Terms & Conditions

1. About These Terms

These Terms & Conditions govern your access to and use of the Purdie Media Limited website and the digital marketing, advertising, creative, media, video, and GEO-fencing services provided by Purdie Media Limited ("Purdie Media", "we", "us", or "our").

Purdie Media Limited is a company based in New Zealand.

Our services include:

• Creative Advertising
• Performance Marketing
• Video Marketing
• GEO-fencing Advertising

By accessing our website, requesting our services, approving a proposal, signing a statement of work, or otherwise engaging us to provide services, you agree to be bound by these Terms together with any applicable proposal, quotation, statement of work, order form, or other written agreement between you and Purdie Media.

If there is a conflict between these Terms and a signed agreement or statement of work, the signed agreement will take precedence to the extent of the conflict.

2. Definitions

In these Terms:

• "Client", "you", or "your" means the person or business purchasing or receiving our services.
• "Campaign" means an advertising, marketing, creative, video, GEO-fencing, or related project undertaken for you.
• "Creative Assets" means advertising graphics, videos, scripts, copy, designs, photography, animations, layouts, and other creative materials produced as part of a project.
• "Media Spend" means money paid to advertising platforms, publishers, networks, DSPs, social platforms, search platforms, or other third-party media providers for the placement of advertising.
• "Services" means the services described in the applicable proposal, quotation, statement of work, order, or service agreement.
• "Third-Party Platform" means any external advertising, analytics, CRM, hosting, social media, programmatic, GEO-fencing, video, payment, or technology platform used in connection with the Services.

3. Our Services

Purdie Media provides digital advertising and marketing services based on the scope agreed with the Client.

Depending on the applicable project, this may include:

Creative Advertising

Development of advertising concepts, copy, graphics, campaign assets, messaging, and creative variations for digital channels.

Performance Marketing

Campaign strategy, media planning, audience development, media buying, campaign management, optimisation, reporting, and performance analysis across relevant advertising platforms.

Video Marketing

Video strategy, scripting, production, filming, editing, motion graphics, post-production, and delivery of video assets for agreed channels.

GEO-fencing Advertising

Location-based advertising campaigns using approved technology and third-party data sources to target defined geographic areas, venues, businesses, events, or other locations.

The exact scope of each engagement will be determined by the applicable proposal, quotation, statement of work, or written agreement.

4. Proposals, Quotes and Scope of Work

Before commencing a project, we may provide you with a proposal, quotation, statement of work, campaign plan, or other written description of the Services.

This may specify:

• Services included
• Deliverables
• Campaign objectives
• Project timelines
• Fees
• Media budgets
• Third-party costs
• Number of revisions
• Reporting arrangements
• Payment requirements
• Campaign duration
• Other project-specific requirements

Only the Services expressly included in the agreed scope are included in the applicable project fee.

Additional work requested by you may be charged separately.

5. Client Responsibilities

You agree to provide accurate, complete, and timely information reasonably required for us to perform the Services.

This may include:

• Brand guidelines
• Logos
• Product information
• Pricing
• Images
• Video footage
• Website access
• Analytics access
• Advertising account access
• CRM access
• Location information
• Customer information
• Campaign objectives
• Legal or regulatory requirements applicable to your business

You are responsible for reviewing information supplied to us and ensuring that it is accurate and lawful.

You must promptly notify us if any information, offer, pricing, product claim, location, or other campaign detail changes.

6. Client Approvals

You are responsible for reviewing and approving campaign materials before publication where approval is requested.

Approval may include:

• Advertising copy
• Images
• Video
• Offers
• Landing pages
• Audience parameters
• Geographic targeting
• Campaign budgets
• Calls to action
• Product claims
• Pricing
• Promotional terms

Once you approve materials for publication, you remain responsible for the accuracy and legality of information that you supplied or approved.

We are not responsible for delays caused by late approvals, incomplete information, or failure to provide required access.

7. Advertising Media Spend

Unless expressly stated otherwise, Media Spend is separate from Purdie Media's service fees.

Media Spend may be paid directly by you or managed by us under the agreed commercial arrangement.

Advertising platforms may change:

• Pricing
• Auction conditions
• Inventory
• Targeting availability
• Policies
• Account requirements
• Delivery rules
• Reporting methods
• Technical specifications

We do not control these third-party decisions.

Accordingly, we do not guarantee that a campaign will receive a particular number of impressions, clicks, leads, conversions, visits, sales, or revenue unless a specific written guarantee has been expressly agreed.

8. Performance and Results

We aim to improve campaign performance through strategy, testing, measurement, and optimisation.

However, marketing performance depends on many factors outside our control.

These may include:

• Market conditions
• Competition
• Advertising platform changes
• Audience behaviour
• Seasonality
• Pricing
• Product quality
• Website performance
• Landing-page experience
• Sales processes
• Customer demand
• Media costs
• Third-party technology
• Budget levels

Statements on our website regarding ROAS, views, targeting accuracy, conversions, foot traffic, or other results are informational and may reflect particular campaigns, averages, historical results, or stated performance data.

They should not be interpreted as a guarantee that you will achieve the same outcome.

We do not guarantee a particular:

• ROAS
• Revenue level
• Number of leads
• Conversion rate
• Cost per acquisition
• Number of visits
• Number of impressions
• Video completion rate
• Sales volume
• Return on advertising spend

unless expressly agreed in writing.

9. GEO-fencing and Location-Based Advertising

GEO-fencing campaigns may use location signals, advertising technology, mobile advertising identifiers, aggregated or anonymised data, audience segments, and other information supplied by third-party technology providers.

The availability, accuracy, coverage, and reliability of location-based data may vary.

Purdie Media does not guarantee that every device entering a defined geographic area will be identified, targeted, counted, or attributed as a conversion.

Location attribution may also be affected by:

• Device settings
• Consent choices
• Signal availability
• Data-provider methodology
• Privacy restrictions
• Platform policies
• Geographic boundaries
• Data processing delays
• Third-party measurement systems

Where third-party location data is used, we will use providers and technology reasonably considered appropriate for the campaign.

We do not represent that location data will identify every person who enters a location or provide personally identifiable information about individuals.

10. Privacy and Data Protection

Purdie Media will handle personal information in accordance with applicable privacy and data protection laws, including the New Zealand Privacy Act 2020 where applicable. The Privacy Act establishes principles governing the collection, storage, use, disclosure, access, and correction of personal information.

We will take reasonable steps appropriate to the circumstances to protect personal information in our possession or control.

Where we collect personal information directly from individuals, we will take reasonable steps to provide appropriate information about the collection and its purpose. New Zealand's Privacy Act also contains rules concerning information collected indirectly from sources other than the individual.

Where you provide us with personal information or instruct us to process personal information on your behalf, you are responsible for ensuring that you have a lawful basis and appropriate authority to provide that information and instruct its processing.

You must not provide us with personal information that we do not reasonably require for the agreed Services.

Further information about our handling of personal information is set out in our Privacy Policy.

11. Third-Party Data and Advertising Technology

Some Services may rely on third-party platforms, advertising networks, DSPs, analytics providers, social media platforms, location-data providers, CRM systems, hosting providers, and other technology providers.

We do not own or control these third parties.

Their own:

• Terms
• Privacy policies
• Data practices
• Technical limitations
• Advertising policies
• Availability
• Pricing
• Targeting rules

may apply to your campaign.

We cannot guarantee the continued availability of a particular platform, data source, audience segment, targeting method, API, measurement method, or advertising inventory.

12. Client Compliance Obligations

You are responsible for ensuring that your products, services, offers, advertising claims, promotions, websites, landing pages, and customer communications comply with laws and regulations applicable to your business.

You must not instruct us to create or publish material that is unlawful, misleading, deceptive, infringing, defamatory, discriminatory, fraudulent, or otherwise prohibited.

New Zealand's Fair Trading Act restricts misleading or deceptive conduct and false or misleading representations, including in relation to services and business activities.

If you provide us with a claim, statistic, testimonial, comparison, certification, price, promotion, or other factual statement for use in advertising, you are responsible for ensuring that you have appropriate evidence and authority to make that claim.

We may refuse to publish or continue a campaign where we reasonably believe the campaign may create legal, regulatory, platform-policy, reputational, or ethical concerns.

13. Electronic Marketing

Where the Services involve email, SMS, or other commercial electronic messaging, you are responsible for ensuring that you have the necessary permissions, lawful basis, contact information, suppression lists, and other requirements needed for those communications.

New Zealand's Unsolicited Electronic Messages Act 2007 regulates unsolicited commercial electronic messages and includes requirements relating to sender identification and functional unsubscribe facilities.

We may suspend messaging activity where we reasonably believe that a campaign does not meet applicable requirements.

14. Creative Assets and Intellectual Property

Unless otherwise agreed in writing, Purdie Media retains ownership of:

• Pre-existing materials
• Templates
• Internal tools
• Processes
• Methodologies
• Software
• Strategies
• Know-how
• Production systems
• Generic concepts
• Unused concepts
• Working files not expressly included in the project scope

For custom Creative Assets specifically produced for you, ownership will transfer to you upon full payment of all amounts due for those Creative Assets, subject to any third-party rights and any different terms contained in the applicable statement of work.

This approach is consistent with New Zealand copyright law, under which ownership of commissioned works can be affected by the type of work and by the agreement between the parties.

Unless expressly included in the project scope, ownership of third-party materials does not transfer to you.

This may include:

• Stock photography
• Stock video
• Fonts
• Music
• Voiceover licences
• Software assets
• Third-party graphics
• Platform materials
• Licensed data
• Other third-party content

You are responsible for complying with the applicable licence terms for third-party materials supplied by you or requested by you.

15. Portfolio and Marketing Use

Unless you instruct us otherwise in writing before the relevant work is published, we may identify you as a client and display completed public-facing Creative Assets in our portfolio, website, presentations, awards submissions, and marketing materials.

We will not publicly disclose confidential information solely for portfolio purposes.

If a project is confidential or subject to a non-disclosure agreement, the confidentiality terms will take precedence.

16. Video Production

Where Video Marketing Services are provided, the agreed scope may include:

• Concept development
• Scriptwriting
• Pre-production
• Filming
• Editing
• Motion graphics
• Sound
• Voiceover
• Revisions
• Final exports

Unless expressly agreed, the project does not automatically include unlimited revisions, reshoots, actors, locations, equipment, travel, licensing, music, voiceover talent, or additional production days.

Additional production requirements may incur additional charges.

You are responsible for ensuring that you have appropriate rights or permissions for any third-party footage, trademarks, people, locations, music, products, or other materials that you provide.

17. Revisions and Change Requests

The number of revisions included in a project will be specified in the applicable proposal or statement of work.

Requests outside the agreed scope may be charged at our applicable rates.

A change request may include:

• New concepts
• Significant changes to approved creative
• New formats
• Additional versions
• New target audiences
• Additional locations
• New campaign objectives
• Additional filming
• Additional editing
• Material changes after approval

We will, where reasonably practicable, advise you of additional costs before carrying out substantial out-of-scope work.

18. Fees and Payment

Fees, payment schedules, Media Spend, production costs, and other charges will be set out in the applicable proposal, quotation, invoice, or statement of work.

Unless otherwise agreed:

• Invoices are payable by the due date stated on the invoice.
• You are responsible for applicable taxes and government charges.
• Third-party platform or production costs may be payable in addition to our service fees.
• We may require deposits or advance payments before beginning certain projects.
• We may suspend Services where invoices remain unpaid.

If payment is overdue, we may charge reasonable collection costs and any applicable interest where permitted by law and agreed under the applicable contract.

19. Campaign Delays and Client Delays

We are not responsible for delays caused by:

• Late approvals
• Missing information
• Delayed access
• Platform restrictions
• Client-requested changes
• Third-party suppliers
• Website or CRM problems
• Delayed payment
• Regulatory requirements
• Events outside our reasonable control

Where a delay materially affects the project, the delivery schedule may be adjusted accordingly.

20. Third-Party Platforms

Campaigns may depend on services operated by third parties such as advertising networks, search engines, social platforms, video platforms, programmatic providers, CRM systems, analytics providers, hosting companies, and technology vendors.

We are not responsible for:

• Platform outages
• Account suspensions
• Policy changes
• Algorithm changes
• Tracking failures caused by platform changes
• Changes to advertising inventory
• Changes to pricing
• Loss of historical platform data
• Third-party security incidents
• Removal or rejection of advertisements
• Changes to APIs or technical integrations

We will use reasonable efforts to respond to issues within our control.

21. Reporting and Attribution

Where reporting is included, we may provide information relating to:

• Impressions
• Clicks
• Engagement
• Leads
• Conversions
• Cost per acquisition
• ROAS
• Video views
• Completion rates
• Location activity
• Foot-traffic estimates
• Campaign spend

Metrics are dependent on the availability, configuration, and accuracy of third-party platforms and tracking systems.

Attribution models are methodologies rather than guarantees of causation.

A reported conversion, store visit, lead, or sale should not automatically be interpreted as being caused solely by a particular advertisement or campaign.

22. Confidentiality

Each party agrees to keep confidential information received from the other party confidential and to use it only for the purposes of performing or receiving the Services.

Confidential information may include:

• Business plans
• Customer information
• Pricing
• Marketing strategies
• Campaign data
• Financial information
• Trade secrets
• Technical information
• Non-public business information

This obligation does not apply to information that:

• Is publicly available through no breach of these Terms;
• Was already lawfully known;
• Is independently developed;
• Is lawfully received from another source; or
• Must be disclosed by law or a lawful authority.

23. Security

Each party should take reasonable measures to protect account credentials, systems, data, and access information.

You should not provide passwords through insecure channels where a safer access method is available.

Where possible, access should be provided through appropriate account permissions rather than sharing personal credentials.

We are not responsible for security incidents resulting from credentials, systems, software, or infrastructure that we do not control.

24. Suspension of Services

We may suspend some or all Services where:

• An invoice is overdue;
• You materially breach these Terms;
• Required information or access is not provided;
• A campaign creates a material legal or regulatory concern;
• A third-party platform suspends the relevant account;
• Continuing the campaign creates a material security or reputational risk; or
• Suspension is reasonably necessary to protect you, us, or another party.

Where practical, we will notify you before suspension.

25. Termination

Either party may terminate an ongoing engagement in accordance with the termination provisions contained in the applicable proposal, statement of work, or service agreement.

If no specific termination provision applies, either party may terminate an ongoing monthly service arrangement by giving 30 days' written notice, unless otherwise agreed.

Termination does not remove your obligation to pay:

• Fees already incurred;
• Approved production costs;
• Media Spend already committed;
• Third-party charges;
• Work completed before termination; or
• Other non-cancellable costs reasonably incurred on your behalf.

26. Refunds and Cancellation

Refund and cancellation rights will depend on the applicable service agreement and the stage of the project.

Fees for work already completed, approved Media Spend, third-party costs, production expenses, licences, and other non-refundable commitments may not be refundable.

Nothing in these Terms is intended to exclude any rights or remedies that cannot lawfully be excluded under applicable New Zealand law.

27. No Guarantee of Commercial Results

You acknowledge that digital marketing involves uncertainty.

We will use professional judgment, agreed strategy, available data, and reasonable optimisation efforts to deliver the Services.

However, we do not guarantee that the Services will result in a particular level of:

• Sales
• Revenue
• Profit
• Leads
• Foot traffic
• ROAS
• Market share
• Website traffic
• Customer acquisition
• Engagement
• Conversion
• Brand awareness

unless expressly agreed in a written contract.

28. Limitation of Liability

To the maximum extent permitted by law, Purdie Media will not be liable for indirect, incidental, special, consequential, or punitive loss arising from or connected with the Services.

This may include loss of:

• Profits
• Revenue
• Business opportunities
• Anticipated savings
• Goodwill
• Data
• Reputation

To the maximum extent permitted by law, our aggregate liability arising from a particular engagement will not exceed the fees actually paid to Purdie Media for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded.

Nothing in these Terms is intended to exclude or restrict rights or remedies that cannot lawfully be excluded under New Zealand law.

29. Client Indemnity

You agree to indemnify Purdie Media against reasonable losses, claims, liabilities, costs, and expenses arising from your:

• Breach of these Terms;
• Unlawful instructions;
• Unauthorised use of personal information;
• Infringement of third-party intellectual property rights;
• Misleading or unsupported claims supplied by you;
• Products, services, offers, or promotions;
• Breach of applicable advertising or marketing laws;
• Breach of third-party platform terms; or
• Materials supplied by you that cause a third-party claim.

This clause applies to the extent permitted by law.

30. Force Majeure

Neither party will be liable for failure or delay caused by circumstances reasonably beyond its control.

This may include:

• Natural disasters
• Fire
• Flood
• Epidemics or pandemics
• War
• Civil unrest
• Government action
• Telecommunications failures
• Internet outages
• Cybersecurity incidents outside reasonable control
• Major platform outages
• Power failures
• Supplier failures
• Labour disruptions

The affected party will use reasonable efforts to reduce the impact and resume performance as soon as reasonably practicable.

31. Website Content and Information

Information published on the Purdie Media website is provided for general information.

We aim to keep website information accurate and current, but we do not guarantee that all content will always be complete, current, or error-free.

Website content does not constitute legal, financial, tax, investment, or other professional advice.

You should obtain appropriate professional advice before making decisions where specialist advice is required.

32. Links to Third-Party Websites

Our website or marketing materials may contain links to third-party websites or services.

We do not control those websites and are not responsible for their:

• Content
• Availability
• Security
• Privacy practices
• Terms
• Products
• Services

Your use of third-party services is subject to the relevant provider's terms.

33. Changes to These Terms

We may update these Terms from time to time.

The updated version will be published on our website with a revised "Last Updated" date.

Changes will generally apply to future use of the website and future engagements unless otherwise required by law.

For existing projects, the signed agreement or statement of work will continue to govern unless the parties agree otherwise.

34. Governing Law

These Terms are governed by the laws of New Zealand.

Subject to any mandatory rights or remedies available under applicable law, the parties submit to the jurisdiction of the courts of New Zealand.

Nothing in this clause prevents either party from exercising any statutory rights or remedies available to it.

35. Dispute Resolution

If a dispute arises, the parties should first attempt to resolve it through good-faith discussions between authorised representatives.

Where appropriate, the parties may agree to mediation before commencing court proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive or other appropriate relief where necessary.

36. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be modified or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

37. No Waiver

A failure or delay by either party to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

38. Entire Agreement

These Terms, together with the applicable proposal, quotation, statement of work, order form, and any other written agreement expressly incorporated into the engagement, constitute the agreement between the parties concerning the relevant Services.

They replace prior discussions or understandings relating to the same subject matter unless expressly preserved in writing.

39. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

Purdie Media may assign or transfer its rights or obligations as part of a restructuring, merger, sale of business, or similar transaction, provided this does not materially reduce your contractual protections.

40. Relationship Between the Parties

Purdie Media provides Services as an independent contractor.

Nothing in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or fiduciary relationship between Purdie Media and the Client unless expressly agreed in writing.

41. Contact

If you have questions about these Terms or your engagement with Purdie Media Limited, please contact:

Purdie Media Limited
Email: sales@purdiemedia.com
Country: New Zealand

See also our Privacy Policy or visit our contact page.