FOCUSON NEWS TERMS AND CONDITIONS
First of all we welcome you to Our website. This site is designed to provide clarity and transparency in setting out the Terms and Conditions that govern the use of Our site and the resources We provide.
These Terms and Conditions serve as a non-transferable Agreement between You (the customer and/or the company represented by an employee, agent, sub-contractor or anyone who is working on the company’s behalf) using our Content and us (FocusOn News Ltd).
If you use the website the use is deemed to mean you have accepted these Terms and Conditions, as a binding agreement on the provision and use of the Content.
- Definition of Terms
1.1) FocusOn News is the owner or licensor of all content and of the site and shall include, or be signified by the term the Company, We, Us or Our or other similar terms denoting proprietorship.
1.2) The Customer, You or Your : means any the person or organisation who buys Content or Services from the Company.
1.3) Confirmed Order: is our written confirmation of what the Customer has agreed to buy and what We have agreed to supply and all the details relating to this.
1.4) Content: Means any photograph, image, text, article, graphic, animation, audio component, digital component, translation or anything else containing Our work.
1.5) Suggestions Pitched On Spec: means the Company will submit Content to the Customer which We feel may be of interest to the Customer and which is identified as ‘On Spec’ on the website. If the Customer downloads this Content, which is accessible through the Customer’s account on Our website, the Customer will be deemed to have entered into the Agreement with Us.
1.6) Downloaded Content: Content which the Customer pays on publication after download from the site. To be able to use such Content for the permitted use subject to the Download Conditions (see Section 3)
1.7) Fees: Means the fees payable by the Customer in respect of the use of Content for the Permitted Use. By downloading Content from this website, the Customer agrees to be bound by the conditions which means the Customer is purchasing the material for publication and the Customer agrees to pay the stated or negotiated amount upon submission of invoice or within the mutually agreed terms and method of payment.
1.8) Permitted Use: The use of the Downloaded Content for editorial use only in any format.
1.9) Territory: The territory in which the Customer is permitted to use the Downloaded Content, as specified on the site in relation to that Downloaded Content.
1.10) Non-transferable: means that the work the Customer produces using Our Content must be for the Customer’s own use, or for the use of their direct employer, client, or customer, ie: the end-user of their work. The Customer may not sell, rent, loan, give, sub-license, or otherwise transfer the right of use of Our Content to anyone outside of these terms.
1.11) The Customer agrees to take all commercially reasonable steps to prevent third parties from reproducing or distributing Our Content by affixing a copyright/credit line on images as described in paragraph 3.13 below.
- Terms of agreement
2.2) In entering into this Agreement the Company provides the Customer with the right to use Our Content on a non-exclusive basis. The Customer will not acquire the rights, title or interest to own the any of Our Content.
2.3) If You are purchasing on behalf of a Company/Organisation, You confirm that You have the right to do so.
2.4) The Content on this website is owned by the Company and is either Our own copyrighted Content or is Content for which We have licenses to sell or re-sell, or to provide on a non-exclusive basis.
2.5) Unless otherwise stated the Company owns and asserts all Intellectual Property Rights both commercially and morally over the website itself and the content on the website.
2.6) The Customer is able to use whatever We supply to You for the use We have agreed, but not otherwise. For example, if an image is supplied to appear in a named magazine, You may not then use it in another magazine without Our agreement.
2.7) The Customer must not take without Our permission or without payment any image, video, copy or other content from Our website and sell, rent, lease, license or provide royalty free use in any way whether electronically or via print, broadcast, podcast or any other method of media distribution commonly in use or which may come into use in the future.
- Download Conditions:
3.1) If the Customer chooses to download, use any of Our On Spec content and publish the material, then an agreement is immediately formed between Us and You. And You agree to be bound to these Terms and Conditions.
3.2) Similarly, if the Customer uses any of Our Content without prior written agreement, then an agreement is immediately formed between Us and You. And You agree to be bound to these Terms and Conditions.
3.3) This site is intended for business Customers only and not consumers. The Customer will be required to set up an account with the Company to access and use the Content supplied on Our website.
3.4) Where You are personally provided with an account and password or any other piece of information as part of the Company’s security procedures, You must treat such information as confidential, and must not disclose it to any third party.
3.5) Once the Customer has registered with Our website, the Customer will be added to Our mailing list and receive regular email alerts of the Content being distributed. This will prompt the Customer to access Our website.
3.6) Fees: Means the fees payable by the Customer in respect of the use of Content for the Permitted Use. By Downloading Content from this website and publishing the material the Customer agrees to pay the stated or negotiated amount upon submission of invoice or within the mutually agreed terms and method of payment.
3.7) It is not permitted for our Content to be downloaded, published then removed (on an editorial whim) without payment being incurred. The exception being that We advise You in writing that the material should be taken down.
3.8) The Company has the right to disable any user account or password, whether chosen by You or allocated by Your company, at any time, if in Our opinion You has failed to comply with any of the provisions of these Download Conditions.
3.9) Each time the Customer Downloads Content for publication from Our site a contract will be formed between Us and You based on the terms within the Download Conditions.
3.10) It is recognised that Downloading does not guarantee publication and no fees will be charged is the material is not used.
3.11) We recognise that all pre-planned segments are subject to postponement or cancellation based on breaking news and daily news pressures. Where this is the case the Customer should endeavour to send a declaration email confirming usage.
3.12) The Company grants the Customer limited, non-exclusive right to use Downloaded Content in the territory for the permitted use only and for no other purpose without the written consent by Us. The license granted is a single use license and permits the Customer the right to use the Downloaded Content in one publication only unless otherwise expressly agreed with the Company.
3.13) Downloaded Content may not be used for advertising, commercial, merchandising or any other purpose and the Customer may not edit, sell, sub-license, assign or transfer the Downloaded Content to any third party unless expressly agreed by the Company.
3.14) The Company warrants that any Downloaded Content is of satisfactory quality and reasonably fit for the permitted use.
3.15) Nothing in these Download Conditions creates any partnership, fiduciary, employer/employee relationship or other professional relationship between the Customer and the Company.
3.16) These Download Conditions are governed by the laws of England and Wales and Brazil and the courts of England and Wales and Brazil shall have jurisdiction over any claim arising from, or related to, a visit to the site (although the Company retains the right to bring proceedings against the Customer for breach of these Download Conditions in their country of residence or any other relevant country).
3.17) A copyright and credit line must be included with the reproduction of Our images in the format specified for each one. This must be checked and followed through without exception.
3.18) When Our Content is used in a print publication, the Customer will agree to send Us the PDF of the relevant pages containing Our Content within seven days of publication. In other media, where a PDF is not possible, the Customer will provide the Company with free samples (tear sheets) of the relevant pages containing the Content within 30 days of publication. Failure to supply PDF or tear sheet evidence shall be considered a material breach of these Terms and Conditions.
3.19) The Company may revise these Download Conditions at any time by updating this page or by posting notices elsewhere on the site. Any changes to these Download Conditions shall be applicable from the date of posting on the site. Customers should check these Download Conditions at regular intervals.
3.20) The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations under these Download Conditions without the Company’s prior written consent.
3.21) The Company may transfer, assign, charge, sub-contract or otherwise dispose of any or all of its rights or obligations under these Download Conditions.
3.22) The Company will not be liable or responsible for any failure to perform, or for a delay in performance of, any of its obligations under these Download Conditions due to any event which is outside the Company’s reasonable control.
4.1) Content supplied on an exclusive basis will be given 12 hours of clear publication use before being distributed to other media following this period or upon demand following this period.
4.2) When You ask Us to specifically supply content, work or services or anything else, then we will agree the dedicated exclusive time spent working on to the assignment for an negotiated rate. The Company will not distribute Your exclusive Content to other media.
4.3) The Company may withdraw Content or discontinue licensing any item of Content at any time in its sole discretion. Upon notice from the Company, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party’s right for which the Company may be liable, We may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. We will provide you with replacement Content (determined by Us in reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
- Payment Terms
5.1) Unless the Company has specifically agreed otherwise in writing, full payment is normally due within 30 days (or the stipulated terms depending on the arrangement) upon invoice from the date that we supply the items or work/services to you.
5.2) In the circumstances where We have a pre-arranged Self-Billing Arrangement, payment is due within 30 days of publication (or the stipulated terms depending on the arrangement).
5.3) All Fees negotiated with the Customer are in pounds sterling and exclude VAT, which shall be payable (where applicable) at the appropriate rate in addition to such fees.
5.4) Payment must be made in pounds sterling unless otherwise agreed by the Company and can be made by BACs transfer or Paypal.
5.5) When You ask Us to specifically supply content, work or services or anything else, then we will submit a Purchase Order to You.
5.6) If the Customer has any queries relating to an invoice You should raise these with us within seven days of receiving the invoice. Contact us by email Focusonnewsagency@gmail.com. Having a query does not mean that you are entitled to withhold payment or any part of payment.
5.7) If the Company does not receive payment when it is due, or if there are any problems with Your payment, then We reserve the right to:
(a) Refuse to supply You with any Content in any way whatsoever;
(b) Suspend access to the Website and prevent You from downloading any Content until We have received payment in full. This means You will not be able to use any On Spec content, even if an emailed notification of the Content is sent to you.
(c) Charge interest from the date payment was due at the rate of 10% per annum. We are also entitled to recover all reasonable costs and expenses incurred in obtaining payment.
- Refunds Policy
6.1) Refunds in respect of Downloaded Content will only be made if the Customer can prove to the Company’s reasonable satisfaction that the Downloaded Content was not of a satisfactory quality for the permitted use.
6.1) Where the Company confirms that a refund will be made, the Company will usually process the refund due to the Customer as soon as possible and, in any case, within 30 days of the day the Company confirmed to the Customer they were entitled to a refund for the Downloaded Content. The Company will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the Downloaded Content. This may or may not include deductions originally applied during the Customer’s transferred amount.
- Potentially Offensive Material
7.1) This Site contains an archive library of Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. The Company shall not be liable or responsible to You, or any other person or entity with respect to such Content.
- Access To Our Website
8.1) Access to Our website is permitted on approval by Us of the credentials submitted by the Customer. We reserve the right to modify, update, suspend, discontinue or restrict access to the service provided on Our website at any time, without notice or liability.
8.2) While We make every reasonable effort to provide our website 24/7 we will not be liable if Our site is unavailable at any time or for any period without prior notice.
9.1) We aim to hold data according to current applicable Data Protection legislation subsisting in England and Wales.
9.2) The Customer will indemnify the Company against all claims, costs and expenses which We may incur and which arise, directly or indirectly, from Your breach of these Terms and Conditions.
9.3) We shall never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by You or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Customer will indemnify Us against all claims, costs and expenses which We may incur and which arise, directly or indirectly, from Your breach of these Terms and Conditions.
11. Intellectual Property Infringement
If you are an intellectual property rights owner and consider that any Content infringes your intellectual property rights, you may notify us of the alleged infringement by sending the following information to us:
(a) identification of the work which you claim to be infringed;
(b) identification of the Content which you claim to infringe that work in order to allow Us to locate the allegedly infringing material;
(c) your contact details; and
(d) confirmation that you have not authorised the use of the Content in the manner complained of.
Please send details of the alleged infringement to us:
By email to: firstname.lastname@example.org or
By post to: FocusOn News Ltd, 52 Vicarage Gardens, Plymouth, IPL5 1LG, Devon, England, UK
12. Force Majeure
The Company will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations
13. Governing Law And Jurisdiction
These Terms and Conditions and Agreement shall be interpreted, construed and enforced in accordance with the laws in England and Wales, and Brazil and shall be subject to the jurisdiction of the Courts in England and Wales, and Brazil.
14. Information About Us
This site is owned and operated by FocusOn News Limited, a company registered in England and Wales with company number 10686276 with its registered office at 52 Vicarage Gardens, Plymouth, PL5 1LG, Devon, England, UK. The Company’s Brazil office address is Rua Marques de Abrantes 150, Leme, Rio de Janeiro, CEP 22010-060, RJ Brasil.