Terms of business

1. Our advertising services

Our Terms of Business apply when we provide advertising services. In these terms, we have used "we" for Employers Guide Limited and "you" for our advertising customer and "advertising services" for everything we do in connection with publishing advertisements on our website and 0900 number service.

We are continually enhancing our range of advertising services to help you successfully promote your business. See our web site at http://www.employersguide.co.nz, or call us on (021) 877 397, for details of the services available to you.

2. Ordering advertising services

We may require a signed, written Advertising Order from you before we will provide any advertising service. We may assume the person signing an order has your authority to place the order. We reserve the right not to accept any order. Advertising orders for our website can be made at any time.

We will normally send you an Advertising Agreement indicating acceptance of your order.

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. When we do this, you agree that we will own the copyright in whatever is produced.

3. Our general rights and responsibilities

We agree to:

- respond promptly to your enquiries;
- provide our advertising services as set out in the Advertising Agreement 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 procedures;
- continue to promote our website and 0900 number service to encourage people to use them.

4. Your general responsibilities

So that we can meet our responsibilities, you in turn 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, all other applicable laws and any relevant Advertising Codes of Practice;
- never make inappropriate use of information provided to you by users of our website and 0900 number service (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 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.

5. Automatic renewal

Consistency between our website and 0900 number service is important for users and advertisers. We may change our charges at any time. Our charge for an advertising service in our website and 0900 number service in the second and subsequent years may be different from the previous year's charge.

6. Cancelling your advertising order, or our advertising services

You may cancel any Advertising Order, or any existing website or 0900 number service, so long as you do so in writing. We may charge you for any creative work we have already done at your request up to the date we receive your written cancellation. We will delete it as soon as is reasonably practicable. Any separate charge for the website or 0900 number service will stop from the end of the billing period in which we receive the written cancellation.

Website advertisements lapse if not renewed. We will normally send you a fresh Advertising Order form with your existing details already set out, as a reminder.

7. Paying for our advertising services

You must pay our charges for the advertising services we provide for you, regardless of whether your business has been sold or closed before we provide them. Charges for advertising services provided in our 0900 number service are billed annually and for advertising services only provided electronically are billed monthly.

If you do not pay our charges by the due date shown on your bill:

- 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 (which can be viewed on our web site at http://www.nationalbank.co.nz);
- 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 you.

We may at any time require you to:
- satisfy us that you will be able to pay our charges; and
- give us a fair bond, guarantee or other security.

8. Our right to withhold, suspend, restrict or terminate services

We reserve the right to withdraw or terminate any advertising service at any time. Some types of advertising services (for example, web site banners and headlines) are suitable only for our website. We may also withhold, suspend, restrict or terminate any advertising service at any time if you do not meet a responsibility of yours under this agreement or we consider your Advertising Order is unauthorised or we consider you to be a credit risk.

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 the standing of our directories in the community. We will try to contact you before doing any of these things.

We do not guarantee any particular placement on our website, nor do we 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.

9. Your dealings with users of our publications

We may include our trademarks and copyright notices on all publications in which we publish your advertisements. This does not mean we endorse you or your products or services. We are not your agent and are not involved, on behalf of either you or users of our publications, in any dealings resulting from use of our website or 0900 number service. 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.

10. 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.

11. 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 with you the various ways we can help you. We may give you either a credit for an amount we think is appropriate or, at our option, non-monetary assistance. No credit is available for electronic advertising mistakes, as we can fix those promptly.

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.

12. Exclusion of liability

We have already set out your rights to compensation if we do not meet our responsibilities to you. We now exclude all other liability we may have to you. This exclusion also applies to our officers, employees, contractors and agents. 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. This exclusion applies whatever you are claiming for (including loss of profits or business) and however the liability arises or might arise if it were not for this clause.

13. 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 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.

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 invoice number, PIN number or password).

14. 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.

15. Each term separately binding

If for any reason any term cannot be enforced or relied on by you, us or any of the other people referred to in clause 14, all other terms remain binding.

16. No waiver

No delay or failure to exercise a right under these terms prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applies only to the right and on the occasion specified in the waiver.

17. 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.

18. 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 fax to 021 2911 622 or by email to: mailto:advertising@jamespratt.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 fax or 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.

19. Changing our terms of business

We may change these terms, by changing or removing existing terms or adding new ones, at any time. Any change we make applies from the date one month after we publish it on our web site at http://www.employersguide.co.nz. Any other change to Our Terms of Business in a particular agreement is effective only if signed by the Chief Executive Officer of Employers Guide Limited.

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