 | | | CURRENT NEWS ARTICLES | | | | | | | Peppercorn PR Terms & Conditions
Definitions 1. For the purpose of this agreement the ‘PR company’ is Peppercorn PR Limited, registered offices at Kings Works, Kings Road, Teddington, Middlesex TW11 0QB. The ‘Client’ shall include their respective assignees, sub-licensees and successors in title
Copyright and ownership of materials 2. The entire copyright of the materials and copy supplied by Peppercorn PR is retained by the PR company at all times throughout the world until payment in full has been made by the client at which point the PR company will assign a Licence to Use.
Use 3.The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the material supplied by Peppercorn PR before payment in full of the relevant invoice(s) without the express permission of the PR company. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Commissioning Client for the agreed brief and for the uses and restrictions stated on the relevant fee category and its benefit shall not be assigned to any third party without the PR company’s permission. Accordingly, even where any form of “all media” Licence is granted, the PR company’s permission must be obtained before any use of the materials created by Peppercorn PR for other purposes e.g. use in relation to another product or sublicensing to another party. Permission to use materials created by Peppercorn PR outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the PR company will be subject to these terms and conditions.
Client Confidentiality 4. Peppercorn PR will keep confidential and will not disclose to any third parties or make use of material or information communicated to Peppercorn PR in confidence for the purposes of completing commissioned work, save as be reasonably necessary to enable the PR Company to carry out its obligation in relation to the commission.
Indemnity 5. Peppercorn PR agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the PR company to obtain any clearances for which Peppercorn PR was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Peppercorn PR shall only be responsible for obtaining such clearances if this has been expressly agreed before undertaking the commission. In all other cases the client shall be responsible for obtaining such clearances and will indemnify Peppercorn PR against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment 6. Payment by the client will be expected for commissioned work within seven days of the issue of the relevant invoice. In the case of retained clients payments will be made by standing order on the first working day of each retained month, with the initial payment payable by cheque upon signing this agreement. If the invoice is not paid in full within seven days Peppercorn PR Ltd reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Price variation 7. Estimates are based upon Peppercorn PR’s current costs and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. The client shall be notified in advance of any increase in costs.
Preliminary work 8. All work carried out, whether experimentally or otherwise, at client’s request shall be charged unless specific arrangements have been agreed in advance. Expenses 9. Any mileage expenses incurred by Peppercorn PR staff on behalf of the client will be charged at 40 pence per mile. All other travel costs and sundry expenses will be charged at cost. Where extra expenses or time are incurred by Peppercorn PR as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at Peppercorn PR’s normal rate in addition to the expenses shown on the invoice.
Delays 10. The price of the job will be based on the time Peppercorn PR works on the commission regardless of delays caused by either the Client or any third party.
Choice of PR personnel 11. Peppercorn PR reserves the right to appoint any of its employed writers/PR executives to work on commissions on behalf of the client based on timetables and other commitments.
Cancellation and Postponement 12. A commission is considered firm as from the date of signing this agreement. To cancel, one month’s notice is required in writing.
Variation 13. These Terms and Conditions shall not be varied except by agreement in writing.
Authorisation to Proceed 14. I confirm I shall comply with these Terms and Conditions and that I authorise Peppercorn PR to proceed with the agreed assignment. Signed Date
|