Terms & Conditions

Introduction

ElleQuinn Communications LLP (hereinafter referred to as “ElleQuinn”) is a full-service Public Relations agency based out of Mumbai, India, offering a comprehensive range of PR & Communication services (collectively referred to as the “Services”).

Unless otherwise agreed in writing, the following Terms and Conditions apply to all Services delivered to ElleQuinn’s clients (hereinafter “the Client”). The Client’s general purchasing conditions, customary practices, or any conflicting, contrary, or additional terms and conditions contained in any communication from the Client to ElleQuinn shall not apply unless such additional terms and conditions are expressly accepted in writing by ElleQuinn.

Please read these Terms and Conditions carefully before using our Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

ElleQuinn reserves the right to update and amend these Terms and Conditions at any time. The applicable version of the Terms and Conditions that will be referred to in any dispute is the current version at the time of placing an order or entering into an agreement with ElleQuinn. The current version of the Terms and Conditions will always be available on the ElleQuinn website.

Services

ElleQuinn Communications offers a variety of public relations services including but not limited to media relations, content creation, event management, crisis communications, branding, social media management, reputation management and everything agreed between the Client and ElleQuinn (the “Services”). The scope and terms of each service will be defined in individual contracts or agreements signed between ElleQuinn Communications and the client (“Client”).

The Services to be delivered to the Client will be specified in a separate contract, a schedule of services, a quotation, or an order confirmation.

All material to be distributed or otherwise published by ElleQuinn as part of the Services will be presented to the Client before publication.

The Client acknowledges that there are no guarantees that the Services will achieve certain goals, as results are influenced by many variables beyond ElleQuinn’s or the Client’s control. ElleQuinn will use its best efforts to achieve agreed goals but shall under no circumstances be liable for achieving the goals or the actual results.

Save as otherwise expressly agreed between the parties, nothing in these Terms and Conditions or any separate contract between the parties shall be construed as creating any agency, partnership, or joint venture relationship between the parties, and neither party shall be capable of binding the other to any obligation save as may be expressly contemplated and provided for herein or in a separate contract between the parties.

For certain types of Services provided by a third party (such as agents, sub-contractors, etc.) but procured by ElleQuinn for the benefit of the Client (e.g., social media PR, influencer PR, sourcing data from various platforms for the purpose of creating reports, etc.), ElleQuinn shall be authorized to act as the Client’s agent in dealing with third parties. Such procurement of services by a third party shall be informed and approved by the Client prior to the procurement. Where the Client provides ElleQuinn with access credentials to the Client’s account with third parties or authorizes ElleQuinn to create such accounts (e.g., social media advertising accounts), the Client acknowledges and agrees that ElleQuinn shall be authorized to operate such accounts on behalf of the Client.

The Client acknowledges and agrees that third-party Services may be subject to their own additional terms and conditions and that it shall be the responsibility of the Client to familiarize itself with and comply with any such third-party Service terms and conditions.

Fees and Payments

Clients agree to pay for the Services as per the rates and terms outlined in their respective contracts. All payments are due within the time frame specified in the contract. Failure to make payments on time may result in the suspension or termination of Services. ElleQuinn Communications reserves the right to charge interest on overdue payments as specified in the contract.

All prices are stated exclusive of GST, taxes, duties, or possible surcharges of any kind imposed by a government or other official body in the Client’s country.

The prices are stated in INR unless otherwise agreed.

Fees shall be payable to ElleQuinn on the specific basis set forth in the individual contract, schedule of services, quotation, or order confirmation.

All invoices shall be payable by the Client upon presentation thereof unless otherwise agreed to by the parties in writing, and all payments shall be made without any deduction, set-off, or exchange.

In the case of partial or total non-payment by the Client of any charges due to ElleQuinn, the Client shall be liable to make payment of interest on the amount payable at the rate calculated on a daily basis from the date such charges first become due and compounded monthly in arrears until receipt of full payment by ElleQuinn. Furthermore, ElleQuinn may suspend all future Services until full payment of due amounts is made.

In case a monthly/quarterly retainer fee is agreed upon, the Client shall separately pay for any PR activities or additional Services, which are not included in the monthly retainer fee. Before ElleQuinn commences such PR activity outside of the Services included in the retainer fee, the Client must approve it in writing.

ElleQuinn may invoice any additional and necessarily external costs incurred in connection with carrying out the agreed Services, such as artwork, photography, printing, media monitoring, market research, exhibition and display materials, promotion, etc., on behalf of the Client, and other out-of-pocket expenses (including but not limited to travel, accommodation, entertaining, messengers, subscriptions, press distribution, etc.). Such costs will be charged to the Client monthly by showing copies of relevant invoices from third parties. ElleQuinn is entitled to include a mark-up fee on all invoices from third parties to cover administration, credit risks, etc. Any external costs shall be agreed upon with the Client prior to commitment.

ElleQuinn shall not be required to make advance payments or enter into financial commitments on behalf of the Client. If ElleQuinn, after agreement with the Client, has made such advanced payment on behalf of the Client, the Client shall immediately upon request, pay the amount of such advance payments or commitments to ElleQuinn.

Intellectual Property Rights

ElleQuinn shall use the Client’s trademarks, trade names, or any other symbols, but only for the purpose of fulfilling the Services.

ElleQuinn shall neither register, nor have registered, any trademarks, trade names, or symbols of the Client.

The right to use the Client’s trademarks, trade names, or symbols, as provided for under this provision, shall cease immediately upon the expiration or termination for any reason of the contract or agreement between the parties.

Unless otherwise agreed, ElleQuinn maintains the right to use the Client as a reference on ElleQuinn’s website through a case study, client reference, and testimonials.

ElleQuinn or any of its sub-suppliers retains ownership of any intellectual property rights (e.g., copyrights) that may come into existence for ElleQuinn or its sub-suppliers in connection with delivering the Services and in accordance with applicable laws. The IP rights to the material produced in connection with delivering the Services to the Client will be transferred to the Client. These rights do not include IP rights to ElleQuinn’s source code—the media, press databases, or any other intellectual property created by ElleQuinn—that ElleQuinn owns.

Protection of Intellectual Property: The State of Consciousness

At ElleQuinn Communications, our operations, business conduct, and value system are deeply rooted in a unique guiding principle known as "The State of Consciousness." This principle represents our commitment to thoughtful, ethical, and impactful public relations practices. It serves as the foundation of our strategic approach, client relations, and overall business philosophy.

Ownership and Rights

"The State of Consciousness" is the exclusive intellectual property of ElleQuinn Communications. It is a proprietary framework that has been developed over time, reflecting our insights, experiences, and philosophy in the field of public relations. We consider this framework a critical asset, integral to our brand identity and operational success.

• Usage Restrictions

  Clients, partners, collaborators, and any third parties are strictly prohibited from copying, reproducing, modifying, distributing, or using "The State of Consciousness" in any form or manner, whether directly or indirectly, without the explicit prior written consent of ElleQuinn Communications. This prohibition includes, but is not limited to, any attempt to replicate, adapt, or derive work based on this principle for commercial, educational, or personal purposes.

• Confidentiality

  All materials, discussions, strategies, and documentation related to "The State of Consciousness" shared during the course of our business relationship are confidential and must not be disclosed to any unauthorized parties. Any breach of this confidentiality will be considered a serious violation of these Terms and may result in immediate termination of services, as well as legal action to protect our rights.

• Enforcement and Legal Action

  ElleQuinn Communications reserves the right to take appropriate legal action in the event of unauthorized use, reproduction, or disclosure of "The State of Consciousness." We will pursue all available remedies under applicable law, including seeking damages, injunctions, and other equitable relief, to protect our intellectual property.

• Acknowledgment

  By engaging with ElleQuinn Communications, you acknowledge and agree that "The State of Consciousness" is a protected intellectual property of ElleQuinn Communications. You further agree to respect and uphold the restrictions outlined in this section, ensuring that this principle remains an exclusive asset of our company.

Warranties

The Client warrants that it shall use its best efforts to ensure that any information or material provided to ElleQuinn shall be truthful, accurate and shall not be misleading or unlawful, nor will it wrongfully divulge or infringe upon the rights of third parties. The Client further warrants that it has the legal right and authority to share such information or material with ElleQuinn.

The info being shared by the client should have the right to share the information

• Will provide the Services in a timely manner and to the standard of skill, knowledge, care, and foresight that is reasonably and ordinarily expected from an experienced agency engaged in providing services that are the same as, or similar to, the Services provided by ElleQuinn;
• Shall comply with all reasonable instructions given by the Client in relation to the Services;
• Shall perform the agreed Services in accordance with all applicable laws and obtain and maintain all necessary licenses and permits required to provide the agreed Services;
• Shall do its best to avoid actions or omissions that do or might prejudice, harm, bring into disrepute, or damage the Client’s name, business, brand, goodwill, its relationship with customers, or customers’ perception of the Client; and
• Shall ensure that the Services and any press releases produced by ElleQuinn shall not infringe or allegedly infringe any rights of any third party.

Indemnification

You agree to defend, indemnify and hold harmless ElleQuinn Communications and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

ElleQuinn shall not be liable to the Client in respect of any claim for any damages or loss, including special, exemplary, indirect, incidental, consequential, punitive, or tort damages arising out of or in connection with an agreement between the parties or the Services, except for ElleQuinn’s gross negligence or willful misconduct.

ElleQuinn shall not be liable for any fiscal aspects related to any of the Client’s samples or products delivered to a third party, and the Client shall hold ElleQuinn harmless for any such claims from third parties.

ElleQuinn shall not be responsible for any share price fluctuations, revenue targets, or any financial, legal, or other obligations that the Client may have to their customers, and the Client agrees to indemnify ElleQuinn against any such claims arising from these obligations.

In any event, ElleQuinn’s liability is always limited to the amount of the fees for the Service that the claim is related to and can never exceed the total fees paid for this work. In no event shall either party be liable to each other for any loss of profits, consequential, special, or incidental damages.

Confidentiality

ElleQuinn Communications acknowledges that in the course of providing Services, it may receive confidential or proprietary information from the Client. We agree to keep all such information confidential and will not disclose it to any third party without the Client’s prior written consent.

Except in any proceeding to enforce any of the provisions of an agreement between the parties, or as otherwise required by law, governmental regulation, or binding court order, neither party will, without the prior written consent of the other party (i) publicize or disclose to any third party, either directly or indirectly, or (ii) use for any other purpose than the proper fulfillment of its obligations under an agreement, any of the following (“Confidential Information”):

• Any of the terms or conditions of any commercial agreement between the parties; or
• Any confidential or proprietary information or data received from a party, except for information that is or becomes generally available to the public other than as a result of disclosure by the receiving party, or that is or becomes available to the receiving party on a non-confidential basis from a source which, to the receiving party’s knowledge, is not prohibited from disclosing such information to the receiving party by a legal, contractual, or fiduciary obligation.

If either party is served with a legally binding order by a court or governmental authority requiring the disclosure of any Confidential Information, then that party will immediately notify the disclosing party and will use its best efforts to permit the disclosing party, at its sole cost and expense, a reasonable period of time to intervene and contest disclosure or production.

The parties shall each make any of their directors, employees, servants, or agents to whom the other party’s Confidential Information is disclosed aware of the obligations of confidence and non-use.

Each party will restrict all Confidential Information to its respective agents and employees on a “need-to-know” basis.

Upon termination of the agreement or at any time at the other party’s request, the parties shall each forthwith return to the other party, or at the other party’s option, destroy all copies of the other party’s Confidential Information then in its possession and all other documents or materials in its possession in so far as they contain Confidential Information relating to the other party.

This provision shall survive for five years after the termination or expiration of the agreement between the parties.

Clients in the Same Industry

Clients of ElleQuinn often require knowledge of markets, industries, and areas that necessitate ElleQuinn working with other companies in the same industry. The routine described in this provision ensures that no parties will be compromised when confidential information is handled.

ElleQuinn guarantees:

• That meetings, presentations, and work routines are conducted in a way that ensures no information will be leaked to work groups involved in competing assignments.
• That documents and files are kept separate so that no insight can be gained into competing businesses.
• That any crisis arising from the appointment of a competing agency will be the sole responsibility of the client, and ElleQuinn will not be liable for any conflict of interest or resulting issues.
• This provision shall survive for ___ years after the termination or expiration of the agreement between the parties.

Term and Termination

Either party may terminate the relationship with written notice if the other party breaches these Terms or the specific contract terms, and the breach is not cured within a reasonable period. ElleQuinn Communications may also terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

The term of any agreement between the parties shall commence on the date of signing or the date of the order confirmation.

Unless otherwise agreed between the parties, an agreement shall continue in force and effect for the period agreed separately between the parties or until the agreed Service is delivered. Thereafter, the agreement will automatically expire unless it is mutually renewed by acceptance from both parties.

During the term of an agreement, the Client is not allowed to terminate the agreement or Services. ElleQuinn is allowed to terminate the agreement at its sole discretion and without incurring any liability towards the Client by providing the Client with two months' written notice to the end of a month.

Either party can terminate an agreement in the following events:

• By either party if the other party commits a material breach of its obligations and fails, insofar as remedy is reasonably possible, to remedy the breach within 10 working days after request by the non-breaching party.
• By either party if the other party applies for or consents to the appointment of a receiver, trustee, or liquidator to administer the business or its properties and assets. If by applicable law, the trustee has a right to continue the agreement on behalf of the estate, the trustee shall inform the non-breaching party within 10 working days.

It is emphasized that, due to the close cooperative relations concerning the Services, the parties and the natural person(s) ultimately owning the parties owe a strict duty of loyalty to each other, and that the issue of any material breach of an agreement by a party must be assessed in this light.

It is understood that termination of an agreement shall not relieve a party from any liability already incurred by that party at the time of such termination.

Personal Data

ElleQuinn may not use any personal data received for any other purpose than the proper performance of its obligations in connection with the Services and may not transfer or disclose any such personal data to any third party without the Client’s written consent or instruction.

The Parties agree to comply with applicable personal data protection laws, including the General Data Protection Regulation (GDPR) and India’s data protection laws. Furthermore, the parties agree to impose corresponding obligations on their service providers, employees, and business partners.

ElleQuinn will collect, process, and use personal data as a data processor in accordance with written instructions by the Client. The parties shall agree upon a Data Processing Agreement supplied by ElleQuinn along with applicable Standard Contractual Clauses as set forth by the Data Protection Board of India if required.

Compliance

The parties declare that neither the party, its employees, officers, nor directors shall engage in any activity that would expose a risk to the other party; hereunder the risk of fines, sanctions, or penalties under any applicable law and regulation, including but not limited to regulations related to anti-corruption, anti-bribery, forced slavery, anti-trust, or anti-money laundering, terrorism and other anti-national activities.

Each party declares that, at the date of entering an agreement, the party, its directors, officers, or employees have not offered, promised, given, authorized, solicited, or accepted any undue pecuniary or other advantages of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with entering the agreement.

Each Party also declares that it has taken reasonable measures and will continue to take reasonable measures to prevent subcontractors, agents, or any other third parties, subject to its control or determining influence, from doing so.

The parties will prohibit any form of corrupt practice—including bribery, extortion or solicitation, trading in influence, or laundering—in relation to a public official at the international, national, or local level, a political party, party official, or candidate to political office, and a director, officer, or employee of a party, whether these practices are engaged in directly or indirectly, including through third parties.

If a party brings evidence that the other party has been engaging in material or several repeated breaches of this provision, it will notify the latter party accordingly and require such party to take the necessary remedial action in a reasonable time and to inform it about such action.

If the latter party fails to take the necessary remedial action, or if such remedial action is not possible, it may invoke a defense by proving that by the time the evidence of the breach had arisen, it had put into place adequate preventive measures adapted to its particular circumstances and capable of detecting corruption and of promoting a culture of integrity in its organization.

If no remedial action is taken or, as the case may be, the defense is not effectively invoked, the first party may, at its discretion, either suspend or terminate the agreement, it being understood that all amounts contractually due at the time of suspension or termination of the agreement will remain payable, as far as permitted by applicable law.

Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had regarding the Service.

Any dispute arising out of or in connection with these Terms and Conditions or any agreement between ElleQuinn and the Client, including its conclusion, construction, and end, is to be settled before the courts of Mumbai, India, as the first instance.

Contact Us

If you have any questions or concerns about our Terms & Conditions, please contact us at:

ElleQuinn Communications

Email: info@ellequinn.com