1. Our Advertising Services
Our Terms of Business apply when we provide advertising services. In these terms, we have used "we" for Yellow Pages Group Ltd and any other Yellow Pages Group® company involved in publishing directories and other publications, "you" for our advertising customer and "advertising services" for everything we do in connection with publishing listings and advertisements in our printed and electronic directories and other publications.
We are continually enhancing our range of printed and electronic advertising services to help you successfully promote your business. See our web site at yellowpagesgroup.co.nz, or call us on 0800 803 803, for details of the services available to you.
2. White Pages® Listings
Providing a standard listing (name, address and single fixed-line telephone number) for a residential telephone customer in the White pages® in our directories is not an advertising service, so Our Terms of Business do not apply. However, they do apply to listings for residential customers containing other information (such as a mobile number or an email address) and to all business customer listings, as these are advertising services.
3. 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. If you use our Telephone PIN ordering service, we will send you confirmation of your order that only needs to be signed and returned if you require changes to the order. We need to accept your order before our publicly advertised publishing deadline for a printed directory or other publication but advertising orders for our electronic directories can be made at any time.
We will normally send you an Advertising Schedule indicating acceptance of your order. If we do this before the cancellation date for a printed directory or other publication (which is always earlier than the publishing deadline), we will normally attach an artwork proof for you to check whether you want any minor adjustments made. You must advise us in writing (so we know the request is authorised) of any requested adjustments within 7 working days after we send you the proof and we will make the adjustments if practicable. Our rights under clause 9 still apply.
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.
4. 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 procedures;
- continue to promote our directories to encourage people to use them.
5. 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 publications (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 Yellow Pages Group companies 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.
6. Automatic Renewal
Consistency between our electronic and printed publications is important for users and advertisers. We may publish your listing indefinitely in both our electronic directories, our periodically updated printed directories and our other publications, and any advertisement indefinitely in our electronic directories and other publications, unless you cancel it in accordance with clause 7 below. (This does not apply to display advertisements, which must be renewed annually unless we decide otherwise). We may change our charges at any time. Our charge for an advertising service in a printed directory or other publication in the second and subsequent years may be different from the previous year's charge. Our standard charges for some of our advertising services are set out in a document called the Yellow Pages Group List of Charges, which we may change from time to time.
7. Cancelling Your Advertising Order, Or Our Advertising Services
You may cancel any Advertising Order, or any existing printed listing or advertisement, so long as you do so in writing by the cancellation date (which is approximately the same each year) 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 directory but will take effect for the subsequent directory. The same applies to our other printed publications.
Display advertisements lapse if not renewed annually. We will normally send you a fresh Advertising Order form with your existing details already set out, as a reminder. If you do not renew your display advertisement by the cancellation date, your primary listing will remain (as well as any White pages® listing you have).
You may cancel an existing electronic directory listing or advertisement by giving us written cancellation notice at any time. We will delete it as soon as is reasonably practicable. Any separate charge for the electronic listing or advertisement will stop from the end of the billing period in which we receive the written cancellation (unless the electronic listing or advertisement was ordered for a minimum period, in which case you will be billed for the charges for the remainder of the minimum period).
8. 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. The charges for our advertising services may be included on your usual Telecom bill or on your Yellow Pages Group bill. Charges for advertising services provided in printed directories are billed annually and for advertising services only provided electronically are billed monthly (unless otherwise specified in the "List of Billing Periods").
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. 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).
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 yellowpagesgroup.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.
9. Our Right To Withhold, Suspend, Restrict Or Terminate Services
We reserve the right to withdraw or terminate any advertising service at any time; for example, where we withdraw a directory or redefine the geographic region covered by a printed directory. Some types of advertising services (for example, web site banners and headlines) are suitable only for our electronic directories. 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 any page in any directory or other publication, 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.
10. Your Dealings With Users Of Our Publications
We may include our trademarks and copyright notices in all publications in which we publish your listings and 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 printed or electronic publications. 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.
11. Consumer Guarantees Act 1993
Except where the advertising service is part of a residential customer listing, 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.)
12. 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 have agreed to publish a standard business listing for you and we make a mistake in it or omit it from our printed directories, you may claim a credit to your Telecom bill or your Yellow Pages Group bill (at our election) of $100 only. 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 may give you either a credit to your Telecom bill or your Yellow Pages Group bill (at our election) 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 listing or 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 electronic directory 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.
13. 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 for the benefit of every Yellow Pages Group company and all their 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.
14. 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 Yellow Pages 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.
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).
15. 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.
16. 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 13, all other terms remain binding.
17. 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.
18. 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.
19. 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 Yellow Pages Group office, by fax to 0800 225 022 or by email to: advertiser@yellowpagesgroup.co.nz
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.
20. 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 yellowpagesgroup.co.nz. The current version of Our Terms of Business is set out on the back of all printed Advertising Order forms and on our web site at yellowpagesgroup.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 Yellow Pages Group Ltd. TOB-2009/V17
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%.