The purpose of these Ts & Cs are to summarise the agreement between Ear Plug, a trading name of Why did the Chicken? Limited, (hereinafter “WDTC” or “Us or “We”) and “You” for the provision of Podcast promotion services (hereinafter “Services”). By using our website or purchasing our services you agree to the following terms and conditions:
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
a) You release us from any potential liabilities linked to the content contained within, or associated with, your podcast.
b) You will not hold us not liable (whether caused by our employees, agents or otherwise) for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
c) You will indemnify us against all damages, costs, claims and expenses suffered by us arising from your loss or damage of any loaned equipment (including that belonging to third parties) caused by you, your agents or employees.
d) Under no circumstances will either party’s total liability of all kinds arising out of, or related to this agreement, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed five times the value of this agreement.
e) Nothing in these Terms and Conditions shall limit or exclude either party’s liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
f) Why did the Chicken? and Ear Plug are not responsible for the content of any 3rd party podcasts it promoter, highlights or supports as part of the delivery of it’s services.
a) All charges are in USD and inclusive of any appropriate taxes.
b) All payments will be handled through our payments partner Stripe. By making payments to us via Stripe you agree to Stripe’s terms and conditions as detailed at https://stripe.com/gb/checkout/legal
c) All products and services must be paid for, in full, in advance.
3. DELIVERY OF YOUR SERVICE
a) If you order a service from us, then we will make work to the best of our abilities to deliver it to the specification as detailed on the website and store pages, or as otherwise agreed.
b) We will state up-front typical delivery times for all our services. If we discover we are likely to significantly miss those delivery times, we will let you know ASAP and offer a full refund.
c) If, during the course of providing our service, we identify that we will be unable to meet specified or agreed delivery times, we will let you know as soon as possible and agree a reasonable revised delivery time. If we cannot agree to a revised delivery time we will cease work and provide a full or partial refund, depending on the degree of work completed.
d) In certain circumstances (e.g. due to changes in supplier skills and availability) we may be forced to make changes the nature of our services delivered:
i) For minor changes that don’t materially affect the content or quality we will let you know of these changes at the point of delivery.
ii) For notable changes affecting content or quality we will inform you as soon as possible and offer a part-refund based upon the size of the change.
iii) For significant changes affecting content or quality we will let you know as soon as possible and you offer you the chance to receive a full refund.
f) If you wish to change your order, then you must contact us with your request at the earliest possible opportunity. Changes that materially increase the size, scope or nature of your order may incur an additional charge and impact delivery timeframes. Changes that materially reduce the size, scope or nature of your order may be eligible for a partial refund, to be made at our discretion (dependent upon commitments made and cost incurred to date). Any additional charges must be paid up front before the change can be made.
4. SERVICE OUTCOMES
a) Where possible, we will share with you (in advance of purchase) the plausible outcomes you may reasonably expect to achieve as a result of using our Service. Whilst we will make reasonable efforts in the fulfillment of our Service, we cannot however guarantee that use of our Service will result in those outcomes being achieved - for instance, we cannot guarantee how many clicks or subscribers you will receive via an advert or how many journalist requests you will receive when undertaking press work.
5. YOUR OBLIGATIONS
a) Successful provision of this Service will be reliant upon your participation. You agree that you will make reasonable efforts to support and enable the Service we provide, through (including but not limited to):
i) Giving us timely access to any and all reasonable Content (e.g cover art, podcast links, host and guest information and other descriptive information) as required to enable the provision of our Services.
ii) Sharing reasonable and accurate information about your Podcast, your needs, your audience and your existing promotional activities
iii) Positive, constructive and active engagement with our team to work collaboratively on positive outcomes
iv) Avoiding unwarranted negative representation of both your Podcast and Ear Plug in a positive manner on open fora, both real and virtual
b) You will be responsible for ensuring that you have all the necessary licences, clearances and copyright permissions for any Content you ask us to promote
c) You must make us aware, prior to the commencement of this contract, of any reasonable and relevant personal, health, mobility or technical requirements which we will make reasonable efforts to cater for.
d) You warrant that any Content (including, but not limited to, music, spoken word, imagery, show notes, social media postings, public talks, videos, blog posts and episode names) contained within or associated with your Podcast is free from/does not contain:
i) personal information without consent, unless there is a clear public interest argument;
ii) information that is provided confidentially or marked as confidential is not shared unless it is already in the public domain.
iii) material about a subject currently undergoing a legal trial
iv) material about a child or children involved in family or criminal proceedings
v) statements or strong inferences that could seriously and negatively affect the reputation of a person, company or organisation
vi) material for which permission has not been gained from the copyright holder without clear and unambiguous ground for use in the context of ‘fair dealing’.
vii) language, actions and hateful conduct of a sexist, racist, misogynistic or deliberately offensive nature towards one or more religions, ethnicities, disabilities, ages or genders
viii) the threat, promotion or glorification of violence, hate crimes, criminal acts and behaviours
ix) the threat, glorification or promotion of terrorism or violent extremism.
x) the promotion, glorification or depiction of adult or child sexual exploitation, violence or assault
xi) the abuse and/or harassment or someone, or incitement of others to do so
xii) the promotion or encouragement of suicide or self-harm
xiii) the pursuit or furtherance of any illegal activities, including the selling, buying, or facilitating of transactions in illegal goods or services, as well as certain types of regulated goods or services.
xiv) the manipulation or interfering in elections or other civic processes
xv) the impersonation of individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others
xvi) deceptively sharing synthetic or manipulated media that are likely to cause harm.
xvii) violating others’ intellectual property rights, including copyright and trademark
xviii) advice, guidance or speculation on personal legal, financial or health matters, unless accompanied by clear warnings, disclaimers and referrals to reputable 3rd parties
e) If you fail to comply with Your Obligations, we may terminate our services without penalty.
6. CANCELLATION / TERMINATION
a) In the event that you wish to cancel our services then:
i) If you let us know of your wish to cancel no later than 2 weeks before the service is due to start we will issue you with a full refund.
ii) If you let us know of your wish to cancel less than 2 working days before the service is due to start then a full refund minus any reasonable committed costs.
iii) No cancellations are possible after the service has started, with the exception of the monthly Pro Membership option, which you may cancel at any time.
iv) In the event of your cancellation of the monthly Pro Membership option, refunds for any payments already made will be offered at our reasonable discretion (e.g. if you cancel immediately following a monthly payment and we have yet to deliver any services in that month, we may choose to refund that payment).
b) We may terminate our service at any time, without notice, if we find that you or your Podcast are in breach of Your Obligations (See 5). In this instance refunds may only be offered at our discretion, accounting for any supplied/committed services/costs.
c) If we otherwise terminate our service to you, we will provide reasonable notice, a constructive reason for termination and refund to the reasonable value of any activities/costs yet to be supplied/committed to by us.
7. RIGHTS & BACKUPS
a) We will store, for the purposes of enabling service delivery, copies of any Content received from you and copies of any Content we create as part of as part of activities.
b) Upon completion of our service, we will archive any Content received from you for the purposes of reference and backup. We will delete said Content upon request.
c) You retain the rights to all Content you supply us, but grant us permission to store,
process, reproduce and publish appropriate elements of said Content for promotional purposes, in order to fulfill our Service obligations.
d) We will grant you all rights, in all formats, in perpetuity, to any Content we create and supply to you as part of our Service obligations.
e) We retain all rights, in all formats, in perpetuity, to any guides, templates, learning materials, tools, methods and models we may use or share with you in the course of fulfilling our Service obligations.
a) In the event that you are unhappy with any work we have conducted for you, then please let us know as soon as possible, stating:
i) The issue you have experienced
ii) The nature and size shortfall against the published or otherwise agreed specification
iii) All relevant order details
iv) What reasonable steps you expect us to take to correct the matter
b) We will then review your complaint and take reasonable steps to address your concerns, taking into account the size and nature of the shortfall.