PR Service Terms

We get it, rebels like you have a lot on the go! That’s why we’ve worked to make these Terms easy to read and understand. Let us know if you’d like us to explain anything to you in more detail.

BACKGROUND

1 Background details

Thank you for visiting Righteous PR.

This document sets out our rules for buying Services from us (Terms).

⚡Righteous PR, us, or we means D G V Properties Pty Ltd ABN 26 106 840 939 trading as Righteous PR.

⚡ Client, you, or your means the person or business who buys Services from us, as set out in an agreed Proposal.

What we do

We amplify your big ideas and help you get seen, heard and understood through our various Services.

Definitions

Capitalised words are defined in these Terms or the Dictionary table at the end of these Terms.

Our agreement with you

Our agreement with you is set out in:

⚡ our written Proposal outlines Services we agree to supply you,

⚡ these Terms, and

⚡ our other policies we let you know of.

Together, these make up our agreement with you about how we will work together (Agreement).

⚡ If there is any conflict between the various parts of this Agreement, the document listed higher in the above list takes priority to the extent of any inconsistency.

What’s included with Righteous PR Services?

We use reasonable care and skill to provide you the Services outlined in the agreed Proposal.

Your obligations

As well as the obligations set out in a Proposal, you’ll need to:

⚡ Give us reasonable and secure access to your relevant content and information,

⚡ Promptly respond to our questions and requests for relevant instructions and information,

⚡ Pay us on time for Services we deliver, and

⚡ Comply with our other reasonable requests which we need to supply the Services to you.

PRICE AND PAYMENT

2 Paying for Services

You must pay for Services in the amount and frequency set out in your agreed Proposal.

⚡ We generally ask for payments upfront and may offer options for paying Fees by instalments.

⚡ We send you invoices which you must pay by the due date.

⚡ We will also pass on some expenses to you, which we will invoice you for. We’ll let you know what the expenses will be before we incur them.

For example, we will send you an invoice for the postage and packaging costs we incur to send out copies of your amazing book to the right people. This is an expense you must reimburse us for

Ending a Proposal early

If you end a Proposal during a Campaign period (or if we end a Proposal because your actions, section 12 Termination and suspension):

⚡ You’re generally not entitled to a refund, depending on the stage of the Campaign, the Proposal selected, the work we have already completed, and the access we’ve given you to our Content; and / or

⚡ We may charge a reasonable Cancellation Fee.

Refunds

We always aim for happy Clients, so if you have any concerns, please let us know so we can help resolve the issue.

⚡ If a refund is required by law, we’ll provide that refund.

⚡ In other situations, we may choose to refund Service Fees at our discretion.

RESULTS AND EXPECTATIONS

3 Results from our Services

Your results depend on many different factors

⚡ We cannot and do not guarantee particular outcomes or results for each person buying Services.

⚡ Results from using our Services depend on the amount of time set aside to deliver the Services, existing awareness of your business, assets available (such as websites or social media following), current media cycles, the relevant industry, your own level of effort, implementation, background, expertise, commitment, focus, and dedication (Success Factors).

Individual results may vary

⚡ Each person who accesses our Services may experience different results due to their own Success Factors as well as various other factors such as their background knowledge and earlier experiences.

⚡ Reviews and case studies from our other clients are illustrative examples of potential outcomes only.

4 We use reasonable care and skill but cannot guarantee 100% fault free

We use reasonable care and skill to deliver Services to you, however you agree that:

⚡ We cannot and do not promise our Services or content will be continuously available or fault free;

⚡ If things outside our reasonable control impact on our ability to supply the Service, you agree we are not

responsible for impacts on you as a result; and

⚡ Services and related content are provided on an ‘as is’ basis, and you are responsible for your use of them.

For example, if we run a Campaign for you but you cannot service the increased demand, and this results in poor customer experience or negative reviews, we’re not responsible for that outcome.

5 Paying for losses and limiting liability

Paying us if you cause us loss

To the extent allowed by law, you must pay us for costs we incur caused or contributed to by: !"# inaccurate or misleading info you give us,

⚡ your breach of any applicable laws or regulations, or

⚡ your use or misuse of Services or our Content.

For example, if you give us content or quotes for a media release, and you get details (such as names) incorrect or don’t have permission to use content, we’re not required to double check your information and we’re not responsible for the outcomes.

Limiting our liability to you

Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.

⚡ To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.

⚡ Unless we cause loss with our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Services (or any inability to use a Service).

⚡ Where we cannot exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.

ACCESS AND INFORMATION

6 Information handling

We handle information you give carefully and do not sell your information.

⚡ When you buy our Services, you consent to our collection and use of your information in line with these Terms and our other policies, including for marketing purposes (which you can opt out of at any time).

Testimonials and content you give to us

If you give a review or testimonial in any format, you give us permission to use that content anonymously on our Site.

⚡ We won’t attach feedback to you by name on our Site without getting your permission first.

⚡ If you give us permission and you later change your mind, let us know and we can remove it.

7 Protecting confidential commercial information

We both agree Confidential Information is commercially sensitive and valuable, so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.

⚡ You may get access to our industry information on a confidential basis and you must not misuse that information.

⚡ Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of buying, supplying, or marketing our Services).

⚡ Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.

USING RIGHTEOUS PR CONTENT

8 Righteous PR Content

As part of the Services we supply you, we may include access to some of our own Content. We don’t guarantee a specific type of our Content will be available for a particular length of time and some Content is only available on a limited or single-use basis.

Ownership of Intellectual Property (IP)

We own all Intellectual Property rights in our Content. We grant you a limited license to make use of our Intellectual Property within our Content to the extent needed for you to make use of a Service you buy from us.

When we create content specifically for you

Where we specifically create content for you, we retain ownership of all rights in that content until you pay our Fees in full. On full and final payment, we grant you a single-use, revocable, non-exclusive, non-transferable, licence to the content deliverables for the purposes set out in our agreement with you.

Your obligations when using our Content

Unless we give you permission in our agreed Proposal with you, you must not copy or create derivative, imitative works of our Content or sell or claim ownership to our Content

⚡ In addition to being annoyed with you, if you misuse our content, we may take action to protect our rights without further notice to you.

⚡ If you have questions or want permission to use our Content, please contact us.

RESOLVING ISSUES

9 Delay

Things outside our reasonable control

Neither you or we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money.

How to manage Service delays and problems

⚡ If we become aware of anything likely to result in a material delay in or failure to perform any Services, we will let you know promptly and include details of:

The nature and cause of the delay or problem;
The steps being taken to minimise the impact of the delay or problem; and
Whether or not the problem is caused by something outside our reasonable control.

⚡ After sending that notice, we will:

Keep you informed of how we plan to work around the problem;
Give you regular updates, at least weekly, on progress; and
Comply with reasonable requests from you to prevent or minimise impacts of the delay or failure to deliver Services.

10 Consumer rights if something isn’t right

If you are a consumer, you have specific rights when you buy our Services (see accc.gov.au), and these Terms do not replace legal rights you have under law.

Let us know if you have an issue

If you have an issue with our Services, you’ll need to work with us so we can help resolve that issue.

⚡ Your name and email address;

⚡ Details of the issue (e.g. about the issue, when it started, what you tried to resolve it so far, etc);

⚡ How we can help you resolve the issue; and

⚡ Relevant information (such as screenshots of the issue or copies of relevant documents).

We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days. If we can’t resolve your issue after this, we will be in touch to set out some proposed next steps.

Resolving disputes

If a dispute arises under these Terms, we both agree to act reasonably to resolve issues.

11 Termination and suspension

We might suspend or end this Agreement

We try to discuss and resolve issues with you first, but may suspend or terminate a Service at once if:

⚡ You do not pay us undisputed Fees after we have given you reasonable notice to pay; or

⚡ You are in breach of this Agreement and either you cannot fix that breach, or you do not fix the breach after we give you a reasonable time to fix the breach; or

⚡ You fail to give us instructions or complete your obligations within a reasonable time; or

⚡ We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour is likely to damage our reputation.

When can we suspend or end this Agreement?

Either Client or Righteous PR can end this Agreement on 14 days written notice to the other.

⚡ Early termination charges may apply if you end the Agreement during a Campaign. In the unlikely event of cancellation/ early termination, the outstanding costs in fees are limited to one month (not withstanding any other additional costs incurred).

12 Actions after termination or suspension

If we end or suspend a Proposal because of your behaviour or breach of the Terms:

⚡ You must pay for Services received up until the Agreement ends.

⚡ You are generally not entitled to a refund for the Fees. We may decide to refund a portion of Fees already paid, less reasonable costs we incurred for Services delivered and / or administrative costs; and

⚡ You are no longer allowed to use the Righteous PR Content included with our Services.

GENERAL DETAILS

13 General agreement details

Changing these Terms

We may change our Terms from time to time. When we do change these Terms, the changes take effect on and from the day we put the updated Terms on our Site or otherwise notify you.

Transferring this Agreement

We may assign, subcontract, or transfer some or all our rights or obligations under this Agreement without notice to you. You cannot assign, subcontract, or transfer your rights or obligations under this Agreement without our consent.

Survival

The rights and obligations under the following sections of these Terms remain in force after these Terms expire or end: Key confidentiality obligations, 0 Ownership of Intellectual Property, 0 When we create content specifically for you

Your obligations when using our Content, 4 Disclaimers, 5 Paying for losses and limiting liability, 12 Actions after termination or suspension, 0 Survival.

Other general details

⚡ Invalid parts severed: If a court of law decides one or more parts of our Agreement with you is invalid or unenforceable, only those parts are severed from the Agreement and other parts remain in full force and effect.

⚡ No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.

⚡ Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.

⚡ Full agreement: The Agreement outlines the full agreement between you and Righteous PR in relation to the Services or access to Site that we supply to you.

⚡ Governing law: This Agreement is governed by the laws in force in the State of Victoria, Australia, and the parties agree to submit to that jurisdiction.

14 Dictionary of words used in these Terms

Capitalised words in this Agreement have the following meanings

⚡ Campaign means the period of time during which we will provide the Services set out in an agreed Proposal.

⚡ Confidential Information includes all material, Intellectual Property, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation relating to a party’s business but excludes information that, without the breach of this agreement:

is already known to the receiving party,
is or becomes publicly known.

⚡ Content means all tools we create, develop, or use to supply you a Service, which might include one or more of the following: access to educational videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, verbal or written advice, programs, content on our Site, digital products, eBooks, and / or webinars. Righteous PR always retains ownership of all Righteous PR Content.

⚡ Fees means the charges you pay to us for the Services we provide, as set out in a Proposal or as otherwise agreed with you.

⚡ Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Righteous PR Content forms part of our Intellectual Property.

⚡ Proposal means the document we agree with you that outlines the type of Services you buy, the length and type of Campaign, the included Content, as well as the applicable Fees.

⚡ Services means the various public relations products and services offered by us from time to time, including copy writing, calls, coaching, consulting, webinars, workshops, courses, and other related products and services

⚡ Site means our website righteouspr.com.au, and includes our mobile apps & presence on third-party applications as well as social media platforms.

If you have any questions or notices about these Terms or our other policies, please contact us, we are happy to help!

Last updated: April 2021