The CMS Group's Advertising Terms & Conditions

The Terms and Conditions herein shall apply to all Advertising purchased by the Client from Construction Marketing Services Limited (CMS) and Productspec Limited (Productspec).

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.


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.


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 which is 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.


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.


  • 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.


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


  • 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 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.


  • 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.


Privacy Policy 

In the course of operating our website and providing listing and other services, Construction Marketing Services Limited (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).

This Privacy Policy describes the Personal Information collected by us or our website and describes the purposes for which we may use, disclose or hold such Personal Information.

In this Privacy Policy, the following terms will have the following meanings:

“Direct Marketing Information” means marketing or promotional information about our services or products;

“Industry Supplier” means a person who has entered into a listing agreement with us for the supply of listing and other associated services;

“Visitor” means a person that uses or browses our website and who is not a Industry Supplier.

  1. Visitors to our website

1.1 If you are a Visitor, during your visit to our website we will collect statistical data about your visit, such as [the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet.] This information is collected by third party software operating on our website.

1.2 We use and disclose such statistical data for the following purposes:

(a) to measure the effectiveness of listing or other advertising on our website;

(b) to identify user behaviour and industry trends on our website; and

(c) to maintain and optimise the technical performance, operation and security of our website.

1.3 We may disclose such statistical data to others, including Industry Suppliers.

1.4 If you are a Visitor, we will use Personal Information collected by us or our website to send or email Direct Marketing Information to you occasionally, unless you have expressly asked us not to send Direct Marketing Information to you. If you want us to stop sending Direct Marketing Information to you, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.

  1. Industry Suppliers

2.1 If you are an Industry Supplier, during the process of registering as a member of our website or entering into a listing agreement with us you will provide us with Personal Information, for example, email addresses, names, and job titles. We may also collect other Personal Information about you during the course of your relationship with us, either directly from you or from third parties.

2.2 If you do not provide the information requested by us or our website, we may not be able to enter into a listing agreement with you.

2.3 We will use, disclose and hold such Personal Information for the purposes of:

(a) establishing and maintain your registration, your account and/or listings with us;

(b) providing you with listing and other associated services;

(c) contacting you about your registration, your account or the services we provide to you;

(d) arranging billing , payment, credit checks and verifying your identity;

(e) gauging customer satisfaction and providing customer services;

(f) providing technical support and administration;

(g) maintaining our records;

(h) addressing feedback or complaints and resolving disputes; and

(i) sending you Direct Marketing Information.

2.4 If you do not want us to send you any Direct Marketing Information, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe“ facility at the bottom of any Direct Marketing Information email or communication that we send you.

2.5 We may also publish Personal Information collected from you (except for any credit card details) on our website as part of your Listing. You should not submit to us any Personal Information that you do not want published on our website, for example, a home phone number.

  1. Cookies

3.1 Our website may use cookies. “Cookies” are pieces of software that are placed on the computer that you are using to access the internet. Cookies are designed to remember information about your personal preferences for our website. We will only use and disclose such information so that our website will remember you next time you visit and, if you are a Registered Member and have selected this option, to automatically log you in to our website. You can change the settings on your browser to reject some cookies, but this may reduce the functionality of our website.

  1. Disclosing Personal Information to third parties

4.1 We will not sell your Personal Information to direct marketers.

4.2 We will not use your Personal Information, or disclose your Personal Information to third parties, except:

(a) to the extent reasonably necessary to achieve any of the purposes described in clauses 1 or 2; or

(b) where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.

4.3 We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.

  1. Your rights to access and correct Personal Information.

5.1 Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact our Privacy Officer (see clause 10 below) and he/she will tell you how to make a request and if any charges will apply.

  1. Security

6.1 We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.

  1. Other websites

7.1 Other websites that are linked to our website may have privacy policies that govern the use of information collected by those other websites. We are not responsible for any information collected by those other websites, or the privacy or data protection practices of the operators of those other websites.

  1. Website terms of use

8.1 Your use of our website is also governed by our Terms of Use. By accessing and browsing our website, you also agree to comply with the terms of our Terms of Use.

  1. Amendments

9.1 We may amend this Privacy Policy from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

9.2 Your continued use of our website will constitute your acceptance of any amendments or revisions to this Privacy Policy.

  1. Contacting us or our Privacy Officer

If you:

(a) have any questions about this Privacy Policy or our privacy and data protection practices;

(b) want to access or correct any Personal Information we hold about you; or

(c) want us to stop sending you Direct Marketing Information,

please contact:
The Privacy Officer
[email protected]