Terms & Conditions
Harvey & Hugo Terms and Conditions
These Terms and Conditions govern:
- your access to and use of the Harvey & Hugo website; and
- your purchase and use of fixed-fee Pay-as-Hugo PR and marketing services through our website.
Please read these Terms and Conditions carefully before using our website or purchasing a Pay-as-Hugo Service.
By accessing or using our website, submitting information through it or placing an order, you agree to be bound by these Terms and Conditions.
1. About us
The website and Pay-as-Hugo Services are provided by Harvey & Hugo Limited, a company registered in England and Wales under company number 07004092.
In these Terms and Conditions:
Harvey & Hugo, we, us and our mean Harvey & Hugo Limited.
You and your mean the person or organisation accessing the website or purchasing a Pay-as-Hugo Service.
2. Definitions
The following definitions apply to these Terms and Conditions:
Claims: All claims, demands and liabilities, whether civil or criminal and whether arising in tort, contract or otherwise, for damages, losses, legal costs and other expenses, together with all costs and expenses incurred in connection with them.
Client Materials: All documents, images, videos, information, data and other materials provided by you for the purpose of delivering the Services.
Contract: The legally binding agreement between you and us for the supply of a Pay-as-Hugo Service, comprising your online order, our acceptance of that order and these Terms and Conditions.
Coverage: Any written coverage relating to the subject matter of an approved Release that appears in print, including in a newspaper, magazine or other written publication, or online.
Fee: The fixed fee payable for the relevant Service, as displayed on our website at the time of purchase.
Intellectual Property Rights: Any patent, know-how, trade mark, service mark, trade name, registered design, copyright, moral right, design right, database right or other intellectual property right, including any application to register such a right in any part of the world.
Materials: All reports, advertisements, press releases, advertising copy, articles, documents, videos, animations, designs, information, data and files, in any form or format, prepared by Harvey & Hugo as part of the Services.
Pay-as-Hugo Service or Service: A fixed-fee, one-off PR or marketing service displayed and available to purchase through our website.
Release: The Client-approved copy of a press release, article or other written Material intended for distribution or publication.
3. Application of these Terms and Conditions
3.1 These Terms and Conditions apply to your use of the Harvey & Hugo website and to every Pay-as-Hugo Service purchased through it.
3.2 These Terms and Conditions form part of the Contract between you and us.
3.3 They will prevail over any inconsistent terms or conditions supplied or referred to by you, or implied by trade custom, practice or course of dealing.
3.4 Nothing in these Terms and Conditions excludes or restricts any statutory right that cannot lawfully be excluded or restricted.
4. Website conditions of use
4.1 Your use of, access to or submission of information through the Harvey & Hugo website will be treated as acceptance of these Terms and Conditions.
4.2 If you do not agree to these Terms and Conditions, you should not use the website or purchase a Service through it.
4.3 We may alter these Terms and Conditions from time to time.
4.4 Any changes will apply from the date on which the updated Terms and Conditions are published on the website.
4.5 Your continued use of the website following the publication of amended Terms and Conditions will be treated as acceptance of those changes.
4.6 The version applying to a Pay-as-Hugo purchase will be the version in force when you place your order.
5. Website content
5.1 All information contained on the website is provided for general information purposes only.
5.2 Information on the website may be altered, updated or removed by Harvey & Hugo at any time without prior notice.
5.3 This includes any data, facts, links, images, descriptions and other content written, edited or compiled by us.
5.4 We make reasonable efforts to ensure that information on the website is accurate. However, we do not guarantee that all website content will be complete, accurate or current at all times.
5.5 The description and Fee displayed on the relevant Pay-as-Hugo service page at the time of your purchase will form part of the Contract.
6. Website advice and disclaimer
6.1 Any advice or information provided on the website is for general information purposes only.
6.2 You should seek appropriate professional advice before applying any website content to your particular circumstances.
6.3 Results, Coverage, examples or outcomes described on the website relate to particular clients, campaigns or circumstances and do not guarantee that you will achieve the same result.
6.4 We do not guarantee that the website will be uninterrupted, error-free or free from computer viruses, malicious software or other harmful devices.
6.5 You are responsible for using appropriate virus protection and security measures when accessing the website.
6.6 Subject to any liability that cannot lawfully be excluded, we will not be liable for loss or damage arising from a virus or other harmful device obtained through use of the website.
6.7 Subject to any liability that cannot lawfully be excluded, we will not be liable for any direct, indirect, special or consequential loss arising from:
a. access to or use of the website;
b. an inability to access the website; or
c. reliance on information contained on the website.
6.8 This includes loss of profits, business, revenue, goodwill or Claims arising under third-party contracts.
7. Links to third-party websites
7.1 The website may contain links to third-party websites from time to time.
7.2 These links are provided for information and convenience only.
7.3 A link does not mean that Harvey & Hugo approves or endorses the relevant website, organisation, product or service.
7.4 We are not responsible for:
a. the content of a third-party website;
b. the accuracy of information on a third-party website;
c. the availability or security of a third-party website; or
d. the products, services or activities of a third party.
7.5 Subject to any liability that cannot lawfully be excluded, we exclude liability for Claims, losses, demands or damages arising from your access to or use of a third-party website linked from our website.
8. Website intellectual property
8.1 Unless otherwise stated, all Intellectual Property Rights in the Harvey & Hugo website and its content belong to or are licensed to Harvey & Hugo.
8.2 You must not reproduce, copy, republish or distribute any information, copy, images, videos, designs or other website content, in whole or in part, without our prior written permission.
8.3 You may view the website and print or download reasonable extracts for your own reference.
8.4 You must not use website content for commercial publication, resale or redistribution without our written permission.
8.5 Requests for permission to use website content should be submitted in writing using the details on our contact page.
9. Placing an order
9.1 Pay-as-Hugo Services are fixed-fee, one-off PR and marketing Services available to purchase directly through our website.
9.2 The scope of each Service will be described on the relevant service page at the time of purchase.
9.3 When you submit an online order, you are offering to purchase the selected Service subject to these Terms and Conditions.
9.4 To place an order, you must:
a. select the relevant Service;
b. provide the information requested during the ordering process;
c. confirm your acceptance of these Terms and Conditions; and
d. pay the Fee in full.
9.5 A Contract will be formed when:
a. you have completed the online ordering process;
b. we have received payment in full and in cleared funds; and
c. we confirm that your order has been accepted.
9.6 An automated acknowledgement confirming that we have received your order will not necessarily constitute acceptance unless it expressly confirms that your order has been accepted.
9.7 We reserve the right not to accept an order.
9.8 If we do not accept an order, any Fee paid for that order will be returned to the original payment method.
10. The Services
10.1 We will provide the Pay-as-Hugo Service described on the relevant service page in consideration of your payment of the Fee and compliance with these Terms and Conditions.
10.2 We will carry out the Services with due skill and diligence and in accordance with applicable laws and regulations.
10.3 Our employees and agents will have the skills and, where required, professional qualifications and experience necessary to perform the Services.
10.4 Pay-as-Hugo Services are packaged Services. This allows us to deliver them in a cost-efficient manner, which is reflected in the Fee.
10.5 The Service is limited to the work and deliverables included in the description displayed on the website at the time of purchase.
10.6 If you require Services outside the stated scope, you should contact us separately.
10.7 Most Services will be delivered remotely and digitally and will not include a physical meeting or hard-copy documentation.
10.8 If a physical meeting is necessary to perform the Service, we will make specific arrangements with you.
11. Changes to the Service
11.1 If you request a material change to the substance or scope of a Service after the Contract has been formed, you may be required to purchase a new or additional Service.
11.2 We reserve the right to make an additional charge for work falling outside the scope of the Service purchased.
11.3 We will tell you where a requested change is likely to result in an additional Fee before carrying out the additional work.
12. Timescales
12.1 We will use reasonable endeavours to complete the Service by any date stated on our website or otherwise agreed with you in writing.
12.2 Due to the nature of PR and marketing Services and our reliance on you and third parties to provide information, time will not be of the essence in respect of any deadline.
12.3 We will not be responsible for a delay caused by:
a. your failure to provide information, Client Materials, feedback or approval;
b. inaccurate or incomplete information supplied by you;
c. a journalist, publisher, social media platform or other third party; or
d. circumstances beyond our reasonable control.
12.4 You should be aware that it may take up to three months for an article to be published following the distribution of a Release.
12.5 We cannot control the publication timetable once a Release has been distributed.
13. Pay-as-Hugo expiry period
13.1 Pay-as-Hugo Services have a sell-by date.
13.2 Unless otherwise stated on the relevant service page, the Service must be used within 30 days of purchase.
13.3 You must provide the information, Client Materials, responses and approvals reasonably required to deliver the Service within the applicable period.
13.4 If you do not provide the required information or Client Materials within the applicable period, the Service may expire.
13.5 An unused or expired Service cannot be carried forward or transferred unless we agree otherwise in writing.
13.6 If the Service expires and you still require it, you may be required to place and pay for a new order.
14. Information required from you
14.1 To provide certain Services, we require information and Client Materials from you.
14.2 We may collect this information by asking you to complete a questionnaire or respond to questions from our team.
14.3 You must provide as much relevant information as reasonably possible.
14.4 You warrant that all information and Client Materials supplied by or on behalf of you are:
a. true;
b. accurate;
c. complete;
d. not misleading;
e. lawful;
f. not defamatory, discriminatory or offensive; and
g. capable of being used by us without infringing the rights of a third party.
14.5 You are responsible for obtaining any third-party permission, consent or approval required for our use of the Client Materials.
14.6 This includes permission relating to photographs, videos, quotations, logos, confidential information, personal information and Intellectual Property Rights.
14.7 You warrant that you have obtained any permission or consent required for:
a. the use of Client Materials;
b. the preparation or distribution of a Release; and
c. the publication of the Materials.
14.8 You agree to indemnify us against losses and Claims suffered or incurred by us as a result of a breach of the warranties in this section.
15. Client obligations
15.1 During delivery of the Services, you agree:
a. to cooperate with us as reasonably required;
b. to provide the Client Materials and information reasonably required to carry out the Services;
c. to ensure that all information and Client Materials are accurate;
d. to respond to reasonable requests for information, feedback or approval; and
e. where required, to speak to journalists or staff from publications to which a Release has been submitted.
15.2 We will not be responsible for a delay or failure to complete a Service caused by your failure to comply with these obligations.
16. Drafts, approval and amendments
16.1 Releases and other Materials intended for publication will normally be provided to you in draft form for review.
16.2 You must carefully review each draft and tell us about any amendments you would like us to make.
16.3 You are responsible for checking:
a. names and spellings;
b. dates;
c. job titles;
d. company information;
e. quotations;
f. figures and statistics; and
g. all other factual information.
16.4 Your approval confirms that you have checked the Material and that you authorise us to distribute, publish or otherwise use it as agreed.
16.5 We do not accept responsibility for an error contained in a Material after you have approved it.
16.6 If you request further amendments after the initial amendments have been completed, we reserve the right to make an additional charge.
16.7 Changes requested after a Material has been approved, scheduled, published or distributed may also be subject to an additional charge.
17. Content of a Release
17.1 You agree to consider and accept our reasonable professional guidance concerning what should and should not be included in a Release.
17.2 Publications will generally not accept prices, direct advertising, extensive contact details or overt sales messages as editorial content.
17.3 A publication may treat this type of information as advertising and may require payment for its inclusion.
17.4 Any advertising or publication charge imposed by a third party is not included in the Fee unless expressly stated on the relevant service page.
18. Media Coverage
18.1 We cannot guarantee that a Release will achieve Coverage.
18.2 We cannot guarantee:
a. where Coverage will appear;
b. which publication will provide Coverage;
c. when Coverage will appear;
d. the length or prominence of Coverage;
e. that a particular image will be used; or
f. that a Release will be published in the same form as the version approved by you.
18.3 Following distribution of a Release, editorial control rests with the relevant journalist, editor or publisher.
18.4 Journalists and publishers may:
a. amend or rewrite a Release;
b. change the headline or emphasis;
c. publish only part of the Release;
d. contact you directly to conduct a further interview;
e. request additional information;
f. request a different image; or
g. decide not to publish the Release.
18.5 Neither you nor we will normally receive an advance copy of what a publication intends to publish.
18.6 Our responsibility for the content of a Release ends once you have approved it and authorised its distribution.
18.7 We do not accept responsibility for:
a. where or whether a Release is ultimately published; or
b. amendments made by a journalist, publisher or other third party, whether with or without your consent.
18.8 Following distribution, we will use reasonable endeavours to notify you of publications in which the Release has appeared.
18.9 Where possible, we will notify you on the day Coverage is identified. However, we cannot guarantee that we will identify or report every item of Coverage, particularly in publications outside our local area or monitoring systems.
19. Preferred publication dates
19.1 You should notify us of any desired or preferred publication date when placing your order or submitting your information.
19.2 We will use reasonable endeavours to seek Coverage by that date, but we cannot guarantee it.
19.3 Time will not be of the essence in relation to a preferred publication date.
19.4 We recommend that a Release is distributed at least two weeks before the preferred publication date.
20. Social media Services
20.1 Where the Service includes managing or contributing to a social media account, you must provide the information and access reasonably required to perform the Service.
20.2 This may include usernames, passwords or access permissions.
20.3 If we create a social media account on your behalf, we will provide you with the relevant login details.
20.4 While we are engaged to provide the Service, you warrant that you will not publish anything on an account managed by us that is defamatory, discriminatory or offensive.
20.5 We may delete social media login details held by us 30 days after completion of the Service.
20.6 You should ensure that you obtain and securely store all relevant login details before the end of that period.
20.7 Once login details have been deleted, we may have no record of them and may be unable to recover or provide them.
20.8 Where a social media Service is described as applying to a particular month, unused elements of that Service cannot be carried into a later month unless we agree otherwise in writing.
21. Fees and payment
21.1 The Fee for the Service will be the amount displayed on the relevant service page at the time of purchase.
21.2 Payment is required in full and in cleared funds when you place your order.
21.3 We are not required to begin the Service until payment has been received.
21.4 Unless expressly stated otherwise, all Fees are exclusive of:
a. VAT, which will be charged at the applicable rate; and
b. expenses agreed with you in writing.
21.5 Any additional balance, cost, Fee or expense owed by you must be paid within ten days of the date of our invoice.
22. Cancellations and refunds
22.1 Subject to any statutory rights that cannot lawfully be excluded, the Fee is non-refundable once:
a. your order has been accepted; and
b. we have begun work on the Service.
22.2 Work will be considered to have begun when we have taken steps to provide the Service, including:
a. reviewing information or Client Materials submitted by you;
b. allocating the work to a member of our team;
c. contacting you for further information;
d. conducting research;
e. preparing or drafting Materials; or
f. carrying out any other activity required to deliver the Service.
22.3 If you cancel the Service after work has begun, the Fee will remain payable in full.
22.4 Subject to any statutory rights that cannot lawfully be excluded, a refund will not be provided because:
a. you change your mind after work has begun;
b. you fail to supply the required information or Client Materials;
c. the Service expires before it is used;
d. you request work outside the scope of the Service purchased;
e. a Release does not achieve Coverage;
f. Coverage appears later than expected;
g. Coverage does not appear in a preferred publication;
h. a journalist or publication changes an approved Release; or
i. an attempted recall of a Release is unsuccessful.
22.5 If we do not accept your order, we will return the Fee paid for that order.
22.6 Nothing in this section affects any legal right or remedy that cannot lawfully be excluded.
23. Recalling a Release
23.1 If you recall a Release before distribution, the Fee will not be refunded where work on the Service has already begun.
23.2 If you ask us to recall a Release after it has been distributed, an administration charge of £150 plus VAT will apply.
23.3 The administration charge covers time spent contacting recipients and attempting to recall the Release.
23.4 We cannot guarantee that an attempted recall will be successful.
23.5 The administration charge must be paid within ten days of the date of our invoice.
23.6 Once a Release has been recalled, you must purchase the Service again if you want us to redistribute it.
23.7 This applies even where no amendments are required before redistribution.
24. Intellectual property in the Services
24.1 All Intellectual Property Rights in Materials created by us will automatically vest in and remain the property of Harvey & Hugo, subject to the licence granted under this section.
24.2 We may agree in writing to assign particular Intellectual Property Rights to you.
24.3 We reserve the right to charge an additional Fee for an assignment of Intellectual Property Rights.
24.4 Following completion of the Service and payment in full and in cleared funds of all sums due, we grant you a non-exclusive, irrevocable and royalty-free licence to use the final Materials.
24.5 The licence applies only:
a. to the extent that it is legally possible for us to grant it;
b. to the final Materials supplied or approved by us; and
c. where your use is lawful and does not contravene a third party’s rights.
24.6 We retain legal ownership and title to the Intellectual Property Rights in the Materials.
24.7 We may use the Materials to advertise and promote Harvey & Hugo and our Services.
24.8 This may include publication:
a. on our website;
b. in Harve-news or other news-related publications; and
c. on social media platforms.
24.9 If ownership of Intellectual Property Rights is assigned to you, you grant us an irrevocable, worldwide and royalty-free licence to use those Intellectual Property Rights for the purpose of advertising and promoting our Services.
25. Data protection
25.1 Both you and Harvey & Hugo will comply with all applicable requirements of relevant data protection legislation.
25.2 This section is in addition to and does not remove or replace either Party’s rights or obligations under data protection legislation.
25.3 Where we process personal data solely on your behalf for the purpose of providing the Service, you will be the controller and we will be the processor.
25.4 You must ensure that you have all necessary permissions, consents and privacy notices in place to enable the lawful transfer and use of personal data by us for the purpose of delivering the Service.
25.5 You warrant that any personal information included in Client Materials may lawfully be used for the intended purpose.
25.6 Further information about how Harvey & Hugo collects and uses personal information for its own purposes is set out in our Privacy Policy.
25.7 Information about cookies used on the website is set out in our Cookie Policy.
26. Our undertakings
26.1 We undertake that:
a. we will carry out the Services with due skill and diligence;
b. we will comply with applicable laws and regulations when providing the Services;
c. our employees and agents will have the necessary skills and experience to perform the Services; and
d. entering into the Contract will not knowingly cause us to breach an obligation owed to a third party.
27. Your undertakings
27.1 You undertake that:
a. your provision of Client Materials to us will not breach an obligation owed to a third party;
b. your performance of your obligations under the Contract will not breach any applicable law or regulation; and
c. our authorised use of the Client Materials will not infringe a third party’s Intellectual Property Rights.
27.2 You indemnify us against Claims suffered or incurred by us as a result of:
a. our authorised use of Client Materials supplied by you; or
b. Materials prepared by us being materially changed by you.
28. Liability
28.1 Nothing in these Terms and Conditions excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other liability that cannot lawfully be excluded or limited.
28.2 Subject to section 28.1, we will not be liable for a delay or failure to perform an obligation where that delay or failure is caused by circumstances beyond our reasonable control.
28.3 We will not be liable for a default caused by:
a. incomplete, incorrect, inaccurate or illegible Client Materials or instructions;
b. Client Materials or instructions being supplied out of sequence or in the wrong form;
c. the late arrival or non-arrival of Client Materials or instructions; or
d. another act or omission on your part.
28.4 Subject to section 28.1, we will not be liable for:
a. loss of profits;
b. loss of business;
c. loss of revenue;
d. loss of goodwill; or
e. any special, indirect or consequential loss,
even if the loss was reasonably foreseeable.
28.5 Subject to sections 28.1 to 28.4, our total liability in relation to an event of default will be limited to the Fee paid by you for the relevant Service.
29. Termination
29.1 Without affecting any other right or remedy, either you or we may terminate the Contract by written notice if the other Party:
a. commits a material breach of its obligations and, where the breach can be remedied, fails to remedy it within seven days of receiving written notice specifying the breach and requiring it to be remedied; or
b. becomes insolvent.
29.2 Insolvency includes circumstances in which:
a. an order is made or a resolution is passed for the winding up of a Party, other than for the purpose of a solvent amalgamation or reconstruction;
b. an administrator, administrative receiver or receiver is appointed in respect of all or part of a Party’s assets or business;
c. a Party makes an arrangement or composition with its creditors; or
d. a Party takes or suffers a similar action as a consequence of debt.
29.3 On termination, we will return any of your physical property in our possession or control, subject to payment in full of all amounts due to us.
29.4 Termination will not affect any right, obligation or liability that arose before termination.
30. Force majeure
30.1 Neither you nor we will be liable or considered to be in breach of the Contract because of a delay or failure caused by circumstances beyond reasonable control.
30.2 The affected Party must promptly notify the other Party when those circumstances cause a delay or failure and when they cease.
30.3 If the circumstances continue for more than six consecutive months, either Party may terminate the Contract by written notice.
31. Amendments to a Contract
31.1 A Contract for a Service may only be amended by written agreement between you and us.
31.2 This does not prevent us from updating the general website conditions for future website use or future purchases.
32. Assignment
32.1 Neither you nor we may assign, delegate, mortgage, charge or otherwise transfer the Contract without the prior written agreement of the other Party.
32.2 We may use employees, agents or subcontractors to assist in providing the Service.
32.3 Either Party may transfer its rights and obligations under the Contract to a person to whom it transfers all of its relevant business, provided that the recipient agrees in writing to be bound by the obligations contained in the Contract.
33. Entire agreement
33.1 The Contract contains the entire agreement between you and us in relation to the Service.
33.2 It replaces any previous written or oral agreement, representation or understanding relating to the Service.
33.3 You and Harvey & Hugo confirm that neither Party has entered into the Contract in reliance upon a representation that is not expressly included in it.
33.4 Conditions, warranties and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
33.5 Nothing in this section excludes liability for fraud or fraudulent misrepresentation.
34. Severance
34.1 If a provision of these Terms and Conditions is prohibited by law or found by a court to be unlawful, void or unenforceable, it will be severed to the extent required.
34.2 The remaining provisions will continue to be valid and enforceable.
35. Notices
35.1 A notice relating to a Contract must be in writing and sent using the contact details supplied during the online ordering process or subsequently notified in writing.
35.2 A notice may be sent by first-class post or email.
35.3 A notice sent by first-class post within the United Kingdom will be treated as received three working days after posting.
35.4 A notice sent by email will be treated as received on the next working day after it is sent, provided that the sender does not receive a delivery-failure notification.
36. Third-party rights
36.1 The Contract is not intended to give any person who is not a Party a right to enforce its provisions under the Contracts (Rights of Third Parties) Act 1999.
37. Governing law and jurisdiction
37.1 These Terms and Conditions and each Contract will be governed by English law.
37.2 The courts of England and Wales will have exclusive jurisdiction in relation to any dispute or claim arising from the Contract, subject to any statutory right that allows a purchaser to bring proceedings in another jurisdiction.
38. Contacting us
Questions about these Terms and Conditions or a Pay-as-Hugo purchase should be sent using the contact details provided on the Harvey & Hugo website.
Please include your order number where your enquiry relates to a particular purchase.