1. Terms and Conditions (July 2017)
1.1. These terms and conditions will apply to all Goods and Services sold, supplied or performed by Hot Off the Press Publicity.
1.2. Hot Off the Press Publicity will supply such Goods and Services based on your written acceptance of:
1.2.1. quotation document; or
1.2.2. proposal document, except where:
1.2.3. Hot Off the Press Publicity has expressly agreed in writing to provide such Goods and Services pursuant to a separate written agreement.
1.3. Publicity services provided by Hot Off The Press Publicity are time and materials based.
1.4. Hot Off The Press Publicity does not guarantee media coverage as part of the services it provides.
1.5. You acknowledge that, unless expressly agreed to by Hot Off the Press Publicity in writing, the 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 Hot Off the Press Publicity to you or otherwise vary these terms and conditions.
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 this Contract including, but not limited to, not unreasonably withholding or delaying the provision of any agreement, acceptance, information, assistance or other resource required by us.
2.2. Campaign lead times are important. Longer campaign lead times will generally attain the best media coverage for your campaign. You acknowledge that having a short lead time for your campaign may reduce your media coverage.
2.3. 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.
2.4. 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.
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 us prior to the formal agreement.
4. Copyright, Copy Ownership and Title
4.1. You shall provide and hereby authorises Hot Off The Press Publicity to use your approved name, biography, photographs, likeness and portraits in connection with the provision of the services.
4.2. You hereby authorises Hot Off The Press Publicity to host your copyright material on its website in a secure location and/or distribute such copyright material to media outlets for the duration of the campaign.
4.3. You warrant that any content provided to Hot Off The Press Publicity (including images, recordings, press, etc.) shall not infringe the rights of any third parties including, without limitation, privacy rights, copyrights, contractual rights, etc.
4.4. Notwithstanding, with relation to copy:
4.4.1. All press release copy delivered or in progress remain the copyright of Hot Off The Press Publicity at all times.
4.4.2. Any press release whole or in part written by Hot Off The Press Publicity can not be reused without the written consent of Hot Off The Press Publicity.
4.4.3. For biographies, once all monies owing have been paid in full, copyright ownership of the final produced copy only will be yours.
4.5. At all times, Hot Off The Press Publicity retain the copyright (and any likeness) to but not limited to the document format and layout, press release format and layout, interview schedule format and layout and any other document that might be used in the course of your campaign
5. Performance of Services
5.1. Unless otherwise agreed, the Services will be performed by us during Business Hours of each Business Day. We agree to perform the Services in accordance with the terms of a signed agreement. We will perform the Services utilising such resources, employees and subcontractors as we deem appropriate.
5.2. The parties may mutually agree to extend the Duration of this Agreement in writing where necessary.
6. Provision of interviews and interview scheduling
6.1. In order for Hot Off The Press Publicity to organise interviews, your availability will be confirmed at the start of the campaign.
6.2. Any changes in your availability must be provided to Hot Off The Press Publicity in writing at least 7 days prior to the proposed interview schedule.
6.3. Changes to availability which are less than 7 days prior to the proposed interview schedule, will be rescheduled (media outlet dependent) to an available slot in a future existing interview schedule.
6.4. Changes to availability which are less than 2 days prior to the proposed interview schedule, may have an impact with media to your brand. Hot Off The Press Publicity recommends that you make every effort to keep interview schedules as planned once you’ve confirmed your availability.
6.5. In the event that a media outlet is unavailable at the interview time, Hot Off The Press Publicity will attempt to reorganise the interview (media outlet dependent), for a mutually convenient time.
6.6. You acknowledge that by changing your availability after it has been confirmed, that you may reduce the media opportunities that Hot Off The Press Publicity can attain.6.7. For interview rescheduling of confirmed interviews, Hot Off The Press Publicity reserves the right to charge a rescheduling interview fee.
7. Prices and Payment
7.1. The fee payable for the Goods and Services is set out in a quote and does not include any Incidental Costs or variation (including any GST).
7.2. Hot Off The Press Publicity shall not commence work on the Campaign until having received:
7.2.1. Full payment of the fee, or
7.2.2. The initial non-refundable first instalment of 50% from you, if the fee is agreed to be paid in instalments.
7.3. Should you terminate this Agreement prior to the expiry of the Duration, you shall pay the balance of the Fee based on the services provided by Hot Off The Press Publicity as at the date of termination on a pro-rata basis as calculated by the Agent, along with any Expenses.
7.4. The default agreed payment terms are seven (7) days from the date of the tax invoice being issued.
7.5. Hot Off The Press Publicity 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.
7.6. 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 to collect on our behalf.
7.7. 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
7.8. 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
7.9. Hot off The Press Publicity will request written authorisation prior to any additional expense.
7.9.1. You shall reimburse Hot Off The Press Publicity for all reasonable expenses incurred in the course of carrying out the Services (“Expenses”), including (but not limited to):
126.96.36.199. Postage/handling expenses for CDs at the rate of $2.50 per unit + GST
188.8.131.52. Express post at cost price plus a $2.50 handling fee + GST
184.108.40.206. 3rd party hosted teleconferences (to be invoiced the calendar month after the teleconference/interview takes place)
220.127.116.11. The cost for rescheduling confirmed interviews, where your availability changes within 2 days of the scheduled interview
18.104.22.168. Other expenses may be incurred and may not be set out in this agreement or in the contract
8.1. The terms of this Agreement are confidential between the specified contacts of each party.
8.2. Unless specifically stated, all documents, correspondence and communication from Hot Off The Press Publicity are to be treated as Commercial in Confidence. You are forbidden to reproduce, distribute, forward on, publish, etc..:
8.2.1. correspondence between yourself and Hot Off The Press Publicity
8.2.2. interview schedules
8.2.3. interview confirmations
8.2.4. media contact information
8.2.5. any document not in the public domain
8.3. Excluding company directors, Hot Off The Press Publicity requests that you do not discuss or disclose any campaign financial details with its representatives.
9. Exclusion of all other warranties
9.1. To the extent permitted by law, and except as set out in these Terms of Trade or otherwise specifically agreed in an Individual Contract, Hot Off the Press Publicity accepts no liability whatsoever for any resultant loss or damage arising directly or indirectly from any goods or services supplied by Hot Off The Press Publicity.
9.2. 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 this Agreement by either party, such indemnity being without prejudice to any other right or remedy of either party in respect of such breach.
10. 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.
11. Term and Termination
11.1. This Contract will continue in force for the term set out in a formal agreement or until we have fulfilled our obligations under this Contract. Either of us may terminate this Contract, on 30 days prior written notice, where the other is in material default. We may terminate this Contract with immediate effect if you become unable to pay your debts as and when they become due and payable.
12. Force Majeure
12.1. We 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 and strikes.
13. General Provisions
13.1. Hot Off the Press Publicity may at any time transfer or assign any or all of its rights, obligations, benefit or interest under this Contract.
13.2. Hot Off The Press Publicity is an independent contractor and nothing herein shall be construed as constituting a partnership or joint venture between the parties.
13.3. You hereby appoint Hot Off The Press Publicity to provide the Services for the Campaign in the Territory and for the Duration in accordance with this Agreement.
13.4. Hot Off The Press Publicity hereby undertakes to consult with You in respect of all Services undertaken in the course of the Campaign.
13.5. Hot Off The Press Publicity shall provide You with a media report of all Services undertaken by Hot Off The Press Publicity at the conclusion of the Duration upon payment of the balance of all monies payable to the Agent.
13.6. This Contract may be varied from time to time providing that both parties agree to the variations in writing.
13.7. This Agreement shall be governed by and construed in accordance with the law of the State of Victoria, Australia.