Terms & Conditions
Note: We may change the terms and conditions contained in this Agreement from time to time but will notify all subscription clients in writing (30) days prior to any changes that affect the price and/or the way you are able to use our Services.
Last updated: 20 January 2018
1.1 Direct Debit from Credit Card
You authorise Downright Brilliant to direct debit your monthly subscription from your nominated credit card on the same date every month for the duration of the minimum contract period then every month thereafter, without renewal notice, until you cancel. Your billing date is the day of the month you made the first payment.
1.2 Subscription Starts Immediately
Your subscription begins as soon as your first payment is processed. If this falls in the last 7 days of the month and you wish to have your first newsletter dated for the following month, you can request your second payment be deferred until the 1st of the following month, effectively meaning you have up to 7 days free subscription. Your billing date will change to the 1st of the month from thereon in.
1.3 Authorisation to Direct Debit Pre-Approved, Additional Charges
You authorise Downright Brilliant to direct debit your credit card for any additional amounts you pre-approve, as they fall due. This includes but is not limited to printing costs, design and work outside the scope of the standard service.
1.4 Undertaking to Keep Your Credit Card Current with Sufficient Available Funds
You agree to keep your nominated credit card current with sufficient available funds to enable all direct debits to be processed as they fall due and to notify us of any changes to your credit card details.
1.5 Email Invoicing
You will receive a tax invoice by email immediately following a successful direct debit from your credit card.
1.6 Debt Collection
If a direct debit is declined you will receive immediate notification by email. Our system will try again every 3 days for 15 days. If subsequent direct debit attempts are also declined your subscription will be disabled at the end of 15 days. You will still be obligated to pay any outstanding amounts, including the contract cancellation fee, if applicable.
1.7 Merchant Account Name
Payments will appear on the customer’s account as “Downright Brilliant”. This is the trading name used by Open Door Marketing Ltd.
All prices are in New Zealand dollars (NZD).
2.1 Minimum Term
The minimum term for a subscription is six (6) consecutive months. After the minimum term your subscription will continue on a month to month basis without renewal notice until you request cancellation.
2.2 Contract Cancellation Fee
If you cancel your subscription during the minimum term, for any reason, you will be billed for 50% of your remaining contract obligation.
2.3 Changing Subscription Type
If you change to a subscription level with a lower monthly price, you will be billed for 50% of your remaining contract obligation, calculated on the price difference between the two subscription levels.
3.0 Subscription Cancellation
3.1 Notice Period
You must give 30 days’ notice prior to cancellation taking effect.
3.2 Cease Using Marketing Materials Immediately
When your membership is cancelled you agree to immediately cease using any and all marketing materials supplied by Downright Brilliant. To continue using marketing materials after you have cancelled your subscription would be an infringement of copyright. This is illegal.
3.3 Relinquish Rights to Your Exclusive Area Unit(s)
You acknowledge that when you cancel your subscription you relinquish exclusive rights to your Area Unit(s) which will then be offered to other real estate agents.
3.4 Subscription “Holidays” Not Permitted
Your monthly subscription is payable whether or not you choose to place an order in any particular month. In order to provide a fast and affordable service we start work on your newsletter a month before it is available to order. Also, because we guarantee you exclusive rights to mass distribute our products in your allocated Area Unit(s), in any month you do not place an order, we are unable to offer our services to any other agent in that area.
If you are unable to distribute your marketing materials due to illness, holiday, workload or any other reason, consider using our Letterbox Distribution or Bulk Mail Services.
4.0 Newsletter Ordering System
All your images, testimonials etc are kept on file. On the first (1st) working day of every month we will email a sample of the new month’s newsletter and a link to the form on our website to upload any new property photos, testimonials etc. You will receive three reminders but we cannot be held responsible if you forget to place your order for the month. No refunds will be given in such cases.
All images and text required to personalise your newsletter must be uploaded via the on-line order form. An efficient process enables us to offer an affordable newsletter. Receiving instructions by email, phone or txt reduces our efficiency and will incur a $20+gst administration charge if not remedied.
4.1 Minor Revisions
The quoted price includes one newsletter revision for minor changes (e.g. adding a “sold” sticker, changing one photo). All changes must be requested at one time through the same revision request form. Additional revisions are $20+gst each.
4.2 Major Changes or Customisation
In order to provide an affordable service, we have designed behind the scenes systems to ensure an efficient production process. Any newsletter additions or alterations, beyond the standard service, are charged at $40+gst/hour with a minimum $20+gst charge. If you can provide artwork to insert into the existing template, without requiring any changes from us, there will be no additional charge. Please contact us if you wish to discuss charges first.
You are responsible to proofread your marketing materials carefully before printing or emailing. We take the utmost care to ensure your material is delivered error free first time but we do sometimes make mistakes. We cannot be held responsible for errors found after printing or emailing.
5.0 Exclusive Rights to Mass Distribute Print Marketing Materials
5.1 How This Protects Your Competitive Advantage
To protect your competitive advantage, Downright Brilliant grants you exclusive rights to mass distribute our print products to all households in one or more mapped Area Units, as agreed upon at the time of your subscription or as re-negotiated with us from time to time.
You must check with us that the Area Unit(s) containing your desired geographical area (often known as a “farm” area) are available, prior to subscription.
We guarantee we will not permit any other real estate agent to also mass distribute our print products in your allocated Area Unit(s).
5.2 What is an “Area Unit”?
An Area Unit is a mapped, geographical area defined by Stats NZ. Boundaries cannot be altered to suit individual requirements.
Stats NZ regularly updates the population of each Area Unit, occasionally also altering the Area Unit name and boundary. We reserve the right to re-negotiate your allocated Area Unit(s) when this happens.
You will receive an Exclusive Rights Agreement with a map of your allocated Area Unit(s), and a copy of these Terms & Conditions, soon after you subscribe.
5.3 To How Many Households Can I Mass Distribute?
Standard pricing is for exclusive rights to mass distribute to as many Area Units as required, up to a total population of 4000 households. Area Unit household counts are as published by Stats NZ.
You do not have to mass distribute to all households in your allocated Area Unit(s). The number of households to which you distribute is over to you.
Exclusive rights to additional Area Units are available. Ask for a quote.
5.4 What is “Mass Distribution”?
Mass distribution means delivery, by hand or by post, as addressed or unaddressed mail, to any series of letterboxes selected due to their close proximity to one another.
Note you can post our print marketing materials, or email a digital version (if provided as part of the standard service), to any individual homeowner, anywhere, provided total circulation by all methods does not exceed the total maximum circulation stated in 6.6.
5.5 Mass Distribution Outside Your Allocated Area Unit(s) Not Permitted
For the purposes of clarification, you cannot hand-deliver our print marketing material as unaddressed mail to any letterbox outside the boundaries of your allocated Area Unit(s).
You cannot post or hand-deliver our print marketing material as addressed mail to any series of letterboxes that are outside the boundaries of your allocated Area Unit(s).
If you do not want to mass distribute our print marketing materials, you will not be allocated exclusive rights to any Area Unit. You are therefore not permitted to mass distribute our print marketing materials anywhere. Contact us anytime to request exclusive rights to an Area Unit.
We reserve the right to cancel your subscription immediately, without compensation, should you breach these terms and conditions by mass distributing our marketing materials outside your allocated Area Unit(s).
We cannot be held liable or responsible for any loss or damage incurred by you, or any other person, should another person choose to disregard these terms and conditions and distribute our marketing materials in your allocated Area Unit(s). If there is an issue, please notify us immediately.
5.6 Total Circulation by All Media Must Not Exceed 5000 Households
Circulation of any item of print marketing material by a combination of any media, including but not limited to email, post and/or mass distribution in your allocated Area Unit(s) must not exceed a total of 5,000 households.
6.0 Print Service
6.1 Approval of Artwork
By placing a print order, you acknowledge that you have proofed and approved your artwork and therefore accept all responsibility for errors. We cannot be held responsible for errors found after printing.
6.2 Colour Variation
You acknowledge that colours on your computer screen will vary from the printed result. If you want to be certain of the printed colour, consider requesting a colour proof before placing your final order.
We will endeavour, but cannot guarantee, to deliver your printed marketing materials within the timeframe specified. We shall not be liable for failure to deliver or delay in delivery caused by any event beyond our control, including but not limited to loss or damage in transit. We shall not be held responsible for any loss or damage incurred by you, or any other person, caused by any delay.
6.4 Refunds & Returns
If for any reason you are not 100% satisfied with the quality of your printed marketing materials, excluding the situations set out in the above clauses, we will give you a 30 day money-back guarantee from the date of your order. Please contact us within that time if you are not satisfied. We will first try to rectify the problem but if you are still not satisfied, we will refund your money.
You must contact us regarding any problems prior to circulating your marketing materials. This refund policy does not apply if your marketing materials have already been circulated.
All physical products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre-pay all postage.
You assume any risk of lost, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. Open Door Marketing Ltd will not be responsible or parcels lost or damaged in transit if you choose not to insure.
7.0 Letterbox Distribution Service
We will endeavour, but cannot guarantee, to distribute your marketing materials within the timeframe specified in your order. We shall not be liable for loss or damage of marketing materials, failure to deliver or delay in delivery caused by any event beyond our control. We shall not be held responsible for any loss or damage incurred by you, or any other person, caused by any delay.
You acknowledge that:
- Our Letterbox Distribution Service is outsourced to a Contractor of our choosing;
- Actual delivery times may vary due to factors beyond our control;
- We will not deliver your marketing materials to letterboxes displaying “no circulars” or a similar sign;
- Independent distributors and deliverers used by our Contractor may fail to undertake their tasks in an appropriate manner due to a variety of circumstances including but not limited to:
- adverse weather conditions,
- a lack of deliverer’s willingness to undertake the delivery service.
- Your marketing materials may be distributed at the same time as marketing materials belonging to one or more other businesses.
8.0 Copyright Ownership
Open Door Marketing Ltd retains copyright ownership of all marketing materials. You cannot copy and paste content or distribute it in any form other than in the as-supplied formats. This includes copying text and images from your newsletter and any other marketing materials to any other printed or digital format including, but not limited to HTML email, website, blog, Facebook, Twitter, LinkedIn.
Your as-supplied PDF newsletter can however be emailed as an attachment or offered as a download from your website. A link to your as-supplied HTML email can be shared or posted on websites and social media.
9.0 Content License Non-Transferrable
Marketing materials are licensed for your use only. Content and design cannot be on-sold, copied or used by any other business or person other than the individual purchaser.
10.0 Your Legal Obligations
You must agree to abide by all relevant New Zealand law and industry codes of practice. We cannot be held accountable for your failure to do so. This includes but is not limited to:
- Real Estate Agents Act 2008
- Postal Services Act 1988
- Unsolicited Electronic Messages Act 2007
- Marketing Association Code of Practice For The Distribution Of Unaddressed Mail
- Gambling Act 2003 (if you offer a prize draw)
10.1 Unsolicited Electronic Messages (SPAM)
You agree not to email any of our products as SPAM. You are responsible to maintain a clean email list i.e. obtain and maintain permission to contact every person on your list as per Unsolicited Electronic Messages Act 2007.
10.2 Obtaining Client Permission to Use Testimonials
You are responsible to request clients’ permission to use their testimonials in your marketing.
10.3 Obtaining Buyer’s Consent to Use Sold Photos
You are legally required to obtain the buyers permission to advertise their home as “SOLD” after settlement is complete. This is your responsibility.
Downright Brilliant has purchased access to REINZ Zone Statistics and has been authorised to use them in marketing material for REINZ members only. Provided you are a current REINZ member we can access and insert a limited range of data from REINZ Zone Statistics. We cannot source statistics for non-REINZ members.
If you wish to supply more detailed, suburb-specific statistics you can upload a file containing statistics with your on-line order. Please note that although REINZ Statistics User Agreement prohibits you from providing REINZ statistics to other parties, Downright Brilliant has received an exemption with strict conditions around how we use the data. You are permitted to supply us with suburb level counts and medians which will be used exclusively for your marketing material. If you wish to confirm this exemption please contact REINZ Business Analyst, David Shaw at email@example.com.
You cannot use a list of individual property addresses and sale prices in your marketing material unless these are sourced exclusively from your own database. Refer to your REINZ Statistics User Agreement for more detail about what you can and cannot do with REINZ statistics.