Acquire Online Online Advertising Terms & Conditions
In these conditions “we”, "our" and "us" are DigiLowCost (Asia Pacific) Limited trading as ‘Acquire Online’, and the employees and agents of Acquire Online, and “Customer” is the person or company booking online advertising for Acquire Online place. “IO” is the signed “Insertion Order” which is a contract between the Customer and Acquire Online, and such signing agrees to the Terms & Conditions outlined on the IO, or by link to the Terms & Conditions outlined on our website acquireonline.co.nz/terms-and-conditions
In accepting any material including electronic material or data for publication, and in placing it we are doing so in consideration of and relying on the Customer’s express warranty, the truth of which is essential:
That the material does not contain anything:
that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986
that is defamatory or indecent or which otherwise offends against generally accepted community standards
that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights
that breaches any right of privacy or confidentiality
that breaches any provision of any statute, regulation, by-law or other rule or law, and
that the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand;
Placement of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.
The Customer agrees to indemnify us against all losses or costs arising directly or indirectly from placement of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
All online advertising material must confer to the Acquire Online advertising specifications supplied or as detailed in the “Ad Specs” tab on our website at www.acquireonline.co.nz/ad-specs. We must receive correct to spec creative material files and information from the Customer in an acceptable form including a click-through URL no later than five (5) working days prior to the commencement of a campaign. This is required so online advertising can be approved for placement by Acquire Online’s network partners Google Bid Manager and MediaMath. We may require that material is corrected or amended to conform to style, or for other genuine reasons advised by Google Bid Manager and/or MediaMath. Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Customer. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the IO booking.
We may refuse to place, or withdraw material without having to give a reason.
We may place the material at a time different from that originally booked if there is an error or delay in placement of the material as booked.
The positioning or placing of any material online is at our discretion except where specifically agreed in writing.
The Customer must tell us as soon as possible if there is an error or omission in any material supplied.
IO’s will outline projected advertising impressions, CTR’s and possibly conversions. Whilst we will do everything possible to achieve these projected metrics, we are not bound to a guarantee to deliver these projected metrics. In the event we reasonably believe that any campaign is underperforming, we may in our discretion, change the placement of material from that specified in the IO provided that it is placed on websites that will optimise the campaign’s performance in relation to projected metrics.
Campaign advertising impressions, CTR’s and possibly conversions will be counted and recognised by Google Bid Manager’s and/or MediaMath’s ad-serving engine. A third party ad serving engine may also be used but its impression count won’t be recognised unless we agree otherwise in writing.
If a campaign is paused for any reason, unless specifically advised otherwise by the client, once the pause requirement is lifted, the remaining IO monies will be reinvested and amortised evenly across the agreed time left to the end of the campaign period as instructed in the IO.
CPA Campaigns (Cost per Acquisition). In order to mutually agree to move to a CPA campaign metric, Acquire Online will require a trial campaign of 2-3 months to be continuously run on a CPC basis. Acquire Online will monitor and report on the campaign, optimising on agreed conversion metrics (e.g. a sale, a completed application form, an enquiry…) The source and definition of conversion metrics (e.g. post view, post click…) will also be agreed prior to the campaign trial period. This data over the trial period will then equip Acquire Online with the necessary information to set a ‘guaranteed dollar CPA’. This figure will be reviewed at an agreed period as the campaign continues to optimise.
Customers are required to pay in full on the 30th of the month following invoice.
The Agency Commission rate is:
5% prompt payment (by the 30th of following month). Failure to pay by 30th of the month following invoicing will result in forfeiture of the 5% prompt payment discount.
Non Agency Clients
Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due daily until the date payment is received at a rate of 2.5% per calendar month and all interest shall compound monthly before and after any judgement until payment is received in full.
Non NZ Resident Customers
All campaigns run for non NZ resident customers will require 100% of campaign monies upfront and received & cleared into our bank account before a campaign can start. This will continue until a trading track record has been established and/or a positive credit check has been received.
Cancellation policy of IO’s
The Customer agrees to the following terms and conditions:
All cancellations must be made in writing to Acquire Online.
If the cancellation is made giving 30 or more days notice the Customer will incur no penalty.
If a cancellation is made giving 8 – 29 days notice, the Customer agrees to pay 50% of the campaign cost.
If a cancellation is made giving 1 – 7 days notice, the Customer agrees to pay 75% of the campaign cost.
If a cancellation is made on or after the campaign commencement date, the Customer agrees to pay 100% of the campaign cost.
Advertising placed by Customers who are not New Zealand residents will be zero-rated for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals.
If payment for advertising is not made by due date the Customer will be liable for interest at market rates and all costs of recovery, commissions and collection fees.
The guarantees contained in the Consumer Guarantees Act 1993 are expressly excluded where the Customer acquires or holds itself out as acquiring goods or services from Acquire Online for the purposes of a business. The provisions of that Act do not apply to the goods or services provided under this Agreement or under any other written
Agreement the Customer may have with Acquire Online.
The Customer acknowledges that it has not relied on any representation made by or on behalf of Acquire Online in connection with the advertising.
We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material placed, or for failure to place, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material placed online.
Customers will indemnify Acquire Online and all its officers and employees, contractors and agents against any costs, expense, losses, damages and liability it suffers or incurs arising from customers in breach of the terms and any negligent or unlawful act or omission of Customer in connection with the advertising.