Terms

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Payment Terms

All our invoices are strictly due within 30 days. Failure to pay an invoice within this time frame will result in additional charges (please see our terms & conditions for full information below).

Standard Terms & Conditions

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By signing the sales agreement presented to you by the representative, you authorise Publicity Matters Limited and any associated companies (hereafter referred to as “PM”) to proceed with the creation of the product as discussed with the representative and confirmed on the order form. Publicity Matters reserve the right to amend the terms and conditions at any time.

Office Hours

Publicity Matters’ office hours are 9am – 5pm, Monday to Friday. Telephone calls received out of hours will be dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staffs’ personal telephones. We appreciate your understanding.

Contacting Publicity Matters

In order to deal more effectively with your queries, we ask that you put any questions to us by e-mail. This system allows us to distribute questions to the appropriate departments, and thereby respond to you more efficiently.

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live, or project/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of PM in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Website Updates & Site Maintenance (standard charges)

These are charged at £75 per hour (or part thereof) for all websites. A minimum charge of £50 will be issued for minor amends. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.

Website Updates & Site Maintenance (retainer)

In most cases we would suggest that we operate a retainer with you for a specified amount, with agreed hours. Anything outside of a retainer will be charged at our standard rate.

Hosting & Email Accounts

On all websites hosted by PM, a hosting charge will be invoiced on an annual basis starting on completion of the website unless agreed otherwise in writing. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client. PM take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. PM take no responsibility for the content of emails including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 72 hours. All hosting packages are non-refundable. Website hosting will be renewed automatically as part of the initial contract, should you wish to cancel your hosting package you must let us know in writing no less than 30 days before the date of renewal. If we do not receive notice of this period you will be charged for the full years hosting as monies will have been paid by PM on the client’s behalf. It is the clients’ responsibility to ensure that written notification has been received and proof of posting should be retained.

Technical Support (via telephone)

We can provide technical support on an adhoc basis for products/services that Publicity Matters provide for your company.

Where there is a problem/discrepancy with the product/service we provide for your company you will not incur additional charges.

Technical support by telephone relating to all other queries, will be charged at our hourly rate for the length of time required to complete the query.

If the problem is resolved directly over the telephone conversation you will incur our minimum charge of £50 or the length of the phone call (to the nearest 15 minutes), whichever is greater. This applies to each query.

Domain Names

Domain names are charged annually and will be invoiced immediately on purchasing the domain. Domains will be renewed automatically on an annual basis. Should you wish to cancel your domain(s) written notice must be received by PM no less than 30 days before the date of renewal. If we do not receive notice of this period you will be charged for the renewal of your domain for the year as monies will have been paid by PM on the client’s behalf. It is the client’s responsibility to ensure that written notification has been received and proof of posting should be retained. Should the client request that a domain name purchased by PM on their behalf be transferred to another host, a administration fee of £50 + VAT will be charged and must be paid prior to the transfer taking place.

Systems

Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of PM and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. PM eCommerce solutions are often bespoke to meet the clients requirements exactly.

E-commerce/CMS

E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system unless otherwise agreed. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, PM’s job is done. PM offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. PM are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.

Bespoke Systems

In the case of a bespoke solution (website), upon settlement of all outstanding monies due to PM for the development / design of such solution, full copyright and title will pass to the client.

Warranty

PM guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by PM proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Website Proofs

Before making your website live we will send you a link to your webpage(s) which must be reviewed in depth by the client. One set of web amends will be included in your initial quote, however all other amends regardless of size will be charged at our hourly rate of £85.00.
Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images will require a new quote.

Payment Terms (Web)

Payment terms on all invoices are strictly 30 days from the invoice date. Failure to settle any invoice within 30 days will result in your website being non-visible until full payment has been received, a period of 3 working days is required after full settlement for your website to be visible.

The company reserves the right to charge 8% above the Bank of England base rate. This will be chargeable from the date in which the invoice became overdue and will continue to incur charges on a daily basis until the invoice is settled in full. Any overdue invoice may result in services being suspended. PM reserves the right to cancel a client’s website/domain name etc for all overdue invoices without prior notice, which may result in domain names being released for purchase by another company.

Any costs incurred in collecting an overdue account will be charged direct to you, our client, including all court fees, interest, & solicitors’ fees. If you have any queries with an invoice it must be brought to our attention; in writing, no later than 30 days from the date of the invoice. Failure to do so within this time period will result in the original invoice amount outstanding.

Print Proof Agreement

For all print work you will receive a proof before we go to print. Once we have received your authorisation, whether in writing/e-mail/verbally we will send the job to print. By giving us confirmation, you absolve PM of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have sent confirmation, you are not able to make any changes to the final product, nor are you able to hold PM responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against PM for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is as discussed with the representative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. This is your final opportunity to make changes to the content.

Making Changes after Proof Stage (Print Only)

If a change is requested after the proof stage, we will do everything we can to make the correction before the printing starts but this is not guaranteed. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur a charge and this is passed on to you as part of the total charge (see “Price Breakdown”). Any changes made after a proof is signed off will result in a further charge.

Print Quality (Print Only)

Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, PM cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. Our business cards do not have a guaranteed specification and we reserve the right to vary stock or quality as either we see fit, or circumstances/availability dictate. If the exact specification is important, the cards must be ordered as a bespoke job.

Quantity Supplied (Print Only)

Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Claims (Print Only)

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to PM within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to PM and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to PM within 28 days of delivery. PM shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Payment Terms (Print)

New customers agree to pay a deposit of 40% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Copy

A charge may be made to cover any additional work involved where copy supplied is not clear and legible or if digital information requires additional work to utilise.

Press Cutting Service

We can provide a press cutting service where you will be sent electronic copies of published material gained through your public relations contract. An individual quotation is available on request unless otherwise stated above in this contract.

Proofs & Drafts

All work may be submitted for customer’s approval and PM shall incur no liability for any errors not corrected by the customer in work submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When content, style, type or layout is left to PM’s judgment, the customer shall be charged extra for any amends made at an hourly rate of £85.00. No responsibility will be accepted for differences between proofs and work supplied to the customer where the methods of production differ.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to PM. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify PM from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes

Upon request quotes will be provided detailing specific job requirements as set out by you and/or your company. This quote is an estimated figure based on the original information provided. Your quote will contain the number of estimated hours needed to complete the job by our consultants.  All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Should you wish to accept the quote which we have provided; each individual page of the quote must be signed and returned to us by fax or e-mail. It is your responsibility to ensure that we have received the signed quote.  We will then provide you and also obtain a delivery date for the work requested.

Illegal Matter

Publicity Matters reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential Loss

PM accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

Financial Loss

Publicity Matters accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Publicity Matters.

Force Majeure

PM accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability

Publicity Matters shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Publicity Matter’s control.

Jobs Put On Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Minimum Charge

We will apply a minimum charge of £75 (+VAT). Each individual query will incur this charge as minimum.

Preliminary work

All work carried out at customer’s request shall be charged, whether experimentally or otherwise.

Credit Terms

The bulk of our invoices are raised on the last working day of the month. All invoices are payable in full no later than 30 days from the invoice date.

The company reserves the right to charge 8% above the Bank of England base rate. This will be chargeable from the date in which the invoice became overdue and will continue to incur charges on a daily basis until the invoice is settled in full. Any overdue invoice may result in services being suspended. PM reserves the right to cancel a client’s website/domain name etc for all overdue invoices without prior notice, which may result in domain names being released for purchase by another company.

Any costs incurred in collecting an overdue account will be charged direct to you, our client, including all court fees, interest, & solicitors’ fees. If you have any queries with an invoice it must be brought to our attention; in writing, no later than 30 days from the date of the invoice. Failure to do so within this time period will result in the original invoice amount outstanding.

Insolvency

Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, PM, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

Publicity Matters agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.

We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes:

  • Obtaining credit insurance
  • Making credit reference agency searches
  • Credit control
  • Assessment and analysis (including credit scoring, market, product and statistical analysis)
  • Securitisation
  • Protecting our interests

We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.

6 Months Free Website Hosting

Are you looking for a new website hosting partner? Need help hosting a website? Why not get in touch with Publicity Matters today to discuss any website hosting or digital marketing support requirements. Through out September we are offering free 6 months hosting on any small website migrated over to Publicity Matters.
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