1. Our General Rights And Responsibilities.
We agree to:
a. respond promptly to your enquiries;
b. provide our advertising services as set out in the Advertising Schedule we send you;
c. do our best to keep you informed about our products as we introduce or improve them;
d. provide clear explanations of our charges and billing procedures;
e. continue to promote our publications/online services to encourage people to use them.
2. Your General Responsibilities.
You agree to:
a. Keep us informed of any changes or additions to your information such as practice locations, addresses, staff and contact information.
b. provide all material we require from you promptly, and always by the last date we nominate;
c. make sure all material you provide to us is complete and accurate and meets any other quality or procedural requirements we notify you about from time to time. Files supplied contrary to Cervin Media requirements will not be guaranteed for quality.
d. comply with Commonwealth state laws and the Medicines Australia Code of Conduct and all other Australian Advertising laws.
e. never make inappropriate use of information provided to you by publication/online users (e.g for unauthorised direct marketing) or breach anyone’s legal rights (e.g. intellectual property rights, contractual rights or rights to privacy).
f. Indemnify Cervin Media (including its employees and agents) for any liability arising out of or incidental to the publication of your details or content on any of our print or digital products.
3. Ordering Advertising Services.
a. We require an authorised order form from you (or other authorisation agreed by us) before we will provide an advertising service.
b. We may assume the person placing an order has the authority to place the order.
c. We reserve the right not to accept any order. Your order must be received prior to the deadlines we communicate.
4. Paying For Our Advertising Services and Exclusion of Liability
a. All prices are quoted in Australian dollars and are exclusive of GST and agency fees.
b. Charges for advertising will be billed on receipt of your authorised go ahead and are payable 20th of the month following invoice date.
c. If production charges apply we will get your agreement before proceeding. All advertising copy produced for you is the intellectual property of Cervin Media.
d. If you have booked your advertising through an agent you will be liable to us for those advertising charges if the agent does not pay us for any reason (even if you have already paid the agent).
e. If you do not pay our charges by the due date shown on the account we may require you to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis.
f. The customer acknowledges that the price it has agreed to pay for services under this contract reflects the following agreed exclusion of liability and allocation of risk under this agreement. Publisher excludes liability: The publisher (including its employees and agents) excludes any liability for any claim made whatsoever (including negligence) arising in any way out of, or relating to the publication.
g. Cervin Media (including its employees and agents) excludes any liability for any claim made whatsoever (including negligence) arising in any way out of, or relating to any of our print or digital products.
5. Representation in our Products
We may at our discretion include a free representation in any of our print or digital products. The content of such entries maybe obtained from publically available information such as your website or from direct contact with you. It is your responsibility to advise us of changes or corrections to this information. Where such entries are included this is not guaranteed in any way.
6. Presentation, Placement, Appearance and Functionality
a. Unless otherwise stated we do not guarantee any particular placement or ranking on any page in our directories, websites or applications.
b. Cervin Media is not liable for errors or variations in the finished work where such errors or variation were contained in the proof approved by the customer.
c. End-users may access your online representation with us via different sites, services, applications, technologies and devices. The presentation, appearance and functionality of your representation on these may be affected by many factors including the underlying technology and functionality of the device used and the features of the site, service or application. We do not
guarantee how your advertising will be presented to end-users or that all features of your advertising or functionality will be accessible by end-users via all sites, services, applications and devices.
d. You agree that we may syndicate, distribute or otherwise make available some or all of your advertising material to online and mobile sites or applications owned and controlled by us or third parties. You acknowledge that your advertising material may be displayed by us or third parties
together with other content. You agree that we are not responsible for that other content or liable for any loss, damage, claim or demand arising in connection with that syndication.
e. We do not guarantee that listings or profile entries will not be split over pages or columns in our printed directories. The general pagination / layout for our printed products is as follows:
- Depending on where a category starts – some listings will always be placed first, and there after will be spread through out the category / region.
- Display adverts are generally positioned in or along-side the booked region and placed in order of ad size i.e. Double Page Spread, Full Page, Half Page and where applicable Quarter Page.
- Double Page Spread and Full Page customers can pay a premium to request to be the first advertisement within the region for that advertisement size where this is available.
- Where customers book the same ad size, seniority (i.e. year ad size first booked for the defined category/region) will determine the order. Where customers have the same seniority date, the sort criteria will be based on the name of the organisation or individual.
- Where customers increase, decrease or cancel an advertisement size, the customers seniority year is reset, as it relates specifically to the year the advertisement size is booked in a defined category.
- Article pages if purchased in conjunction with a display advert may result in the Article page being placed after the customers display advert. Where an Article page is solely purchased it will be placed at the end of the full display page advertisements.
- Commercial Run of Publication – Full and Half page display advertisements, where requested to be placed in a defined category/region, will be placed after the other applicable
advertisements of the same size.
- Bound Inserts can be placed in the directory within print signatures. Clients can request an approximate position but no precise location can be guaranteed.
- No precise placement can be guaranteed for any advertisement and ultimately placement is at the discretion of Cervin Media.
7. Additional Content
a. Unless notified by you in writing, we may populate any of your advertising with additional content that is sourced directly from you or from your website.
b. We are not responsible for the currency or accuracy of any additional content and you should notify us if any additional content is inaccurate or out of date. Further you acknowledge that we may not verify or ratify additional content with you.
c. You warrant that any additional content complies with all relevant laws, and that you or your licensors own all intellectual property rights in the additional content and the use of your additional content does not violate the rights of any other person.
8. Cancelling Your Advertising Order.
If a cancellation is received after receipt of your authorised order the agreed amount will still be payable in full.
9. Information About You And Your Business.
You agree that we may collect information about you and your business. The information may be obtained from you and others or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However if you do not provide it, we may not be able to provide you with representation in our print and digital products. You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with our officers, employees, contractors, agents, partners and customers, with collection agencies and with credit reference agencies, so as to provide services, information and create products for you and others in a variety of formats (e.g. print, digital) send you bills, recover money you owe and keep you informed of services available.
10. Resolving Disputes.
If you think that we have not met a responsibility we have to you, you must give us notice in writing. If we find that we have not met any responsibility we have to you, we will discuss this with you and propose an agreeable solution. Any credit is available only once for mistakes relating to a particular advertisement and the value is limited to a maximum of our charge to you for providing the particular advertising service.
11. Each Term Separately Binding.
If for any reason any term of this agreement cannot be enforced or relied on all other terms remain binding.
12. No Waiver.
No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applied only to the right and on the occasion specified in the waiver.
13. Sending Notices.
We may send you notices to either the last postal address, last fax number or last email address you have given us. Please advise us straight away if you change any of your contact details. You may send us notices by post to Cervin Media Ltd, PO Box 68450, Newton, Auckland by fax to +64 9 360 8702 or by email to email@example.com Both you and we can assume that any notice sent by mail has been delivered 3 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5pm on a weekday or, if not then on the next weekday.
14. Changing Our Terms of Business.
We may change these terms, by changing or removing existing terms or adding new ones, at any time. Our terms and conditions are set out on the back of all of our invoices plus on our website www.cervinmedia.com.au
15. Our Right to Withhold, Suspend, Restrict or Terminate Services.
We reserve the right to withdraw, suspend, restrict or terminate any advertising service at any time if you do not meet a responsibility of yours under this agreement or if we consider your advertising order is unauthorised. We may edit or refuse to publish, material at any time if we consider it to be unauthorised, in breach of our advertising policy, misleading, offensive, defamatory, illegal or detrimental to our products in our opinion.