1. Introduction and Acceptance

1.1. By purchasing services from APO Group (the “Company”) you (the “Client”) explicitly accept the service terms and conditions listed below, and any Annexures attached (collectively “Service Terms”).

1.2. These Service Terms outline the conditions applicable to how a Client will use our services.

2. Services

2.1. The core of APO Group’s services are Press Release Distribution and Public Relations Consultancy (“Services”). This sets out the terms and conditions for all APO Group’s services, valid for one calendar year from purchase unless otherwise stated in the Scope of Work, Quotation, or in writing by APO Group. APO Group may use AI tools for operations, excluding content production (see clause 2.2.6). Clients acknowledge and consent to the use of AI Tools as part of their interactions with the Company under these Terms of Service.

2.2. Public Relations and Media Services

2.2.1. Events
2.2.1.1. On-Ground Events

For any event organised with APO Group, the event date and time is to be scheduled with APO Group at least three (3) weeks in advance. This is to allow for market-based research, including other events happening on the event date, any public holidays and/or political or economic circumstances/disruptions.

At least two (2) weeks prior to the scheduled event date, the Client is to provide APO Group with details of the event, event topic, and target audience, as well as the key spokespeople. All relevant press material is to be finalised and provided to APO Group at least three (3) working days before the scheduled event date. APO Group cannot guarantee that all registered media will attend the event. Accordingly, the Client agrees to indemnify and hold APO Group harmless from any liability, loss, or damage arising from the failure of media representatives to attend the event when the above-mentioned minimum period for scheduling an event with APO Group has not been complied with.

2.2.1.2. Virtual and Hybrid Events

For any virtual or hybrid events that are broadcast live, event speakers are required to attend a dry run no later than two (2) business days prior to the event to iron out and avoid any technical issues during the event, and to ensure the event runs according to schedule.

Speakers are required to connect thirty (30) minutes before the start of the event. APO Group shall not be held responsible for any disruption in internet connectivity or technical issues affecting speakers or participants, which may result in interruptions or disruptions to the events.

2.2.1.3. Cancellation Fees

If the Client cancels or reschedules an event one (1) to three (3) weeks before the scheduled date of the event, a cancellation fee of 50% of the service fee will apply. Cancellations or reschedules within one week of the event will incur a 100% cancellation fee. The cancellation fee does not cover disbursements or third-party costs, which must be settled according to the third party’s terms.

2.2.2. Interviews

The Client acknowledges and agrees that APO Group cannot guarantee any interview to be conducted with any specific or selected media.

For any interview, APO Group and the Client must agree on the attending media and the date of the interview at least two (2) weeks in advance, based on market intelligence, including considerations of other events occurring on the same day, public holidays, and/or political or economic circumstances.

APO Group will offer up to three (3) opportunities of interviews from the mutually agreed list of attending media. Should the Client refuse any of the three (3) opportunities provided, the service shall be deemed to have been rendered.

The Client acknowledges that journalists from media houses and broadcast channels attending the interview may choose not to publish/broadcast an interview after it is conducted. In these circumstances, APO Group shall not be held liable for any failure by a journalist/media house/broadcast channel to publish/broadcast an interview.

APO Group is not responsible for the editorial decisions made by the publication or broadcast channel employing the journalist at the time of publication/broadcast. Furthermore, APO Group shall not be held liable for any connectivity issues on the part of the interviewer or the interviewee, should the interview be conducted remotely.

2.2.2.1. Cancellation Fees

Should the Client cancel or fail to attend a scheduled interview; the Client shall be liable for a Cancellation Fee equal to 100% of the interview service fee.

Should the client request to reschedule the interview less than one week prior to the scheduled interview date, the Client shall be subject to a Cancellation Fee equal to 50% of the interview service fee.

2.2.3. Influencer Marketing

Any service fees charged by APO Group for influencer marketing shall not include the fees and costs associated with the services of a chosen social media influencer and any associated third parties.

The Client acknowledges and agrees that:

(i) APO Group cannot guarantee that the performance or content produced by an influencer will meet the Client’s specific requirements or purposes;

(ii) APO Group cannot guarantee that the content produced by an influencer will be free from derogatory, defamatory, or discriminatory elements towards the Client or any third party, and the Client agrees to indemnify and hold APO Group harmless from any third-party claims arising from such content;

(iii) APO Group cannot guarantee that an influencer will achieve any specific engagement metrics following the engagement of their services.

2.2.4. Landscape Mapping

For all landscape mapping services, the requirements thereof (such as document format and categories of information to be included) must be clearly defined and mutually agreed upon in writing during the preliminary briefing between the Client and APO Group. Once confirmed, these requirements are not subject to any subsequent changes.

2.2.5. Content Placement

APO Group must be provided with two (2) weeks’ notice where the Client requires the placement of any content.

APO Group cannot guarantee any specific media outlet for the placement of content.

APO Group can place content on social media (organic and/or paid content) for an additional service fee at the Client’s request.

2.2.6. Content Production

APO Group content production services include, but are not limited to, opinion pieces, thought leadership articles, blogs, feature articles, press releases, case studies, and white papers.

The turnaround time for content production is two (2) weeks, except for blogs which require one (1) week, and white papers and case studies, which require four (4) weeks. APO Group will prepare a content brief before preparing any content which must be approved and signed off by the Client.

This is to ensure APO Group has correctly understood the Client’s requirements and is able to implement the Client’s intention. For any content produced, the Client shall be afforded three (3) rounds of review to affect any feedback or changes to the content.

APO Group reserves the right to bill the Client for any subsequent rounds of review beyond the three (3) mentioned rounds of review. Where additional reviews are required, APO Group will inform and quote Client accordingly and obtain the necessary approvals before implementing any further amendments.

The Client has thirty (30) calendar days to provide feedback and approval on content. If no response is received within this period, APO Group may bill for the time spent on production or subsequent changes. Beyond the initial three review rounds, if feedback is delayed beyond 30 days, APO Group may proceed with the last received amendments and bill accordingly.

If a review requires over 50% rewriting, APO Group will consider the content delivered and issue a new quotation for additional work. APO Group does not use AI tools for content production.

2.2.7. Press Release Distribution

Given the Client’s in-depth knowledge of its company and industry, and the fact that APO Group acts as the Client’s agent for the provision of the requested services, APO Group does not undertake to verify every fact supplied by the Client for any press release published.

• The Client represents and warrants that all information provided to APO Group is accurate, complete, and does not infringe on any third-party rights.
• The Client also confirms rightful ownership or licensing of all shared materials.
• The Client shall promptly notify APO Group of any material third-party complaint, claim or threat of litigation relating to services provided by APO Group to the Client.
• The Client indemnifies and shall indemnify APO Group against all third-party claims arising from the Client’s infringement of any third-party rights.

The Client warrants to:

• Follow APO Group’s reasonable instructions regarding the Services.
• Provide requested information, data, and documents needed for the Services.
• Submit requested information and images in an acceptable format.
• Ensure all provided information is complete and accurate for APO Group’s reliance.

The Client acknowledges and accepts that:

• APO Group reserves the right to refuse publication or discontinue the publication of any content it deems illegal, libelous, or infringing on third-party rights, and the Client shall not be entitled to a refund in this regard.
• APO Group will not distribute press releases containing media registration links or forms; Clients must contact APO Group for media attendance support.
• The Client remains fully responsible for the content of its press releases and media or documents joined for distribution.
• APO Group is simply responsible for the distribution of the press release.

Should the Client send a document with “Track Changes” activated, APO Group will accept all changes and proceed with distribution. Broken links included in the document will be removed.

The text, content of the press release, and any digital media distributed with it, including but not limited to images and videos, may be free from copyright or any other intellectual property protections. The Client further accepts that any third party may use the text and digital media provided in a press release for editorial or commercial purposes.

Once distributed, modifications cannot be made to a press release, nor will APO Group contact media outlets that have published it to request its removal or any changes.

The Client may elect to distribute a new press release which APO Group will distribute to correct the incorrect press release. Where the Client elects to issue a new press release, the Client will be billed for this new press release unless a mistake resulting in the need for re-distribution is clearly attributable to APO Group, in which case, the new press release correcting the incorrect information will not be billed.

APO Group will not be responsible for the content distributed by third party organisations using its Services.

3. Distribution Schedule and Conditions

3.1. Distribution hours fall within APO Group’s standard press release distribution schedule from 08h00 to 18h00 GMT, Monday to Friday, 08h00 to 17h00 GMT, Saturday and Sunday (“business hours”). Subject to one (1) business day’s notice, APO Group can arrange distribution of a press release outside of business hours.

Any press release published outside of business hours shall be subject to a priority fee.

The priority fee will be calculated on a case-by-case basis depending on the nature of the press release and the requested distribution time.

3.2. Unlimited Press Release packages are subject to reasonable use of 260 releases maximum per year.

3.3. Except as otherwise communicated to the Client, APO Group (strictly) requires the following for the distribution of Press Releases and Multimedia Content:

• Press Release: Editable Word document only
• File type: Doc, Docx
• Images: High definition (no less than 1024 px, 16/9 ratio). Not pixelated or blurry
• Maximum file size: 20MB
• File type: jpeg, jpg, PNG
• Sound Bite: Recommended no longer than 2 mins, no background noise
• MP3 format only
• Maximum file size: 20MB
• Presentation: PDF, PPT, PPTX only
• Maximum file size: 10MB
• Infographics: PDF only
• Maximum file size: 10MB
  
  

3.4. Translations

The Client acknowledges and accepts that APO Group makes use of third parties to translate press releases and other content. The Client therefore indemnifies and holds APO Group harmless from any claims or losses that may arise from translation errors that may occur and/or any loss or other damages, whether direct or indirect, occasioned by such translation errors. The Client is responsible for confirming the accuracy of any translation.

3.5. Industries not served by APO Group

Industries not served by APO Group are Tobacco, Arms, Alcohol, and Gambling.

3.6. Priority Fees

3.6.1 Where a Client requires any services from APO Group but requests such services on an urgent or expedited basis, such services will be subject to a priority fee for allocation of resources and prioritisation of the requested services.

3.6.2 The priority fee will be calculated on a case-by-case basis depending on the nature of the services requested, the urgency required by the Client, and the capacity of APO Group to provide the services within the requested timeframe.

3.6.3 APO Group reserves the right to deny a Client’s request for urgent services where it is unable to provide the requested services within the urgent or expedited timeframe of the Client. Unless urgency was requested by the Client at the time they requested any services, APO Group shall not be liable to refund the Client any fees where it is unable to provide the services within the critical timeframe specified by the Client.

3.7. Client Responsibilities and Warranties

By using our Services, the Client warrants that:

3.7.1 they have the consent and authority to provide information and to appoint APO Group to provide the Services;

3.7.2 they lawfully possess and submit all information to APO Group for its use to fulfil the contracted, agreed Services;

3.7.3 they have not made any misrepresentations, and the information provided is true, accurate, and complete in every aspect;

3.7.4 they will not provide, replicate, or transmit any content that is abusive, threatening, harassing, defamatory, racist, sexist, discriminatory, in breach of confidence or privacy, or that could bring APO Group’s name into disrepute in any way whatsoever,

3.7.5 they will not send any unsolicited electronic messages or use any software, routine, or device to interfere or attempt to interfere electronically or manually with the operation or functionality of APO Group’s Services, including but not limited to providing files containing corrupt data or any virus;

3.7.6 they will not infringe the intellectual property or other rights of any third party nor transmit content that they do not own or do not have the right to publish or distribute;

3.7.7 they will pay all fees due to APO Group punctually and in full;

3.7.8 they will not use the Services to breach any applicable law or regulation or perform or encourage any illegal activity. Any such action will automatically and immediately be considered a material breach of these Terms, entitling APO Group to exercise all its rights in the event of such a breach.

3.8. Confidentiality and Processing of Personal Information

Neither party shall, during or after the provision of these Service Terms, use to the prejudice or detriment of the other party, or divulge to any person, any material, client list, business method, trade secret or any other confidential information concerning the business affairs of the other party which may have come into its possession or knowledge during the provision of the Services. Failure of the Client to pay fees for the services of APO Group does not constitute confidential information.

3.8.1. Processing Information

APO Group will process all personal information in accordance with its Privacy Policy and implement appropriate technical and organisational measures to protect against unauthorised use, accidental loss, damage, or destruction of personal data. APO Group’s Privacy Policy is accessible at https://apo-opa.com/privacy-policy/.

3.8.2. Public Relations

Unless otherwise agreed, the Client acknowledges and agrees that APO Group is entitled, in perpetuity and at no cost to the Client, to publish the Client’s company name, logo, and/or a case study of the Services provided by APO Group in literature, the media, on its website, and other public online channels, as well as in public relations statements.

3.9. Data Messages

Data messages, including email messages, the Client sends to APO Group will be considered as received only when acknowledged or responded to. Data messages sent to the Client by APO Group will be regarded as received when the data message enters the Client’s email server inbox and is capable of being retrieved and processed. APO Group reserves the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

3.10. Disclaimers and Indemnities

3.10.1. Disclaimers
As Is – The Services are provided “as is” and “as available”. APO Group makes no representations or warranties, express or implied, including but not limited, to warranties as to the accuracy, correctness, or suitability of the information contained about any Service or outcome.

3.10.2. Limited Liability

APO Group and the Client, along with their shareholders, directors, employees, and partners, accept no liability for any loss, claim, damage, or injury caused or sustained, except to the extent caused by a wilful or grossly negligent act or omission on the part of either party in the course of providing the Services. It is understood that APO Group shall not be liable to the Client and/or its customers, employees, or contractors for any consequential, indirect, or special losses or damages (including loss of profits), and likewise, the Client shall not be liable to APO Group and/or its customers, employees, or contractors for any such losses or damages. The liability of both parties, in any circumstance, shall be limited to the proceeds of any insurance coverage, if any, held by the respective party in relation to the liability arising from the Services.

3.10.3. Indemnities

Save for instances of fraud or gross negligence, the Client and APO Group agree to indemnify and hold each other harmless from and against any and all actions, claims, demands, proceedings, or judgments (collectively “Claims”) and any and all losses, liabilities, damages, costs, charges, and expenses (collectively “Losses”), including attorneys’ fees and related costs such as tracing fees, made by any third party, in any jurisdiction, that may be instituted, made, or alleged against, or suffered or incurred by APO Group or the Client, or that arise out of or in connection with the Client’s use of the Services in any manner. APO Group and the Client agree to indemnify, defend, and hold each other harmless from any direct or indirect liability, loss, claim, and expense (including reasonable legal fees) related to each other breach of these Terms.

This clause shall survive termination or expiration of these Service Terms.

3.10.4. General

3.10.5. Relationship Between the Parties

The relationship of the parties, inter se, shall be governed by the service level agreement between the parties and these Service Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

3.11. Force Majeure

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions, or obligations under these Service Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or power surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods, or other similar natural disasters and third party factors that may impede media attendance, engagement, or coverage for any event), then such failure shall not constitute a breach under these Service Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

3.12. Governing Law

In accordance with the law of England and Wales, all disputes, actions, and other matters in connection with this Agreement shall be determined in accordance with such law.

3.13. Change Without Notice

These Service Terms are subject to change without notice. These Service Terms are updated or amended from time to time and will be effective once they are uploaded or provided to the Client. The Client’s continued use of the Service constitutes its acceptance to be bound by these Service Terms, as amended.

3.14. Entire Agreement

This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 3.13 no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Service Terms or their duly authorised representatives.

3.15. No Indulgence

No indulgence, leniency, or extension of time granted by APO Group shall constitute a waiver of any of APO Group’s rights under these Service Terms and, accordingly, APO Group shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

3.16. Importation of Words

Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

3.17. Headings as Reference

The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

3.18. Disbursements

All Services exclude third party costs and disbursements, including but not limited, to venue booking, transportation, accommodation, catering, journalists per diems, and promotional costs.

3.19. Failure to Pay

In the event of a Client failing to pay any amount timeously or breaching these Service Terms, the Client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by APO Group in relation to the payment failure or breach.

3.20. Severability

Each sentence, paragraph, term, clause, and provision of these Service Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause, or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause, or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

3.21. Prohibited Provision

No term or condition of these Service Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 3.19.