Promotional Advertising Terms & Conditions

Interpretation

The definitions and rules of interpretation in this clause apply to this agreement.

“CLIENT”: shall mean the party requesting or commissioning the work. The party may include (but not be exclusive to) an author or publisher.

“PROMOTIONAL ADVERTISING”: shall mean advert creation and promotion via social media platform(s). Advertising spend is specifically excluded and is the Client’s direct cost.

“WRITEM”: shall mean Writem Limited [Beckside Court, Annie Reed Road, Beverley], the party undertaking the Promotional Advertising work.

Confidentiality

1.1 All materials supplied by the Client are considered confidential.
1.2 The Client materials will be utilised by Writem for the sole purpose of developing and completing the Promotional Advertising project (or estimate).
1.3 Client materials will not be shared with third parties external to Writem unless agreed in writing by the Client.

Rights of Ownership

2.1 The rights to the Promotional Advertising shall be owned by Writem.
2.2 Copyright and ownership of all Promotional Advertising elements and unused draft Promotional Advertising is owned by Writem.
2.3 The Client agrees that they have no right to alter the completed Promotional Advertising in any way.
2.4 Writem will not provide the Client with Promotional Advertising creatives, fonts, or source files.
2.5 Writem retains the right to use the Client’s author name and the book title for promotional activities of Writem.
2.6 Client confirms it owns or has appropriate intellectual property rights to all Client materials supplied to Writem.

Liability

3.1 Writem is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to Promotional Advertising, materials, or services provided by Writem.
3.2 Writem are not liable for any breach of obligations resulting from causes beyond Writem’s reasonable control including strikes, natural disasters, or political unrest.

3.3 Writem is not responsible for any claim, loss, or injury based on errors or any other inaccuracies, including without limitation as a result of any breach of the terms and conditions of this agreement.
3.4 Writem will not be responsible for any costs incurred by the Client as a result of delays to publishing dates.
3.5 Writem take no financial or legal responsibility for any issues or expenses incurred by Client in relation to using the Promotional Advertising.
3.6 Client agrees to indemnify and hold harmless Writem from all libel, copyright, and permissions infringement action resulting from Promotional Advertising or other materials provided by Client.

Promotional Advertising Process and Payment

4.1 Writem will provide the Client with a quote for the Promotional Advertising project.
4.2 Writem will schedule the development of the Promotional Advertising creative(s) once a 50% deposit is received from Client.
4.3 The lead time to develop and finalise the Promotional Advertising creative(s) will be confirmed on payment of deposit.
4.4 Writem shall use reasonable endeavours to achieve the lead time provided however Writem shall have no liability if lead times cannot be met.
4.5 When the Client pays the remaining 50% of the quote the Promotional Advertising project will be scheduled on social media platforms.

Cancellation

5.1 Either Client or Writem may cancel this agreement by providing written notice to the other party prior to the Promotional Advertising project commencing.
5.2 Should Client cancel the agreement Client shall forfeit the 50% deposit already paid under 4.5.
5.3 Client shall have no rights to any of the Promotional Advertising elements created for the cancelled project.
5.4 If Writem cancels the agreement the deposit will be repaid to Client in full.

Modification of Agreement

6.1 Modification of any provision of this agreement is not valid or enforceable unless confirmed in writing and signed by all parties in hardcopy or e-signature.

Severability

7.1 The finding of any provision in this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.

Complete Agreement

8.1 This agreement is the entire agreement of all parties. No additional promises or conditions, written, or oral, apply to this agreement that are not included herein.

Governing Law

9.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and will be subject to the exclusive jurisdiction of the Courts of England.

Data Protection

10.1 Both parties agree to comply with all applicable data protection legislation in force from time to time in the UK including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and any other applicable regulations.