Advertising Terms and Conditions

In these conditions “EDUVAC” is Kaha Media Limited (The publisher of EDUVAC – The Education Weekly and the employees and agents of this company) and “Customer” is the person, company or other entity, including (subject to Clause 19) an advertising agency, placing material for publication on our website or in our weekly newspaper.

1. ADVERTISEMENTS: EDUVAC accept all Advertisements and notices (“Advertisements”) from the customer for publication on www.eduvac.co.nz (“the website”) on the following terms and conditions (“Terms and Conditions”). These Terms and Conditions will apply to: 

(a) online banner and display advertising on the EDUVAC website (“Banner Advertising”); 

(b) online advertising on the EDUVAC websites other than Banner Advertising (“Online Advertising”); and 

(c) all other advertising services provided to the Customer by EDUVAC in relation to Advertisements (“Other Advertising”), (together referred to as “Advertising”).

2. TERMS INCONSISTENT: The placing of an order for any Advertising by a Customer constitutes acceptance by the Customer of these Terms and Conditions and of all rates set out by EDUVAC in the relevant rate cards unless otherwise agreed in writing by EDUVAC. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.

3. ENTIRE AGREEMENT: Subject to clause 22, these Terms and Conditions (including booking confirmations and any credit terms referred to in clause 11 if applicable) set out the entire agreement between the parties in relation to any Advertising and supersedes all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such Advertising.

4. SUBMISSION OF ADVERTISING: If submitting any Advertisements, the Customer must comply with the submission requirements and deadlines set out on the EDUVAC website, or otherwise notified to the Customer by EDUVAC. EDUVAC will not be obliged to accept any Advertisement for publication, which has not been submitted in this manner.

5. PUBLICATION: 

(a) Subject to these Terms and Conditions, EDUVAC will use its reasonable endeavours to publish Advertisements submitted by Customers in the format submitted by the Customer and in accordance with the placement instructions of the Customer. 

(b) EDUVAC will publish classified Advertisements under the classification heading that it reasonably believes is most appropriate. 

(c) Without limiting the above, if EDUVAC, in its sole discretion, believes that the placement instructions of the Customer for an Advertisement are inappropriate for any reason, EDUVAC may offer the Customer alternate placements. If the Customer does not accept the alternate placements, clause 9(c) will apply. 

(d) We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked. 

(e) All creative submissions are subject to reasonable approval by EDUVAC. EDUVAC may require that material is corrected or amended to conform to style, or for other genuine reasons. 

(f) The positioning or placing of material within the electronic database is at EDUVAC’s discretion except where specifically agreed in writing. 

(g) EDUVAC may take orders for advertising material in specific placements. Placements may be used only by the Customer for advertising of the Customer’s usual business and may not be transferred by the Customer to another person. 

(h) Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Customer. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking. 

(i) The Customer must tell EDUVAC as soon as possible if there is an error or omission in an material the Customer has placed.

6. CANCELLATION: The cancellation by the Customer of any Banner Advertising or Online Advertising for which a booking has been completed in accordance with clause 4, must be in writing. Upon cancellation, the Customer agrees to pay EDUVAC the following cancellation fees: 

(a) if cancellation occurs 28 days or less but more than 10 working days before the Advertisement goes live, a sum equivalent to 50% of the total booking cost; 

(b) if cancellation occurs 10 days or less but more than 5 working days before the Advertisement goes live, a sum equivalent to 75% of the total booking cost; 

(c) if cancellation occurs 5 working days or less before the Advertisement goes live, a sum equivalent to 100% of the total booking cost; and 

(d) if cancellation occurs at any time after the Advertisement goes live, a sum equivalent to 100% of the total booking cost.

7. CUSTOMER UNDERTAKINGS: In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Customer’s express warranty, the truth of which is essential: 

(a) 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 moral property rights. 

that breaches any provision of any statute, regulation, by-law or other rule or law, including laws relating to anti-discrimination, political publication, publication of court or tribunal materials, and 

(b) That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand, and 

(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.

8. INDEMNITY: By submitting or authorising submission of an Advertisement for publication or Advertising, the Customer indemnifies EDUVAC (and its employees, officers and agents) against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by EDUVAC (and/or its employees, officers and agents) in connection with the Advertisement or any Advertising. The Customer further agrees to indemnify EDUVAC from any costs incurred in making any corrections or amendments in accordance with the terms that follow.

9. EDUVAC RIGHTS: EDUVAC may in its absolute discretion: 

(a) without notice to the Customer alter or abbreviate any Advertisement or insert the word “Advertisement” above or below any Advertisement which in EDUVAC’s opinion resembles editorial matter; 

(b) monitor incoming calls for training purposes; 

(c) at any time and without notice to the Customer cancel, reject or refuse to publish or continue publishing any Advertisement without providing any reason for such rejection or refusal at any time prior to, or after, publication of the Advertisement, provided this right will not be unreasonably exercised; 

(d) the Customer agrees that any personal information about internet users that is obtained by EDUVAC as a result of internet users EDUVAC’s content pages will only be made available to the Customer if to do so would not breach EDUVAC’s obligations to its customers which are set out in any other agreement. 

10. NO GUARANTEE OR WARRANTIES: Online Advertising will be published via internet accessible Advertisement serving software (“Software”). EDUVAC makes no warranties of any kind, whether express or implied of the fitness of this Software for a particular purpose. EDUVAC shall not be liable for any loss, damage, or expense incurred in connection with EDUVAC’s use of the Software, including without limitation, for any technical malfunction, computer error or loss of data or other injury, damage or disruption of any kind other than as a result of EDUVAC’s gross negligence or fraud.

11. CREDIT TERMS APPLY: The Customer acknowledges that any credit provided will be on EDUVAC’s then standard credit terms which may vary from time to time. New customers will be required to complete a Credit Application.

12. GST: Unless otherwise stated by EDUVAC, advertising rates are quoted exclusive of GST and the Customer will pay GST in addition to such rates. Advertising placed by Customers who are 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.

13. PAYMENT: The Customer must pay EDUVAC for Advertisements: 

(a) in accordance with the rates set out in the relevant rate cards (which may be varied at any time by EDUVAC without notice) unless otherwise agreed in writing by EDUVAC; 

(b) by prepayment, if so required by EDUVAC; 

(c) if payment is agreed by EDUVAC to be on account, on the credit terms supplied by EDUVAC to the Customer; and 

(d) on the basis of booked space or advertising material (whichever is larger) provided that if the actual space is reduced, EDUVAC will not be liable to the Customer for any credit for such reduction. 

14. REFUNDS: EDUVAC does not offer refunds for advertising paid for and booked on this website. However, if you feel that you have been wrongly charged, you can contact EDUVAC directly, along with supporting evidence using the contact details here.

15. PRODUCTION SERVICES: If the Customer requires any creative, production, programming, or other services (“Production Services”) from EDUVAC, the Customer must pay EDUVAC additional charges for such services, as notified in writing to the Customer by EDUVAC at the time (or shortly after) the Customer requests the Production Services. EDUVAC may charge the Customer for these Production Services on a case by case basis.

16. FAILURE TO PAY: If any payment is not received by EDUVAC on or before the date that such payment is due, or if the Customer commits an act of bankruptcy (in the case of an individual), or is unable to pay its debts as and when they fall due, enters into any arrangement with its creditors other than in the ordinary course of business, passes a resolution for administration, winding up or liquidation (other than for the purposes of re-organisation or reconstruction), has a receiver, manager, liquidator or administrator appointed to any of its property or assets or any petition is presented for its winding up (all in the case of a body corporate), EDUVAC may: 

(a) cancel any provision of credit to the Customer; 

(b) immediately and without notice, suspend or cancel all Advertising orders of the Customer and terminate any agreement in relation to Advertising not yet published; 

(c) require cash pre-payment for any further Advertising; 

(d) impose interest at the rate of 5% (five per cent) above the BNZ’s Overdraft Rate on all sums that remain unpaid until full payment is received; 

(e) take proceedings against the Customer for any outstanding amounts; 

(f) recover from the Customer all costs incurred by EDUVAC in the recovery of any amount owed by the Customer including any mercantile agency costs and legal costs on a full indemnity basis; and 

(g) exercise any other rights at law.

17. LIABILITY: 

(a) Except as expressly provided in these Terms and Conditions, EDUVAC excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. Where EDUVAC is liable to a Customer for a breach of implied warranty or condition that may not be excluded, with respect to the supply of services under these Terms and Conditions, EDUVAC’s liability will, to the extent permitted by law, be limited to any one or more of the following (at EDUVAC’s option):(A) the supplying of the services again; or(B) the payment of the cost of having the services supplied again. 

(b) In no circumstances will EDUVAC (its employees, officers or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special or exemplary damage suffered by the Customer or any other person, even if such loss or damages are foreseeable and whether or not EDUVAC had been advised of the possibility thereof. 

(c) The liability of EDUVAC (including EDUVAC’s officers, employees and agents) to the Customer, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or Advertisements (including from any errors or inaccuracies however caused, whether by negligence, system, software or press failure, mistake, mis-classifications, early, late or non-insertion of Advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant Advertisement, provided that if the Customer does not advise EDUVAC of any error within five days of publication of the Advertisement EDUVAC will have no liability whatsoever. 

(d) EDUVAC will not be liable to the Customer or any other person for any loss of whatever kind suffered as a result of Other Advertising, or an Advertisement not being available for publication or not published where such loss arises from any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of EDUVAC’s operation or network, any technical malfunction, computer error or loss of data will be deemed to be an event beyond EDUVAC’s control. Should such an event occur, EDUVAC will take responsibility to resurrect sites and links, and the Customer has the right to cancel the particular contract for the affected advertising at no penalty if such an occurrence results in the site being down for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays). In addition, EDUVAC will not be liable to the Customer for any error or inaccuracy in Advertisements placed by telephone. 

(e) The guarantees contained in the Consumer Guarantees Act 1993 are expressly excluded where the Customer acquires or holds itself out as acquiring goods or services from EDUVAC for the purposes of a business. The provisions of that Act do not apply to the goods or services provided under this Agreement or under any other written agreement the Customer may have with EDUVAC.

18. RETURN OF ADVERTISING MATERIAL: If the Customer requests the return of any material submitted to EDUVAC in relation to Advertising (“Advertising Material”), the Customer must collect Advertising Material submitted to EDUVAC immediately after publication. EDUVAC will endeavour to take reasonable care of Advertising Material in its custody and control, but will not be responsible for any loss or damage to Advertising Material (even if caused by EDUVAC’s (its employees’, officers’ or agents’) negligence).

19. NO WAIVER: If at any time EDUVAC does not enforce any of these terms and conditions or grants the Customer time or other indulgence, EDUVAC shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.

20. ASSIGNMENT: The Customer may not: 

(a) assign any of its rights under any agreement or any part of an agreement to which these Terms and Conditions apply (including the rights to advertising space allocated in accordance with such an agreement) to any third party; or 

(b) place Advertisements (whether directly or indirectly) on behalf of third party advertiser(s) (whether as an agent or otherwise), except on terms previously agreed with EDUVAC. Advertisements are placed by a Customer on behalf of a third party advertiser where, for example (but without limitation), the Advertisement promotes or otherwise notifies readers as to the goods or services of the third party advertiser rather than the Customer. 

21. GOVERNING LAW: These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.

22. SEVERABILITY: If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.

23. ADDITIONAL TERMS: In addition to these Terms and Conditions the Customer acknowledges 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 any specific conditions notified to the Customer or generally published by EDUVAC from time to time on the EDUVAC website. 

24. AMENDMENT: EDUVAC may vary these Terms and Conditions at any time in its sole discretion, provided that: 

(a) such amended terms will not affect prior agreed Advertising orders with a date of publication within 3 months from the date of the variation; and 

(b) if the Customer does not agree with a variation the Customer may cease placing orders with EDUVAC.