Terms of Trade
Terms of Trade for Top South Media Marlborough.
This includes the Nelson Weekly, Nelson Magazine, Nelson App, Marlborough Weekly, Marlborough App and Marlborough Magazine.
By placing your advertisement in any one of our publications you agree with these terms and conditions. The term “Us” or “We” or “ Our” refer to the companies Nelson Weekly Ltd and Marlborough App Ltd.
1. PRICE
1.1 Prices quoted are excluding GST unless otherwise stated. The price includes any standard art work the customer requires.
2. PAYMENT
2.1 Unless otherwise agreed, the purchase price shall be paid by the 20th of the month following the month in which the invoice was dated. Payment may be by direct credit, cash or credit card, but use of a credit card will incur a 3% surcharge on the GST inclusive price. Cheques are no longer accepted.
2.2 If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 2.1. Payment of the disputed portion may be withheld provided the matter is brought to The accounts department attention immediately it is discovered and an email setting out the particulars of the dispute is sent to the respective accounts email (accounts@marlboroughmedia.co.nz or accounts@nelsonweekly.co.nz) within seven days of the dispute arising.
2.3 We reserve the right to suspend placing of adverts if the terms of payment are not strictly adhered to by the Customer.
2.4 Interest will be charged on accounts that are more than 90 days overdue at a rate of 15%.
2.5 Any expenses, costs or disbursements incurred in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer. In the event of non-payment we may choose to refer the account to a debt collection agency and add any collection fees charged by the agency onto your account. This includes all costs and commissions paid to a debt recovery service.
3. NEW ACCOUNT
3.1 Use of this account shall constitute acceptance of these terms and conditions.
3.2 By requesting an account you are confirming you have authorization to purchase advertising from us on behalf of your Company.
3.3 The Customer shall not be liable for any indebtedness arising from the fraudulent use of the account provided that the Customer must on discovering the fraudulent use of the account immediately notify the accounts department of such fraudulent use. The burden of proving such use was fraudulent shall lie with the Customer.
4. SERVICE
4.1 We shall provide a proof (except for camera ready artwork) to the customer and provide an opportunity to review and amend the advert. As some publications have weekly deadlines this may require prompt action by the customer. If we do not hear back from the customer by the deadline we assume the advert is correct and it will run in the paper and the customer is liable for the cost.
5. PRIVACY ACT
5.1 The Customer authorises us to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer’s creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with us for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) Marketing goods and services provided to the Customer.
5.2 The Customer, if an individual, has a right of access to information about the Customer held by us. The Customer may request correction of that information and may require that the request be stored with that information. We may charge reasonable costs for providing access to that information.
6. INTELLECTUAL PROPERTY
6.1 Where we have followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify us against all damages, penalties, costs and expenses that we incur or in respect of which we may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
6.2 Should we be required to match any shade or colour, a light and dark tolerance shall be allowed to such an extent as shall be agreed by us and the Customer at the time the standard colour is specified and in the absence of any agreement a reasonable tolerance shall be allowed.
6.3 All design prepared by us is the intellectual property of ours and cannot be copied, altered or distributed without our prior written consent. We will not be liable for any content provided by the customer.
7. GOVERNING LAW
7.1 These terms of trade are governed by the laws of New Zealand.
7.2 We and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.