POWER PR TERMS OF SERVICE
1. Agreement to Terms
These Terms of Service (”Terms”) constitute a legally binding agreement between POWER PR Pty Ltd (”POWER PR,” ”we,” ”us,” or ”our”), an Australian company registered at 457 Elizabeth Street, Surry Hills NSW 2010, and any individual or entity (”Client,” ”you,” or ”your”) that engages our services or uses our website at powerpr.agency.
By accessing our website, engaging our services, or signing a service agreement, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. These Terms govern all aspects of your relationship with POWER PR, including but not limited to our digital PR services, media relations, content creation, and strategic communications services.
We reserve the right to modify these Terms at any time, with such modifications becoming effective immediately upon posting to our website. Your continued use of our services following any modifications constitutes your acceptance of the updated Terms. We will make reasonable efforts to notify clients of significant changes through email notifications or our client portal, but it remains your responsibility to review these Terms periodically.
To be eligible to use our services, you must have the authority to bind the entity you represent to these Terms. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. In such cases, the terms ”you” and ”your” will refer to that organization or entity.
2. Service Description
POWER PR provides comprehensive digital public relations and communication services designed to enhance our clients’ market presence and achieve measurable business outcomes. Our services encompass a wide range of professional communications activities, all delivered with a focus on performance measurement and tangible results.
Our core PR and media relations services include strategic planning, media outreach, content development, crisis communications, and reputation management. We maintain relationships with over 300 premium publishers worldwide and leverage these connections to secure meaningful media coverage for our clients. Our approach combines traditional PR expertise with modern digital strategies to maximize impact and reach.
Digital PR services form a central component of our offering, incorporating advanced analytics, performance tracking, and optimization techniques. We utilize sophisticated measurement tools to track campaign performance, including media mention analysis, engagement metrics, and ROI calculations. Our digital services include content distribution, social media integration, and online reputation management, all designed to enhance your digital presence and authority.
Performance measurement stands at the heart of our service delivery. We provide detailed reporting on key performance indicators, including media coverage metrics, audience engagement rates, and conversion tracking. Our commitment to measurable results ensures transparency and accountability in all our service delivery.
While we strive for excellence in all our work, we acknowledge certain service limitations. PR outcomes can be influenced by various external factors beyond our control, including market conditions, media interest, and competitor activities. We cannot guarantee specific media coverage or campaign outcomes, but we commit to applying our expertise and resources diligently to achieve your communications objectives.
3. Client Responsibilities
The success of our PR campaigns relies heavily on productive collaboration between POWER PR and our clients. As a client, you have several important responsibilities that directly impact our ability to deliver effective services and achieve your desired outcomes.
Primary among these responsibilities is the provision of accurate and complete information about your business, products, services, and industry. This includes promptly informing us of any changes or developments that could affect our PR strategies or campaigns. The accuracy of information you provide is crucial for maintaining credibility with media outlets and ensuring effective campaign execution.
Timely communication forms another critical aspect of your responsibilities. This includes responding to requests for information, reviewing materials for approval, and providing feedback on campaign activities. We establish reasonable deadlines for client responses to ensure smooth campaign execution and maintain positive relationships with media contacts. Delayed responses can impact campaign timing and effectiveness.
You must designate appropriate personnel with authority to approve communications materials and campaign strategies. These individuals should be readily available to review and approve time-sensitive materials within agreed-upon timeframes. For social media and dynamic content campaigns, we may require expedited approval processes to maintain campaign momentum.
Campaign cooperation extends beyond basic approvals and includes active participation in various PR activities as needed. This may involve making executives available for media interviews, providing subject matter experts for content development, or participating in PR events. Your engagement in these activities significantly enhances the authenticity and effectiveness of our PR efforts.
Providing necessary access and authorization to relevant platforms, data, and materials is essential for campaign execution. This includes granting appropriate access to social media accounts, analytics platforms, or other digital assets required for campaign management. You are responsible for maintaining the security of your access credentials and promptly notifying us of any security concerns.
Throughout our engagement, you must maintain compliance with all applicable laws and regulations in your industry and markets. This includes ensuring all claims made in PR materials are truthful and can be substantiated, and that all promotional activities comply with relevant advertising and marketing regulations.
You also bear responsibility for obtaining necessary rights and permissions for any materials provided to us for use in PR campaigns. This includes securing appropriate licenses for images, securing necessary permissions for testimonials or case studies, and ensuring compliance with intellectual property rights.
Regular payment of agreed-upon fees according to the payment schedule outlined in your service agreement is crucial for maintaining uninterrupted service delivery. Late payments may result in service suspension and could impact ongoing campaign execution.
These responsibilities are designed to create a framework for successful collaboration and optimal campaign outcomes. We commit to providing clear guidance and support to help you fulfill these responsibilities effectively throughout our engagement.
4. Payment Terms
Financial clarity and transparency form the foundation of our client relationships at POWER PR. Our service fees are structured to reflect the comprehensive nature of our PR services while maintaining competitive market rates. All fees are clearly outlined in your service agreement, which specifies the scope of services, payment schedule, and any additional costs that may apply.
Base service fees are determined by the service package selected and the scope of work required. Our POWER LAUNCH package starts at $2,500 monthly, POWER GROWTH at $5,000 monthly, and POWER ELITE at $10,000 monthly. These fees cover standard PR services as outlined in your service agreement. Additional services, such as crisis communications or special event PR, may incur separate fees which will be quoted and agreed upon in advance.
Payment schedules are designed to maintain consistent cash flow while providing convenience to our clients. Monthly fees are due at the beginning of each service month, with payment required within 14 days of invoice issuance. For project-based work outside the standard monthly services, we may require a percentage of payment upfront, with the balance due according to project milestones.
Late payments significantly impact our ability to maintain service quality and meet campaign objectives. Any payment not received within the specified timeframe incurs a late fee of 1.5% per month on the outstanding balance. Persistent late payments may result in service suspension or contract termination. We provide multiple payment methods, including bank transfer, credit card, and automated payment systems, to facilitate timely payments.
All fees are quoted in Australian Dollars unless specifically agreed otherwise in writing. For international clients, currency conversion rates are determined at the time of invoicing. Any bank charges or currency conversion fees are the responsibility of the client.
Applicable taxes, including Goods and Services Tax (GST), will be added to invoices as required by law. For international clients, tax obligations may vary based on jurisdiction and service type. We recommend consulting with your tax advisors regarding any tax implications of our services.
5. Intellectual Property
The management and protection of intellectual property rights is crucial in the PR industry. This section clearly delineates ownership rights and usage permissions for all materials created or utilized during our service engagement.
Client Materials, defined as any content, trademarks, logos, images, or other materials provided by you for use in PR campaigns, remain your exclusive property. By providing these materials, you grant POWER PR a limited, non-exclusive license to use them solely for the purpose of delivering the agreed-upon services. This license extends only for the duration of our engagement and within the scope of approved campaign activities.
Agency Materials, which include PR strategies, campaign concepts, methodologies, and tools developed by POWER PR, remain our exclusive property. While these materials may be used to benefit your campaigns, ownership remains with POWER PR, and any unauthorized use or reproduction is strictly prohibited. This includes our proprietary performance measurement systems, reporting formats, and strategic frameworks.
During our engagement, we may create various materials including press releases, articles, social media content, and other promotional materials. Unless explicitly agreed otherwise in writing, POWER PR retains copyright ownership of all created materials while granting you a perpetual, non-exclusive license to use these materials for your business purposes. This arrangement ensures both parties maintain appropriate rights while facilitating effective campaign execution.
Portfolio Rights allow POWER PR to include general descriptions of services provided and results achieved in our agency portfolio and marketing materials. This may include campaign summaries, performance metrics, and examples of successful PR initiatives. However, we will respect any confidentiality requirements and obtain your approval before using specific campaign details or results in our marketing materials.
6. Client Confidentiality
Confidentiality stands as a cornerstone of our professional relationship with clients. This section outlines our comprehensive approach to protecting sensitive information shared during our business relationship.
Confidential Information encompasses any non-public information shared between parties during our engagement. This includes, but is not limited to, business strategies, market plans, customer data, financial information, trade secrets, and proprietary methodologies. We recognize that PR work often requires access to sensitive business information, and we maintain strict protocols to protect this information throughout our engagement.
Our protection measures include both technical and organizational safeguards. All digital communications containing confidential information are encrypted, and access to client information is restricted to team members directly involved in your campaigns. We maintain secure data storage systems with regular security updates and monitoring. Physical documents containing confidential information are stored in secure locations with controlled access.
There may be circumstances where we are legally required to disclose certain information, such as in response to court orders or regulatory requirements. In such cases, we will promptly notify you of the requirement unless legally prohibited from doing so, and will cooperate to seek appropriate protective measures where possible.
Confidentiality obligations extend beyond the termination of our service agreement. Our team members are bound by confidentiality agreements that survive their employment with POWER PR. Upon service termination, we will either return or securely destroy confidential information as per your instructions, maintaining only those records required by law or necessary for defending legal claims.
Our commitment to confidentiality extends to our subcontractors and service providers, who must agree to confidentiality terms at least as protective as those in these Terms before accessing any client information. We regularly audit compliance with these requirements and maintain detailed records of all information access and handling.
7. Term and Termination
The duration and termination of our service relationship requires clear understanding to ensure smooth business operations and protect both parties’ interests. This section outlines the specific terms governing the commencement, continuation, and conclusion of our professional engagement.
Initial service terms typically span twelve months from the date of service agreement execution, unless otherwise specified in your service agreement. This period allows for the development and implementation of comprehensive PR strategies while providing sufficient time to achieve meaningful results. During this initial term, we establish baseline performance metrics and develop deep understanding of your brand and objectives.
Renewal terms commence automatically at the conclusion of the initial term unless either party provides written notice of non-renewal at least sixty days prior to the term’s expiration. Renewed terms continue for twelve-month periods under the same conditions, subject to any agreed modifications to services or fees. We will notify you of any proposed changes to terms or fees at least ninety days before renewal to allow for discussion and mutual agreement.
Either party may terminate the agreement for cause upon written notice if the other party materially breaches any term and fails to cure such breach within thirty days of receiving written notice. Material breaches include, but are not limited to, non-payment of fees, persistent failure to provide necessary approvals or materials, or breach of confidentiality obligations. In cases of uncurable breaches, such as severe confidentiality violations, immediate termination may be warranted.
Upon termination, several processes take effect immediately. We will cease all ongoing PR activities and campaign execution while ensuring an orderly transition of services. You will remain responsible for payment of all fees accrued through the termination date, plus any non-cancelable commitments made on your behalf. We will provide a detailed accounting of all outstanding charges and commitments within fifteen business days of termination.
8. Representations and Warranties
POWER PR makes specific representations and warranties regarding our services, while also clarifying limitations and disclaimers important for managing expectations and legal obligations. Understanding these warranties helps establish clear parameters for our professional relationship.
We warrant that our services will be performed in a professional manner consistent with industry standards and practices. Our team possesses the necessary skills, experience, and qualifications to deliver the services outlined in your service agreement. We maintain appropriate licenses and permissions required for our business operations and commit to complying with all applicable laws and regulations in service delivery.
As a client, you warrant that all information provided to us is accurate and complete, that you possess necessary rights to materials provided for campaign use, and that your use of our services complies with applicable laws and regulations. You further warrant that you have authority to enter into the service agreement and that doing so does not violate any other agreements or obligations.
However, due to the nature of PR and media relations work, we cannot warrant or guarantee specific campaign outcomes, media coverage, or performance results. While we apply our expertise and resources diligently to achieve your objectives, many factors outside our control can influence campaign success. We provide realistic projections based on our experience but cannot guarantee particular results.
Our service standards include maintaining regular communication, providing timely updates on campaign progress, and promptly addressing any concerns or issues that arise during our engagement. We commit to transparency in our operations and maintaining accurate records of all campaign activities and performance metrics.
9. Limitation of Liability
Understanding the boundaries of liability is crucial for maintaining a balanced and sustainable business relationship. This section defines the scope and limitations of each party’s liability while ensuring appropriate protections for both parties.
POWER PR’s aggregate liability under this agreement shall not exceed the total fees paid by you during the twelve months preceding any claim. This limitation applies to all claims regardless of their nature, whether arising from breach of contract, negligence, or other legal theories. This cap reflects a reasonable allocation of risk between the parties while maintaining accountability for our services.
Certain categories of damages are specifically excluded from liability, including indirect, incidental, consequential, special, or punitive damages. This includes lost profits, lost revenue, lost business opportunities, or loss of data, even if we have been advised of the possibility of such damages. These exclusions reflect standard industry practice and the understanding that such damages can be disproportionate to the fees charged for services.
Force majeure events that prevent or delay service delivery release us from liability for non-performance during the affected period. Such events include natural disasters, pandemics, civil unrest, government actions, telecommunications failures, or other circumstances beyond our reasonable control. We will make reasonable efforts to mitigate the impact of force majeure events and resume normal service as quickly as possible.
Each party agrees to indemnify the other against third-party claims arising from breaches of the agreement, negligent acts or omissions, or violations of law. This mutual indemnification provides protection against external claims while encouraging responsible behavior from both parties. The indemnifying party must be promptly notified of any claim and given opportunity to assume defense.
We maintain appropriate professional liability insurance coverage to protect against potential claims arising from our services. This insurance provides an additional layer of protection for both parties while demonstrating our commitment to responsible business practices. Details of our insurance coverage are available upon request.
10. Dispute Resolution
In recognition that disagreements may occasionally arise, POWER PR has established a comprehensive framework for resolving disputes efficiently and fairly. This structured approach aims to maintain professional relationships while addressing concerns effectively.
The laws of New South Wales, Australia, govern these Terms and all aspects of our service relationship. By agreeing to these Terms, you submit to the exclusive jurisdiction of the courts of New South Wales for resolving any disputes. This choice of law provides consistency and predictability in interpreting and enforcing our agreement.
Before initiating formal legal proceedings, we require attempting resolution through a structured mediation process. The mediation will be conducted in Sydney, Australia, by a mutually agreed-upon mediator from the Australian Mediation Association. Each party bears its own costs for mediation, with the mediator’s fees shared equally. This preliminary step often leads to quicker, more cost-effective resolution while preserving business relationships.
If mediation proves unsuccessful, disputes will be resolved through binding arbitration rather than court litigation. Arbitration proceedings will be conducted in Sydney under the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration panel will consist of a single arbitrator jointly selected by the parties, or if agreement cannot be reached, appointed by ACICA.
We explicitly prohibit participation in class action lawsuits or similar representative proceedings. All disputes must be handled on an individual basis. This requirement ensures focused attention on specific circumstances while maintaining efficiency in dispute resolution. By accepting these Terms, you waive any right to participate in class actions against POWER PR.
Documentation related to disputes must be preserved according to standard business practices. Both parties agree to cooperate in good faith with reasonable information requests while maintaining appropriate confidentiality protections. This cooperation facilitates efficient resolution while protecting sensitive business information.
11. General Provisions
These Terms constitute the complete and exclusive agreement between you and POWER PR regarding our services, superseding any prior agreements or understandings, whether written or oral. While sales materials and proposals may describe our services, they are not binding unless specifically incorporated into your service agreement.
Neither party may assign their rights or obligations under these Terms without the other party’s prior written consent, which shall not be unreasonably withheld. However, POWER PR may assign rights and obligations to a successor organization in case of merger, acquisition, or sale of substantially all assets. This ensures business continuity while protecting both parties’ interests.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions remain in full effect. This severability ensures that technical legal issues with specific provisions don’t invalidate the entire agreement. We may work together to replace invalid provisions with valid ones that achieve similar objectives.
No waiver of any term or condition is valid unless in writing and signed by authorized representatives of both parties. Failure to enforce any provision doesn’t constitute ongoing waiver, and either party may subsequently enforce all rights and obligations. This requirement for written waivers provides clarity and prevents misunderstandings about parties’ rights and obligations.
Notices required under these Terms must be in writing and delivered via email with confirmation of receipt, certified mail, or recognized courier service. Routine communications may occur through our standard project management systems, but formal notices require these more reliable methods. Current contact information must be maintained to ensure effective notice delivery.
The relationship between POWER PR and clients is that of independent contractors. Nothing in these Terms creates partnership, joint venture, employment, or agency relationships. Neither party has authority to bind the other in any way beyond the explicit terms of our agreement. This clarity about relationship status prevents misunderstandings about authority and responsibility.
Certain provisions naturally extend beyond service termination, including confidentiality obligations, intellectual property rights, indemnification requirements, and dispute resolution procedures. These surviving obligations ensure appropriate protections continue even after our active business relationship ends.
All remedies provided in these Terms are cumulative and not exclusive, meaning either party may pursue any combination of available remedies. This includes seeking both contractual remedies and any available legal or equitable remedies under applicable law.
By maintaining clear, comprehensive terms of service, we establish a strong foundation for successful business relationships while protecting both parties’ interests and expectations. Regular review and updates of these terms ensure they remain relevant and effective as our services and business environment evolve.