TERMS OF TRADE
In the undertaking of any business whatsoever with Admarkit Ltd you accept these terms of
engagement, payment terms and representation in full:
Admarkit Ltd, hereafter referred to as 'the agency'
Your company/business, hereafter referred to as 'the client'
1. The agency, in good faith, offers to act as the client's sole marketing partner, offering the full benefit of its experience, expertise and networks. The agency will make every effort to ensure that the client's business is promoted as effectively as possible with due regard to the advertising standards in the market/s within which the client operates.
2. The client agrees to pay the agency for professional time according to the fees in Appendix I (or any modification to these rates agreed in writing).
3. The client agrees to reimburse the agency for miscellaneous disbursements incurred in the carrying out of day to day client business such as photocopying, telephone tolls, postage, travel time and courier charges.
4. The agency agrees to plan, buy, manage and negotiate media advertising for the client as required through their accredited agency network in New Zealand, Australia, Singapore, the United Kingdom, the United States and throughout the world, achieving the best rates, terms and filler/bonus space it is able to. A letter of appointment stating that the client "hereby appoints Admarkit Ltd as our advertising agency to book and plan media on our behalf" may be required.
5. The agency agrees to avoid conflict of interest through not working with any other client that is in direct competition to the client during the term of any agreement or duration of regular work being carried out. Regular work being defined as a minimum of 40 hours per month or NZD $10,000 of media advertising.
6. The agency and the client agree to keep all discussions, documents, arrangements and materials in relation to the development and planning of the client's business, strategy and marketing confidential. These will not be disclosed to any other person except the staff and contractors of the agency or client, unless required to do so by law or unless previously approved by both parties.
7. The client agrees that an invoice will be deemed as fully accepted unless a query is raised within 7 days of receiving. In payment of any invoice, the client warrants they have read and agreed to these terms in full.
8. The client agrees to settle all accounts from the agency promptly on or before the 20th of the month following invoice. Late payment will incur interest at 1.5% per month from the date owing and may be referred to a debt collection agency where it will be subject to an additional 20% collection fee on the balance owing.
9. The agency promises to prepare all advertising, documents and other materials with due care and attention. However errors may at times inadvertently occur. The client agrees to notify the agency immediately upon discovering any error, upon which the agency will make all reasonable attempts to correct the error except where this is impossible due to a campaign having already gone to air, advertisement printed or so forth.
10. The agency will seek prior approval from the client to publish all advertisements and marketing materials in print, web, television or any other form of media. Approval of material may be verbal or in writing or email by any of the staff employed by the client. The client agrees to hold the agency harmless for any error or omission in the preparation of advertising or marketing materials.
11. In the case of design or creative files, the agency provides the client usage rights to the final, produced file only (for example in pdf published form). No rights to working files, originating design files, graphics or fonts are offered and these remain the copyright property of the agency and/or their designer.
12. The agency reserves the right to decline to develop or place advertising or marketing materials where it believes this would breach the advertising standards and ethics that it is required to follow through the ASA or in other advertising networks throughout the world, or where at its discretion it believes would call the agency into disrepute.
13. The client agrees that where prior approval from TAPS, TGA, CAP, FDA or any other regulatory body (or their equivalents in other markets in which the client operates) is required for advertising or marketing materials, the agency will have the right to seek prior approval from these organizations before placement of any advertising for the client. The client agrees to incur all costs of such review and approval by these organizations.
14. The client agrees to indemnify and hold the agency harmless with respect to any claims, loss, liability, damage or judgment suffered by the agency, including any legal fees and court costs, which results from the use by the agency of any material provided by the client or in the representation and management of the client's business and/or account.
15. The term of this appointment will automatically rollover at the same duration when it reaches its end, unless termination notice is given. In the absence of any fixed term, either party may terminate this agency relationship with 60 days written notice.