THE MANAWATU STANDARD ADVERTISING AND PAYMENT TERMS AND CONDITIONS

1. In accepting an advertisement (including a notice) for publication, and in publishing it we are to do so in consideration of and relying on the advertiser’s express warranty, the truth of which is essential a. That the advertisement does not contain anything: That is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.That is defamatory or indecent or which otherwise offends against generally accepted community standards. That infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights. That breaches any provision of any statute, regulation, by-law or other rule or law, and b. That the advertisement complies in every way with the Advertising Codes of Practice issued by the Advertisingstandards Authority Inc. (A´ ASAA`) and with every other code or industry standard relating to advertising in New Zealand, and c. Publication of the advertisement will not give rise to any liability on our part or in a claim being made against us. 2. The advertiser agrees to indemnify us against all losses or costsarising directly or indirectly from any breach of those warranties by the advertiser and from any costs incurred in our making corrections or amendments in accordance with the terms that follow. 3. We may refuse to publish, or withdraw an advertisement from

publication without having to give a reason. 4. We may publish the advertisement on the next available day if there is

an error or delay in publication of the advertisement booked. 5. We may correct or amend advertising material to conform to style or for other genuine reasons as long as we do so using reasonable care and consultation. 6. We may take orders for advertising in specific spaces, (Annual Spend Commitments). The space may be used only by the advertiser for advertising of the advertiser’s usual business, excluding employment advertising, and may not be conformed by the advertiser to another person. 7. While we will make reasonable efforts to place advertisements in the positions requested, we cannot guarantee position unless a Guaranteed Position Fee is agreed and paid by the advertiser. 8. The guarantees contained in The Consumer Guarantees Act 1993are excluded where the advertiser acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business. 9. The advertiser must tell us as soon as possible (and in any case within ten days of the date the advertisement appeared or should have appeared) if there is an error or omission in any advertisement the advertiser has placed. After ten days any claim is deemed waived. 10. We will not be liable for errors or omissions arising from the advertiser having given us incorrect instructions, or in any circumstances where a proof has been submitted and approved by the advertiser. 11. If there is an omission in colour in an advertisement or colour is not as specified, any credit shall relate solely to the colour component of the advertising rate. 12. We will not ever be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission or failure to publish and if we are found to have any direct liability to an advertiser or a third party for any circumstance, that liability is limited to the cost of the space of the advertisement 13. The charge for an advertisement will be in accordance with the published rate card applying at the time for the publication, unless we agree otherwise in writing. 14. Annual Spend Commitment rates may be changed by giving the Advertiser no fewer than 28 days’ notice prior to any advertising rate adjustments. Notice to the Advertiser will be published in the appropriate Company publication. Rates apply for the whole space booked and are not reduced if the whole space is not used. 15. Minimum charge for classified advertising, run-on per line, is three

lines, unless we agree in writing to other terms. 16. Late advertisementsa` may be accepted at our discretion for additional

fee of 20% of the rate applying to that advertising. 17. To cancel an advertisement, a cancellation number must be obtained from us. No credit or part credit will be given without a cancellation number. If a cancellation is accepted after the deadline for cancellation (which may happen only at our discretion), the advertiser will pay a cancellation fee of at least 20% of the advertising charge that would have be been incurred. 18. Advertising placed by advertisers who are not New Zealand residents will be zero-rated for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals. 19. Unless we expressly agree in writing, payment is to be made in full by 20th of the month following the date of invoice or statement. If payment for advertising, or newspaper supply/delivery is not made by due date the advertiser will be liable for interest at 1.5% per month compounding monthly, and for all costs of recovery and collection fees, including collection agent’s commission. 20. By supplying or placing an advertisement for publication the advertiser grants us a perpetual, royalty free license to reproduce the advertisement in any print or electronic advertising media we offer advertisers now or in the future. 21. Where the advertiser utilises any aspect of our creative services in the design or production of an advertisement (including photographic or design work), the advertiser acknowledges that we own the copyright in such work and that such work is not work for which a commissioning payment has been made or agreed. 22. We will require a deposit from the advertiser who uses the Manawatu

Standard to place advertisements in any out-of-town newspaper. 23. Advertising received from overseas is accepted on a cash only basis,

to be paid before publication. 24. If the advertising spend nominated is not fully used in the spend commitment period, The Manawatu Standard reserves the right to adjust the charges for this period to the appropriate charges for the actual spend used. 25. If the actual spend used is in excess of the spend originally nominated and qualifies for a lower rate, The Manawatu Standard may credit the Advertiser’s account with the overpayment. 26. For rebate and surcharge calculation purposes, advertising spend commitments calculated at rates lower than the nominated spend commitment rate will be converted into the equivalent spend at contract rates. 27. The Manawatu Standard reserves the right, should the Advertiser be in breach of condition 19 above, to suspend any Annual Spend Commitment order and apply casual rates until such time as the Advertiser’s account(s) is/are paid in full. The Manawatu Standard will not refund the difference in rates charged during the period of the annual spend order suspension.