Standard Terms of Business

This document incorporates our Standard Terms of Business in its entirety.

The Consultancy’s Obligations

The Consultancy agrees with the Client during the term of this Agreement:

  • at all times to work diligently to protect and promote the interests of the Client;

  • in all matters to act loyally and faithfully towards the Client;

  • to advise the Client in writing of all its key meetings, discussions and correspondence with representatives of the media concerning the Client;  and

  • to co-operate where appropriate with any advertising and/or marketing services agencies and other advisers engaged by the Client.

  • Any information sent out must be reviewed by the Client before being communicated externally.

The Client’s Obligations

The Client agrees with the Consultancy during the term of this Agreement:

  • not to discuss the Client's affairs with any representative of the media other than through and/or with the knowledge and assistance of the Consultancy;

  • to provide the Consultancy with all information, assistance and materials that the Consultancy requests from time to time to facilitate the proper and timely performance of the Services.  In particular (but without limitation) the Client agrees where possible:

    • to notify the Consultancy of any enquiries from any of the media;

    • to advise the Consultancy well in advance of any major planned event in the Client's business;

    • to permit the Consultancy (or its representatives) to attend meetings as appropriate with any advertising and/or marketing services agencies and other advisers engaged by the Client;  and

    • to make available a well-briefed personable speaker on reasonable notice to represent the Client at media briefings or conferences arranged by the Consultancy; This could be carried out by the Agency providing the Client supplies a sufficiently detailed brief/information pack.

    • to notify the Consultancy promptly if the Client considers that any statement made in any document submitted by the Consultancy to the Client for approval is incorrect or misleading in any way, or may give rise to any claim or action for defamation or otherwise against the Consultancy.

 

Approval by the Client

 

The expression 'Written Approval' in this Agreement including the Standard Terms of Business shall mean Written Approval by directors or employees of the Client authorised to approve the Consultancy's work and/or expenditure and whose names are set out in Schedule 2.  The Client shall notify the Consultancy in writing of any change to the authorised persons during the term of the Agreement.  The Consultancy shall not be responsible for any delay in the performance of the Services resulting from the unavailability of an authorised person to provide Written Approval.

Written Approval shall mean approval signified by:

  • a letter, fax or purchase order from the Client bearing the signature of an authorised person or an e-mail emanating from the individual business e-mail address of an authorised person;  or

  • oral approval by an authorised person, provided such oral approval is confirmed in writing within two working days by way of a written report from the Consultancy to the Client;  or

  • the signature of an authorised person on the Consultancy's documentation.

After obtaining general approval of campaign or project plans, the Consultancy shall submit to the Client for specific Written Approval as required:

  • draft press releases, articles, photographs and captions

  • copy, layouts, artwork and scripts

  • cost estimates of the various items in the programme.

 

Written Approval of drafts or proofs shall be taken by the Consultancy as authorisation to proceed to publication, and Written Approval of estimates submitted shall be taken as authorisation to enter into contracts with suppliers on the basis of such estimates.

Standard Campaign Reporting

Unless otherwise stated, our standard campaign reporting procedure involves:

  • Weekly email updates including highlights of the week, published coverage, pending opportunities and outstanding actions

  • A 'live' campaign log via GoogleDrive which is available to the client 24/7

  • Quarterly 'check-in' reports which review campaign progress against the longer-term campaign plan

  • For time-based contracts, timesheets can be provided on request

Enhanced reporting is available on request, and may attract additional fees on a time/materials basis.

Due to GDPR regulations, reporting does not include the contact details of individual journalists, unless the journalist has expressly requested that their details can be shared with the client.

Fees

These fees apply to work carried out in the territory agreed in the project proposal/brief only.  They do not apply to supervision of work performed outside that territory, for which the Consultancy reserves the right to charge a further fee.

If annual or monthly fees or hourly charge out rates are specified above, these will increase on 1st January each year by a percentage equal to the annualised percentage increase in the Retail Price Index published by the Office for National Statistics over the preceding twelve month period.

Fees have been calculated on the basis of information supplied by the Client.  If the information supplied is incomplete or misleading or the Client's plans are subsequently amended, leading to an increase in the work required from the Consultancy, the Consultancy reserves the right to increase the fees accordingly, subject to the Client's approval (which is not to be unreasonably withheld or delayed).

 

Operating Expenses and Disbursements

In addition to the Consultancy's service fees, the Consultancy reserves the right to charge the Client for any costs incurred over and above the standard costs associated with delivering the agreed service, however any additional costs must be approved in writing by the Client in advance prior to the Consultancy incurring any additional chargeable costs.

Payment Terms

The Consultancy's service fees and operating expenses will be invoiced monthly in advance unless otherwise specified. Any Disbursements will be invoiced monthly in arrears.

All invoices rendered by the Consultancy will be due and payable within 14 days of the invoice date unless otherwise stated. However, the Client agrees to pay immediately on presentation any invoices in respect of advance or instalment payments required to be made to suppliers.

For any invoices which remain unpaid after 30 days, the Consultancy reserves to right to apply late payment compensation charges – comprised of 8% ‘statutory interest’ of 8% plus the Bank of England base rate.

In addition to accruing interest on late payments, the Consultancy reserves the right to charge a fixed fee for the collection of any unpaid debts. For up to £99 the fee will be £40. For between £1,000-£9,999 this will be £70 and for £10,000 or more the fixed fee will be £100

Termination

If payment is not made by the Client to the Consultancy in accordance with Clause I and the Client does not remedy the breach within 14 days of written notice to do so, the Consultancy will have the right to terminate the Agreement immediately by notice in writing to that effect.

Either party may terminate the Agreement immediately upon written notice to the other in the event of:

  • any material  breach of the Agreement by either party, which breach is not remedied (if capable of remedy) within 30 days after the service of a written notice requiring the breach to be remedied;

  • the other party becoming insolvent, entering into liquidation either voluntary or compulsory (save for the purpose of reconstruction or amalgamation), passing a resolution for its winding up

  • having a receiver or administrator appointed over the whole or any part of its assets, making any composition or arrangement with its creditors or taking or suffering any similar action in consequence of debt, or ceasing or threatening to cease to carry on business.

In the event of termination of this Agreement, for whatever reason, the Client will be responsible for all fees due to the Consultancy including costs, expenses and disbursements incurred by the Consultancy on behalf of the Client up to the effective date of termination.

On satisfaction by the Client in full of its payment obligations, the Consultancy will co-operate so far as practicable in enabling the Client to take over any contracts and arrangements with third parties, and will transfer to the Client any unused materials purchased on behalf of the Client.

The parties will agree to any additional compensation payable to the Consultancy in the event that detailed creative or other work for a future programme or project prepared by the Consultancy at the request of the Client during the period of this Agreement is subsequently implemented in whole or in part by the Client or its agent.

Upon the termination of the agreement: All assets held on behalf of the Client will be returned to the Client and all information held on behalf of the Client will be deleted and removed from the premises of the Consultancy or affiliated parties.

 Confidential information

The Consultancy acknowledges that in the course of the Engagement they will have access to Confidential Information. The Consultancy has therefore agreed to accept the restrictions in this clause.

 The Consultancy  shall not (except in the proper course of their duties), either during the Engagement or at any time after the Termination Date, use or disclose to any third party (and shall use their best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:

  • any use or disclosure authorised by the Client or required by law; or

  •  any information which is already in, or comes into, the public domain otherwise than through the Consultancy unauthorised disclosure.

  • At any stage during the Engagement, the Consultancy will promptly on request return all and any Client Property in his possession to the Client

Complaints & Disputes Policy

Ambition PR prides itself on providing an open, transparent and proactive response to any complaints or concerns raised by our clients. 

 

We are open to receiving feedback and will always take on board any comments, concerns or complaints, with the view to constantly improving and adapting our services. 

 

We take any complaints seriously, and will always work to achieve a resolution in a satisfactory and timely manner. 

 

Verbal complaint

Verbal complaints should be addressed to your account manager, who will ensure that the following steps are taken:

  • Understand - the account manager will discuss the issues, ensuring that they fully understand the concerns of the client.

  • Investigate - the account manager will speak with all involved team members and review the necessary materials and correspondence  

  • Response - a response to the concern, the findings and any resolutions will be provided within 14 days of the initial complaint

  • Escalate - Should the client wish to escalate the complaint following the response, a written complaint should be submitted to the Managing Director. 

 

Written complaint

Written complaints should be addressed to the Managing Director, who can be contacted on jenna.owen@ambitionpr.co.uk. The Managing Director will ensure that the following steps are taken:

  • Understand - the managing director will review the issues, ensuring that they fully understand the concerns of the client and the responses provided by the account manager

  • Investigate - the account manager will speak with the client and all involved team members and review the necessary materials and correspondence  

  • Response - a response to the concern, the findings and any resolutions will be provided within 14 days of the initial complaint

 

Disputes

Governing law. This Services Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. 

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive  jurisdiction  to  settle  any  dispute  or  claim  arising  out  of  or in  connection  with  this Services  Contract  or  its  subject  matter  or  formation  (including  non-contractual  disputes  or claims).

Refunds

Should a client wish to cancel their campaign due to an unexpected change in circumstances, a written request must be made within 7 days of the campaign start date to the Managing Director on jenna.owen@ambitionpr.co.uk. If work has already commenced prior to the written refund request, a refund may not be possible. Any refund requests that are in relation to a complaint or dispute must follow the above complaints/disputes procedure.