Terms of Trade
Terms of Trade
Anavrin Media
Effective August 2026
1. Definitions
In these Terms unless the context requires otherwise:
- Company means Anavrin Ltd.
- Client means the person or company engaging the Company for Services.
- Services mean the digital marketing, advertising, content production, social media management and related services supplied by the Company.
- Deliverables mean the finished materials produced by the Company for the Client, including video, audio, photography, graphics, copy, campaign assets and reports.
- Project Materials mean all working files, raw footage, unedited audio, project files, source files and other production assets created in the course of producing the Deliverables.
- Client Materials mean any content, artwork, logos, trade marks, footage, data, credentials or information supplied by the Client to the Company.
- Platform means any third party service used in delivering the Services, including YouTube, Instagram, Facebook, TikTok, Google, and any advertising or analytics system.
- Contract means the contract between the Company and the Client.
- Date of Contract means, where the Contract arises from a quotation: (i) the date the Company accepts the order; or (ii) the date written notification of acceptance of the quotation is received by the Company.
- Contract Price means the price agreed between the Client and the Company.
- Media Spend means funds paid to a Platform for advertising placement, distinct from the Company’s fees.
- Person includes a corporation, association, firm, partnership or individual.
- Quotation means a fixed term price offer.
- Manager means the Company’s appointed decision maker.
2. Quotation
The Client may request a quotation setting out scope, deliverables and price. If acceptable, the Client may accept the quotation within the stated timeframe. A quotation is based on the scope described at the time and may be revised if that scope changes.
3. Acceptance
Any instruction from the Client to commence Services constitutes acceptance of these Terms. Upon acceptance, the Terms are definitive and binding.
4. Application of Terms
These Terms (and any later versions issued by the Company) apply to all engagements entered into after they are first delivered, emailed or otherwise brought to the notice of any employee, staff member or representative of the Client. It is the Client’s responsibility to ensure its staff are promptly notified. Any instruction given thereafter is deemed acceptance of these Terms.
5. Price
The Price is as stated on the Company’s invoice, quotation or statement of work or, if none, the Company’s current price list at the date the Services are performed.
Time for payment is of the essence and is stated on the invoice, quotation or engagement form. If none is stated, payment is due seven days after invoice date.
The Client agrees the cost price is determined solely by the Company and includes one off costs such as concept development, pre production, design and production.
At the Company’s sole discretion a deposit may be required; engagements over $500 require a 50% deposit before work commences.
Recurring retainers and subscription services are invoiced in advance for each billing period.
The Company may charge for alterations to the agreed scope, brief or specifications after work has commenced.
GST and other applicable taxes and duties are added to the Price unless expressly included.
6. Media Spend and Third Party Costs
Media Spend, licensing fees, stock assets, music licences, talent fees, location hire, travel and other third party costs are additional to the Company’s fees unless expressly stated otherwise.
Media Spend is payable in advance. The Company is not obliged to fund, underwrite or continue any campaign where Media Spend has not been received.
Where the Company holds Media Spend on the Client’s behalf, it will be applied only to the campaigns agreed. The Company is not liable for Platform billing errors, refunds withheld by a Platform, or funds lost through Platform account suspension.
7. Payment, Late Payment, Default and Consequences
Payment may be made by direct credit, card or any other method agreed.
Any dispute regarding an invoice must be notified within 7 days of receipt. The Client must pay the undisputed portion immediately and may withhold only the disputed amount until resolved in good faith.
Late payment incurs interest at 20% per annum calculated daily from the due date until payment, without prejudice to other rights.
If the Client breaches any obligation (including payment), the Company may suspend or terminate the Services and its other obligations without liability for any loss or damage suffered by the Client.
Overdue payments allow the Company to pause campaigns, withhold Deliverables and suspend access until paid in full.
After 30 days overdue, an administration fee of the greater of $20 or 10% of the overdue amount (capped at $200) is levied per month and becomes immediately payable.
If any money becomes overdue, or the Company reasonably believes the Client cannot meet payments, or the Client becomes insolvent, convenes a creditors’ meeting, enters an arrangement with creditors, makes an assignment for creditors’ benefit, or has a receiver, manager, liquidator or similar appointed, then the Company may cancel any unperformed work and all amounts owing (whether due or not) become immediately payable, without prejudice to other remedies.
8. Client Obligations
The Client must provide briefs, approvals, feedback, access and Client Materials in a timely manner. Delays caused by the Client may shift agreed timelines and may incur additional charges.
Where the Client provides access to accounts, pages, channels or advertising systems, the Client warrants it is authorised to grant that access and remains the owner of those accounts unless agreed otherwise in writing.
The Client warrants that all Client Materials are accurate, lawful, and that it holds all necessary rights, licences and consents. The Client indemnifies the Company against any claim arising from the Company’s use of Client Materials as instructed.
9. Approvals and Revisions
Each Deliverable includes the number of revision rounds stated in the quotation. If none is stated, two rounds are included. Further revisions, and any change of direction after approval of a concept, script, edit or campaign structure, are charged at the Company’s current rates.
A Deliverable is deemed approved if the Client does not provide consolidated feedback within 10 working days of submission.
10. Production, Scheduling and Cancellation
Shoot dates, recording sessions and publication dates are confirmed in writing. The Company will endeavour to meet agreed dates but is not liable for any loss or damage arising from delay, including delay caused by weather, illness, talent availability, equipment failure or Platform outage.
A confirmed booking cancelled or postponed by the Client with less than 5 working days’ notice is charged at 50% of the booked fee, and with less than 48 hours’ notice at 100%, together with any non recoverable third party costs already committed.
Either party may terminate an ongoing retainer by giving 30 days’ written notice. Fees for work performed and costs committed up to the termination date remain payable.
11. Results, Performance and Platforms
The Company does not guarantee any particular result, including views, reach, impressions, engagement, follower growth, subscribers, search rankings, leads, sales or return on investment. Any projection or forecast is an estimate only.
The Platforms are controlled by third parties. The Company is not liable for changes to Platform algorithms, policies, pricing, features or availability, or for any suspension, restriction, demonetisation, shadow banning, removal of content or termination of a Client account by a Platform.
12. Intellectual Property
Copyright and all other intellectual property in the Deliverables and Project Materials created by the Company remain vested in the Company until the Contract Price and all other monies owing by the Client under this or any other contract with the Company are paid in full.
Upon payment in full, the Client receives a non exclusive, perpetual licence to use the Deliverables for the purposes described in the engagement. Any broader assignment of copyright must be agreed in writing and may attract an additional fee.
Project Materials remain the property of the Company at all times and are not supplied to the Client unless expressly agreed in writing.
Where the Company produces content for its own channels, or for channels it owns or manages, all rights in that content remain with the Company or its licensors.
The Company may retain and display the Deliverables in its portfolio, showreel, case studies and marketing materials, unless the Client requests otherwise in writing before the engagement commences.
The Client warrants that all designs, instructions or Client Materials supplied will not cause the Company to infringe any copyright, patent, registered design or trade mark.
13. Content Standards and Advertising Compliance
The Company will not produce or publish content that is unlawful, defamatory, misleading or in breach of the Advertising Standards Authority codes or the Fair Trading Act 1986.
Where content is sponsored, gifted or otherwise commercially influenced, it will be disclosed as required by law and by the relevant Platform’s policies. The Client agrees not to request the removal or concealment of any such disclosure.
The Client is responsible for the accuracy of all product claims, testimonials, pricing and offers it supplies.
14. Talent, Releases and Location
Where identifiable persons appear in a Deliverable, the party engaging that person is responsible for obtaining the necessary appearance releases and consents. Where the Company engages talent, the release obtained will cover the agreed usage only; extended or additional usage may attract further fees.
Location permits, access and any associated fees are the Client’s responsibility unless expressly quoted.
15. Storage and Archiving
The Company will retain Project Materials for 90 days following delivery, after which they may be deleted without notice. Longer term archiving may be arranged for an additional fee. The Client is responsible for keeping its own copies of all Deliverables supplied.
16. Confidentiality
Each party will keep confidential all non public information received from the other and use it only for the purposes of the engagement. This obligation survives termination.
17. Privacy
The Company will handle all personal information in accordance with the Privacy Act 2020 and will keep Client data private and confidential. Where the Company is given access to a Client account or audience data, it will use that access only as required to deliver the Services.
18. Liability
To the maximum extent permitted by law, the Company’s total liability arising from the Services, however caused, is limited to the fees paid by the Client for the specific Deliverable or billing period giving rise to the claim.
The Company is not liable for any indirect or consequential loss, including loss of profit, revenue, goodwill, reputation, audience, data or business opportunity.
The Company is not liable for any loss, damage or injury to the Client’s servants, agents, contractors, customers, visitors or others. The Client indemnifies the Company against any such claims.
19. Consumer Guarantees Act 1993
If the Client acquires or holds itself out as acquiring the Services for business purposes, the Consumer Guarantees Act 1993 does not apply.
20. Governing Law
These Terms are governed by the laws of New Zealand, which has exclusive jurisdiction over any dispute relating to the Services or these Terms.
21. Dispute Resolution
The Company will endeavour to resolve disputes without court proceedings. Any such attempt is without prejudice to legal rights.
22. General
The Company may change these Terms from time to time.
23. Severability
If any provision is invalid or unenforceable, the remainder remains in full force and the parties will adjust their rights and obligations to reflect the original intent.
24. Client Information
The Client warrants all information supplied is true and correct and acknowledges the Company relies on it. The Client must notify the Company of any changes.
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Copyright ©2026, Anavrin Ltd. All Rights Reserved.
Made in Auckland, New Zealand.