TERMS + CONDITIONS

Terms & Conditions of Sale

These Terms and Conditions apply to all goods and services (the Products) supplied by Shout Advertising Limited T/A Shout Media (Shout Media) to the customer (the Customer). By signing an agreement, the Customer accepts these Terms and Conditions.

1. Acceptance

These Terms and Conditions apply to all campaigns unless otherwise agreed in writing.

2. Products and Pricing

Products and services are described in Shout Media’s invoices, quotations, booking forms, or other sales materials. Prices exclude GST unless otherwise stated. GST will be charged in accordance with the Goods and Services Tax Act 1985.

3. Payment Terms

Payment is due no later than the 20th of the month following invoice date unless otherwise agreed in writing. Payment must be made either by direct credit (bank transfer) to the account specified on the invoice, or by credit card via the link provided on the invoice. A processing fee may apply to payments made by credit card.

All payments must be made in full, without deduction or set-off. If payment is not received on time, Shout Media may charge interest at 4% above its bank’s base rate, and recover all associated costs (e.g., debt collection, legal fees, administration fees).

Credit terms may be extended at Shout Media’s discretion following a satisfactory internal credit assessment, which may include seeking external credit references. A credit application form will be provided for completion as part of this process. Where a new Customer does not yet have an established payment history, full or partial payment may be required in advance. Once a payment history has been established, standard credit terms can usually be applied.

4. Delivery and Installation

4.1 Standard Media Cycles

Campaign delivery and installation follow Shout Media’s standard media cycles, which vary by format.

4.2 Street Posters

Street Posters generally follow a weekly cycle, with installations typically occurring over the weekend and posters refreshed weekly.

In the event of unforeseen circumstances beyond Shout Media’s control, including extreme weather, where posters cannot be installed by the scheduled Monday start, installation will occur as soon as possible thereafter. Weather damaged or incorrect installations will be rectified within 48 hours.

If a campaign requires strict start or end dates, customers must confirm these before the campaign commences so that Shout Media can plan accordingly. Mid-cycle installations or removals may incur additional costs.

4.3 Murals / Special Builds

Mural and Special Build formats are bespoke in nature and are tailored to individual client requirements. Due to the custom nature of these formats, Shout Media may require additional information from the Customer during the production process in order to confirm the scope and feasibility of the proposed concept.

Installation of Mural and Special Build formats may require additional time, depending on the scale, complexity, site requirements, and conditions of each campaign. The expected installation timeline for each campaign will be communicated to the Customer prior to the campaign live date.

Where installation is delayed due to adverse weather or other conditions beyond Shout Media’s reasonable control, Shout Media will use reasonable endeavours to complete installation as soon as practicable. The safety of Shout Media’s staff will take precedence in all circumstances. Given site demand and scheduling constraints, Shout Media is unable to guarantee campaign extensions where delays arise from such circumstances, and no make-good, credit, or refund will apply on that basis.

4.4 Static Formats

Other static formats (such as Dairy Posters or long-term placements) may have longer media cycles—for example, monthly—and installations may occur in the week prior to the campaign start date.

4.5 Digital Campaigns

Digital campaigns (such as StreetLED or other digital formats) are dynamic and flexible, with start and end dates arranged as required and typically run Monday–Sunday, with flexibility offered upon request.

5. Cancellations

All cancellations must be made in writing.

30 or more days’ notice: No penalty.
15–30 days’ notice: Up to 50% of order value may be charged.
Less than 15 days’ notice: Up to 100% of order value may be charged.
After campaign commencement: 100% of the order value is payable.

In the event of cancellation within one month of a scheduled Street Poster campaign, Shout Media may issue a credit to the advertiser, valid for 12 months from the date of issue.

6. Campaign Issues or Discrepancies

The Customer must review and confirm all campaign details (including sites, dates, and creative) before installation. Any concerns regarding campaign delivery, placement, or performance must be raised in writing within 7 days of the campaign start date.

Shout Media will use reasonable endeavours to resolve any verified issues, which may include a make-good placement or credit at its sole discretion.

Unless expressly agreed in writing, Shout Media does not guarantee audience numbers, impressions, engagement levels, or any particular commercial outcome arising from a campaign.

7. Customer Responsibilities and Conduct

The Customer undertakes that no advertisement will:

Infringe any copyright, trademark, or other intellectual property rights;
Contain material that is obscene, offensive, or defamatory;
Mislead or deceive, or breach the Fair Trading Act 1986 or other applicable law

The Customer must ensure all creative material complies with relevant advertising standards and is delivered within agreed lead times. If running multiple creative versions (more than five), or if hard proofs are required, additional time and costs may apply.

The Customer indemnifies Shout Media against any claim, loss, damage, liability, cost or expense (including legal costs on a solicitor-client basis) arising out of or in connection with the content of any advertisement supplied by the Customer, or any breach of this clause.

Guerrilla and Non-Consented Activity

Where advertising activity is requested on Council land, road reserve, or third-party property without formal consent or approval, the Customer acknowledges that such activity is non-consented and may be removed, altered, or interfered with at any time by the relevant authority or landowner.

Shout Media will use reasonable endeavours when installing and placing non-consented media; however, campaign duration, continuity, and visibility cannot be guaranteed, and removal may occur without notice. No make-good, refund, or credit applies where media is removed, altered, or disrupted as a result of enforcement action, third-party intervention, or lack of consent, so long as your Shout representative has outlined the risks prior to the activity.

8. Artwork and Creative Usage

By confirming a campaign, the Customer grants Shout Media permission to use images of the placed material for marketing purposes (e.g., website, social media, newsletters), unless otherwise requested in writing.

Artwork must meet Shout Media’s format and lead time requirements. Late or incorrect supply may result in delays or additional charges.

If your campaign requires strict creative placement (for example, multiple panels per site where run-on is not desired), this must be discussed and confirmed before campaign commencement, as additional planning or costs may apply.

If hard proofs are required, this must be communicated upfront. Shout Media will supply up to 3x hard proofs free of charge; additional proofs will incur costs. Hard proofs cannot be guaranteed where creative is delivered late.

9. Liability

Shout Media is not liable for any indirect or consequential loss, including loss of profits, business, or reputation. Shout Media’s total liability for any claim shall not exceed the total value of the order.

Shout Media has no liability for loss or damage caused by:

Events beyond its control, including weather or vandalism;
Any act or omission by the Customer; or
Misuse of Products.

10. Default

If Shout Media believes the Customer may not meet payment obligations, it may:

Demand immediate payment of outstanding amounts;
Require prepayment or security before proceeding; and/or
Withhold delivery or installation.

All collection and legal costs incurred by Shout Media in recovering unpaid amounts will be payable by the Customer.

Shout Media may suspend or remove any campaign, without liability, where payment is overdue, where the Customer is in material breach of these Terms, or where Shout Media reasonably considers the advertisement exposes it to legal, regulatory, or reputational risk.

11. Termination

Shout Media may terminate any booking immediately by written notice if the Customer commits a material breach that is not remedied within 7 days of notice, or if the Customer becomes insolvent, enters liquidation, receivership, or any arrangement with creditors. Termination shall not affect any accrued rights or payment obligations.

12. Confidentiality

All product, pricing, and campaign details are strictly confidential and must not be disclosed to third parties without written consent. This obligation excludes disclosure required by law or to professional advisers bound by confidentiality.

13. General

No waiver by Shout Media of any breach shall constitute a continuing waiver.
All Products and services are governed by New Zealand law. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the New Zealand courts.
If any clause is found unenforceable, the remaining provisions remain in effect.
No make-good, refund or credit applies for delays or damage arising from conditions outside Shout Media’s control, including weather, access denial, third-party alteration, or vandalism.
Force Majeure: Shout Media shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, extreme weather events, fire, flood, earthquake, civil unrest, strikes, labour shortages, supply chain disruption, governmental action, site access restrictions, or failure of third-party suppliers. In such circumstances, Shout Media may suspend, extend, reschedule or modify the affected campaign without liability.
Shout Media may update these Terms from time to time. Any updated Terms will apply to campaigns booked after the date of publication.

14. Vandalism

Shout Media is not liable for any form of vandalism, including tagging, ripping, removal, obstruction or interference. Shout Media will respond to vandalism and damage in a reasonable timeframe and in alignment with operational access, available inventory, safety conditions, and print/production capacity.

14.1 Posters

Posters will be repaired or replaced within 48 hours of notification, subject to weather, safety, and site access conditions.

14.2 Murals / Special Builds

Mural and special build formats are bespoke in nature. Shout Media will work with the client to assess and repair any vandalism or external damage; however, Shout Media reserves the right to pass on any associated repair or production costs, including specialist materials, fabrication, labour, repainting, or artist involvement.

Shout Advertising Limited T/A Shout Media

190 Ponsonby Road, Auckland, New Zealand