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Terms & Conditions


Agreement between Eminz and the Client

In accepting this Eminz website access I agree to be bound by the conditions enclosed and confirm my agreement by ticking the “I Accept” button at the end of the agreement.

This agreement denotes that the client wishes to use the Eminz facilities, resources and website to gain access to information about the ethnic communities and the media companies that service these communities and to be able to make media bookings in any of the media companies listed.

The Eminz website is designed exclusively for mainstream advertising agencies and it is only to be used by accredited advertising agencies.
By accepting this agreement the agency retains the services and resources of Eminz Ltd to aid that agency with providing and compiling information, with the aim of booking ethnic media, in the media companies that are recommended by Eminz. It is also agreed that all agency bookings will be placed via Eminz and that Eminz hereby agrees to serve as your agencies ethnic media booking service in accordance with and subject to the following terms and conditions:

1. Assignment
 
Our assignment shall relate to the following product (s) or service (s):

a) During the term of this agreement, we shall be the sole company charged with the responsibility of orchestrating and placing ethnic advertising with respect to such product (s) or service (s).

2. Nature of Services
 
We shall perform the following services for you in connection with the planning, preparing and placing of ethnic advertising for your product (s) or services (s):

a) Study the clients products or services and analyse your present and potential ethnic markets.
b) Create, prepare and submit to you, for your approval, advertising, media ideas and programs specifically relating to ethnic markets.
c) Employ on your behalf our knowledge of ethnic media and opportunities in the target communities, which can be profitably used to advertise your product (s) or service (s).
d) Prepare and submit to you, for approval, estimates of costs of these recommended advertising programs.
e) Where required, write, design, illustrate, produce or otherwise prepare your advertisements including commercials to be broadcast, or other appropriate forms of your message.

f) Order the space, time, or other means to be used for your advertising, endeavouring to secure the most advantageous rates and positions available.
g) Forward all advertising with proper instructions to the fulfilment of the order.
h) Check and verify all insertions to ensure the accuracy and integrity of the message.
i) Audit invoices for space, time, material preparation and services.


3. Compensation; The basis of our billing shall be as follows:

a) On all media purchased by us on your behalf, we shall bill you at the negotiated rates, as may be applicable. These rates will be agency commission bearing direct to you the client.
b) If we undertake, at your request, special assignments such as market, product or distribution research, or special assignments such as events, the charges made by us will be agreed upon in advance whenever possible. If no agreement was made, we shall charge you at our standard rates for the work performed by us. In addition, for materials or services purchased from outside sources under your authorization.

4. Billing and Payment Procedures
 
a) We shall invoice you for all media costs sufficiently in advance of our payment date to media to permit payment by you to enable us to take advantage of all available cash discounts.
b) Rate or billing adjustments shall be credited or charged to you on placement, or the first billing date after we have been invoiced, or as soon thereafter as is otherwise practical.
c) All invoices shall be rendered on or about the first day of the month and will be payable the twentieth day of the month. Invoices shall be submitted in an itemized format.
d) In the situation where the client requires more in-depth information, this service will be provided at an hourly rate charge of $175 per hour (unless otherwise negotiated), however if the agency has an agreement in place with Eminz then this rate will be negotiable or dismissed, as per that agreement. 
 
5. Eminz website access costs

By accepting this agreement the user on behalf of the agency is agreeing to pay Eminz $1,000 per annum to have access to this site. This will be invoiced retrospectively at the end of the year, however if there has been an accumulated volume of business from that agency in excess of $50,000 then no fee will be charged for access to the website, or if $25,000 of media bookings are received then only $500 will be invoiced at the end of that period unless a separate agreement has been reached between the agency and Eminz.

6. Commitments
 
a) All purchase of space and facilities with respect to the advertising of your products shall be subject to your prior approval.
b) If you should direct us to cancel or terminate any previously authorised purchase or project, we shall promptly take all appropriate action, provided that you accept any costs incurred by us as a result thereof. Typically there is a 20% charge payable for any cancellations of bookings within 4 weeks of the cancellation date. This may be varied with discussions with the media company or companies.
c) We warrant and represent to you that in purchasing any materials or services for your account, we have exercised due care in selecting suppliers and have made every effort to obtain the lowest price for the desired quality of materials or services. Wherever possible, we shall at all times provide competitive bids.
d) For all media purchased via Eminz on your behalf, you agree that we shall be held solely liable for payments only to the extent proceeds have been cleared from you to us for advertising disseminated in accordance with this agreement. For sums owing but not cleared to us, you agree to be held solely liable.

7. Term of Agreement

a) The term of this agreement will commence on the date of acceptance of this agreement and will continue in full force and effect until terminated by either party upon written notice of such intention given to the other party not less than ninety (90) days in advance, provided that no event may cause this agreement to be terminated.

b) The rights, duties and responsibilities of Eminz shall continue in full force during the period of notice, including the ordering and billing of advertising in print, radio and TV media whose published

closing dates fall within such period and the ordering and billing of advertising in broadcast media were air dates fall within the such period.

 
8. Rights Upon Termination

a) Upon termination of this contract, we shall transfer, assign and make available to you all property and materials in our possession or control belonging to and paid for by you, subject, however, to any rights of third parties of which we have informed you.

TERMS AND CONDITIONS OF TRADING
 
All advertisers (the Agency, Customer, Client) are subject to the terms and conditions of trading specified in the Eminz Limited Advertising Contract, in particular that payment must be made, inclusive of GST, on the 20th of the month following broadcast or publication. Eminz LTD reserves the right to charge interest on all overdue accounts at the rate of 1.5% per month. Copies are provided to all clients on receipt of this credit application form.
Eminz LTD reserves the right to ask new clients for payment for bookings in advance for a period of three months while this application is being processed as standard procedure and retains the right to refuse taking bookings from any client if it is deemed to not meet Eminz requirements.

The Customer agrees to pay all costs incurred by Eminz LTD or its appointed representatives for the process of collecting unpaid accounts, including but not limited to, legal fees, debt collection fees, travel and accommodation expenses.
I/We the undersigned applicant(s) agree to personally pay any unpaid account in the event that The Customer ceases to trade, or that the Customer does not pay the account.

I authorise any person or company to provide you with such information as you may require in response to your credit enquiries or your provision of credit to me.

I authorize Eminz LTD to furnish to any third party, any details contained in this application form and any other details of subsequent dealings that I may have with Eminz LTD as a result of this application being actioned by Eminz LTD, and to use for any lawful purposes connected with your business, any information which I or any third party may provide to you in connection with this credit application or its subsequent dealings.


CONSULTANCY CONTRACT


This contract of engagement secures the services of Eminz as your ethnic media specialist for all target ethnic communities and allows Eminz the necessary authority to make multiply bookings on your behalf and to collate these into one monthly account for ease of processing.

The Eminz website and your representative will keep you informed of all relative marketing and sponsorship opportunities available within your chosen markets and offer council on what are the most effective ways of getting your message into these communities. Eminz will also provide information on any other services or areas of interest that you may wish to pursue.

INTELLECTUAL PROPERTY

Eminz will be responsible for continually up-dating all information about the ethnic communities and the media companies that service these communities.
Intellectual information supplied to advertising agencies and their clients is on a consultation basis and remains the intellectual property of Eminz. This information is supplied at a cost that is determined at the discretion of Eminz, dependant on the circumstances and situation of the campaign and client/ agency, however consultation fees may be wavered for agencies which have personal service agreements in place with Eminz.

 

This clause has been inserted for the sole purpose of protecting the intellectual property of Eminz Limited including however not limited to, media lists, addresses, contact details, pricing, commission or premium information, patent, design, copyright or other form of intellectual property or proprietary interest in any matter or thing discovered, conceived or developed by Eminz Limited.


All discounted media booking rates are only available through Eminz and all agency media bookings will only be accepted via Eminz, as Eminz is the jointly owned media booking company, established and owned by the key ethnic media companies.

Media Suppliers are defined as those listed on the Eminz website, or as in any introduced ethnic media company submitted to the client in any written proposal.

Accounting Systems
 
All company information will be held in the strictest confidence by our accounts department, for the purpose of allowing Eminz to provide you with accurate information on invoices, statements, air play reports, tear sheets and any other information relevant to your campaign. This will allow for a harmonious integration of accounting and administration systems.
 
TERMS AND CONDITIONS OF TRADING
 
All advertisers (The Customer) are subject to the Terms and Conditions of Trading specified in the Eminz Limited Advertising Contract, in particular that payment must be made, inclusive of Gst, on the 20th of the month following broadcast or publication.
Eminz LTD reserves the right to charge interest on all overdue accounts at the rate of 1.5% per month. Copies are provided to all clients on receipt of this credit application form. Eminz LTD reserves the right to ask new clients for payment for bookings in advance for a period of three months while this application is being processed as standard procedure and retains the right to refuse taking bookings from any client if it is deemed to not meet Eminz requirements.
  • The Customer agrees to pay all costs incurred by Eminz LTD or its appointed representatives for the process of collecting unpaid accounts, including but not limited to, legal fees, debt collection fees, travel and accommodation expenses.
  • I/We the undersigned applicant(s) agree to personally pay any unpaid account in the event that The Customer ceases to trade, or that the Customer does not pay the account.
  • I authorise any person or company to provide you with such information as you may require in response to your credit enquiries or your provision of credit to me.
  • I authorize Eminz LTD to furnish to any third party any details contained in this application form and any other details of subsequent dealings that I may have with Eminz LTD as a result of this application being actioned by Eminz LTD, and to use for any lawful purposes connected with your business any information which I or any third party may provide to you in connection with this credit application or its subsequent dealings.
  • I authorize Eminz LTD to use my/our email address to send periodic updates via an email newsletter. Such email addresses will not be passed on to a third party for use other than the Eminz LTD newsletter.
 

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