Terms and Conditions - PR Svcs

This Terms of Services Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Rallyrace Ltd t/a Car Copy (hereinafter the “Provider”) to perform certain Services as outlined herein. This is a legally binding Agreement between the Client and the Provider. By becoming the Provider’s Client, the Client agrees to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which the Client submits their order for Services to the Provider.

1. SERVICES

The Provider will provide Services to the Client as outlined on the Provider’s website (www.carcopy.co). This Agreement supersedes all other agreements and is shown to the Client prior to sign up. It is the Client’s responsibility to read through these terms in full, so they fully understand what they are agreeing to. The Agreement must be digitally approved by the Client, thereby agreeing to it in its entirety, before any work can commence. Client will provide this digital approval by checking the box next to the relevant sentence on the service order page.

2. PROVIDER’S OBLIGATIONS

2.1 The Provider will provide Services to the Client in accordance with the company’s standard policies and procedures. The Provider reserves the right to reject Clients for any reason, at the Provider’s sole discretion. The Provider will be responsible for all aspects of providing the Services.

2.2 All the Provider’s rules, policies and operating procedures concerning privacy, pricing, customer services, and all other aspects of the Services will apply, and the Provider may change its rules, policies and operating procedures from time to time at its sole discretion. This includes pricing, package inclusions, and more.

3. SERVICES DESCRIPTIONS, FEES AND PAYMENT

3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for Services.

3.2 Initial charges for Services will be paid in advance of Services. Thereafter, in respect of recurring Services, the Provider will attempt to charge Client’s credit card on the monthly anniversary date of the Client first ordering Services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.

3.3 Client has the option to request up to two revisions to a draft press release, once it has been submitted by the Provider. If the Client does not exercise this right, the press release will be considered final. These requests must be received via email or through the Client's portal. All posts will be considered final and approved after 4 weeks with no feedback. After this period, the Client agrees that no revisions will be made.

3.5 Cancellation Policy – Cancellations are completely self-serve, and, if the Client has a subscription, they can cancel it via their Client portal by signing in and going to the ‘subscriptions’ section. The Provider does not issue prorated refunds for cancellations received early in a billing period but will finish out the month(s) if requested (this includes multi-month plans where the Client has received a discount, however the Provider will require the discounted price to be voided and be paid the difference before continuation of Services).

3.6 The Client will be liable for accrued back payments, should the Provider continue work when a payment is past due, and the Client has not cancelled. However, the Provider does not charge interest. The Provider will keep accurate records of all communication and work performed to justify the back-payment due.

3.7 Client may schedule an on-boarding call with the Provider, using the calendar booking tool supplied. Provider may also ask the Client to complete a form with information that will help writers understand and generate content. Client is encouraged to supply the Provider with any content ideas or direction that may help the writers to generate the best material.

3.8 This Agreement will supersede and replace all other Agreements between the Parties of the same subject matter, including any Agreements, directions, or claims made by the Provider’s employees, unless a formal variance is confirmed and agreed to by the Client and executive level management at the Provider.

3.9 Content Review and Approvals - all plans will continue to be fulfilled even when the Client does not respond to or mark their content for approval.

3.10 Disputes – We will fight vigorously, via legal routes, when necessary, if the Client breaches our terms and conditions. The Client’s account will then be turned over to debt collection and referenced to all three credit reference agencies.

4. WARRANTY DISCLAIMERS

4.1 REFUND POLICY – The Client may request a refund of charges related to press release creation (only) within 14 days of the final version being submitted. Once that period has completed and the Client is happy to proceed, there are no refunds. This policy only applies to press release creation and not to press release distribution, monitoring or reporting services. The policy only apples to the first press release creation service.

4.2 – THE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

5. INDEMNITY

Client will indemnify and hold harmless Rallyrace Ltd t/a Car Copy and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.

5.1 The Provider uses only images provided by the Client, or one of several photography databases that offer royalty free images for marketing use. The Provider pays for many of these Services. Regardless, Client will indemnify and hold the Provider and its customers, suppliers, directors, officers, agents and employees harmless from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any issues with images provided through this Service that may result in any claims of copyright infringement. Client agrees to assume full responsibility for the content posted to their accounts.

7. LIMITATION OF LIABILITY

THE PROVIDER SHALL NOT BE LIABLE TO THE CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROVIDER’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO THE PROVIDER BY CLIENT FOR SERVICES DURING THE PREVIOUS ONE (1) MONTH. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

8. MISCELLANEOUS

This Agreement constitutes the entire understanding and Agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in the Provider’s sole discretion, and the most current Agreement will always be published here. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without the Provider’s prior written consent, and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in London, United Kingdom, and the parties hereby consent to the jurisdiction of the courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.K. Royal Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

9. CREDIT CARD DISPUTES

In the event of a credit card dispute, all credits, refunds, and account work come to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer. Negotiating a fair compromise and credit will always be more favourable than filing a dispute in almost all cases. The Provider is always happy to negotiate a favourable outcome for both parties.

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