Terms of Trade

Last updated on 01.01.2024 – Terms of Trade

1. APPLICATION

All contracts and services for the creation of media and content (“the Content”) between Marlborough Media (“Us/We”) and the applicant, user of this website, or any party receiving an invoice subject to these terms from us for the content (“you”) will be governed by these terms of trade subject to any other special terms that may be notified to you relating to a particular supply.

2. PRICES AND PAYMENT

2.1 Unless stated otherwise, all quotes and prices are exclusive of GST which will be added where applicable and is payable by you.

2.2 Unless otherwise agreed in writing:

• All additional work including, but not limited to, editing, stand-by hours, travel costs and so on, will be charged at base rate that was agreed between the parties;

• Any quoted price is subject to variation and may be increased if we incur an increase in costs due to damaged equipment, change of scope or as a result of increases in the cost of materials and labour beyond our control.

• All services are payable on confirmation of the order with the remaining amount outstanding (e.g. consumables) payable on completion of order.

All invoices must be paid prior to engaging in any work or, if agreed otherwise by the 20th or the month following the date of invoice.

2.3 Without prejudice to any other rights of action, if you fail to pay in full by the due date we may:

• Charge you interest at 10% per month calculated on a daily basis from the due date to the date of payment

• Cancel or withhold supply of further work, services or orders.
• We keep the rights to all media content produced.

2.4 All payments shall be made free from exchange or deduction to our office or bank account as notified on our invoices.

2.5 All costs and expenses (including full legal fees and commissions payable by us) incurred in obtaining payment of any overdue account, are payable by you.

2.6 Any dispute regarding payment must be notified to us in writing within 7 days of delivery of the content or the date of issue of the tax invoice whichever is the sooner.

3. RETENTION OF TITLE

3.1 Ownership and copyright of the content produced remains with us.

• You hold the content as a fiduciary for us and will deal with them as our agent (but you may not hold yourself out as such to third parties)

• You are prohibited from selling or otherwise distributing the content outside of the scope of the agreement. The ownership for the final production as finished output will be shared with you and after payment you have full rights to display this content in a manner you see fit.
• You are not allowed to modify, alter or reconstruct any of the footage provided for other purposes unless specifically agreed by both parties.

• You indemnify us against all costs and expenses associated with our services, and against any claim including for any damage, injury or loss whatsoever suffered by any other person arising out of the services provided by us.

4. RISK AND DELIVERY

4.1 Delivery occurs when the content is made available to our client (you) at our premises for pick up, or our nominated carrier delivers the content to your nominated address. We are not liable to you for failure to deliver content where the failure arises from or, as a result of circumstances outside our control and delay in delivery does not entitle you to cancel any services or refuse to accept delivery of the content.

Unless otherwise agreed in writing with you, from the time the content is picked up from our premise, risk of any loss or damage to the content from whatever cause lies with you and you are solely responsible for arranging insurance for content dispatched.

4.2 If any content is damaged or destroyed prior to ownership passing to you, without prejudice to any of our other rights, we are entitled to all insurance proceeds payable for the content and production of this contract is sufficient evidence of our right to receive those insurance proceeds without the need for any person to make further enquiries.

5. WARRANTY AND LIMIT OF LIABILITY

5.1 We will not be liable to you:

• Where you have altered, modified or mis-applied the content produced from our services or subjected them to any non-recommended use, servicing or handling, or failed to comply with any written terms;

• For any indirect or consequential loss including any loss of profits or any loss caused by factors beyond our control;

• For any other loss that is not notified to us within 2 working days of delivery of the content;

5.2 In any event, our liability (whether in contract, tort or otherwise) for any loss, damage or injury whatsoever shall be limited to, in our discretion, the replacement or repair of the content or the purchase price of the services in respect of which the loss or damage is claimed.

6. CANCELLATION

6.1 You may not cancel an order for our services without our written consent. We may retain any deposit paid.

6.2 We may cancel an order that is impractical, or not cost efficient for us to supply or if we believe, in our opinion, that there is risk that you are not solvent.

7. LIENS

7.1 All content delivered to us or in our possession for may be retained by us until our services have been paid for in full. Where we retain a lien over your content, and you are more than 90 days overdue with payment, we may sell and redistribute that content on terms we think fit and apply the proceeds to the amounts owing to us.

8. APPLICABLE LAW

8.1 The law and the jurisdiction of this contract shall be that of New Zealand.

9. CREDIT INFORMATION

9.1 You irrevocably authorise us to collect, retain and use personal information about you or the persons named in the application form for the purpose of assessing creditworthiness, maintaining effective customer and credit records, administering and financing, whether directly or indirectly, your contracts and enforcing our rights. You irrevocably authorise any person or company to provide any information to us for these purposes.

9.2 You further irrevocably authorise us to disclose to any person or company any information regarding any dealing between us. You have the right to access and request correction of personal information held by us.

10. PERSONAL PROPERTY SECURITY ACT 1999 (“PPSA”)

10.1 To the extent permitted by law, you agree that we contract out of Sections 114(1)(a), 133 and the Purchaser’s rights referred to in Sections 107(2)(c), (d), (e), (h) and (i) of the PPSA. This means that until ownership of the content passes to you, you waive your rights under the PPSA to:

• Receive a copy of any verification statement or financing change statement,

• Receive notice that we intend to sell the content(s) or retain them to enforce our security,

• Redeem the content or object to our proposal to retain content in satisfaction of any obligation owed to us

• Receive a statement of account on the sale of the content (although you are entitled to have any surplus funds returned to you)

• Where the content become an accession, as defined in the PPSA, receive notice of the removal of the accession and not have content damaged by that removal;

And you must not give us, or allow any other person to give us, written demand to register a financing change statement or allow any person to register a financing change statement.

10.2 You acknowledge that by signing these terms, or being referred through them on our invoice, email or prior to our contract, you grant us a security interest in our content and any proceeds of that content on every supply made to you, and you will enter into any further documents or provide further information necessary for us to register a financing statement protecting our interests.

Terms and Conditions

Last updated on 01.01.2024 – Terms and conditions

Welcome to Marlborough Media!

These terms and conditions outline the rules and regulations for the use of Marlborough Media’s Website, located at https://marlboroughmedia.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Marlborough Media if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Marlborough Media, you agreed to use cookies in agreement with the Marlborough Media’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Marlborough Media and/or its licensors own the intellectual property rights for all material produced, published and displayed by Marlborough Media. All intellectual property rights are reserved.

You must not:

Republish material from Marlborough Media

Sell, rent or sub-license material from Marlborough Media

Reproduce, duplicate or copy material from Marlborough Media

Redistribute content from Marlborough Media

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Marlborough Media does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Marlborough Media, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Marlborough Media shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Marlborough Media reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Marlborough Media a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;

dot.com community sites;

associations or other groups representing charities;

online directory distributors;

internet portals;

accounting, law and consulting firms; and

educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Marlborough Media; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Marlborough Media. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or

By use of the uniform resource locator being linked to; or

By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Marlborough Media logo or other artwork will be allowed for linking absent a trademark license agreement. This also implies for brands owned by Marlborough Media.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read our Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.