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Sales letter agreement: terms and conditions for PR+ services.  Issue No 5.

Hamilton House Mailings plc, Earlstrees Ct., Earlstrees Rd., Corby, Northants NN17 4HH
Phone 01536 399 000.  Fax 01536 399 012.

If you (“the customer”) would like Hamilton House Mailings plc (“Hamilton”) to provide a monthly public relations service for your company and trial mailing service(“the work)” please read the following terms and conditions, sign the form below, and fax the form back to Hamilton House Mailings plc on 01536 399 012.  

If you are unable to fax, please email Creative@hamilton-house.com with the following text.  (NB this text must not be varied, and your name and company name and address must be given at the end of the email).

“I have today [insert date] read the terms and conditions for PR+ services issue number 5, of Hamilton House Mailings plc relating to the production of a work for use in the promotion of this company, and wish Hamilton House to proceed to produce the work as discussed in accordance with these terms and conditions.   I agree the price will be £900 plus VAT per month until cancelled.

  1. Hamilton will produce the text of one press release, one article or devise an alternative PR approach per calendar month and submit it to selected relevant media contacts.  Hamilton will also make appropriate follow up calls where required. 
  2. The style and approach that Hamilton will adopt has been outlined in phone calls and/or notes and/or personal meetings, and in agreeing these terms and conditions the customer agrees that the style and approach discussed meet the requirements of the customer.
  3. Before despatch of any press release, article etc the customer will have the option of accepting the work or rejecting the work.  The customer must accept the work before Hamilton proceeds further.   If the customer is unsure or unhappy about any aspect of the work submitted then Hamilton will willingly discuss the work with the customer (normally on the telephone), and Hamilton will re-write in accordance with the customer’s wishes. 
  4. Copyright of the work, once accepted, transfers to the customer upon payment of the invoice by the due date. 
  5. Immediately the work is accepted Hamilton will distribute it to the relevant media and will follow this up where appropriate with phone calls and emails.  Hamilton will also re-work the press release into a mailshot, and again submit this to the customer for acceptance.
  6. Once accepted the mail shot will be printed and despatched to an agreed number of schools.   A copy of the database will be supplied to the customer for checking purposes – this list must not be used by the customer for mailing, telephoning or other marketing purposes.  
  7. The customer will report to Hamilton how many orders were received from this trial mailing, and the customer will have the option of proceeding with a full mailing, at the customer’s discretion.
  8. The printing of the mailing letter, the envelope, the labels, the labour and the postage will be paid by Hamilton.  Hamilton may indicate that a brochure should also be supplied for use with the mailing.  Where this happens the cost of the printing of the brochure or other insert will be paid by the customer, not Hamilton.
  9. Hamilton will issue an invoice each month for £900 plus VAT to cover the work undertaken, this invoice to be paid within 30 days of issue date.   The service can be cancelled with one month’s notice at any time issued by either side in writing.  Each side agrees to acknowledge such termination in writing within one week of receipt.
  10. Hamilton will use all due care to create a work which meets the customer’s needs.  However the customer must recognise that Hamilton often does not possess information on what the customer’s competitors are doing, and nor does it have technical information about the product or service being sold.    Hamilton does not guarantee that the customer will gain any specific press coverage or other results or sales from using the work, and will not be responsible for any direct or consequential losses, claims or damages of any kind that result from the use of the work.    
  11. Should any claim be made at any time against Hamilton by the customer Hamilton’s liability will always be limited to the value of the invoice issued by Hamilton in respects of creating that specific item of work – which will normally be one month’s invoice.
  12. It is in the nature of its creative activities that Hamilton staff accept on good faith any claims or suggestions made or implied by its customers either in writing or during conservations with Hamilton directors and staff.  Hamilton therefore does not submit the works it creates for its customers to the Advertising Standards Authority or other bodies and does not have its work checked by solicitors or other professionals prior to submissions.  Customers should therefore always check that all explicit and implied claims made within the work submitted by Hamilton are true and can be verified should this ever be required.  Hamilton will not be liable for any loss or claim arising as a result of matter included within the work submitted to the customer.
  13. Hamilton will liaise continuously with the customer over the work produced and will use its very best endeavours to achieve the best possible results for the customer.
  14. If the customer wishes to suspend PR work at any time for a period of one or two months, Hamilton will do this, but will continue to service the account by answering PR enquiries from journalists, and creating new copy where this is required.  Hamilton will also continue to collect in replies to questionnaires, press cuttings and undertake other work that comes in.   In recognition that no new press releases are being written during this period the monthly fee for such months will be reduced to £100 per month plus VAT.
  15. Hamilton maintains an office with trained staff able to handle enquiries from journalists and editors, open between 9am and 5pm Monday to Friday excluding bank holidays and the period from Christmas Eve to the New Years Day bank holiday inclusive.  However Hamilton staff will not be able to answer all technical questions on products and services and so, if Hamilton is the first port of call for the media, Hamilton will inevitably be forwarding some enquiries to the customer.
  16. It may happen that on occasion magazines will agree to run a story in return for the customer taking advertising.   As above the customer must inform Hamilton of such calls if they go direct to the customer.  Hamilton will always give guidance and advice on how worthwhile the investment will be on this occasion but the decision to run the advert or not will always be that of the customer.   The fee for running such an advertisement will be payable by the customer, and is not considered part of the monthly fee paid by the customer to Hamilton.
  17. Work not mentioned in this contract is normally considered “extra” and thus may incur a charge.  Hamilton will indicate in advance when such a charge is to be made.  The most common example thereof is photography, which is always charged extra.

 

Please complete this form and return to Hamilton House Creative on 01536 399 012.

I have read the terms and conditions for PR+ services issue number 5, of Hamilton House Mailings plc relating to the production of a work for use in the promotion of this company, and wish Hamilton House to proceed to produce the work as discussed in accordance with these terms and conditions.   I agree the price will be as set out in that contract.

 

Your name ______________________________ Your company _____________________

Address ____________________________________________________________________

___________________________________________________ Date ___________________

Phone number ___________________________  Email ______________________________

Signature ___________________________________________________________________