Editorial Commissioning Terms and Conditions
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1. Terms and conditions (“Terms”). These Terms shall apply where you accept a commission from us and where we use the commissioned work (“Work”).
2. Commissioning You shall complete the Work by the date as agreed when accepting the commission and where you believe that you will not be able to comply within the timeframe, you shall notify us promptly.
3. Intellectual Property Rights. You will retain all intellectual property rights in the Work. For the agreed fee, you grant us an irrevocable, perpetual, assignable, sub-licensable, royalty free, worldwide licence to use, copy, store, print, publish, display, reproduce, distribute and exploit the Work (including adaptations, abstracts, excerpts, extracts and summaries) in our or our affiliates’ publications and platforms including but not limited to: the Total Politics Group websites (meaning www.totalpolitics.com; any sub-domains of www.totalpolitics.com; and any such other url operated or owned by the Total Politics Group now known or in the future); any and all the Total Politics Group mobile applications (meaning any mobile application or computer programme created, operated or owned by the Total Politics Group now known or in the future), Total Politics Group social media channels and any and all other platforms and publications owned or operated by the Total Politics Group in whatever medium now known or in the future, including electronic, digital audio and/or visual form.
4. Sub-licensing. We can also sub-licence our rights, including (without limitation) to owners of [databanks] for storage, copying, republication and redistribution to third parties for further storage, copying, publication and distribution in any medium on a non-exclusive basis. This licence shall be exclusive to us of from the date of creation until [90] days following publication by us of the Work.
5. Warranties. You warrant that you are under no restriction likely to prevent you from carrying out the assignment; the Work is original and not copied wholly or substantially from any other work; all relevant third party clearances have been obtained; shall not be contrary to any law; all work that you do or provide to the Total Politics Group is undertaken in compliance with our editorial standards guide, a copy of which is available on request. If requested, you will co-operate and reasonably assist us in responding to any complaints or legal claims arising from your assignment.
6. Payment. We will pay you (a) 100% of the agreed fee for any Work which we have used; (b) 50% of the agreed fee for any Work you provide but we do not to use; [and (c) 50% of net identifiable syndication profits received by us for any Work which we syndicate as an individual item (for clarity, this means where a third party has requested a specific individual piece of Work. We will not account to you where pieces of Work form part of a larger bulk content provision made available by us to third parties). Please send your “request for payment” to the accounts department at Total Politics. HMRC IR35 legislation requires you to inform us if you are operating via a limited company or partnership. If this is the case, and you have not so far informed us, please contact us to request an IR35 Status Determination.
7. Indemnity. You agree to indemnify us against all losses (including legal fees) that we incur resulting from breach of any warranties above.
8. Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by the law of England and Wales. You agree to irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of these Terms.
