Freelance Contributor Terms and Conditions

These Terms and Conditions (the "Terms") govern your submission of any Contributions for publication in any of our Publications. By submitting a Contribution for publication in any of our Publications, you agree to be bound by these Terms.

1 Definitions and interpretation

1.1 In these Terms, except where a different interpretation is clear from or necessary in the context, the following terms shall have the following meanings:

Business Day means a day other than a Saturday, Sunday or public holiday in the Northern Ireland when banks in Belfast are generally open for business;
Contributions means any articles, photographs and/or other such materials created by you and licensed to the Publisher for inclusion in the Publication;
Electronic Medium shall include (but not be limited to) all digital, optical and magnetic information storage and retrieval platforms or systems and all online and off-line electronic or other transmission (including, but not limited to, satellite or microwave transmission and the Internet), whether now known or subsequently developed;
Price means the price agreed in writing for each Contribution from time to time;
Publications means each of the Publisher’s newspapers, magazines or websites owned by the Publisher from time to time;
Publisher means Irish News Limited with company number NI019406 whose registered office is at 113/117 Donegall Street, Belfast, BT1 2GE;
Rights means the first right, by way of licence, to reproduce, print and publish the Contributions in the printed version of the Publications and reproduce, distribute and communicate the Contributions to the public in any version of the Publications published on the Internet or in, through or by means of any other Electronic Medium, in all languages throughout the Territory during the Term together with the sole right and licence to authorise others to do so;
Term means the full period of copyright in the Contributions, including all renewals, reversions, extensions and revivals of such period subsisting or arising under the laws in force in each and every part of the Territory;
Territory means the world.

1.2 In these Terms, unless the context requires otherwise:

1.3 Any reference in these Terms to any statute or statutory provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced (whether before or after the date of these Terms) and as including all subordinate legislation from time to time made under it.

1.4 The expression copyright shall include the entire copyright, design right, rental right, right to authorise or prohibit lending, database right, right of communication to the public and distribution right subsisting now or created at any time during the subsistence of these Terms under the laws of the United Kingdom and all analogous rights subsisting now or created at any time during the subsistence of these Terms under the laws of each and every other jurisdiction throughout the Territory.

1.5 References in these Terms to clauses, schedules and exhibits are to clauses of and schedules and exhibits to these Terms, except where otherwise expressly stated.

1.6 Headings are used in these Terms for the convenience of the parties only and shall not be incorporated into these Terms and shall not be deemed to be any indication of the meaning of the clauses, schedules or exhibits to which they relate.

2 Grant of Rights

In consideration of the payment by the Publisher of the Price, you grant the Rights to the Publisher.

3 Your obligations

3.1 You agree with the Publisher:

4 Your warranties and indemnity

4.1 You warrant that:

4.2 You hereby indemnify and shall keep the Publisher indemnified against all losses and all actions, claims, proceedings, costs and damages (including any damages or compensation paid by the Publisher on the advice of its legal advisors to compromise or settle any claim), and all legal costs or other expenses, arising out of any breach or alleged breach of any of the above warranties or out of any claim by a third party based on any facts which, if substantiated, would constitute such a breach.

5 Your Acknowledgement

You acknowledge that these Terms constitute your total entitlement to remuneration for provision of the Contributions to the Publisher and it shall not be entitled to any further remuneration or other form of compensation for provision of the Contributions.

6 Publisher’s obligations

6.1 The Publisher agrees:

7 General

7.1 Force majeure

7.2 Whole agreement

7.3 Reservation of rights

All rights not specifically and expressly granted to the Publisher by these Terms are reserved to you.

7.4 Joint and several

All agreements on the part of either of the parties which comprises more than one person or entity shall be joint and several.

7.5 Proper law and jurisdiction

These Terms shall be governed by the laws of Northern Ireland in every particular, including formation and interpretation, and shall be deemed to have been made in Northern Ireland, and the parties agree to submit to the exclusive jurisdiction of the Northern Irish courts.

7.6 Notices

7.7 No modification

These Terms may not be modified except by an instrument in writing signed by both of the parties or their duly authorised representatives.

7.8 Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of these Terms shall not be a waiver of them, nor of the right at any time subsequently to enforce all terms and conditions of these Terms.

7.9 Survival of terms

The warranties and indemnities contained in these Terms, and the provisions for payment of money due to you under the terms of these Terms, shall survive the termination or expiry of these Terms.

7.10 VAT

All sums payable to you under these Terms are exclusive of VAT, which shall, where applicable, be paid in addition at the rate in force at the due time for payment, subject to you either supplying a VAT invoice to the Publisher or informing the Publisher of his VAT registration number.

7.11 Rights and remedies cumulative

All rights and remedies available to the parties under the terms of these Terms and under the general law shall be cumulative, and no exercise by either of the parties of any such right or remedy shall restrict or prejudice the exercise of any other right or remedy granted by these Terms or otherwise available to it.

7.12 Confidentiality

7.12.3 The obligation set out in clause 7.12.2 shall not apply to any information which:

7.13 Binding effect

These Terms shall bind and enure to the benefit of the parties and their respective permitted assigns, personal representatives and successors in title.

7.14 Assignment

7.15 No partnership

Nothing in these Terms shall be deemed to constitute a partnership between the parties, nor the relationship of employer and employee under a contract of service, nor the relationship of principal and agent.

7.16 Third parties

Nothing contained in these Terms is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.