Terms and Conditions
1. Our Advertising Services
- Our Terms of Business apply when we provide advertising services. In these terms, we have used “we” for Rawstyle Marketing Ltd and any other, “you” for our advertising client and “advertising services” for everything we do in connection with providing advertising placements on search engines and .
- We are continually enhancing our range of online advertising services to help you successfully promote your business. See our web site at rawstylemarketing.com, or call us on 09 889 2919, for details of the services available to you.
2. Ordering Advertising Services
- We will require a signed, written Advertising Order from you (or other authorisation agreed by us) before we will provide any advertising service. We will assume the person signing an Advertising Order or providing other authorisation has your authority to place the order. We reserve the right not to accept any order.
- We need to accept your order before any advertising campaigns may commence but order forms may be received at any time.
3. Advertising Material
- If you provide us with material to reproduce in an advertisement, the quality of the reproduction will always be determined by the quality of the material provided. Generally a copy is inferior to an original, so we recommend that you provide a professionally created original to our specifications.
- We can help create advertising material for you. This material may be created by us or by a third party. You agree that we will own the intellectual property in whatever is produced. You may not use such advertising material or permit such advertising material to be used without our prior written consent.
- You agree that we may, in our sole discretion and at no extra cost to you, publish or display advertising material relating to your business in directories, search engines and distributed media that are not referenced in your Advertising Order.
- We do not guarantee any particular placement on any page in any directory or other product.
4. Suspension or Restriction of Services
- We do not guarantee that any service we provide will be continuous or fault-free. We may suspend, restrict or alter any advertising service at any time if we think it reasonable or necessary. Normal charges continue to apply during any suspension or restriction or if there is an alteration.
5. Our General Rights and Responsibilities
- We agree to:
- respond promptly to your enquiries;
- provide our advertising services as set out in the Advertising Schedule we send you;
- do our best to keep you informed about the features of our advertising services as we introduce or improve them;
- provide clear explanations of our charges and billing; and
- continue to promote our products to encourage people to use them.
- We may show you estimated projected returns from your advertising, however we do not guarantee the accuracy of these projections and we will not be liable in the event that actual returns do not match projected returns.
6. Your General Responsibilities
- So that we can meet our responsibilities, you agree to:
- provide all material we require from you promptly, and always by the last date we nominate;
- 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;
- comply with the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992, the Financial Advisers Act 2008, all other applicable laws and any relevant Advertising Codes of Practice;
- never make inappropriate use of information provided to you by users of our products (e.g. for unauthorized direct marketing) or breach anyone’s legal rights (e.g. intellectual property rights, contractual rights or rights to privacy).
- You must compensate us and all other associated companies, as determined by us, for any loss any of us suffers, and indemnify each of us against any liability any of us incurs, resulting from the provision of advertising services for you, or you not meeting your legal responsibilities to any of us or to anyone else.
7. Automatic Renewal
- We may continue an advertising campaign indefinitely, unless you cancel it in accordance with clause 8 below.
- Our charge for an advertising service in the second and subsequent years may be different from the previous year’s charge.
8. Cancelling your Advertising Order, or our Advertising Services
- You may cancel any Advertising Order, or advertisement, so long as you do so in writing by the cancellation date set out in the Advertising Schedule.
- We may charge you for any creative work we have already done at your request up to the date we receive your written cancellation.
- Any cancellation we receive after the cancellation date for a printed directory (even if we receive it before the publishing deadline) will not take effect for the next period (as defined by the Advertising Schedule) but will take effect for the subsequent period instead.
- Where we receive a cancellation notice after the cancellation date, we may charge you the full price of any advertising to which that cancellation notice relates.
- You may cancel an existing advertising campaign by giving us written cancellation notice at any time. We will delete it as soon as is reasonably practicable. Any separate charge for the advertisement will stop from the end of the billing period in which we receive the written cancellation (unless the advertisement was ordered for a minimum period, in which case you will be billed for the charges for the remainder of the minimum period).
9. Paying for our Advertising Services
- You may pay us by either credit card payment or bank deposit (details for both are provided on the Order Form. Where payment is made by credit card, we will take your details over the phone and never ask that you email them through to us.
- You must pay the full amount of our charges for the advertising services we provide to you (as specified in the Advertising Schedule), regardless of whether your business has been sold or closed.
- The charges for our advertising services will be included on your Rawstyle Marketing bill.
- Each bill will tell you the due date for payment. Please let us know before the due date if there is a mistake in your bill.
- We may at any time require you to:
- satisfy us that you will be able to pay our charges; and/or
- provide payment security.
10. Late Payment
If you do not pay our charges by the due date shown on your bill:
- your credit rating may be adversely affected;
- we may charge you interest on the unpaid amount from that date until you pay it at the interest rate we set from time to time;
- where more than one instalment of your bill is overdue, we may, at our discretion, require you to pay all overdue instalments in one payment;
- we may require you to pay any costs we incur internally or pay to 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; and
- we may withhold, suspend or restrict any advertising services we provide to you.
11. Use of our Trade Marks
We may include, at our discretion, trade marks and copyright notices in all products in which your advertisements are published. This does not mean we endorse you or your products or services.
12. Your Dealings with Users of our Products
- We are not your agent and are not involved, on behalf of either you or users of our products or services, in any dealings resulting from use of our advertising products. You must communicate and deal with users directly to complete transactions or resolve any problems arising from them.
- You have sole responsibility for any risks associated with your dealings with users.
13. Syndication Activities
- 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 (such as third party user feedback and reviews). 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.
14. Consumer Guarantees Act 1993
- You agree that you are acquiring our advertising services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any advertising service we agree to provide for you. (The Consumer Guarantees Act may not be applicable, in any event, to advertising services we provide.)
- Clause 16(a) does not apply where the advertising service that we are providing to you is part of a residential customer listing.
15. Disputes Resolution
- If you think that we have not met a responsibility we have to you, you must give us notice in writing.
- Where you believe we have made a mistake in your advertising you must notify us within three months of the date at which we started to deliver the relevant advertising service. For all other disputes you must notify us immediately when you become aware of the issue in question.
- If we have agreed to set up a campaign for you and we make a mistake, where possible, we will use our reasonable endeavours to correct the mistake.
- If we find that we have not met any other responsibility we have to you, we will discuss with you the various ways we can help you. We do not provide refunds though if we are at fault, we may give you a credit to your Rawstyle Marketing bill for an amount we think is appropriate or, at our option, non-monetary assistance.
- The credit or alternative non-monetary assistance is available only once for mistakes relating to a particular advertisement and its value is limited to a maximum of our charge to you for providing the particular advertising service.
- No credit is available for online directory mistakes, as we can fix those promptly.
- In no circumstances will we be liable to you for any loss of profit missed opportunity, wasted expenditure or any other form of indirect damages or consequential loss.
- If, after discussing the issue with you, we consider that we have met our responsibilities, we will explain in writing why we consider this is so. You must still pay any outstanding charges by the due date.
16. Exclusion of Liability
- Subject to clause 15, we exclude all liability we may have to you. This exclusion also applies for the benefit of Rawstyle Marketing and all officers, employees, contractors and agents of Rawstyle Marketing. None of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with any of us.
- The exclusion in this clause 16 applies whatever you are claiming for and however the liability arises or might arise if it were not for this clause.
17. 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 advertising services for you.
- 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 other Rawstyle Marketing Group companies, with our officers, employees, contractors, partners, joint ventures, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover and report on money you owe and keep you informed of services available to you.
- Credit reporters may include credit checks and any defaults in payment to Yellow Pages Group in their databases and share this information with others who wish to conduct credit checks on you.
18. Passwords and PIN numbers
You are responsible for keeping confidential any PIN number or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your billing account number, PIN number or password).
19. Additional Content
- 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 (Additional Content).
- We will only use Additional Content for the purpose of providing advertising services to you.
- We are not responsible for the currency or accuracy of Additional Content.
- You must notify us if Additional Content is inaccurate or is out of date.
- You warrant that Additional Content complies with all relevant laws.
- You warrant that Additional Content is free of worms, viruses and other disabling devices.
- You warrant that you or your licensors own all intellectual property rights in the Additional Content and the use of Additional Content does not violate the rights of any other person.
- You grant us a non-exclusive, irrevocable, royalty free licence to use, reproduce, modify, adapt, communicate to the public and sub-licence the Additional Content for the purposes of providing advertising services in any directory, product, service, site, application or marketing material provided or used by us or by a third party to whom we syndicate, distribute or otherwise make available the Additional Content.
- You agree that we own all intellectual property rights in any advertising material created by modifying, amending, adapting or otherwise dealing with the Additional Content and that you may not use such advertising material or permit such advertising material to be used without our prior written consent.
- You acknowledge that we do not verify or ratify Additional Content and you agree that you bear all risks associated with Additional Content.
20. Presentation and Appearance
- End-users may access your online advertising via different sites, services, applications, technologies and devices. The presentation, appearance and functionality of your advertising on those sites, services, applications, technologies and devices 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 online advertising will be presented to end-users or that all features of your advertising will be accessible by end-users via all sites, services, applications and devices.
21. Transfer Of Rights And Responsibilities
- You may transfer all (but not part of) your rights and responsibilities under any agreement you have with us to someone else so long as we have received the transferee’s written acceptance of responsibility and given you our written consent.
22. New Zealand Law Applies
All our advertising services are provided in New Zealand and under New Zealand law. You may take legal action against us only in a New Zealand court.
23. Sending Bills and Notices
- We may send you bills and notices to either the last postal address, last fax number or last email address you have given us. Please advise us straight away if any of your contact details change. You may send us notices by post to any Rawstyle Marketing office or by email to: email@example.com
- Both you and we can assume that any bill or notice sent by mail has been delivered 3 days after it is posted. Any notice given by email is delivered when transmission is successfully completed if that is before 5 p.m. on a weekday or, if not, then on the next weekday.
24. Changing Our Terms Of Business
- We may change these terms, by changing or removing existing terms or adding new ones, at any time. The current version of Our Terms of Business is set out on our web site at rawstylemarketing.com. Any change we make applies from the date we publish it on our web site. Our Terms of Business are also set out on the back of all printed Advertising Order forms, but please check our web site for the latest version.
- Any other change to Our Terms of Business in a particular agreement is effective only if signed by the Chief Executive Officer of Rawstyle Marketing Ltd.
Under Our Terms of Business we may charge interest on any unpaid amount from the due date for payment until the date payment is made in full. Interest will be calculated and charged monthly and will be payable as soon as it is charged. The current monthly interest rate is 1.66%.