Our Terms of Business at yellow.co.nz/terms/terms-business and these Product Terms apply to Search Ads. Except with respect to clause 23 of our Terms of Business, in the event of any conflict between our Terms of Business and these Product Terms, these Product Terms shall take priority.
These Product Terms were last updated on 13 November 2019.
1.1 Search Ads help your business promote its products and services through advertising in the “Sponsored Links” sections of the Google search results page, above relevant search results (Advertisements). This is not the same as paid inclusion or placement in search results, which some search engines offer. Advertising normally requires you to have a Google Ad account. However, as a Google Premier Partner, we will provide you with a fully-managed Google Ads service, including account activation and management of your Advertisements.
Please see Yellow Search Optimisation for improving your rankings in the unpaid or "organic" search results of common internet search engines.
1.2 In these Product Terms:
Monthly Budget means the amount you agree to pay us for each Service Period, which covers:
a our set-up Charges (if any);
b our management Charges; and
c our estimated costs to purchase Advertisements for you;
Service Period means:
a the first Service Period will be from the date you signed up to the end of the first calendar month pro rated accordingly; and
b the subsequent Service Periods shall commence on the 1st day of each calendar month and end on the last day of each calendar month;
Total Budget means the budget allocated for purchase of Advertisements for any given Service Period plus any unused budget from the previous Service Period(s); and
Unused Budget means any part of a Monthly Budget that was allocated for the purchase of Advertisements but not used in the relevant Service Period.
1.3 In each Service Period, we will secure Advertisements for you in relevant categories, and with relevant geo targeting, up to the value of your Total Budget. Your Total Budget is only reduced when an end-user clicks on your Advertisements (Clicks). While we try to maximise the number of Clicks obtainable within your Total Budget, we do not guarantee the number of Clicks that will be achieved. Traffic amounts fluctuate and therefore your Total Budget may not be exhausted in any given Service Period. At the end of each Service Period, we will confirm how much of your Total Budget was spent, and report the number of Clicks that were achieved. Any Unused Budget will automatically roll over into the next Service Period.
1.4 You acknowledge and accept that we may use Unused Budget to secure analogous third party online advertising, including but not limited to Microsoft Bing, Facebook, LinkedIn and TradeMe ads (also called Advertisements).
1.5 You may:
a request changes to your categories, geo targeting, and any of your names, addresses or phone numbers used in Advertisements. Where any such change may affect our costs in purchasing Advertisements, and we receive your request within three business days of the next Service Period, the change may not take effect until the end of that Service Period; and
b increase your Monthly Budget at any time in writing to us, but you may not reduce your Monthly Budget until following the expiry of any Initial Term.
1.6 Your indemnity under clause 21 of the Terms of Business applies to any act or omission by you that causes you or us to be in breach of Google’s terms of service (including adwords.google.com/select/tsandcsfinder and https://policies.google.com/terms?hl=en).
1.7 Google and other third parties control their own services, access to which is therefore subject to change without warning.
1.8 You agree to contact us for support relating to Search Ads. In addition to phone support within New Zealand on 0800 803 803 during business hours, Monday to Friday (excluding public holidays), we will also reply to emails to firstname.lastname@example.org within 5 business days. You must immediately notify us if you receive a complaint relating to any Advertisement, and we reserve the right to respond on your behalf.
2.1 Unless your Order Form specifies an Initial Term, we will provide Search Ads on a continuing, monthly basis, from publication of your first Advertisement. You may terminate Search Ads in accordance with clause 5.1 of the Terms of Business.
2.2 Notwithstanding your termination of Search Ads, we may continue to secure Advertisements for you until your Total Budget is exhausted, and our Terms continue to apply to that date.
2.3 You acknowledge and agree that, following termination, we will retain admin access to the Search Ads account used to secure Advertisements for you, unless or until you request such access.