1. FoMA agrees to allocate advertising space, and the Advertiser agrees to advertise its products and/or services on FoMA website pages upon the terms and conditions set out below.
   
   
2. The Advertiser must:
   
   Complete for each proposed Advertisement or series of related Advertisements a Booking Confirmation Form, which upon receipt by FoMA will serve as confirmation of the booking by the Advertiser of the Advertisement. The Booking Confirmation Form will be subject to the terms of this Agreement.
   
   At its own expense, finalise and deliver to FoMA all relevant materials and copy for every Advertisement intended for publication on FoMA website pages at least 3 business days before publication. Upon expiry of 3 business days before publication, any changes to the copy can only be made at FoMA’s discretion and will incur an extra cost of $50.
   
   Ensure that every Advertisement complies with FoMA’s General Terms and Conditions for Advertisements and such other reasonable requirements as FoMA may impose on the Advertiser from time to time.
   
   
3. The Advertiser warrants and undertakes to FoMA that no statement, representation or information contained in the Advertisement:
   
   is or is likely to be misleading or deceptive or to otherwise infringe the Fair Trading Act 1986; or
   
   is at all defamatory, in breach of copyright, trademark, third party's contractual or tortious rights or other intellectual or industrial property right of any third party and FoMA; or
   
   is otherwise in breach of any provision of any statute, regulation, rule or law.
   
   
4. The Advertiser acknowledges that FoMA relies on the warranties set out in clause (3) in accepting Advertisements for publication. The Advertiser hereby agrees to indemnify FoMA, its employees, servants, and agents against all losses or costs (legal or otherwise), liabilities, claims or proceedings whatsoever arising as a result of any breach of the warranties set out in clause (3).
   
   
5. Except as expressly provided herein, FoMA makes no warranties of any kind, whether express or implied including any implied warranty of merchantability or fitness, of the advertisement serving service for a particular purpose. FoMA shall not be liable for or to any Advertiser or any Third Party for any loss, cost, damage or expense, (including counsel fees) incurred in connection with FoMA's use of the advertisement serving service, including, without limitation, for any technical malfunction, computer error or loss of data or other injury, damage or disruption of any kind other than as a result of FoMA's negligence or fraud. And in no event shall FoMA be liable for any direct or incidental, special or exemplary damages, even if such damages are foreseeable and whether or not FoMA had been advised of the possibility thereof. Nor shall FoMA's liability exceed the total amount paid to FoMA by the Advertiser.
   
   
6. All payments for the advertisement are due to FoMA within 30 days following the receipt of the invoice.
   
   
7. Any cancellation by the Advertiser of any Advertisement, for which a Booking Confirmation Form has been completed, must be in writing.  If the cancellation occurs prior to3 business days before publication no cost will incurred by the Advertiser.  Upon expiry of 3 business days before publication, all cancellations will incur a penalty fee of 20% of the original price for advertising.
   
   
8. Any government or industry taxes, and/or levies payable for Advertisements must be borne by the Advertiser. The charges set out in FoMA Rate Card are exclusive of GST, and this must be borne by the Advertiser.
   
   
9. FoMA may at any time and without notice to the Advertiser cancel, reject or refuse to continue publishing any Advertisement without providing any reason for such rejection or refusal at any time prior to, or after, publication of the Advertisement. This right will not be unreasonably exercised.
   
   
10. Production Services: If the Advertiser requires any of creative, production, programming, or other services ("Production Services") from FoMA, the Advertiser must pay FoMA additional charges for such services. FoMA will notify and receive permission in writing from the advertiser prior to making any charges. FoMA will charge the Advertiser for these production services on a case by case basis.
    
    
11. FoMA will guarantee that any links will be created in accordance with specifications supplied by the advertiser. FoMA will give priority commitment to allocating resources to the resolution or restoration of any link or material issues relating to the applicable site for which we are responsible. Any downtime, in access of the 2 hours periodically required for routine server maintenance, will result in the extension of the contract by the equivalent down time period.
    
    
12. Both parties agree that all information given to the other will be treated as confidential and both parties will obtain written approval from the other before disclosure of such material.
    
    
13. FoMA will use best endeavours to ensure the Advertisements accurately reflect the approved copy provided by the Advertiser. FoMA will not however be responsible for any errors in the content, or the incorrect appearance, of any published Advertisements. FoMA's maximum liability under any claim will not exceed the fees paid by the Advertiser for the Advertisement. FoMA will correct any notified errors, for which they are responsible, as an immediate action priority and will be done so with maximum haste at no cost to the advertiser.
    
    
14. FoMA will not be liable to the Advertiser or any other person for any loss of whatever kind suffered as a result of the Advertisement not being available for publication where such event arises from any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of FoMA's operation or network will be deemed to be an event beyond FoMA's control. Should such an event occur, FoMA will take responsibility to resurrect site and links, and Advertiser has the right to cancel the contract at no penalty if such an occurrence results in the site being down for more than 7 business days.
    
    
15. This Agreement is governed by, and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Law of New Zealand in respect of any dispute arising from this Agreement.
    
    
16. If any provision of this Agreement is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of this Agreement which shall remain in full force and effect as if such provision held to be illegal or unenforceable had not been included in this Agreement.
    
    
17. Any variation to this Agreement must be in writing and signed by both parties before the variation comes into effect.
    
    
18. This Terms and Conditions, including the Booking Confirmation, set out the entire Agreement between the parties and supersedes all prior arrangements, undertaking, representations and warranties by or between the parties.

Booking Confirmation Form

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