ACCEPTANCE OF THE TERMS AND CONDITIONS
BY CONFIRMING YOUR ROMER ADVERTISING ORDER OR MAKING PAYMENT TO ROMER LIMITED FOR A PAID LISTING OR POST YOU OR ANOTHER LEGAL ENTITY ON YOUR BEHALF AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS IN FULL.
DEFINITIONS AND BACKGROUND
These Terms and Conditions (“Terms”) apply to any promotional content, products and services (“Promotional Content”) and electronic listings (“Listing”, advertisement or “post”) that Romer Limited (“the Provider”) provides to any person or company (“the Client”) in connection with www.romerapp.org (“the Website”), Romer App (“the App”) and the Romer Social Media including Facebook and Instagram(“social media”)
These terms are located at www.romerapp.org/legal (“the Terms”).
For these Terms, Promotional Content includes written text, graphics, logos, photographs, video and audio clips layout, typeface, design, button icons, look and feel and control features of the Website and Romer app.
SERVICE
Where the Client submits an Order Form or makes a payment, the Provider will provide the Client with a confirmation their Listing has been received, this being a Paid Listing (“the Services”)
The contract for Services between the Provider and Client comprises:
The Client’s Romer Business Order Form (“Order Form”);
These Terms; and
The tax invoice issued by the Provider in respect of the Services (“Tax Invoice”).
These Terms, the Order Form and Tax Invoice together with any other written and signed an agreement between the Provider and the Client relating to these Terms represent the entire agreement between the Provider and the Client about the Services to be provided (“the Contract”).
FORMATION OF THE CONTRACT
The Tax Invoice issued by the Provider to the Client by the Order Form provided by the Client constitutes the Provider’s acceptance of the Client’s order and will determine the price for the Services to be provided to the Client.
The Contract between the Provider and the Client cannot be varied, except where authorised by the Provider. The Provider undertakes to promptly notify the Client of any changes to the Contract in writing.
The Client cannot assign or otherwise transfer any of its rights or obligations under the Contract without the prior written consent of the Provider.
The relationship between the Provider and Client arising from the Contract does not form a joint venture or partnership between the parties.
ADVERTISING IN ROMER APP
The Client understands that by submitting an advertisement Order Form, the Client agrees to pay for the Services associated with the Listing.
Where a Client submits an Order Form for a paid Listing/s the Client is entitled to:
A small write up in the app page about the deal or item on offer.
Choice of the title associated with the listing
Title of the business
One or multiple photos of the Client’s business/offer/item/deal to accompany the listing
Physical address and listing on the map including Longitude and Latitude
Filters or categories appropriate to accompany listing (dependent on acceptance)
The Provider will produce and publish the Client’s Listing and accompanying photograph. Final confirmation rests with the provider in all respects.
The Provider will maintain the app listing and ensure that the Client is provided with the necessary contact to make approved amendments to their Listing by the terms of this agreement.
The Listing or Post must comply with the guidelines and specifications (“Romer Business Brand Guidelines”) issued by the Provider.
The Provider, may in its sole discretion and without prior reference to the client, amend or remove any advertising material from Romer app in the Providers view that does not comply with the Guidelines or not accept.
Any amendment or request for removal made by the Provider will not reduce the amount payable by the Client to the Provider in respect of the Services provided or give rise to any claim against the Client.
The Provider accepts no responsibility for any errors contained in the Client’s business details on a paid listing.
The Client agrees that it will not use Romer Business listing or post for any inappropriate or offensive purpose.
All content in Romer app, the website, and social media platforms remain the property of the Provider.
CANCEL
Businesses can stop and start their advertising with Romer app by giving no less than 48 hours notice to the Romer team. If you have subscribed to a plan, you will be charged for the month if you have remaining days and can decide to use the advertising or not. If you have a flexible plan, you can have your advert and costs cancelled by giving no less than 48 hours notice in writing.
A small write up on the business (under the Romer brand guidelines) agreed to by both the client and provider.
One Instagram post
Photo (produced by the Provider) of the Client’s business/ good or service to accompany the listing
The Clients social media page to link in the post
An end of contract analytics report.
A small write up on the business (under the Romer brand guidelines) agreed to by both the client and provider.
One Facebook post
Photo (produced by the Provider) of the Client’s business/ good or service to accompany the listing
The Clients social media page to link in the post
An end of contract analytics report.
SUPPLIERS TERMS AND CONDITIONS
The Client agrees to ensure that all advertising material uploaded by the Client to their Website and App Listing complies with the guidelines and specifications (“Romer Brand Guidelines”) issued by the Provider.
The Provider has the right to publish advertisement analytics through channels such as the website and reports however the client may in its sole discretion and without reason request the information to be removed.
The Provider, may in its sole discretion and without prior reference to the client, require the Client to amend or remove any advertising material from the Website or App Listing in the Providers view that does not comply with the Guidelines.
Any amendment or request for removal made by the Provider will not reduce the amount payable by the Client to the Provider in respect of the Services provided or give rise to any claim against the Client.
The Client undertakes to keep all of its details on the App Listings accurate and up to date when uploading a listing. The Provider accepts no responsibility for any errors contained in the Client’s business details.
The Client agrees that it will not utilise its access to its Website and App Listing for any inappropriate or offensive purpose.
The Provider reserves the right to edit or refuse to publish content, and remove the Listing from the Website or App.
PAYMENT FOR SERVICE
The Tax Invoice issued by the Provider to the Client determines the price for the Services provided to the Client.
The Provider reserves the right to change the price for the Services provided to the Client from time to time. The Provider will notify the Client of any change in rate through the issue of an amended Tax Invoice.
Payment must be received by our online payment system on confirmation of the order (“Due Date”).
The Client will not be entitled to a Listing on the App or social media until full payment is received from the Client.
Payments not made on the Due Date may, at the Provider’s sole discretion, bear interest from the Due Date at a rate of 2% per month until the Tax Invoice is paid in full.
The Client shall be liable for all costs and expenses including and without limitation legal fees on a solicitor/client basis in respect of the recovery of all debts by the client to the Provider under this agreement.
TERMS AND CONDITIONS FOR ELECTRONIC FUNDS TRANSFER (EFT)
These terms and conditions govern on demand, and recurring Electronic Funds Transfer(s) (EFTs) services Romer LIMITED (Romer) provides to you in accordance with the instructions you have provided to Romer, including EFTs from one Romer account to another and EFTs to or from financial institutions (FI) originated on your behalf by Romer (the Service). In these terms and conditions, the words “you” and “your” refer to all the owners and properly authorized parties of the Romer account(s) to or from which you designate EFTs to be made (Romer Account), and “we”, “our”, “us” and “ours” refer to Romer. The FI account, as designated by you, can be your account or an account belonging to another person, and it may be an account with us held by someone other than you (FI Account, and collectively with Romer Account, the Accounts). You agree that you will not initiate any EFTs that violate the laws or these terms and conditions.
You have authorised us to transfer funds to or from the Accounts. By providing your authorisation, you accept these accompanying terms and conditions:
a) The EFT Service. We will initiate certain on demand and recurring debit or credit entries to the Accounts in amounts designated by you from time to time. You authorise us to initiate debit or credit entries to or from the Accounts to correct erroneous or duplicate entries.
b) For an on-demand EFT to debit your Romer Account, the funds will be debited from your Account on the Requested Process Date or the following business day. For an on-demand EFT to credit your Romer Account, the funds will be credited to your Account on the business day on which they are received by us.
c) Recurring transfers will be initiated following your instructions received through our online forms and requests.
d) Our Right to Terminate. You acknowledge that we may discontinue your authorisation to make EFTs to or from your Romer Account, including recurring EFTs, or the Service at any time. If we do so, we will give notice as required by applicable law.
e) Your Authorization Rights. You understand in some instances Romer charges will vary to the results we achieve agreeing to the costs involved.
f) Stopping Payments. If you have told us in advance to make a payment or payments from the Accounts, you can stop the payment or payments by calling us at +64277129993, any business day from 7:00 a.m. to 7:00 p.m. Central time, or by writing to us at business@romerapp.net
g) We must receive your request three business days or more before the EFT is scheduled to be made, so that we may have a reasonable opportunity to act on your request. If you call us, we may also require that you put your request in writing and send it to us within 14 calendar days after such call.
h) Notice of Varying Amounts. If you authorise regular payments which may vary in amount, Romer will invoice with analytics you. If you do not agree you are expected to let, us know within three business days of the payment being made.
INTELLECTUAL PROPERTY
The client acknowledges that the information, text materials, photographs, graphics, audio and visual clips, logos, trademarks (whether registered or not) advertisements, layout, arrangement, graphical user interface, button icons, look and feel and control features of the Website, App and social media are protected by copyright, trademark and other intellectual property laws and are wholly property of the Provider.
The Client must not modify, copy, reproduce, republish, frame, distribute or communicate any part of the Website, App or social media or any of the information contained in them or otherwise use the Website, App or social media in a way which will infringe the Provider’s or other clients intellectual property or other rights.
The Client must not use any of the trademarks, logos, text materials, graphics and photographs displayed on the Website, App or Social Media whether the Providers or other clients without the express permission of the Provider. Any unauthorised use of such material is strictly prohibited. The client indemnifies the Provider against any third party claims concerning any breaches of the contract.
LIABILITY
The Provider has no liability to the Client, and the Client releases the Provider about any failure of telecommunications services or systems that affect the Provider’s receipt of the Client’s communications or the publication of the Promotional Content on the website/ app or social media.
The Provider shall not be liable to the Client for any indirect or consequential loss of any kind including, without limitation, loss of profits in respect of any matter arising in connection with the Contract.
Without limiting the above clause, the maximum liability of the Client under or in connection with the Contract is limited to 50% of the Tax Invoice.
CONFIDENTIALITY AND PRIVACY
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the other party’s Confidential Information.
The Provider’s collection of information from the Client is to provide the Services and invoicing. The Provider undertakes not to use the Client’s information for any other purpose than what is outlined in detail within our privacy policy (www.romerapp.org/legal)
Where a Client has an overdue account, the Provider may disclose the Client’s information to any debt agency or legal adviser to recover the amount due.
TERM
The term of the contract is ongoing from the date of the signed Order Form or payment of original Tax Invoice. The Client may terminate the Contract at any period, giving 48 hours written notice.
Where a Contract has been formed under these Terms, the Provider reserves the right to terminate this contract at any time in its absolute discretion, without giving reasons. The client shall otherwise have no claim of any kind whatsoever following such termination.
VARIATION OF THE TERMS
The Provider reserves the right to change or amend the terms of the contract from time to time.
GENERAL
Where there is any inconsistency between the Order Form and the Tax Invoice, the Order Form will prevail.
All communications under and in connection with the Contract must be in writing, including, but not limited to each notice, consent, approval, request, and demand.
All communications under this agreement are to be served by each party on the other by email using the contact details provided in the Order Form but are not necessarily part of the contract.
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
RESULTS
The team at Romer will be able to access at anytime your businesses advertising results and use these results for case studies. The Client, may in its sole discretion and without prior reference to the provider, ask the provider to amend or remove any advertising result material from the Website or App Listing.
CONTACTING ROMER
If you have any questions about these terms and conditions, you can contact us, care of the following details: