1. Terms and Conditions
1.1. These standard terms and conditions apply to all Goods and Services sold, supplied or performed by Hot Off The Press Publicity (HOTP).
1.2. Interpretation in these standard conditions; “Business Hours” means 9am to 5pm Australian Eastern Standard Hours; “Business day” means Monday, or Tuesday, or Wednesday, or Thursday, or Friday; “We” means HOTP; “You” or “Your” means the individual, individuals or organisation who have engaged HOTP; “Individual Contract” means a signed agreement and/or contract between HOTP and You
1.3. HOTP will supply such Goods and Services based on your written acceptance of
1.3.1. quote; or
1.3.2. email; or
1.3.3. proposal document, except where:
1.3.4. HOTP has expressly agreed in writing to provide such Goods and Services pursuant to a separate written agreement.
1.4. Services provided by HOTP are time and materials based.
1.5. HOTP does not guarantee media coverage as part of the services it provides.
1.6. You acknowledge that, unless expressly agreed to by HOTP in an Individual Contract, any terms and conditions included on a document issued by you such as a purchase order, confirmation, receipt (including the terms on any pre-printed purchase order form, or your standard retainer document) will not apply to the sale or supply of Goods and Services by HOTP to you or otherwise vary these terms and conditions.
1.7. The World Health Organization declared coronavirus (COVID-19) a pandemic. For this or any other infectious disease, pandemic or epidemic;
1.7.1. HOTP will not accept any financial risk for the Service it provides to You.
1.7.2. All Services will require 100% upfront payment before work will commence until further notice.
1.7.3. Refunds can be considered based on the Goods and Services that remain to be delivered by HOTP, as at the date of your written notification to HOTP of pandemic related event. Refund will be on a pro-rata basis as calculated by the HOTP, with stand-down activities factored into the calculation.
2. General Obligations
2.1. You agree to cooperate fully and act reasonably to assist in the timely progress and fulfilment of our obligations under these terms and conditions including, but not limited to, not unreasonably withholding or delaying the provision of any agreement, payment, acceptance, information, assistance or other resource required by us.
2.2. Publicity campaign lead-times are important. Longer campaign lead-times will generally attain the best media coverage for your publicity campaign. You acknowledge that having a short lead time for your campaign may reduce your media coverage.
2.3. You will provide HOTP with a minimum of 6 weeks lead-time between formal engagement of Services and your scheduled release or first event date.
2.4. We agree to cooperate fully and act reasonably and in good faith to ensure the timely progress and fulfilment of our obligations under this Contract.
2.5. We are not responsible for delays in delivery caused by reasons beyond our reasonable control. We are not liable for any delays. This may include delays to your campaign as a result of your failure to pay issued tax invoices on time, or delay responding to correspondence from HOTP.
2.6. If you choose to display HOTP’s contact information on your website, email or social media, you must only use;
2.6.1. Email address: firstname.lastname@example.org
2.6.2. Website address: https://www.hotoffthepress.com.au
126.96.36.199. (03) 9014 1096 [Australia]
188.8.131.52. (09) 887 0405 [New Zealand]
3. Your Requirements and Specification Information
3.1. You warrant that all information pertaining to your service requirements and specifications is complete, accurate and has been provided to HOTP in a timely manner.
4. Copyright, Copy Ownership and Title
4.1. You shall provide and hereby authorise HOTP to use your approved name, copy, biography, photographs, likeness and portraits in connection with the provision of the Services.
4.2. You hereby authorise HOTP to host your copyright material on its website and/or distribute such copyright material to media outlets for the duration of the campaign.
4.3. You hereby authorise HOTP to keep a copy of your data used in providing the Service on our technology systems during and after the Service completes, unless you notify us in writing otherwise.
4.4. You warrant that any content you provide to HOTP (including but not limited to existing publicity assets, bios, images, recordings, copy, etc.) shall not infringe the rights of you or any third parties including, without limitation, privacy rights, copyrights, contractual rights, etc.
4.5. You warrant that if required, HOTP is licensed to use and will not incur any fee for content described in 4.22 or 4.3.
4.6. Notwithstanding, with relation to copy;
4.6.1. All press release copy delivered or in progress remain the copyright of HOTP at all times.
4.6.2. Any press release whole or in part written by HOTP cannot be reused without the written consent of HOTP.
4.6.3. For biographies, once all monies owing have been paid in full, copyright ownership of the final produced copy only will be yours.
4.6.4. For website and social media copy, once all monies owing has been paid in full, copyright ownership of the final produced copy only will be yours.
4.7. At all times, HOTP retain the copyright (and any likeness) to, but not limited to, the document format and layout of press releases, interview schedules, and any other document or asset that might be used in the course of providing your Service.
4.8. You agree that you will not copy, forward or distribute any document or asset created by HOTP used or not used in the course of providing your Service, excluding those set out in 4.6.3 and 4.6.4.
5. Performance of Services
5.1. Unless otherwise agreed, the Services will be performed by HOTP during Business Hours of a Business Day. We agree to perform the Services in accordance with these Term and Conditions. We will perform the Services utilising such resources, employees and subcontractors as we deem appropriate.
6. Provision of interviews and interview scheduling
6.1. In order for HOTP to organise interviews, your availability will be confirmed at the start of the campaign.
6.2. You acknowledge that by changing your availability after it has been confirmed, that you may lose media opportunities that HOTP has organised.
6.3. Any changes in your availability must be provided to HOTP in writing at least 7 days prior to the proposed interview schedule.
6.4. Changes to your availability which are less than 7 days prior to the proposed interview schedule, can be rescheduled (media outlet dependent), however the reschedule will consume an existing future planned interview schedule slot.
6.5. Changes to availability which are less than 2 days prior to the proposed interview schedule, may have an impact with media to your brand. HOTP recommends that you make every effort to keep interview schedules as planned once you’ve confirmed your availability.
6.6. In the event that a media outlet is unavailable at the interview time, HOTP will attempt to reorganise the interview (media outlet dependent), for a mutually convenient time.
6.7. For interview rescheduling of confirmed interviews, HOTP reserves the right to charge a rescheduling interview fee.
7. Website Domain Registration, Management and Hosting
7.1. HOTP is an authorised reseller of website domains and website hosting by Synergy Wholesale.
7.2. You agree that website domain and/or website hosting products or services resold to You are bound by the Terms, Policies and Agreements that are set out on the Synergy Wholesale website. These agreements are located https://synergywholesale.com/documentation/
7.3. You agree that the website domain services are not refundable once the order has been processed. It is Your responsibility to check the accuracy of the details of the website domains that you register or renew.
7.4. HOTP does not guarantee that a domain name application will be approved.
7.5. Website domain name registration or renewal may be declined if You are in breach of any applicable Synergy Wholesale agreement
8. Prices and Payment
8.1. The Fee payable for the Goods and Services supplied by HOTP is set out in an invoice. It does not include any Incidental Costs or variation (including any GST), unless specifically listed as included on the invoice.
8.2. HOTP shall not commence work on the Service until having received;
8.2.1. Full payment of the Fee, or
8.2.2. The initial non-refundable first instalment of 50% from you, if the Fee is agreed to be paid in instalments.
8.3. Should you wish to terminate the Service provided by HOTP prior to its expected completion, you shall pay the full balance of the Fee based on the services provided by HOTP as at the date of termination on a pro-rata basis as calculated by the HOTP, with stand-down activities factored into the calculation.
8.4. The default agreed payment terms are seven (7) days from the date of the tax invoice being issued.
8.5. HOTP reserves the right to pause its services when the tax invoice is unpaid for more than seven (7) days from issue. We are not liable for any delays that this action may cause to your campaign as a result of your failure to pay issued tax invoices on time.
8.6. When an outstanding/overdue tax invoice is more than the thirty (30) days from the date of issue, it may be referred to a debt collection agency and/or law firm to collect on our behalf.
8.7. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs
8.8. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid
8.9. HOTP will request written authorisation prior to any additional expense.
8.10. You shall reimburse HOTP for all reasonable Incidental Costs incurred in the course of carrying out the Services, including (but not limited to);
8.10.1. Postage/handling expenses for CDs at the rate of $2.50 per unit plus a $15 handling fee
8.10.2. Express post at cost price, plus a $15 handling fee
8.10.3. The cost for rescheduling confirmed interviews, where your availability changes within 2 days of the scheduled interview or you miss the interview
8.10.4. Other Expenses may be incurred and may not be set out in these Terms and Conditions.
8.10.5. 3rd party hosted teleconferences or phone card use will be invoiced up-front
9.1. Unless specifically stated, all documents, correspondence and communication from HOTP are to be treated as Commercial in Confidence. You are forbidden to reproduce, distribute, forward on, post, publish, etc…;
9.1.1. correspondence between yourself and HOTP
9.1.2. quotes, invoices and/or statements
9.1.3. interview schedules
9.1.4. interview confirmations
9.1.5. media contact information
9.1.6. any document not in the public domain
9.2. Excluding company directors, HOTP requests that you do not discuss or disclose any campaign financial details with its representatives.
10. Exclusion of all other warranties
10.1. To the extent permitted by law, and except as set out in these Terms and Conditions or otherwise specifically agreed in an Individual Contract, HOTP accepts no liability whatsoever for any resultant loss or damage arising directly or indirectly from any Goods or Services supplied by HOTP.
10.2. Each party indemnifies the other against any claim, loss, damage, suit, action, proceedings, costs or expenses (including legal costs) of any nature whatsoever made against either party or which either party may suffer or incur by reason of any breach or alleged breach of these Terms and Conditions by either party, such indemnity being without prejudice to any other right or remedy of either party in respect of such breach.
11. Limitation of Liability
10.1. EXCEPT IN RESPECT OF A BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR OTHERWISE.
12. Term and Termination
12.1. These Terms and Conditions will continue in force for the term set out in a formal agreement, or quote, or email, or until we have deemed our obligations fulfilled. Either of us may terminate with 30 days prior written notice, where the other is in material default. We may terminate the Service with immediate effect if you become unable to pay your debts as and when they become due and payable.
13. Force Majeure
13.1. HOTP are excused from performing our obligations to the extent we are prevented by circumstances beyond our reasonable control including, but not limited to, acts of God, natural disasters, acts of war, riots, strikes, government action, national emergency, state emergency, labour shortages, infectious disease, pandemic or epidemic.
14. General Provisions
14.1. HOTP may at any time transfer or assign any or all of its rights, obligations, benefit or interest under these Terms and Conditions.
14.2. HOTP is an independent contractor and nothing herein shall be construed as constituting a partnership or joint venture between the parties.
14.3. You hereby appoint HOTP to provide the Services for the duration in accordance with the agreement outlined by Term 1.3.
14.4. HOTP hereby undertakes to consult with You in respect of the services undertaken in the course of providing the Service.
14.5. You consent to receiving electronic messages from HOTP containing marketing and promotional material and agree that HOTP does not need to include an “unsubscribe” facility in any electronic message sent to You.
14.6. These Terms and Conditions may be varied from time to time. The latest version is published on the HOTP website https://www.hotoffthepress.com.au/terms
14.7. No variation to these Terms and Conditions shall be valid unless made in writing and signed by authorised officers of the parties. The invalidity, illegality or unenforceability of any provisions in these Terms and Conditions shall not affect or impair the validity, legality or enforceability of the remaining provisions.
14.8. These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Victoria, Australia.