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PRIVACY POLICY

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COPYRIGHT

© Copyright 2012, All Rights Reserved, EPIC MENTORS® is a registered trade mark in New Zealand under Trade Mark Number 836744. No part of this publication may be reproduced, copied or used in any part without written permission from the publisher. Epic Mentors is a subsidiary of EM Graphic Design. Editor: Emma Blakely-Henare. To subscribe, email: emma@epicmentors.co.nz. The opinions expressed within advertising, editorials and on pages linked to Epic Mentors e-magazine NZ are not necessarily those of Epic Mentors.

GRAPHIC DESIGN, PHOTOGRAPHY AND ADVERTISING TERMS AND CONDITIONS

NB: Please check your proof carefully. Epic Mentors e-Magazine NZ and Emma Blakely-Henare accept no liability for errors once your artwork is printed, published, emailed and or distributed.

Definitions

1.1 In these terms and conditions the following expressions have where the context permits the following meanings:

“Contract” means the contract for the supply of the Work by EM subject to these Terms and Conditions;

“Client” means the person to whom the Work is to be supplied and its successors and permitted assigns;

“EM” means Epic Mentors and EM Graphic Design & Advertising, their successors and permitted assigns and their representatives, employees and agents where the context permits;

“Intellectual Property” means (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, data, component, tool, library, methodology, routine, program or other software (including source and object codes), specification, formula, drawing, graphic, document, programme, design, system, process, logo, mark, style or other thing of a similar nature, conceived, used, developed or produced by any person, whether in relation to textual, graphical, audio and other material or otherwise;

“Invoice” means the invoice for all or part of the Price;

“Price” means the fees for the Work to be supplied plus any additional charges pursuant to these terms and conditions, plus GST;

“Proof” means any draft Work provided to the Client for review or approval;

“Quote” means any quotation or estimate provided by or on behalf of EM;

“Work” includes all goods and services supplied or required to be supplied by EM in the course of performance of the Contract.

2. Acceptance of Terms and Conditions

2.1 These terms and conditions (“the Terms and Conditions”) shall apply to the provision of all goods and services by EM to the Client and are the Terms and Conditions referred to on the EM’s Quote, Proof and Invoice. EM reserves the right to amend the Terms and Conditions by written notice to the Client.

3. Work and Quotes

3.1 The parties shall agree on a specification of the Work to be supplied by EM under this Contract before EM is instructed to commence the Work. Any Quote shall be based on the relevant specification of Work at the time the Quote is provided. Any variation in the specifications by the Client after this time may incur further charges at EM’s absolute discretion. All prices as quoted are exclusive of goods and services tax unless otherwise stated.

3.2 Where any data, information, logos, designs, graphics and related materials to be included in the Work is to be provided by the Client, it shall be provided to EM promptly.

3.3 If the Client instructs EM to order prints of the Work on its behalf, EM shall not be liable for any errors in the Work once the Client has signed off on the final proof of the Work.

4. Delivery

4.1 EM will use reasonable endeavours to complete delivery on the date agreed but EM shall not be liable for late delivery or consequential damages of any kind arising out of late delivery nor will EM accept cancellation of any order because of late delivery.

5. Price & Payment

5.1 Any Invoice for Work shall be paid in full within seven (7) days of the date of the Invoice (“Due Date”)

5.2 If full payment is not made by the Due Date then EM reserves the right to charge interest on overdue accounts at 10% over the 90 day bank bill rate for borrowing at the date of default on a daily basis from the Due Date until payment in full.

6. Warranty

6.1 All claims against EM by the Client must be made in writing on or before the Due Date.

6.2 EM’s obligations under this warranty extend only to correcting or re-executing any part of the Work in respect of any claims accepted by it.

6.3 In any event, the maximum amount of any claim in relation to the provision of goods and services by EM shall be limited to the Price in respect of the Work at issue.

6.4 EM will not be liable for:

6.4.1 any consequential indirect or special damage or loss of any kind;

6.4.2 any loss caused by the Client’s servants, agents or any other persons whatsoever;

6.4.3 any loss or damage resulting from the infringement of any Intellectual Property rights belonging to a third party whether caused by the Work or the Client’s use of the Work.

6.5 The Client shall indemnify EM against any claim by the Client's servants, agents or other persons in respect of any loss arising from any defect in or non-compliance of the Work with the terms of the Contract or in respect to any other matter whatsoever including, without limitation, any claim by a third party for breach of its Intellectual Property rights by the Work or the Client’s use of the Work.

6.6 No warranty, condition or guarantee either express or implied is given by EM as to the quality or state of the Work or the Client’s authority to use the Work for any particular purpose. The Client shall be responsible for verifying its legal right to use and display the Work created under this Contract and any third party permissions required to use the Work. EM gives no warranty that the Work does not infringe Intellectual Property rights belonging to a third party.

6.7 All warranties, representations or conditions whether implied by statute law, trade, custom or otherwise which would otherwise apply to the Contract are expressly excluded to the fullest extent permitted by law.

7. Ownership

7.1 Ownership of the Work remains with EM until all money the Client owes to EM (whether under this Contract or otherwise) has been paid in full.

7.2 Subject to clause 7.1 all right, title, interest and Intellectual Property rights in the Work that are able to be vested will vest absolutely with the Client.

8. Consumer Guarantees Act

8.1 Where EM is supplying the Work to the Client for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to Section 43 the provisions of that Act will not apply to this agreement or the Work.

8.2 Where EM is supplying goods and services to the Client other than for business purposes the terms and conditions of this Contract will apply subject to the provisions of the Consumer Guarantees Act 1993.

9. Information and Privacy Act

9.1 For the purposes of facilitating the administration of the EM’s business, the Client authorises EM:-

9.1.1 to collect all information it may require about the Client from any third parties and authorises those third parties to release that information to EM; and

9.1.2 to hold all information given by the Client or any third party to EM; and

9.1.3 to use that information including giving the information to any other person to facilitate collection of debts from the Client.

9.2 The information will be collected, held and used on the condition that:-

9.2.1 it will be held securely at EM’s originating office referred to on the Invoice,

9.2.2 it will be accessible to any of EM’s employees and agents who need access to it for the administration of EM’s business; and

9.2.3 the Client may request access to and correction of it at any time.

10. Assignment

10.1 EM is entitled at any time to assign its rights under the Contract. The Client shall not be entitled to assign its rights under the Contract without the written consent of EM.

11. Entire Contract & Governing Law

11.1 These Terms and Conditions shall constitute the sole evidence of the agreement between the parties to the exclusion of all conditions and warranties statutory or otherwise not expressly incorporated herein and it is strictly understood that the Client enters into these Terms and Conditions solely and exclusively in reliance upon its own judgment and not upon any representation, condition or warranty made or alleged to be made by EM.

11.2 This Contract is governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

12. Termination

12.1 The Company may terminate these Terms and Conditions on the giving of 5 days notice in writing to the Client but such termination shall be without prejudice to any existing rights and remedies that EM may have against the Client.

FILE STORAGE

Epic Mentors will save our client's artwork for a maximum of one month from the date when the advertising contract is complete or from the sign off date of the artwork, whichever is later.

 
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