish Advertising in the format and in the position requested by the advertiser. However, ET reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).
5.2 ET will not be liable for any loss or damage incurred by an advertiser arising from ET’s failure to publish Advertising in accordance with an advertiser’s instructions.
6. Classified Advertising
6.1 ET will publish Classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. ET will publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.
7. Online Advertising
7.1 For online banner and display advertising, the advertiser must submit creative materials and a clickthrough URL to ET within the deadline advised by ET. ET may charge the advertiser for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance with this clause.
7.2 All online Advertising must comply with ET’s advertising specifications.
7.3 ET is not liable for loss or damage from an internet or telecommunications failure.
7.4 The advertiser acknowledges that ET may include additional material within online classified Advertising.
8. Advertising Rates and GST
8.1 The advertiser must pay for Advertising at the rate agreed by written contract. Rate card rates may be varied at any time by ET without notice. The advertiser must pay GST at the time it pays for Advertising. ET will provide a tax invoice.
9.1 The advertiser must pre-pay for Advertising unless otherwise agreed by ET. If Advertising is on account, payment must be within 7 days of date of the invoice.
9.2 If the advertiser fails to provide the copy for a booking by publication deadline, the advertiser will be charged the full price unless a cancellation without charge is approved by ET.
10. If the advertiser fails to pay for Advertising ET may:
(a) Charge interest on all overdue amounts at the rate 2% above the Westpac Overdraft Base Rate;
(b) Take proceedings against the advertiser for any outstanding amounts;
11. These Terms, with any other written agreement, represent the entire agreement of the advertiser and ET for Advertising. They can only be varied in writing by an authorised officer of ET. No purchase order or other document issued by the the advertiser will vary these Terms.
12. ET will not be liable for any delay or failure to publish Advertising caused by a factor outside ET’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
13. These terms and conditions are governed by the laws of New Zealand.
14. Advertising Terms and Conditions as at 1/1/2012.