Terms and Conditions

ADVERTISING TERMS AND CONDITIONS

  1. Screen Vistas, its employees, agents and contractors (“Screen Vistas”) will take all reasonable steps to ensure that the Advertising to be screened (“Advertising”) on the screens specified in this agreement which play the Screen Vistas Advertising program (“Screen Vistas Program”) is in accordance with the Agreement entered into between Screen Vistas and the Client/Agency. However, the Client/Agency expressly acknowledges and accepts that booking or production errors may occur and Screen Vistas neither warrants nor represents that the Advertising will be without errors. The Client/Agency expressly agrees that Screen Vistas will not be required to correct any error in the Advertising until the commencement of the next Advertising period.
  2. The positioning of Advertising in the Screen Vistas Program will be at the sole discretion of Screen Vistas. However, Screen Vistas will use its best endeavours to position the Advertising where requested by the Client/ Agency. Special placements are subject to space availability at the time of production.
  3. If Screen Vistas screens Advertising containing an error or fails to play Advertising at all, and for which payment has already been made to Screen Vistas, Screen Vistas may extend the total advertising period to cover for the lost air time, and at it’s sole discretion, provide additional bonus airtime. If the advertising period is time sensitive, Screen Vistas may, at its sole discretion, offer a credit to be used towards future advertising to the Client / Agency.
  4. Unless otherwise agreed in writing between Screen Vistas and the Client/Agency, the Client/Agency agrees to pay to Screen Vistas the charge set out in this booking confirmation monthly on the 20th by Direct Credit/Automatic Payments to the bank account nominated by Screen Vistas.
  5. If the Client/Agency defaults in making any payment, it will:
    • (a) be liable to pay the whole amount then outstanding.
    • (b) pay interest at a rate of 3% above the overdraft rate charged by Screen Vistas principal bankers (plus GST) from the due date until payment is received by Screen Vistas compounding monthly
    • (c) pay any legal costs, (on a solicitor and own client basis) incurred by Screen Vistas as a result of the Client/Agency’s non-payment.
  6. The Client/Agency acknowledges and agrees that the charge set out in the booking confirmation may be varied to include charges and expenses incurred by Screen Vistas in relation to the method of payment by the Client/Agency.
  7. Any Advertising booked by a Client/Agency with Screen Vistas will be subject to all rights, conditions and requirements of this Agreement.
  8. Any Advertising booking made with Screen Vistas will not be binding by Screen Vistas until the Client/Agency and/or product or service to be advertised has been approved by the venue operator. Screen Vistas reserves the right to reject or cancel any Advertising booked at any time in its absolute discretion.
  9. The Client/Agency may cancel a booking by giving Screen Vistas three (3) months written notice of its intention to do so. In the event of cancellation Screen Vistas will be entitled to adjust the charges for the Advertising used to the date of the cancellation according to the charges then applied by Screen Vistas for the Advertising utilised.
  10. The Client/Agency acknowledges and agrees that a charge for Advertising with Screen Vistas will be made, whether used or not, if the booking is not cancelled at least three (3) months prior to the date on which the Advertising is to commence in the manner set out in Clause 9. The Client/Agency undertakes to make full payment for such Advertising on the terms specified in Clause 4.
  11. A Master Copy of the Client’s/Agency’s advertisement will be required no later than 14 days prior to the date on which the Advertising is to commence.
  12. Screen Vistas will take all reasonable care in the storage of Master copies left with it for storage, however no responsibility, or liability is accepted by Screen Vistas for that material.
  13. All material produced in accordance with this agreement is produced exclusively for screening on Screen Vistas operated screens. Reproduction of this material for any purpose whatsoever is prohibited without prior written approval from Screen Vistas. Such reproduction may be approved in certain circumstances on payment of an additional fee to Screen Vistas.
  14. The Client/Agency warrants to Screen Vistas that the Client/Agency is the owner of, and has the right to use, or is duly authorised by the owner to use any business name, trade mark and/or illustrations comprising or forming part of the Advertising provided by it to Screen Vistas and that the Client/Agency is authorised to advertise any business, product or service provided by it to Screen Vistas. The Client/Agency indemnifies Screen Vistas from all actions, claims, costs, demands, damages and liabilities whatsoever arising from the playing of Advertising on the Screen Vistas Program.
  15. The Client/Agency upon submitting material to Screen Vistas for inclusion in the Screen Vistas Program warrants that the contents of the Advertising is true and correct and is in no way misleading or deceptive or likely to mislead or deceive and contains no prohibited or illegal statements. The Client/Agency indemnifies Screen Vistas against all liabilities, claims and proceedings whatsoever arising from the screening of Advertising on the Screen Vistas Program and without limiting the generality of the foregoing, indemnifies Screen Vistas in relation to defamation, injurious falsehood, slander, breach of copyright, infringement of trademarks or names, breach of rights or privacy and any associated legal costs. The Client/Agency warrants that the material complies with all relevant laws and that its screening will not give rise to any rights or liabilities in Screen Vistas, and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of any form of copyright and the provisions of the Fair Trading Act 1986, or any other New Zealand legislation. This warranty is deemed to be given by the Client/Agency with each booking of Advertising provided to Screen Vistas.
  16. This Agreement (which can only be amended in writing) constitutes the entire agreement between the parties and supersedes and replaces any written or oral communications that may have taken place prior to the signing of this Agreement.
  17. This Agreement will be binding upon the parties, their successors and assignees.
  18. This Agreement does not entitle the Advertiser to admission passes to any cinema free of charge.
  19. Changing Our Terms and Conditions. Screen Vistas may change these terms, by changing or removing existing terms or adding new ones, at any time. We will publish the revised Terms and Conditions on our website – we will attempt to notify you of these changes.
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