The terms that apply when you hire Visiting From Space.
We work hard for every client, but we do not guarantee media coverage or any other result. Reporters and editors decide what gets published.
These Terms of Service (the “Terms”) apply to the public relations, media relations, publicity and related services (the “Services”) provided by Visiting From Space (“Visiting From Space,” “we,” “us” or “our”) to the company or person who hires us (“Client” or “you”).
You accept these Terms when you sign a proposal, statement of work or agreement with us, pay an invoice, or ask us to begin work, whichever happens first. If you are accepting on behalf of a company, you confirm you have authority to bind that company.
If you have a signed written agreement or proposal with us, that document controls wherever it conflicts with these Terms. Everything it does not address is governed by these Terms.
We do not guarantee results of any kind. This includes, without limitation, any guarantee that a story, article, interview, review, mention, broadcast segment, podcast, social post or other coverage will be published, aired or posted; that it will appear in any particular outlet, on any particular date or in any particular form; or that coverage will be positive, accurate or complete.
Journalists, editors, producers and publishers make their own independent editorial decisions. We do not control them, we do not pay them for coverage, and we cannot require them to cover you, to use your quotes or materials, to include links, to publish on a specific schedule, or to keep a story online.
We also do not guarantee any business outcome, including sales, revenue, website traffic, search rankings, social media growth, investment, partnerships, awards, “viral” reach, audience size, impressions or return on investment.
Examples of past client coverage, case studies, testimonials and statistics shown on our website or in our materials describe results for those specific clients. They are not typical, they are not a promise, and past results do not predict future results.
Fees are paid for our time, expertise and work performed, not for any particular result. Lack of coverage, or coverage that does not meet your expectations, is not a reason for a refund, a fee reduction or non-payment.
The specific Services, deliverables, timeline and fees for your engagement are described in your proposal, statement of work or invoice. Services may include strategy, messaging, writing press materials, building media lists, pitching reporters, arranging interviews, event and trade show (including CES) publicity, and coverage reporting.
We will perform the Services in a professional manner consistent with generally accepted industry standards. We decide the methods, timing, contacts and approach we use to perform the Services.
Any reach, readership, audience, impression or “ad value” figures we report come from third-party sources or estimates. We provide them in good faith but do not guarantee their accuracy.
Work outside the agreed scope, extra revisions, rush requests, travel and third-party costs (such as wire distribution, media monitoring tools, photography, video, shipping or event fees) are billed separately. We will get your approval before incurring third-party costs on your behalf.
You agree to:
If you are a public company, you are solely responsible for deciding what is material information and for complying with all disclosure rules. We do not provide legal, securities, regulatory or financial advice.
Delays, missed opportunities or lost coverage caused by your late approvals, unavailable spokespeople, missing materials, product delays or inaccurate information are not our responsibility and do not reduce fees owed.
Media outlets and other third parties are not our agents and are not bound by these Terms. We are not responsible for anything a reporter, outlet, platform or other third party says, writes, edits, omits, misquotes, headlines, corrects, updates, removes or publishes, including negative or critical coverage, errors, comments by readers, or the placement and timing of a story.
We do not sell or buy editorial coverage. If an outlet requires payment, sponsorship or advertising to publish something, we will tell you and nothing will be paid without your written approval.
Trade show organizers (including CES), event venues, wire services and software providers have their own rules and terms. We are not responsible for their decisions, policies, outages or changes.
Fees and payment schedules are set out in your proposal, statement of work or invoice. Unless your agreement says otherwise, fees are due in advance and payable before work begins.
All fees are non-refundable once work has begun, including for project fees, monthly retainers and event packages, unless your signed written agreement says otherwise.
Late payments may accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower. If any amount is past due, we may pause or stop the Services until your account is current. You agree to pay reasonable costs of collecting past-due amounts, including reasonable attorneys’ fees.
You agree not to dispute or charge back a payment for Services that were performed. Questions about an invoice must be raised in writing within 15 days of the invoice date.
Fees do not include taxes. You are responsible for any applicable sales, use or similar taxes, other than taxes on our income.
Project engagements end when the agreed Services are complete. Monthly retainers continue month to month until either party cancels.
Either party may cancel an ongoing engagement by giving 30 days’ written notice (email is fine), unless your agreement sets a minimum term. You will pay for all Services performed and costs incurred through the end of the notice period, and any minimum-term fees in your agreement.
We may suspend or end the Services immediately if you do not pay, if you breach these Terms, if you ask us to do something we reasonably believe is unlawful, misleading or unethical, or if continuing would harm our reputation or our relationships with the media.
Sections that by their nature should survive the end of the engagement (including No Guarantee of Results, payment obligations, confidentiality, ownership, limitation of liability and indemnification) will survive.
Each party will keep the other’s non-public business information confidential and use it only for the engagement, except where the information is already public, was independently known or developed, was lawfully received from someone else, or must be disclosed by law.
Because PR involves sharing information with the media, you agree that information you give us for use in press materials, pitches or interviews may be shared with reporters, including under embargo. Embargoes are a professional courtesy; we cannot guarantee that every reporter will honor them.
Our media lists, contact information for reporters, relationships, pitching methods, templates and internal processes are our confidential information.
Once you have paid in full, you own the final press releases and other written deliverables created specifically for you, and you may use them for your business.
We keep ownership of our pre-existing materials, know-how, templates, methods, media lists and contacts, and anything we create that is not specific to you.
You give us a license to use your name, logos, materials and approved content to perform the Services. You also agree we may identify you as a client and display coverage we helped secure (and publicly available information about it) on our website, social media and marketing materials. You can ask us to stop at any time by writing to us, and we will stop for future materials.
Except as expressly stated in these Terms or your signed agreement, the Services and all deliverables are provided “as is.” To the fullest extent allowed by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, results and non-infringement.
To the fullest extent allowed by law: (a) we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunities, lost data, or harm to reputation or goodwill, even if we were told they were possible; and (b) our total liability for all claims relating to the Services or these Terms will not exceed the fees you actually paid us for the Services in the three (3) months before the event giving rise to the claim.
These limits do not apply to liability that cannot be limited under applicable law, such as liability for our own fraud or willful misconduct.
You agree to defend, indemnify and hold harmless Visiting From Space and its owners, employees and contractors from any claims, damages, losses, fines, costs and expenses (including reasonable attorneys’ fees) arising from: (a) information, materials, claims or content you provided or approved; (b) your products or services, including product defects, safety issues or recalls; (c) your violation of any law or third-party right, including intellectual property, privacy or publicity rights; or (d) your breach of these Terms.
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. We may use qualified employees and contractors to perform the Services and remain responsible for their work.
Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, pandemics, war, government action, power or internet outages, labor disputes, cancellation or postponement of a trade show or event, or major breaking news that changes the media’s priorities. This does not excuse payment for Services already performed.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.
If a dispute arises, we both agree to first try in good faith to resolve it informally by contacting each other in writing and allowing 30 days to work it out. If it is not resolved, any lawsuit must be brought in the state or federal courts located in Orange County, California, and both parties consent to the jurisdiction of those courts. Either party may bring a qualifying claim in small claims court.
Questions about these Terms? Send us a message.
Visiting From Space · Anaheim Hills, California
