Well Spirited PR – PR Services Terms and Conditions

We are so delighted you have decided to use our services or resources - please read the following important terms and conditions before you commit to using them.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

The intention is that it will bring clarity to our relationship, protect all of us and take care of the business side of things so that we can get on with the good stuff! Please let us know if there are any clauses that you do not understand or that contradict your understanding of our services.

In this contract:

  • ‘We’ or ‘us’ means Suzie Bartle Limited trading as ‘Well Spirited PR’; and
  • ‘You’ or ‘your’ means the person buying or using our services and resources.

If you would like to speak to us about any aspect of this contract, please contact us by e-mail at suzie@wellspiritedpr.co

BACKGROUND

We provide PR services to businesses.

We are a limited company registered in England and Wales with company number 09366912 and with its registered office at My Accountancy Place, 16 Blackfriars Street, Salford, M3 5BQ.

  1. Introduction
    1. If you buy or use any PR services from us (and any reference to ‘services’ in this agreement is to PR services) you agree to be legally bound by this contract.
    2. If you use any of our free resources (for example podcasts, workbooks, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment. 
    3. When buying any services or using any resourcesyou also agree to be legally bound by:
      1. our website terms of use and privacy policy;
      2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us; 
      3. specific terms which apply to our services, for example the programme or service descriptions which are set out on the webpage for that programme. If you are joining one of our programmes, please visit and read the relevant webpage for your programme.

All these documents form part of this contract as though set out in full here.

  1. Ordering services from us
    1. Below, we set out how a legally binding contract to buy services between you and us is made:
    2. You place an order on the site by clicking to agree to these Terms and Conditions on the relevant ‘Moonclerk’ page for your programme, entering your payment details and clicking on the ‘complete’ button.
      1. When you complete the online checkout process by clicking on the ‘complete’ button, we shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
      2. When you complete the online checkout process, this is when you offer to buy services from us.
      3. We may contact you to say that we do not accept your order, for example if we do not think our services are right for you or there has been a mistake in the pricing or description of the services, or our circumstances have changed since we gave you the details of the services . 
      4. We shall only accept your order when we confirm this to you by sending you a confirmation email. At this point:
        1. a legally binding contract will be in place between you and us, and
        2. we shall start to carry out the services as set out in the programme description on this website.
  1. Carrying out the services
    1. The services you are buying are set out in these terms and conditions, your programme or services description on the relevant webpage and, in the case of a 6 month programme, the ‘PR Strategy’ document we shall agree with you.
    2. The services will be carried out with reasonable care and skill.
    3. We shall use reasonable endeavours to carry out the services within the time period which is set out in the programme description, but time of performance is not of the essence of this contract.  This means where we miss a timescale agreed with you this will not entitle you to terminate the contract with us or ask for a refund.
    4. All PR coaching and advice session must be taken within the timeframe specified in the programme description or they will expire.  If your sessions expire you will not be entitled to any refunds in respect of them.
    5. You can rearrange any two PR coaching sessions during a programme providing you give us at least 48 hours’ notice.  If you give us less than 48 hours’ notice or have already rearranged 2 sessions in a programme, unless we agree otherwise with you in advance, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
    6. Apart from any face to face sessions included in the programme description, all sessions take place remotely via the means of communication agreed with you in advance.  There may be an additional charge for face to face meetings.
    7. Our core office hours are Monday to Friday 10.00am to 4.00pm and we can usually guarantee availability during these hours to attend meetings and calls with you, in accordance with the terms of your programme.  This does not preclude attendance at pre-agreed events and we may be available at other times by prior arrangement.
    8. In order to avoid confusion and the possibility of missed or delayed communications, our main forms of communication are limited to telephone calls, skypeand emails.  Although we may respond to other forms of communication, we can only guarantee a timely response to these forms of communication.  
    9. Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet failure or other IT problems, if one of our employees is ill or if you change the services you require from us and we have to do extra preparation.
    10. We shall have the right to make public, including on social media, and issue press releases in respect of the provision of services by us to you in order to promote our business.
  2. Your responsibilities
    1. You will pay the price for the services in accordance with the programme description.
    2. You will provide us promptly with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.
    3. You accept and agree that you are completely responsible for your progress and results from the services.  We shall help you through the process but your full participation is essential to the success of the programme or services.  For this reason, although we expect great things to come from our PR coaching sessions and services in general, we cannot guarantee any specific outcomes and the results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree. There is no guarantee that you will increase your brand visibility, income or achieve any other specific result as a result of your participation in one of our programmes or receiving our services.
    4. Our role is to offer you advice, guidance and accountability and help you make positive business changes in order to make progress towards your goals.  
  3. Charges, payment and refund policy
    1. The price for the services is a fixed price which is set out in the programme description.
    2. We want you to be happy with our services.  However, we have invested considerable time and effort in our programmes and services and therefore if you decide to withdraw at any time for any reason, you are still responsible for making all payments and subject to 5.3 below, no refunds will be given. This is a reflection of the of the amount of preparation we need to put into the programmes to make them most effective for you and the amount of time we dedicate and set aside for preparing for and attending our sessions together.  This policy also helps you with your own accountability and commitment to growing your business through the services.
    3. Where Well Spirited PR cancels a programme other than under 9.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received. 
    4. Payment is via the payment form and ‘complete’ button on this website.
    5. Usually we require payment in full in advance but in certain circumstances we may agree to payment by instalments, in which case a supplementary fee may be chargeable.  If we agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then we shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
    6. If your full payment or any instalments are not paid on the due date, we may charge interest on any balance outstanding at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate. 
  4. Intellectual property
    1. In this clause the following words and phrases shall have the following meanings:
      1. Deliverables - means any bespoke press pitches, press releases or bios produced by us or our agents in relation to the services and to be supplied to you as set out in a programme description;
      2. Intellectual Property Rights - means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, trade names, design rights, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing;
    2. If we provide you with any materials other than the Deliverables during the services, whether digital or printed, any Intellectual Property Rights in those materials belongs to us and unless we agree otherwise you can only use those materials for your own internal business purposes to obtain the benefit of our services.  You may not use such materials for any other purposes and you may not share them with third parties.
    3. Following payment in full for our charges, we hereby assign to you all Intellectual Property Rights in the Deliverables.
  5. How we may use your personal information
    1. We shall use the personal information you give to us to: 
      1. provide the services; 
      2. process your payment for the services; and 
      3. inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us. 
    2. Subject to 3.10, all information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others. 
    3. We shall not give your personal information to any third party unless you agree to it.
  6. Resolving problems
    1. In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
    2. We may at our option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
  7. End of the contract
    1. If a programme or services description specifies a length of time for services to be provided, then subject to clause 9.3 below, the services will terminate at the end of that timeframe.  The timeframe we agree is a contractual commitment you and we make to each other and we shall block out time and manage our work intake accordingly.  For this reason the time frame is fixed and you cannot terminate the contract before the end of that timeframe or request a refund of any payments made in advance.
    2. If we provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or we may terminate the services by one month’s written notice to each other.
    3. Either you or we may terminate the services and this contract immediately if:
      1. the other party commits any material breach of the terms of this contract or a statement of work and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so.  The written request must expressly refer to this clause and state that the statement of work or this contract will be terminated if the breach is not resolved; or
      2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
    4. In addition to the circumstances set out in clause 9.3, we may terminate the services and this contract on one month’s written notice in which case you will receive a refund of any charges paid by you in advance, less a deduction in respect of work already undertaken on your behalf.
    5. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
  8. Limit on our responsibility to you
    1. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Subject to clause 10.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for our services.
  9. Subcontracting
    1. We may subcontract any or all of our obligations under this agreement.
    2. Ordinarily we contract with subcontractors on the subcontractor’s normal terms of businesswhich may not be entirely consistent with this agreement. If any delay or failure by a subcontractor properly to undertake subcontracted services causes a delay or failure by us in performance of this agreement, it is agreed that:
    3. we shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the subcontractor; and
    4. except to the extent the delay or failure is caused by our failure to use reasonable care and skill in the management or selection of a subcontractor, we shall not be in breach of this agreement and shall have no liability to you arising out of any such failure. 
  10. Disputes
    1. We shall try to resolve any disputes with you quickly and efficiently.
    2. If you and we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
    3. The laws of England and Wales will apply to this contract.
  11. Non-disparagement
    1. If there is a dispute between us, you agree not to publicly or privately make any negative or critical comments about our programmes or services, or to communicate with any other individual, company or entity in a way that disparages the services or harms our reputation in any way, including on social media. 
  12. General
    1. This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. 
    2. Third party rights.  No one other than a party to this contract has any right to enforce any term of this contract.
    3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    4. Amending the terms.  No variation of these terms shall be valid or effective unless it is in writing, refers to these terms and conditions and is agreed to by you and us.
    5. Survival of terms.  Any clauses in these terms that are expressly stated, or by implication intended, to apply after expiry or termination of our contract shall continue in full force and effect after such expiry or termination.