TERMS AND CONDITIONS

1. Acceptance:

By accessing and using Mobile Media, you accept and agree to be bound by the terms and provision of this agreement. In addition, you accept that Mobile Media Ltd may implement changes to Terms and Conditions without prior notice, such changes will come into effect immediately.
This website, any information contained on it, and these terms and conditions of use will be governed by, and interpreted in accordance with, New Zealand law.
The New Zealand courts have exclusive jurisdiction to hear any disputes concerning matters involving Mobile Media.
Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, refrain from using this service.


2. Definitions:

“Driver” describes members of Mobile Media that have signed up to have advertisements on their vehicles for payment. It is used to describe both before and after a contract has been given.
“Advertiser” means any advertiser or advertising agency that has contracted drivers and is liable for their payment.
“Car wrap” is the advertising vinyl placed on the vehicle of a driver.
“Bond” is the first two months of payment to a driver after Mobile Media has taken their cut, held as an assurance to the advertiser and will be returned to an advertiser in the event.
“Month” means a calendar month counting 30 days.
“Contract” is a legal agreement between driver and advertiser, committing advertisers to payment as long as a driver fulfills their roles specified in the contract.


3. Liability and Indemnity:

Mobile Media is not responsible for content of advertisements placed on wraps, such advertisements are liable to advertisers and/or third party designers, although all advertisements must comply with laws set out by New Zealand Advertising Standards Authority (ASA).
A driver has the right to see the details of an advertisement and the information they will be promoting prior to accepting a contract.
It is the driver’s responsibility to attend a given location for the wrapping of their car, this may be at a time that suits them within business hours, within 5 working days of the vinyl wrap being ready.
The advertiser must purchase one ticket to an event which their contract requires the driver to attend. The driver must drive their wrapped vehicle to an event and park in the most publicly visible location, this often requires the driver to arrive early.
The driver accepts full responsibility for compliance with New Zealand road code.
Mobile Media is not responsible for any damage that occurs to a car of a driver or the wrap on their vehicle.
This includes damage occurring while the wrap is being installed or removed, such damage is liability of the third party installer. Damage to a drivers vehicle or wrap occurring under contract, including vehicle crashes and scrapes from the environment are responsibility of the driver. If damage does occur to a drivers vehicle, it is their responsibility to inform Mobile Media within 48 hours and may result in cancellation of contract, if a driver continues to claim payment without reporting damages, necessary measures will be taken to reclaim the payments.
Drivers are responsible for fulfilling their contractual obligations, Mobile Media does its best to protect advertisers against this by holding a bond but this is paid during the initial 60 days, therefore there’s minimal protection if a driver is to fail their contract within the first 60 days.


4. Cancellation:

Either party may cancel a contract by giving 90 days written notice at any time. If the advertiser cancel’s the contract, the driver is given their full bond at the end of the 90 days, if a driver is to cancel a contract, they lose 20% of their bond which is given to the advertiser as an early cancellation fee.
If a driver is unable to fill their contractual obligations due to serious unforeseen circumstances, e.g. debilitating illness, loss of vehicle or being convicted to jail, they may be able to cancel the contract immediately with written evidence although the driver’s bond will be paid to the advertiser.
If a driver fails to fulfill their contractual obligations, including being a good representation of the company, their contract may be terminated immediately with their bond being given to the advertiser and the driver being liable to pay for the removal of the wrap.


5. Accounts & Payments:

Payment from advertisers will be paid to Mobile Media who then distributes the payment to the appropriate sources.
Payment is done by bank transfer to the account stated on the invoice provided.
An initial payment from the advertiser is required at the start at the start of a contract, this covers the cost of printing, installing and the later cost of removing the wrap.
Monthly payments start on the first day of the wraps installation with payments every 30 days until the end of the contract.


6. Bankrupt:

If the advertiser shall become bankrupt or commit an act of bankruptcy or make any assignment for the benefit of his creditors or being a company shall become insolvent or commit any act of insolvency then it shall be lawful for the contractor by notice in writing to the principal to terminate the contract forthwith without prejudice to any right of action.