Terms & Conditions of Peekaboo Communications

These terms and conditions relate to all and any agreement between us when you buy services from us. Details of the consideration (price you pay and what we will supply) will be contained in a Purchase Order.

1 GOODS & SERVICES
(1) In this agreement the "Services" are those supplied as detailed on the Purchase Order. “Goods or products”, if any, will include self-help documents and press databases and will also be detailed in the Purchase Order.
(2) Public Relations (PR) services are provided to the best of our ability and based on our knowledge, personal experience, information, facts and will include information you provide. Any opinion, statement, recommendation or anything whatsoever will not form any guarantee.
(3) Whilst we use our best endeavours we can not guarantee that any material is accurate or up to date.
(4) You are aware that our services are in no way to be construed as coaching, counselling or any type of management. You confirm that you are aware that results of our services can not be guaranteed and that results are dependent on your ability and availability as a spokesperson and the provision of supporting materials (e.g. suitable photography). When undertaking your own media outreach, you are responsible for your own results. You hold us free of all liability and responsibility for any actions or results or adverse situations created as a direct result of specific referral or advice given by us.

2 SUPPLY OF GOODS & SERVICES
(1) Whilst we will use our reasonable endeavours to supply both the goods/products and the services, we shall not be responsible for any failure to provide goods/products and/or services or any unavailability.
(2) We reserve the right to suspend the services and to substitute personnel where necessary.
(3) We reserve the right to supply a substitute for goods/products, where necessary. Where a substitution is made we will endeavour to ensure that the item is as close to the original item detailed in the Purchase Order as possible. We will use our best endeavours to discuss this with the client in advance of any changes being made.
(4) We reserve the right to sub-contract out some or all of the services.

3 ABIDE BY TERMS 
By using our organisation and services you will be deemed to be aged 18 or over and to have read and understood this and agree to be bound by our terms and conditions. Where you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.

4 SUPPORT
Unless we specifically agree, our services do not cover any form of additional assistance or support once the service has ended or before it begins, whether by e-mail, face to face or in any other way. However, we are pleased to offer additional support at our current hourly rate if you require – please contact us.

5 PRICES AND PAYMENT
(1) We have provided you with the price of the work in the Purchase Order which is either a fixed price or based on an hourly rate. Where we work on an hourly rate, we will submit an invoice to you either on completion of work or monthly, as we determine.
(2) Once you have submitted your Order, which can be by e-mail, telephone or any other method of communication, we will submit an invoice to you.
(3) Payment for all goods or products must be made in full, by Cheque, Paypal or, Direct Debit before any goods or products are issued and includes any taxes and expenses due. You will have been deemed to have received any invoice if it is:
(a) Sent to you by Royal Mail and we have proof of posting of the invoice.
(b) Faxed or emailed (we retain a transmission log)  
(4) If you do not pay or there are any problems with your payment, then once you have ordered services you are still responsible for payment. If we do not receive payment then we will charge you 5% interest per month until we receive full cleared payment.
(5) Where payment is a part of staged payments, such as weekly, then late or non-payment will automatically mean that all work will stop until such time that full payment (including any accrued or extra payment) is made. No refunds will be made.
(6) Payment is made for hours worked as agreed on the Purchase Order or PR Proposal and you will usually be billed on a monthly basis, in arrears. This will be either for
a) the actual hours worked OR
b) where we have agreed a retainer, for the agreed number of hours. Where, in any one month, you take less time than what we agreed in the retainer, these overflow hours will accrue and can be taken as and when needed within following months during the retainer, as we agree. There will be no monetary rebate or discount for unused hours.
(7) We reserve the right to increase prices for either the services which arise because of an increase in parts or other outside costs beyond our reasonable control. If we do, then we will give you at least 30 days notice in writing. If you are buying as a consumer then you may cancel this agreement at any time up until 14 days before the supply of services.

7 COPYRIGHT, PAYMENT & PASSING OF RIGHTS
(1) You confirm that that you hold the full copyright of anything that you provide to us (e.g. information, documents or images) or that you have obtained the copyright owner's permission to use it in this way
(2) All documents that we provide to you are subject to our copyright. This means that you can not, for example, reproduce them in any way, unless it is  for the purpose we specifically provided it to you for (which will be written in the Purchase Order), or for any other purpose for which you have our written agreement.
(3) In addition you specifically confirm that you will not breach any copyright in so far as materials, software, documents, information, content and anything whatsoever supplied to you or available from us. This specifically means you will not copy, assign, modify, make derivative works, create Internet "links" to our web-site or "frame" or "mirror" any Content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to ours.
(4) However, where we have agreed you may use any documents as outlined in (1) above, these will not pass to you until we have received full cleared payment for all the goods and/or services supplied by us. This means that we will have a lien over any documents and/or information you have supplied to us. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights to the documents and/or information.

8 LOCATION OF MEETINGS, SESSIONS & LATE ARRIVAL
(1) Unless otherwise specifically agreed by us, meetings or other face-to-face sessions will take place at our own premises.
(2) However, should you want any meetings or sessions to take place in a different location or your offices we are happy to arrange this but you must be aware that you will be liable for payment of the use of the location, for example use of a meeting room in a hotel together with our administration, and/or travel costs including time spent travelling to the meeting place.

10 ACCURACY & RESPONSIBILITY FOR INFORMATION AND DATA
(1) You confirm that any data, information, materials or documents passed to us have been checked by you as being accurate and that any item you have provided us with does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, and is not contrary to any law.
(2) It is your duty to ensure that any data, information, materials or documents comply with any regulations, best practice, legislations, rules etc of any statute, professional body and any other organisation applicable to your/your organisation. For example, if you/ your organization provide Financial Services, you are responsible for ensuring compliance with applicable legislation such as the Financial Services and Markets Act 2000
(3) It is your responsibility to approve any data, information, materials or documents, including press releases. This means that you are responsible for checking all errors, including typographical errors.
(4) We have no control of data, information, materials or documents which are circulated or published. Specifically, we have no control or liability for data, information, materials or documents published by others, and this includes inaccuracies, edited extracts or typographical errors.
(5) You specifically agree that we have no liability and furthermore you will indemnify us for any loss.

11 TIME ESTIMATE
We use our reasonable endeavours to complete services within any time estimate given. However, we will not be liable for any loss or damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your own failures, (e.g. organising meetings). We aim to keep you informed about any delay.

12 ADDITIONAL WORKS  
Payment you make is for services as outlined on your Purchase Order.  However, from time to time we may agree to provide extra services or provide goods/products to you.  Where additional services, and/or goods/products are agreed, we will put this in writing to you to avoid any misunderstanding and to ensure that we are both aware of what has been agreed.

13 LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held responsible for any loss, incidental or consequential damage, or loss arising out of installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of services.
(2) In the unlikely event that we would be held liable for any losses occurring as a result of using/ failing to use the services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to 100% of the amount paid by you in respect of the agreement under which you claim.

14 YOUR INFORMATION AND DATA PROTECTION
Any services we provide to you may be reliant on information provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold (because of this agreement or otherwise) will be held and used in accordance with the applicable current Data Protection Legislation in England.

15 CONFIDENTIALITY
Both of us, subject to the clauses contained herein, agree that aspects of this contract are confidential, including information obtained about each other, the organisations etc. From time to time we use information about our existing clients as part of marketing campaigns. Your information will not be used in this way without your express agreement.

16 EXCLUSIVITY
You specifically agree that we have full and exclusive working rights within the terms of provision of this agreement and that you will not involve other parties without our specific agreement in writing.

17 ASSIGNMENT
(1) The rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you. A copy of this agreement will be admissible in the case of any dispute or in any proceedings.
(2) We reserve the right to assign and/ or sub-contract all or any part of the services but if we do this it will not affect your rights under this agreement.

18 CLIENT QUERIES / COMPLAINTS & NOTICES
(1) We aim to respond to any queries or complaints within 14 working days. Complaints must be addressed in writing to us at our usual address - see order e-mail. If any complaint may amount to a breach of any term of this condition then you must allow us 30 days to remedy that breach.
(2) Any notices for either party must be in writing to the address which appears on the order e-mail.
(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.

19 INVALIDITY
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.

20 GENERALLY 
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website

21 TERM, BREACH AND CANCELLATION
(1) This agreement is for an initial period as stated in the order e-mail or until the services and goods/products have been supplied to you.
(2) We reserve the right to terminate this agreement
(a) Immediately if you breach any term of this agreement, including any third party user agreement. You will not be entitled to any refund of unused services.
(b) By giving you 30 days notice. In these circumstances we will refund you for any unused services or pre-paid fees within 30 days of the service ceasing. However we will not be responsible for any liability whatsoever, including any claims, expenses and fees, relating to the notice period and service ceasing.
(c) For cancellation of meetings and sessions, please see clause 8.
(4) If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
(5) Other than any rights described in this agreement, you may terminate this agreement at any time giving us notice of 1 calendar month. However, any monies due under this agreement must still be paid and we will not make any refund at all, including for any unused services or pre-paid fees.

22 JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.