Terms of Trade
Effective date: 1 Feb 2021
These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you and may be changed from time to time without being sent to you.
Definitions
““Kingdom PR, D&CO., we, our or us” means Delaney and CO. Public Relations Limited, trading as Kingdom PR or any person acting on behalf of us and with our express authority.
“Public Relations Agreement” (PR Agreement) means the Agreement signed and dated by both parties.
“You, your or Client” means the person or company agreeing to use Kingdom PR’s PR Services.
Services
Kingdom PR agrees to provide public relations services to the Client with reasonable care, skill and diligence as set out in the PR Agreement and/ or The Engagement of Services contract.
Fees and invoices
Any work which falls outside the agreed project scope in the PR Agreement will be charged on an hourly rate basis set out in the PR Agreement, with the Client’s agreement.
Where the Client is a limited liability company, incorporated society or any other body corporate, the authorised representative who signed the PR Agreement has personally guaranteed the Client’s obligations.
Where payment has not been made within [30 days] following the invoice, Kingdom PR does not have to continue work on the project at the Client’s own risk.
If our services are cancelled you must pay us all fees and expenses due up to that date.
Limited Liability
The total liability of Kingdom PR to the Client whether in contract, tort, breach of statutory duty or otherwise, must not exceed the Fees and/or Commissions paid and/or payable by the Client under the Agreement for PR Services.
Kingdom PR will not be liable for any incidental or consequential damages, loss (including loss of profit and income) or expenses whether or not caused by our negligence or default.
You will indemnify us for any fees, charges, and all other liabilities (including to third parties) from any breach of these terms.
Warranties
In giving or making of any quotation, advice, prediction, statement, representation or information, Kingdom PR relies solely on the information provided by the Client and in doing so you warrant that the information provided by you to us is accurate to the best of your knowledge.
Each Party warrants that it has the authority to enter into the PR Agreement and to perform its obligations under it and that it has the ability to perform those obligations.
Privacy
Kingdom PR may collect personal information from you, including information about your name, contact information, interactions with us and billing or purchase information. We collect your personal information in order to provide PR Services to you.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at [email protected].
Confidential Information
Both parties will keep safe all confidential information (including IP and any commercially sensitive information) of the other party from unauthorised use or access by any other person, except to provide the PR Services, or as required by law or otherwise agreed in writing.
Intellectual property
All intellectual property in pre-existing material which is already owned or created by each party remains the intellectual property of each party and each party will not breach the intellectual property rights of the other.
Each party grants the other party a licence to use, copy, transmit or store their pre-existing intellectual property, know-how and ideas for the PR Services.
All new intellectual property developed by Kingdom PR in providing the PR Services, is owned by the Client on payment of all the Fees relating to those PR Services.
General
If any dispute or difference arises between the parties about the Agreement, the parties must try to settle this by agreement first but if not settled, the dispute may be referred to mediation and the parties will share the costs equally.
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
Notices may be sent by email.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
No waiver will be effective unless made in writing.
These Terms, together with the PR Agreement replace and end all prior agreements, representations (whether oral or written) and constitute the entire agreement between the parties.
Contact Us
If you have any questions, concerns or complaints about this Terms of Trade, please contact us:
By email: [email protected]
By phone: +64 27 636 0010
