The CMS Group's Advertising & Translation Terms & Conditions

1. ADVERTISING

The Terms and Conditions herein shall apply to all Advertising purchased by the Client from Construction Marketing Services Limited (CMS) and Productspec Limited (Productspec). This includes but is not limited to, Industry Insider advertorials and banner ads, solus email campaigns, WeChat advertorials, and Productspec advertising.

No booking is confirmed until this Agreement is signed and returned. In doing so both parties to this Agreement acknowledge it is their obligation to comply with the Terms and Conditions of this Agreement as set out below. The rights and obligations of this Agreement are not transferrable by either party.

1.1 Agreement Term

The Term of the Agreement shall commence when the booking form has been signed and returned by the Client and the Agreement shall continue in force until the expiry of the campaign date specified in the quote.
Where the Client is an Agency, the Agency warrants that:
It is contracting with CMS/Productspec as principal notwithstanding that it may be acting as an advertising agency or media buyer or in some other representative capacity;
It is authorised to represent and bind the Advertiser(s) named in the Booking;
The Advertiser(s) agree to be jointly and severally bound by this Agreement.

1.2 Material submitted

All material submissions by or on behalf of the Client, must meet the specifications as advised by CMS/Productspec.
The material must be received, in full and complete, by the deadline time advised by CMS/Productspec to the Client.
Failure to submit content in time will result in the forfeiting of the advertising booking and 100% penalty liability of the related advertising fee of this agreement.
CMS/Productspec shall be under no obligation to provide the client with any alternative advertising options in the case of the Client missing the deadlines for content submissions.
CMS/Productspec shall not be liable for any cost incurred in creating the content required for the client to advertise.
In submitting content for advertising material, the Client is acknowledging that they have full copyright and any other required approval to use any terms, design, imagery or otherwise. The Client is also responsible for ensuring that all material does not contain anything defamatory, obscene, false, or misleading.
CMS/Productspec reserves the right to decline an advertisement from the Client. In such circumstance, written notification shall be provided to the Client with justification.

1.3 Advertising performance

CMS/Productspec does not warrant or make any guarantees as to performance of the campaign.
CMS/Productspec will not be responsible for any performance results of the advertising undertaken under this Agreement.
CMS/Productspec will use reasonable endeavours to avoid conflict in the proximity of transmission and/or publishing of Advertisements featuring competitive products; however, CMS/Productspec are under no obligation to do so.

1.4 Invoicing

Advertising fees will be invoiced one month prior to the timing of the advertising the cost relates to.
All pricing is in New Zealand dollars.
All costs quoted exclude GST.

1.5 Cancellation

Once this Agreement is executed all fees are non-refundable, including for failure to provide information within the advised material submission deadlines.

1.6 Indemnity

In no circumstance shall CMS/Productspec be liable for any error in submitted material whatsoever, whether through its own act or omission (whether negligent or otherwise).
The Client hereby indemnifies CMS/Productspec in respect of any claim, loss, damage or otherwise arising out of any error or omission in the advertising provided.
For the avoidance of doubt, any downtime of the website for regular maintenance, upgrade or otherwise shall not constitute a breach of any obligation under this Agreement.
If CMS/Productspec fails to publish any material whatsoever, and this is not as a result of an influence from the Client, CMS’/Productspec’s liability will be, at its sole discretion, to either: publish the material as soon as is reasonably practicable in the period following the period during which the material was scheduled to feature, or refund to the Client any proportion of monies paid which relates to the advertising not provided.
The Terms and Conditions that relate to the translation of material, set out under The CMS Group Terms and Conditions, 2. Translation Services, shall also apply to WeChat advertorials.

1.7 Confidentiality

Each of the parties shall at all times during the term of this Agreement, and after expiration of this Agreement, keep confidential all confidential information of the other party and, unless required by law, not disclose any confidential information to any other persons other than to its legal or other professional advisors, and not use any confidential information for any purpose other than in connection with the performance of this Agreement. For the avoidance of doubt, this includes fees and methods of operation.
Confidential information does not include information that becomes, or is, public knowledge through no fault of the recipient party or any other person or information that can be shown by the recipient party, to the reasonable satisfaction of the disclosing party, to have been known to the recipient party prior to being disclosed to the recipient party.

2. TRANSLATION SERVICES

Below sets out the Terms and Conditions of the engagement of Productspec Limited to provide marketing document translation services from NZ English to Chinese Mandarin.

Please note, this service is provided for general marketing purposes only. As such, only general product features and benefits are to be translated. All technical information and/or any information required for use with a territorial authority or otherwise, must remain in English.

Any amendments to works required after acceptance of our quote will be subject to additional charges.

2.1 Translation of information including legal clauses

Where a source text includes terms and conditions, contractual details, warnings, exculpatory statements or other similar clauses or any wording of a legal nature including but not limited to warranties, representations, guarantees or limitations of liability, Productspec will endeavour to translate this as accurately as possible (using words as close to the perceived equivalent in Chinese Mandarin) but does not warrant or make any representations as to the effect or validity of the translated text.

2.2 Indemnity

The client indemnifies Productspec for any errors or omissions made in the final translated material supplied by Productspec.
At all times the liability of Productspec shall be limited to the sum which Productspec has been paid to perform this piece of translation work. In no event shall Productspec be liable for any indirect or consequential loss or damages to the Client or any other party.

2.3 Review of material

The client is responsible for obtaining an independent review of the final translated material supplied by Productspec. Productspec will incur no liability for any errors or omissions which the Client fails to detect and clearly mark on the proof for correction.
The quote provided permits one (1) round of changes to the translated material once a draft has been provided by Productspec to the Client. Additional charges shall be applicable for any changes beyond this.

2.4 General

Where the Client is an Agency representing another company, the Agency warrants that:
It is contracting with Productspec as principal notwithstanding that it may be acting as an advertising agency;
It is authorised to represent and bind the company it represents;
In submitting source text for translation, the Client is acknowledging that they have full copyright and any other required approval to use any terms, design, imagery or otherwise. The Client is also responsible for ensuring that all material does not contain anything which is defamatory, obscene, false or misleading.

2.5 Invoicing

The fee for services will be invoiced one month following the submission of the first draft for the Client’s review.
All pricing is in New Zealand dollars.
All costs quoted exclude GST.

2.6 Cancellation

Once this Agreement is executed the quoted fee is non-refundable or transferrable.