MyPages
Terms & Conditions of Trade
1. Definitions & Parties to these Terms & Conditions
“MyPages”, for the purposes of this agreement, shall mean MyPages (2011 ltd) Limited T/A MyPages, any person or entity acting for or on behalf of MyPages (2011) limited T/A MyPages or with the permission or authority of MyPages (2011 ) Limited T/A MyPages. “Customer” shall mean the Customer, Client, person or entity acting for or on behalf of the Customer or with the permission or authority of the Customer as detailed on any quotation, estimate, work authority or notation as provided by MyPages to the Customer. “Guarantor” shall mean any person (or persons), or entity, who agrees to be held liable for the debts incurred by the Customer in the course of business between the Customer and MyPages on a principal debtor basis. “Services” shall mean all services supplied by MyPages to the Customer and includes any recommendations or consultancy advice. “Price” shall mean the price payable for the goods and or service as agreed between MyPages and the Customer in accordance with clause 3 of this contract.
2. Goods & Services
The Goods and Services provided shall be described on our invoices, quotation, and/or Advertising Agreement/Order, or any other such form as provided by MY PAGES (MyPages (2011) Limited T/A MyPages) to the Buyer.
3. Price & Payment
The price shall be at MyPages sole discretion, one or more of the following: (a) The price as quoted by MY PAGES to the Customer. The quoted price shall not alter providing the Customer accepts MyPages quote in writing within seven (7) days. (b) MyPages price as specified on MyPages current price list as when the Advertising Agreement/Order is signed by the Customer. Any change or variation to the Advertising Agreement/Order, at MyPages sole discretion will be charged for at the same rates as per MyPages quoted price. Charges for the variation to the advertisement will be invoiced as a variation to the quotation or Advertising Agreement/Order and shall be payable in accordance with Advertising Agreement/Order or any contract between MyPages and the Customer.
4. Payment Terms
At MyPages sole discretion or as stated on Advertising Agreement/Order:Payments made in full in cleared funds, by Direct Credit, Credit Card in Cash within 7 days of the date of the invoice shall receive a 15% discount as stated on the Advertising Agreement/Order. Payment in full shall be paid on placement and signing of the Advertising Agreement/Order. Payment to approved customers shall be made by instalments in accordance with MyPages payment schedule. (a) Payment shall be made as stated on the Advertising Agreement/Order, invoice or as agreed in writing by MyPages and the Customer. Should no time for payment be stated on the Advertising Agreement/Order or invoice, payment shall be made in full no later than seven(7) days following the end of the month in which the invoice is delivered to the Customer,posted to the Customer’s address or address for notices. Payment is to be in Cash, Cheque,by Credit Card or by direct credit to MY PAGES nominated account. (b) Payment shall not be deemed to have been received unless the payment is made in Cash or cleared funds are deposited in MyPages nominated account. Any other form of payment will not be receipted as paid until the transaction is deemed to be honoured. (c) At MY PAGES sole discretion payment by Bartercard will be accepted on terms and conditions agreed in writing between MyPages and the Customer. GST and other taxes and duties that may apply will be added to the price unless they are expressly included in the price.
5. Acceptance Of Terms Of Trade
Placement of an order to advertise in any MyPages Directory or any other form of advertising medium including the supply of goods to the Customer, shall constitute acceptance of the Terms and Conditions of Trade of MyPages by the Customer. Should more than one Customer enter into this agreement the Customers shall be jointly and severally liable for payment in full of the price. The Terms and Conditions of this agreement can only be amended with the written consent of MyPages and shall be binding on the Customer.In the event that the Customer proposes any change to the structure of the Customers business, a change in shareholding, name, Directors, premises, postal address, registered office or sale of the business, the Customer shall give no less than twenty one (21) days written notice of the proposed change or changes. If any loss is incurred by MyPages the Customer shall be liable for any loss suffered by MyPages due to the Customer not complying with this provision
7. Errors and Omissions
Although care has been taken in preparing the information pages published in MyPages Top of the South Regional Directory and MyPages website www.mypageslive.co.nz, MyPages does not guarantee the accuracy of the publication. MY PAGES cannot be held responsible for any errors and omissions and accepts no responsibility for any loss or any consequential loss by any other party however caused. Under no circumstances shall the liability of MY PAGES exceed the price of the Goods and/or Service. The Customer accepts that any claim will be limited to theamount paid for Goods and/or Service provided by MyPages to the customer.
8. Imagery and Proofing
The Customer acknowledges that exact colour matches are not always possible. MyPages shall use its best endeavours to ensure that colour matches are as close as reasonably possible to the specified colour and upon placing an Advertising/Agreement Order or by giving an instruction to supply ,the Customer agrees that they have given MyPages acceptance of the specified colours as provided in samples or proofs supplied to the customer. The buyer acknowledges that upon a signed acceptance of the Proof and placement of an order, any such order placed is irrevocable. Images provided to MyPages by the Client or the Clients agent, to be included in any works undertaken by MY PAGES on behalf of the Client are to be provided in a resolution of no less than 300dpi. MyPages accepts no responsibility as to the quality of work reproduced from images of less than 300dpi provided by the client. Should the Customer commission MyPages to take photographs to be displayed in the MyPages publication or any other publications, copyright and ownership of the images shall remain with MyPages. The commissioned photographs are not to be reproduced, displayed or publicised in any form without the written consent of MyPages. All Artwork, Designs, Graphics, HTML code, programming and sounds created by MyPages are the property of MyPages and protected under New Zealand Copyright Law. Ownership or licence to use will not pass to the Client until the Clients obligations under this contract are fulfilled as per clause 4. Once an order for advertising or services is placed no order may be withdrawn, revoked or cancelled without MyPages’s written consent.
9. Default and Consequences of Non Payment
If the Customer defaults in payment of any invoice when due, the Customer shall pay all costs and disbursements incurred by MyPages in pursuing the debt including legal costs on a solicitor and own client basis and MyPages collection agency costs or any other related costs of collection. 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 made in favour of MyPages until payment is received in full. MyPages at its sole discretion may suspend or terminate the supply of goods and/or services should the Customer, at any time, be in breach of any obligation to MyPages (including those relating to payment). MyPages will not be liable for any loss or damages the Customer has deemed to have suffered because MyPages has exercised its rights under this clause. If any account remains overdue after thirty (30)days then an amount of $20.00 or 10% of the amount overdue (up to a maximum of $200) whichever is the greater, shall be charged for administration fees and shall become immediately due and payable. Without prejudice to MY PAGES, MY PAGES shall be entitled to cancel all or any part of any supply agreement with the Customer which remains unfilled and all amounts owing to MyPages shall become immediately payable in the event that: (a) any money payable to MyPages becomes overdue for payment, or in MyPages opinion the Customer will be unable to meet its payment obligations as they become due; or (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a Receiver, Liquidator, Manager (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
10. Right of Cancellation
MyPages may on MyPages own volition cancel any contract to which these Terms and Conditions apply at any time by giving written notice to the Customer. On giving notice MyPages shall reimburse the Customer any sums paid in respect of the price. MyPages shall not be liable for any damages or losses arising from such cancellation. Should the Customer cancel any contract or agreement with MyPages the Customer shall be liable for any losses incurred by MyPages up to the time of cancellation.
11. Security Agreement
Despite anything to the contrary contained in these Terms and Conditions or any other rightswhich MyPages May have: (a) Where the Customer and/or the Guarantor (if any) is the owner of land, realty, asset or property capable of being charged, the Customer and/or the Customers Guarantor agree tomortgage and/or charge all or any of their joint and/or several interest in the said land,realty, asset or property to MyPages or MyPages nominee to secure all amounts and other monetary obligations due and payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that MyPages (or MyPages nominee) shall be entitled to lodge where appropriate a caveat over the said land, realty asset or property. Once all payments and other monetary obligations payable to MyPageshereunder have been met the caveat shall be removed. (b) The Customer and/or Guarantor shall indemnify MyPages against all MyPages costs, any disbursements and any legal costs incurred on a solicitor client own basis in the event MyPages elect to proceed in any manner in accordance with this clause and/or its sub-clauses. (c) The Customer and/or the Guarantor (if any) agree to irrevocably appoint MyPages nominated attorney as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
12. Privacy Act 1993
The Customer and the Guarantor/s (if separate to the Customer) authorises MyPages to collect, use and retain any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and disclose information about the Customer, whether collected by MyPages from the Customer directly or obtained by MY PAGES from any other party, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer. Where the Customer and/or Guarantors are an individual the authorities under clause 12.1 are authorities or consents for the purposes of the Privacy Act 1993. The Customer grants MyPages the full and unrestricted right to use, reproduce in part or in full any advertisement hosted by MyPages for marketing, promotional and publicity purposes of MyPages products or services. The Customer and/or Guarantors shall have the right to request MyPages for a copy of the information about the Customer and/or Guarantors retained by MyPages and the right to request MyPages to correct any incorrect information about the Customer and/or Guarantors held by MyPages.
13. Resolution of Disputes
All disputes between the Customer and MyPages in any way connected to this agreement that in MyPages opinion cannot satisfactorily resolved shall be referred to arbitration under a single arbitrator agreed to by both parties, or failing to reach agreement, by two arbitrators (one to be appointed by each party) and an umpire (appointed by them prior to arbitration), such arbitration is to be carried out in accordance with provisions and procedures of the Arbitration Act 1996.
15. General
Should any provision of these Terms and Conditions be proven to be unenforceable for any reason the remaining provisions of this agreement shall not be affected or impaired.MyPages shall be under no liability or obligation whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by MyPages of these terms and conditions. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Nelson New Zealand. In the event of any breach of these Terms and Conditions of Trade by MyPages, the Customer shall be limited to damages that under no circumstances shall exceed the contract price for services provided and shall be limited to the amount of money paid to MyPages by the Customer or Customers Agent MyPages may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.MyPages reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which MyPages notifies the Customer of such change.The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979. Neither party shall be liable for any default due to any act of God, war, terrorism, strike,lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either MyPages or the Customer.The failure by MyPages to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect MyPages future right to enforcethat provision Our publication and website contains material, information and comments submitted and created by third parties. They are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our publication and website, or by anyone who may be informed of any of its contents. If you have any concerns about material which appears in our publication please contact us via email info@mypageslive.co.nz or call us on 0508 MYPAGES
16. Copyright and Trademarks
Copyright in the material and trademarks in this publication are licensed to MyPages (2011) Limited unless otherwise indicated Our trademarks MyPages, MyPagesLive are the trademarks of MyPages Ltd and may not be copied without our permission. All rights reserved. MyPages Ltd owns the copyright in this phone book directory. No part may be reproduced with out written permission.
Contact us
MyPages Ltd, PO Box 1942, Nelson 7010
Phone 03 545 6300
Fax 03 545 6313
Email info@mypageslive.co.nz