Terms & Conditions
FOR DETAILS OF NEWSROOMS SUBSCRIPTION PRICES PLEASE CONTACT SALES@MEDIAWASP.COM
OR CALL 020 7939 1463
1.1 www.mediawasp.com is a website operated by us, Mediawasp Limited. We are registered in England and Wales under company number 07133060 and with our registered office at 4 Leathermarket Street, London, SE1 3HN. Our VAT number is 992 7794 46
1.2 We provide you, the subscriber, with online newsrooms (Newsrooms) to display press materials for download and use by journalists which we make available on our website, www.mediawasp.com (Website) in return for a fee.
1.3 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the Newsroom subscription (Subscription) to you. Please read these terms and conditions carefully before ordering any Subscription to our Website. You should understand that by ordering any Subscription, you agree to be bound by these terms and conditions.
1.4 You should print a copy of these terms and conditions for future reference.
1.5 Please click on the button marked "I Accept" on the order/subscription page if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to subscribe to our website.
2. Pricing and payment
2.1 By subscribing to create one or more Newsrooms on the Website you will have 30 days free use of the service with no obligation to continue. Before the end of the 30 days you will be sent an invoice for 6 months’ use of the service. If you wish to continue with the service for another 6 months they must pay the invoice in accordance with its terms. (Failure to pay – will result in closing)
2.2 An invoice will be sent to you before the end of each 6 month period, if you wish to continue the service for a further period of six months you must pay the invoice in full in accordance with its terms.
2.3 The 30 day free trial period applies only to the first Newsroom created by you Additional Newsrooms may be created and used for free during the trial period. At the end of the trial period all Newsrooms will be subject to our subscription fees.
2.4 For details of our fees please see [web address] or speak to your Mediawasp representative. Our prices are subject to change from time to time.
2.5 The price of any Subscription will be quoted on our site from time to time, except in cases of obvious error.
2.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
2.7 We are under no obligation to provide the Subscription to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-pricing.
2.8 Payment for all Subscriptions must be by cheque, bank transfer, credit or debit card. We accept payment with [List credit/debit cards]. We will not charge your credit or debit card until we have confirmed your Subscription.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to subscribe to a 30 day free subscription. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription has been successful. The contract between us (Contract) will only be formed when we send you a confirmation email.
3.2 Your payment of our invoice for a six month Subscription constitutes an offer so as for that Subscription and a Contract is only formed between us in respect of that Subscription when we send you a confirmation email.
4. Content licence from you
4.1 You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Website. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, perform, display and distribute any content which you submit, post or display on or through, the Website. This licence is for the sole purpose of enabling us to display, distribute and provide the Website.
4.2 You understand that we, in performing the required technical steps to provide the Website to our users, may (a) transmit or distribute your content over various networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit us to take these actions.
4.3 You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence.
5. Service access
5.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. Visitor material and conduct
7. Uploading material to our site
7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy and that you have the right to use and distribute the material. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
7.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
7.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy or in the event that we receive a complaint from another user or subscriber.
8. Login details
8.1 We will issue you with login details (user name and password) to access the Newsrooms created by you.
8.2 If you share you login details with anyone else, you are responsible for ensuring that person complies with these terms and conditions and you agree to indemnify us for any breach of these terms and conditions.
8.3 If you believe your account has been hacked or accessed by an unauthorized person, you should contact us as soon as possible via email: email@example.com.
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in this legal notice shall excludes or limits our liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mediawasp Limited at 4 Leathermarket Street, London, SE1 3HN or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation.
17. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.