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13th Jul 2010
Collaborating for culture - Birmingham's bid for UK City of Culture 2013
Over 60 local cultural organisations, many business groups and thousands of residents have come together – have collaborated – to produce a bid which embraces large scale infrastructure projects such as the new Birmingham library (opening in 2013) through to local neighbourhood events and festivals.
Added: 10 Aug 2010
Recently Birmingham City University Business School hosted an event on Britain’s Most Admired Companies annually featured in Management Today. The study of corporate reputation is led by Prof D Michael Brown and this year’s keynote speaker was Sir Terry Leahy Tesco CEO since 1997. He’s grown the turnover to 62.5bn and 3.5bn profit 48000 ...read more
Kinetic guide to blogging
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Case studies
"If every consultant worked like you - as in 'we'll do this and it will cost you that' and delivered on the 'this' for exactly 'that' - how much happier would business be." - want to know more?
Rob Murphy, operations director Living Fuels/REG BioPower
Rob Murphy, operations director Living Fuels/REG BioPower
Kinetic PR contractual terms and conditions
Each client relationship is different so please pay close attention to the terms and conditions in your contract.
Kinetic Communications - Terms and Conditions
1. Co-operation
The Consultancy will co-operate fully with the Client and take the initiative in offering advice and services. The Client agrees to assist the Consultancy in the performance of these duties by making available to the Consultancy all relevant information.
2. Consultancy Status
The Consultancy acts in all as a principal at law.
3. Exclusivity
The Consultancy will not represent conflicting or competing interests without prior agreement with the Client, who will also advise the Consultancy of any intention to engage or use internal or external consultancy services other than those already advised.
4. Operational Expenses and Bought in Materials and Services
The consultancy charges 10% of the fee to cover core unspecified operational expenses.
These are:
Telecommunications and faxes
Day-to-day postage, stationery and photocopying
Media distribution services
This is invoiced with the fee or may be included in the fee if so specified.
In addition, specific further operational expenses, bought in materials and services incurred on behalf of the Client, and relating to the programme will be invoiced, fully itemised, monthly in arrears.
These costs will include any of the following:
a. Accommodation and subsistence
b. Advertising artwork and mechanical items
c. Design, artwork and print
d. Direct mail
e. Entertainment
f. Evaluation
g. Exhibition and display material
h. Film production
i. Market research
j. Media monitoring (radio, television, press and online)
k. Messenger services
l. Newspapers and magazine subscriptions
m. Photocopying and stationery
n. Photography and prints
o. Postage, telephone and facsimile transmissions
p. Press material production and distribution
q. Special events, meetings, conferences
r. Travel
It is normal practice for all materials and services purchased from third party individuals, companies or organisations to be charged at cost plus a handling charge of 17.65%.
5. Approvals and Authority
After obtaining general approval of campaign or project plans, the Consultancy will submit to the Client for specific approval as required:
Draft press releases, articles, photographs and captions
Copy, layout, artwork and scripts
Cost estimates of bought in-services and goods in the programme over £500 in value.
Written or oral approval by the Client of drafts or proofs will be taken by the consultancy as authorization to proceed to publication, and such approval will be taken as authorization to enter into contracts with suppliers.
The Consultancy will take all reasonable steps to comply with any requests from the Client to amend, halt, reject or cancel work in preparation, insofar as this is possible within the terms of its contractual obligations to suppliers.
Amendments or cancellations will be implemented by the Consultancy only on the understanding that the Client will be responsible for any costs or expenses incurred prior to, or as a result of, the cancellation or amendment and which cannot be recovered by the Consultancy.
6. Copyright
The copyright in all artwork, copy and other work produced by or assigned to the Consultancy rests with the Consultancy, unless duly assigned under the Copyright Design and Patents Act 1988.
On payment by the Client of the relevant Consultancy fees and charges in full, any copyright lawfully assigned by subcontractors and their agents to the Consultancy and the Consultancy’s own copyright may be assigned to the Client, unless other arrangements are made.
7. Confidential Information
The Consultancy acknowledges its duty not to disclose without Client permission during or after the term of appointment, any confidential information.
The Client in turn acknowledges the Consultancy’s right to use any general intelligence regarding Client products or services gained during its appointment.
8. Insurance
Professional Indemnity
The Client shall indemnify, and keep indemnified, the Consultancy against any and all proceedings, claims, damages, losses, expenses or liabilities which the Consultancy may incur or sustain as a direct or indirect result of, or in connection with, any information, representation, reports, data or material supplied, prepared or specifically approved (as described in paragraph 5) by the Client, particularly in relation to proceedings under the Trade Descriptions Act 1968. Such material shall include press releases, articles, copy, scripts, artwork, detailed plans and programmes.
The Consultancy shall indemnify and keep indemnified the Client up to a limit of £500,000 against any and all proceedings, claims, damages, losses, expenses, or liabilities, which the Client may incur or sustain as a direct or indirect result of any claim by a third party resulting from any breach by the Consultancy of its obligations contained in this Agreement. Without prejudice to the generality of the foregoing the Consultancy accepts no liability for any loss of business, profits or contracts or for any special indirect or consequential loss or damage.
Client’s Property
Goods or information made available by the Client to the Consultancy for the purposes of demonstration or publicity, or for any other purposes arising from, or in connection with this agreement, shall be and at all times remain at the sole and entire risk of the Client, and the Consultancy shall not be the subject of any liability for it.
9. Disputes
In the event of a dispute between the Client and the Consultancy, and if it is the wish of both parties, the PRCA's Professional Practices Committee will examine any evidence provided and make recommendations for resolving the disagreement.
10. Payment in Foreign Currency
The Consultancy and the Client should note the need for clear agreement on terms when payment in foreign currency, or at any rates of exchange ruling at any given time, is involved.
11. Payment of Expenses
A fundamental principle on which the Consultancy/Client financial relationship is based is that, as principal at law, the Consultancy is held by suppliers as solely liable for payment.
It is therefore essential that the Consultancy is paid by the Client in good time to pay its suppliers. The Consultancy may implement a percentage interest charge for late payment of invoices - the industry standard for late payment is 2% per month.
12. Employment Poaching
It is agreed that neither the Consultancy nor the Client will offer employment to the employees of the aforesaid Consultancy or Client during the period of the contract or within 6 months of its cessation.
13. Unpaid Invoices
Invoices duly rendered and unpaid after three months will give the Consultancy the right to cancel the contract forthwith without prejudice to outstanding liabilities.
14. English Law
All contracts between the Client and the Consultancy will be governed by and construed in accordance with English Law.
15. Waiver
The failure by either the Client or the Consultancy to enforce at any time or for any period any one or more of the terms and conditions of any contract between them shall not be a waiver of them or of the right at any time thereafter to enforce all terms and conditions of that contract.
16. Force Majeure
Both the Client and the Consultancy will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties renders performance of any contract between them impossible, and whereupon all money due to either of the parties shall be paid immediately.
17. Kinetic Communications Professional Charter
The Consultancy has a duty to comply with the following Charter it provides all clients to define the qualifications and obligations of a public relations consultancy and its relations with its clients and sets out an accepted standard of professional practice.
1 PRINCIPLES
Kinetic Communications shall:
1.1 Have a positive duty to observe the highest standards in the practice of public relations. Furthermore Kinetic Communications has the responsibility at all times to deal fairly and honestly with clients, past and present as well as the public relations profession, other professions, suppliers, intermediaries, the media of communication, employees, and above all else the public.
1.2 Be expected to be aware of changes in the business environment to which it should adapt its code. We also have a duty to keep up to date with any best practice material.
1.3 Uphold this Charter such that if the Consultancy knowingly causes or permits its staff to act in a manner inconsistent with this Charter, it is party to such action and shall itself be deemed to be in breach of it and appropriate action taken.
Kinetic Communications undertakes to not:
1.4 Engage in any practice nor be seen to conduct itself in any manner detrimental to the reputation of the public relations profession.
2 CONDUCT TOWARDS THE PUBLIC, THE MEDIA AND OTHER PROFESSIONALS
Kinetic Communications undertakes to:
2.1 Conduct its professional activities with proper regard to the public interest.
2.2 Have a positive duty at all times to respect the truth and shall not disseminate false or misleading information knowingly or recklessly, and to use proper care to avoid doing so inadvertently.
2.3 Have a duty to ensure that the actual interest of any organisation with which it may be professionally concerned is adequately declared.
2.4 When working in association with other professionals, identify and respect the codes of these professions and shall not knowingly be party to any breach of such codes.
2.5 Will declare the names of all its directors, executives and retained consultants who hold public office, are members of either House of Parliament, are members of Local Authorities or of any statutory organisation or body in a Kinetic Communications register.
2.6 Honour confidences received or given in the course of professional activity.
2.7 Neither propose nor undertake any action which would constitute an improper influence on organs of government, or on legislation, or on the media of communication.
2.8 Neither offer nor give, nor cause a client to offer or give, any inducement to persons holding public office or members of any statutory body or organisation who are not directors, executives or retained consultants, with intent to further the interests of the client if such action is inconsistent with the public interest.
3 CONDUCT TOWARDS CLIENTS
Kinetic Communications shall:
3.1 Safeguard the confidence of both present and former clients and shall not disclose or use these confidences, to the disadvantage or prejudice of such clients or to the financial advantage of the Consultancy, unless the client has released such information for public use, or has given specific permission for its disclosure; except upon the order of a court of law.
3.2 Inform a client of any shareholding or financial interest held by that firm or any member of that firm in any company, firm or person whose services it recommends.
3.3 Be free to accept fees, commissions or other valuable considerations from persons other than a client, only provided such considerations are disclosed to the client.
3.4 Be free to negotiate with a client terms that take into account factors other than hours worked and seniority of staff involved. These special factors, which are also applied by other professional advisers, shall have regard to all the circumstances of the specific situation and in particular to:
a. The complexity of the issue, case, problem or assignment, and the difficulties associated with its completion.
b. The professional or specialised skills and the seniority levels of staff engaged, the time spent and the degree of responsibility involved.
c. The amount of documentation necessary to be perused or prepared, and its importance.
d. The place and circumstances where the assignment is carried out, in whole or in part.
e. The scope, scale and value of the task and its importance as an issue or project to the client.
Kinetic Communications shall not:
3.5 Misuse information regarding its client’s business for financial or other gain.
3.6 Use inside information for gain. Nor may a consultancy, it members or staff directly invest in their clients’ securities without the prior written permission of the client and of Kinetic's managing director or another director.
3.7 Serve a client under terms or conditions, which might impair its independence, objectivity or integrity.
3.8 Represent conflicting or competing interests without the express consent of clients concerned.
3.10 Guarantee the achievement of results, which are beyond the Consultancy's direct capacity to achieve or prevent.
3.11 Invite any employee of a client advised by the Consultancy to consider alternative employment; (an advertisement in the press is not considered to be an invitation to any particular person).
4 CONDUCT TOWARDS COLLEAGUES
Kinetic Communications shall:
4.1 Adhere to the highest standards of accuracy and truth, avoiding extravagant claims or unfair comparisons and giving credit for ideas and words borrowed from others.
4.2 Be free to represent its capabilities and services to any potential client, either on its own initiative or at the behest of the client, provided in so doing it does not seek to break any existing contract or detract from the reputation or capabilities of any competitor consultancy already serving that client.
Kinetic Communications shall not:
4.3 Injure the professional reputation or practice of any one of its competition.
5 DISCRIMINATORY CONDUCT
Kinetic Communications is required to take all reasonable care that professional duties are conducted without causing offence on the grounds of gender, race, religion, disability or any other form of discrimination or unacceptable reference.
6 NOTICE PERIOD
A suitable paid notice period will be agreed between the client and Kinetic Communications before the contract starts.
Kinetic Communications - Terms and Conditions
1. Co-operation
The Consultancy will co-operate fully with the Client and take the initiative in offering advice and services. The Client agrees to assist the Consultancy in the performance of these duties by making available to the Consultancy all relevant information.
2. Consultancy Status
The Consultancy acts in all as a principal at law.
3. Exclusivity
The Consultancy will not represent conflicting or competing interests without prior agreement with the Client, who will also advise the Consultancy of any intention to engage or use internal or external consultancy services other than those already advised.
4. Operational Expenses and Bought in Materials and Services
The consultancy charges 10% of the fee to cover core unspecified operational expenses.
These are:
Telecommunications and faxes
Day-to-day postage, stationery and photocopying
Media distribution services
This is invoiced with the fee or may be included in the fee if so specified.
In addition, specific further operational expenses, bought in materials and services incurred on behalf of the Client, and relating to the programme will be invoiced, fully itemised, monthly in arrears.
These costs will include any of the following:
a. Accommodation and subsistence
b. Advertising artwork and mechanical items
c. Design, artwork and print
d. Direct mail
e. Entertainment
f. Evaluation
g. Exhibition and display material
h. Film production
i. Market research
j. Media monitoring (radio, television, press and online)
k. Messenger services
l. Newspapers and magazine subscriptions
m. Photocopying and stationery
n. Photography and prints
o. Postage, telephone and facsimile transmissions
p. Press material production and distribution
q. Special events, meetings, conferences
r. Travel
It is normal practice for all materials and services purchased from third party individuals, companies or organisations to be charged at cost plus a handling charge of 17.65%.
5. Approvals and Authority
After obtaining general approval of campaign or project plans, the Consultancy will submit to the Client for specific approval as required:
Draft press releases, articles, photographs and captions
Copy, layout, artwork and scripts
Cost estimates of bought in-services and goods in the programme over £500 in value.
Written or oral approval by the Client of drafts or proofs will be taken by the consultancy as authorization to proceed to publication, and such approval will be taken as authorization to enter into contracts with suppliers.
The Consultancy will take all reasonable steps to comply with any requests from the Client to amend, halt, reject or cancel work in preparation, insofar as this is possible within the terms of its contractual obligations to suppliers.
Amendments or cancellations will be implemented by the Consultancy only on the understanding that the Client will be responsible for any costs or expenses incurred prior to, or as a result of, the cancellation or amendment and which cannot be recovered by the Consultancy.
6. Copyright
The copyright in all artwork, copy and other work produced by or assigned to the Consultancy rests with the Consultancy, unless duly assigned under the Copyright Design and Patents Act 1988.
On payment by the Client of the relevant Consultancy fees and charges in full, any copyright lawfully assigned by subcontractors and their agents to the Consultancy and the Consultancy’s own copyright may be assigned to the Client, unless other arrangements are made.
7. Confidential Information
The Consultancy acknowledges its duty not to disclose without Client permission during or after the term of appointment, any confidential information.
The Client in turn acknowledges the Consultancy’s right to use any general intelligence regarding Client products or services gained during its appointment.
8. Insurance
Professional Indemnity
The Client shall indemnify, and keep indemnified, the Consultancy against any and all proceedings, claims, damages, losses, expenses or liabilities which the Consultancy may incur or sustain as a direct or indirect result of, or in connection with, any information, representation, reports, data or material supplied, prepared or specifically approved (as described in paragraph 5) by the Client, particularly in relation to proceedings under the Trade Descriptions Act 1968. Such material shall include press releases, articles, copy, scripts, artwork, detailed plans and programmes.
The Consultancy shall indemnify and keep indemnified the Client up to a limit of £500,000 against any and all proceedings, claims, damages, losses, expenses, or liabilities, which the Client may incur or sustain as a direct or indirect result of any claim by a third party resulting from any breach by the Consultancy of its obligations contained in this Agreement. Without prejudice to the generality of the foregoing the Consultancy accepts no liability for any loss of business, profits or contracts or for any special indirect or consequential loss or damage.
Client’s Property
Goods or information made available by the Client to the Consultancy for the purposes of demonstration or publicity, or for any other purposes arising from, or in connection with this agreement, shall be and at all times remain at the sole and entire risk of the Client, and the Consultancy shall not be the subject of any liability for it.
9. Disputes
In the event of a dispute between the Client and the Consultancy, and if it is the wish of both parties, the PRCA's Professional Practices Committee will examine any evidence provided and make recommendations for resolving the disagreement.
10. Payment in Foreign Currency
The Consultancy and the Client should note the need for clear agreement on terms when payment in foreign currency, or at any rates of exchange ruling at any given time, is involved.
11. Payment of Expenses
A fundamental principle on which the Consultancy/Client financial relationship is based is that, as principal at law, the Consultancy is held by suppliers as solely liable for payment.
It is therefore essential that the Consultancy is paid by the Client in good time to pay its suppliers. The Consultancy may implement a percentage interest charge for late payment of invoices - the industry standard for late payment is 2% per month.
12. Employment Poaching
It is agreed that neither the Consultancy nor the Client will offer employment to the employees of the aforesaid Consultancy or Client during the period of the contract or within 6 months of its cessation.
13. Unpaid Invoices
Invoices duly rendered and unpaid after three months will give the Consultancy the right to cancel the contract forthwith without prejudice to outstanding liabilities.
14. English Law
All contracts between the Client and the Consultancy will be governed by and construed in accordance with English Law.
15. Waiver
The failure by either the Client or the Consultancy to enforce at any time or for any period any one or more of the terms and conditions of any contract between them shall not be a waiver of them or of the right at any time thereafter to enforce all terms and conditions of that contract.
16. Force Majeure
Both the Client and the Consultancy will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties renders performance of any contract between them impossible, and whereupon all money due to either of the parties shall be paid immediately.
17. Kinetic Communications Professional Charter
The Consultancy has a duty to comply with the following Charter it provides all clients to define the qualifications and obligations of a public relations consultancy and its relations with its clients and sets out an accepted standard of professional practice.
1 PRINCIPLES
Kinetic Communications shall:
1.1 Have a positive duty to observe the highest standards in the practice of public relations. Furthermore Kinetic Communications has the responsibility at all times to deal fairly and honestly with clients, past and present as well as the public relations profession, other professions, suppliers, intermediaries, the media of communication, employees, and above all else the public.
1.2 Be expected to be aware of changes in the business environment to which it should adapt its code. We also have a duty to keep up to date with any best practice material.
1.3 Uphold this Charter such that if the Consultancy knowingly causes or permits its staff to act in a manner inconsistent with this Charter, it is party to such action and shall itself be deemed to be in breach of it and appropriate action taken.
Kinetic Communications undertakes to not:
1.4 Engage in any practice nor be seen to conduct itself in any manner detrimental to the reputation of the public relations profession.
2 CONDUCT TOWARDS THE PUBLIC, THE MEDIA AND OTHER PROFESSIONALS
Kinetic Communications undertakes to:
2.1 Conduct its professional activities with proper regard to the public interest.
2.2 Have a positive duty at all times to respect the truth and shall not disseminate false or misleading information knowingly or recklessly, and to use proper care to avoid doing so inadvertently.
2.3 Have a duty to ensure that the actual interest of any organisation with which it may be professionally concerned is adequately declared.
2.4 When working in association with other professionals, identify and respect the codes of these professions and shall not knowingly be party to any breach of such codes.
2.5 Will declare the names of all its directors, executives and retained consultants who hold public office, are members of either House of Parliament, are members of Local Authorities or of any statutory organisation or body in a Kinetic Communications register.
2.6 Honour confidences received or given in the course of professional activity.
2.7 Neither propose nor undertake any action which would constitute an improper influence on organs of government, or on legislation, or on the media of communication.
2.8 Neither offer nor give, nor cause a client to offer or give, any inducement to persons holding public office or members of any statutory body or organisation who are not directors, executives or retained consultants, with intent to further the interests of the client if such action is inconsistent with the public interest.
3 CONDUCT TOWARDS CLIENTS
Kinetic Communications shall:
3.1 Safeguard the confidence of both present and former clients and shall not disclose or use these confidences, to the disadvantage or prejudice of such clients or to the financial advantage of the Consultancy, unless the client has released such information for public use, or has given specific permission for its disclosure; except upon the order of a court of law.
3.2 Inform a client of any shareholding or financial interest held by that firm or any member of that firm in any company, firm or person whose services it recommends.
3.3 Be free to accept fees, commissions or other valuable considerations from persons other than a client, only provided such considerations are disclosed to the client.
3.4 Be free to negotiate with a client terms that take into account factors other than hours worked and seniority of staff involved. These special factors, which are also applied by other professional advisers, shall have regard to all the circumstances of the specific situation and in particular to:
a. The complexity of the issue, case, problem or assignment, and the difficulties associated with its completion.
b. The professional or specialised skills and the seniority levels of staff engaged, the time spent and the degree of responsibility involved.
c. The amount of documentation necessary to be perused or prepared, and its importance.
d. The place and circumstances where the assignment is carried out, in whole or in part.
e. The scope, scale and value of the task and its importance as an issue or project to the client.
Kinetic Communications shall not:
3.5 Misuse information regarding its client’s business for financial or other gain.
3.6 Use inside information for gain. Nor may a consultancy, it members or staff directly invest in their clients’ securities without the prior written permission of the client and of Kinetic's managing director or another director.
3.7 Serve a client under terms or conditions, which might impair its independence, objectivity or integrity.
3.8 Represent conflicting or competing interests without the express consent of clients concerned.
3.10 Guarantee the achievement of results, which are beyond the Consultancy's direct capacity to achieve or prevent.
3.11 Invite any employee of a client advised by the Consultancy to consider alternative employment; (an advertisement in the press is not considered to be an invitation to any particular person).
4 CONDUCT TOWARDS COLLEAGUES
Kinetic Communications shall:
4.1 Adhere to the highest standards of accuracy and truth, avoiding extravagant claims or unfair comparisons and giving credit for ideas and words borrowed from others.
4.2 Be free to represent its capabilities and services to any potential client, either on its own initiative or at the behest of the client, provided in so doing it does not seek to break any existing contract or detract from the reputation or capabilities of any competitor consultancy already serving that client.
Kinetic Communications shall not:
4.3 Injure the professional reputation or practice of any one of its competition.
5 DISCRIMINATORY CONDUCT
Kinetic Communications is required to take all reasonable care that professional duties are conducted without causing offence on the grounds of gender, race, religion, disability or any other form of discrimination or unacceptable reference.
6 NOTICE PERIOD
A suitable paid notice period will be agreed between the client and Kinetic Communications before the contract starts.