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.

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. 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. 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 press releases, while APO Group is responsible only for distribution.

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 (“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.

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.

  • File type: jpeg, jpg, PNG

  • Maximum file size: 20MB

• 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 makes use of third parties to translate press releases and other content. The Client therefore indemnifies and holds APO 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 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 to provide the services within the requested timeframe.

3.6.3 APO 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 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:

• They have the consent and authority to provide information and to appoint APO to provide the Services.

• They lawfully possess and submit all information to APO for its use to fulfil the contracted, agreed Services.

• They have not made any misrepresentations, and the information provided is true, accurate, and complete in every aspect.

• 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.

• 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.

• 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.

• They will pay all fees due to APO Group punctually and in full.

• They will not use the Services to breach any applicable law or regulation or perform or encourage any illegal activity.

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.

3.8.1. Processing Information
APO 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.

3.8.2. Public Relations
Unless otherwise agreed, the Client acknowledges and agrees that APO 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 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 will be regarded as received when the data message enters the Client’s email server inbox and is capable of being retrieved and processed.

3.10. Disclaimers and Indemnities
3.10.1 Disclaimers
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.

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 and any and all losses, liabilities, damages, costs, charges, and expenses, including attorneys’ fees and related costs.

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 due to an event out of their control, such failure shall not constitute a breach under these Service Terms.

3.12. Governing Law
In accordance with the law of Switzerland, 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.

3.14. Entire Agreement
This document contains the entire agreement between the parties in relation to the subject matter hereof.

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.

3.16. Importation of Words
Words importing the singular will include the plural 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) 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.

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.