WAPPP terms and conditions for the supply of contributions to “The PPP Times”, it’s website and associated social mediaThese terms and conditions for the supply of contributions to “The PPP Times”, including any documents herein referred to (together “Agreement”)

  • a) apply to all freelance contributions provided by you to the World Association of PPP Units & Professionals (“WAPPP”, “we”, “us”), which party for the purposes of this Agreement shall include authorised commissioning agents acting for and on behalf of WAPPP (“agents”), for use, publication and transmission in the licensed products; and
  • b) shall prevail over any other terms and conditions, whether written or oral, unless otherwise agreed in writing between you and WAPPP.

Please read these terms carefully. You shall be legally bound by these terms when you agree to supply to WAPPP content that is covered within their scope. You are advised to print off and keep a paper copy of these terms.Some types of contributions, such as book extracts and user-generated content, have specific terms and conditions that must be complied with.Variation of termsWe accept that the standard terms we seek in freelance contributions may not always be appropriate, for example, if a contribution has been previously published elsewhere or you have syndication arrangements that potentially conflict with our own. For the purposes of clarity to both parties, any variation of our terms must be agreed prior to publication and shall be subject to the approval of the responsible Editor or his/her nominees.Please note there is no obligation for freelancers to accept our standard terms and conditions nor for us to accept contributions other than on our standard terms and conditions.CommissionsAt the time of commissioning or ordering in your contribution, you and the relevant editor should agree terms, the deadline and the rights acquired. You should also agree on the main points to be covered in your contribution, and any special requirements. Standard international copyright norms will apply. Audio interviewsWAPPP may request that you make yourself available to follow up your contribution with an interview (“Interview”) for the purposes of its audio and/or audiovisual output.In consideration of WAPPP arranging to film and/or record the Interview with you at a mutually convenient time, you agree to the recording and/or broadcasting of the Interview and hereby give all consents necessary for the reproduction, exhibition, transmission, broadcast and exploitation of the Interview without time limit throughout the universe by all means and media (whether now known or hereafter discovered or developed) without liability or acknowledgement to you. WAPPP shall be entitled to cut and edit the Interview as it sees fit and shall not be obliged to include all or any of the Interview in any output.Joint ContributionsSubject to any agreement to the contrary, the copyright status of contributions created, produced and/or undertaken jointly by staff employed by us and freelance(s) and/or news and picture agencies engaged by us shall be deemed a joint work between us and the respective freelance(s) and/or said agencies.  Definitions“Commissioned contribution” means material created by you on the basis of a commission from us for transmission, publication or licensing by us. For the avoidance of doubt, in relation to pictures and video “commissioned contribution” includes the whole shoot and all negatives, transparencies, digital pictures, unused footage and other original material produced by the contributor during and/or as a result of the shoot.“Contribution” means material contributed to us - whether as a commissioned contribution or otherwise ordered in by or offered to us for publication, transmission or licensing by us. Contributions may appear in whole or in part in any size in any part of the licensed products in all sections, magazines and programmes thereof and supplements thereto including special or sponsored supplements without limitation on inside pages, front pages and covers, section covers and supplement covers, in galleries, individually or in sequence, in colour or in black and white.An “edition” means any print, electronic, audiovisual or digital version or any regional, national or international variation of a single issue of a licensed product and a “single issue” means each day’s, week’s, month’s or year’s (as applicable) new version of each licensed product.“WAPPP” means our digital network accessed via browsers or apps or any other means on any connected device and incorporating www.wappp.org or any affiliate or successor websites, digital/IPTV, RSS feeds, WAPPP social media presences and any other website, app, digital product, network or channel bearing our trademarks or brands.“Licensed products” means the following publications and products in their various languages made available by us on a free-to-consumer or charged for basis: all formats and editions (including but not limited to print, electronic, audio, audiovisual and digital products) of the WAPPP.org website, and all other WAPPP publications and products made available by us or licensed by us anywhere in the world.In the case of contributions commissioned or ordered in by WAPPP or their appointed agents on a “supported by” or “paid content/paid for by” basis, licensed products may include but not be limited to sponsored supplements, advertorials, branded print or website sections, microsites and interactives published by WAPPP, and in furtherance of the advertiser’s or funder’s campaign all media wholly-owned by or bearing the trademarks or brands of WAPPP’s client and/or funder(s) and/or their official “syndication” means the direct or indirect re-licensing to third parties in any language of material we have acquired for such purpose and/or published or broadcast in the licensed products and “syndicate” shall be construed accordingly. Under our syndication agreements, clients are permitted to integrate our content into their own platforms and products for agreed purposes which may include commercial, non-editorial purposes. Delivery of contributionsAll contributions should be filed electronically. Delivery instructions are set out below and in our confirmations. If electronic delivery is likely to be impractical, you should mention this to your commissioning editor.ConfidentialityYou undertake:

  • a) to treat confidentially all documents and all technical, commercial, financial and other information which is obtained from WAPPP in connection with this Agreement or with the negotiations leading up to it; and
  • b) not to disclose to any person, without the previous written consent of WAPPP, the existence of any term of this Agreement (other than terms already set out in the public domain by WAPPP), or the existence of any information about any dispute or disagreement between the parties; and
  • c) to disclose such documents and information to third parties only so far as it is necessary:
  • i) for the performance of this Agreement; and/or
  • ii) to your professional advisers; and/or

iii) as required by law.The obligations of confidentiality set out above shall not apply to any documents or information which you can show:

  • a) at the time of their acquisition were in, or at a later date have come into, the public domain, other than following a breach of this clause; or
  • b) you knew prior to first disclosure to you by WAPPP; or
  • c) you received independently from a third party with the full right to disclose.

WarrantiesYou hereby represent, warrant and undertake that:

  • a) You shall not at any time do anything to bring WAPPP’s brands, trademarks or reputation into disrepute; and
  • b) You are entitled to enter into this Agreement and you are not bound by any third party restriction not to do so, including, but not limited to, the right and authority to license the intellectual property rights in and the use of your contribution on the terms and conditions set forth in this Agreement; and
  • c) Your contribution shall be original and not copied wholly or materially from any other source, nor contain defamatory statements nor otherwise breach the privacy, confidentiality or other statutory or common law rights of any third-party; and
  • d) You shall observe the highest ethical standards in providing your contribution under this Agreement .

Status of contributors and suppliers as independent contractorsYou undertake any and all engagements under this Agreement as an independent contractor and on this basis

  • a) your agreement to provide contributions to WAPPP shall not be interpreted or construed to create an association, agency, joint venture, partnership or employer-employee relationship between you and us or to impose any liability attributable to such a relationship upon either party; and
  • b) you agree that you shall work from your own premises in providing services to WAPPP and shall provide all the necessary equipment and materials to enable you to fulfil the terms of your engagement.

For the avoidance of doubt, you are not a “worker” as defined under your local working time regulations, and therefore you acknowledge that the provisions in those regulations relating to hours of work, rest breaks and annual leave do not apply to you.You confirm for the purposes of your local taxes acts, or such other appropriate legislation, that you are a self-employed person in business in your own right and you shall be responsible for all tax liabilities arising in respect of your engagement under this Agreement, and shall yourself account to the appropriate authorities for all tax, insurance or similar contributions payable in respect of the provision of your services to WAPPP under this Agreement. You undertake to advise WAPPP immediately in writing in the event that your self-employed status is challenged by any taxing authority.In the event that WAPPP or any of its subsidiary, associated ventures becomes liable to account to any taxing authority anywhere in the world for any income tax, employee insurance or any other deduction or withholding required to be made by law (including any interest and/or penalties thereon) arising in respect of payments made or to be made to you, you undertake and agree to indemnify and hold harmless WAPPP and the associated venture against such tax/insurance and shall, at the written request of WAPPP, immediately pay WAPPP an amount equal to any tax/ insurance paid or payable by WAPPP or the associated venture to any taxing authority. WAPPP shall be entitled to set off an amount equal to any tax / insurance or any other deduction or withholding paid by WAPPP or its associated venture to any taxing authority against any monies otherwise payable to you.For the purpose of these clauses, “independent contractor” shall be interpreted (as appropriate) to include all engagements made with WAPPP or its associated venture. In such event, the rights of indemnity and disclosure equally shall apply.DisputesIn the event of a dispute between an individual freelance and WAPPP, a commercial mediator shall be nominated by the Swiss Chambers Arbitration Institution (SCAI) and attempt to resolve the matter amicably through a co-mediation or mediation in English. Should such a mediation not be successful within 60 days the matter shall be referred to the Courts of the Canton of Geneva, Switzerland.New contributorsIf you want to offer WAPPP a contribution you should consider which section of The PPP Times or WAPPP’s website is most likely to be interested. The commissioning editor may offer to “take a look” at your proposed contribution. This means that you are invited to submit it speculatively and you will be paid only if your contribution is published.Unless you are already an established contributor, it is most unlikely that the editor will “order” or commission a contribution from you.Please do not send pictures or artwork unless we request them. We do not accept responsibility for loss of unsolicited prints, transparencies, etc.Contributions should be sent to us electronically. Other methods are possible - but only in exceptional circumstances.We publish contributions from all freelances on our standard copyright terms and payment is at our normal rates, unless agreed otherwise before publication. Please note that the copyright and payment terms are different for commissioned contributions.The Agreement, subject to any other agreement to the contrary, was incorporated into WAPPP’s freelance contracts and commissions for written contributions effective 02 December 2018.  The design of WAPPP’s T’s & C’s for the supply of contributions is an adaptation from The Guardian’s T’s & C’s for freelance contributions. 

Latest News