NeonDrum terms of service

NeonDrum is wholly owned by EvokedSet Ltd. These terms apply to all services supplied by EvokedSet Ltd trading on the neondrum.com website.

Plain English Version

The Service

We distribute material you submit ("Submitted Content") to other websites based on the target market for your release. We are a business-to-business distribution service and will not distribute purely consumer-focussed news.

Payment

We require full payment with order. We will exercise our statutory rights in the unlikely event of any debt recovery

Full Version

1. Accounts

1.1 Accounts will normally be rendered with acceptance of the client's service agreement. Accounts are payable prior to delivery of the service.

1.2 All payment obligations may not be cancelled and all amounts paid are non-refundable. EvokedSet reserves the right to modify its fees and charges and to introduce new charges at any time.

1.3 You agree to provide EvokedSet with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it.  If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service in addition to any other legal remedies.

1.4 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. The late payment interest rate is currently the Bank of England reference rate plus 8%, an administration charge of £70 will be added for debts over £1000.

1.5 All charges are subject to VAT at the percentage rate applicable at the date of invoice.

1.6 If any account shall not be paid when due EvokedSet may suspend further work for the client until payment is made. The client shall meet or indemnify EvokedSet against all extra costs or liabilities that may arise as a result.

2. Liability and indemnification

2.1 You are responsible for the content and accuracy of all news copy and other information submitted by you to EvokedSet Limited ("NeonDrum/EvokedSet") ("Submitted Content"). We will not verify facts contained in Submitted Content.

2.2. You represent and warrant to EvokedSet that (i) you have the right to deliver the Submitted Content to EvokedSet , (ii) you will comply with all applicable laws, rules and regulations, including but not limited to all laws relating to "spam", and (iii) Submitted Content will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person.

2.3 We reserve the right (i) not to distribute any releases submitted to EvokedSet and to remove any press releases from our site.  We can only remove Submitted Content from our website, and we are not responsible for the removal of Submitted Content from sites outside of EvokedSet.

2.4. All Submitted Content submitted to EvokedSet must contain a full contact name, landline telephone number and e-mail address that may be verified by EvokedSet prior to distribution.

2.5. We reserve the right to reject Submitted Material when necessary in our judgment.

2.6. EvokedSet endeavours to secure as broad coverage as possible for Submitted Content, however, however cannot guarantee specific placement of any news release nor pick up by third parties.  Our purpose is to make content available via our online distribution services to be repurposed and republished by third parties who discover the content at various Internet locations, both intended and unintended.

2.7. You agree to use the Service for its intended purpose and not for any illicit purposes. 

2.8. EvokedSet may suspend or terminate your account with us at any time at our discretion, without any liability to you.

2.9. In no event will EvokedSet be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, revenues or investments) arising from any aspect of the delivery of our services or any aspect of the delivery of our services executed by third parties. This includes but is not limited to errors, omissions, interruptions, delays, losses, defects, third party web postings, context-sensitive advertising, commentary or subsequent editing of or interaction with the content of any kind (including voting, ranking or other subjective judgements), whether human or mechanical.

2.10. The client will indemnify EvokedSet against any loss EvokedSet may incur as a result of any civil claims or proceedings brought against EvokedSet based on the submitted material.

2.11. EvokedSet's entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. In no event will EvokedSet have any liability to you for any claims or demands of losses or damages of any kind by third parties.

2.12. Either party may terminate this Agreement forthwith in any of the following events.

2.13 If the other commits a material breach of any of the terms of this Agreement.

2.14 If the other commits any breach (other than a material breach) of a term of this Agreement and has failed to make good such breach within fourteen days of being required in writing to do so.

2.15. EvokedSet may give written notice to terminate this Agreement forthwith if the client has failed to pay an account within fourteen days of the despatch of a reminder that it is overdue for payment.

3. Jurisdiction

3.1 This contract shall be interpreted according to, and governed by, English Law: the parties moreover agree to submit to the exclusive jurisdiction of the English Courts in any dispute or difference of any kind which may arise concerning the contract.

4. Miscellaneous

4.1 EvokedSet reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

4.2 You acknowledge and agree that you and EvokedSet are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

5. Distribution Credits

5.1 Distribution credits are valid for 12 months from order date.

5.2 The number of distribution credits remaining is calculated as the number of distribution credits purchased minus the number of news releases submitted but not cancelled.