Terms and Conditions
Standard terms for written Contributions
"Commissioned Contribution" means all original material created by you on the basis of a commission from us for transmission, publication or licensing by us.
"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.
"Syndication" means the direct or indirect re-licensing to third parties in English and other languages of material we have acquired for such purpose 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. Revenues can be but are not limited to subscription fees and where they can be attributed to individual items of content contributors shall receive a share of such revenues on a net basis.
"Spot Sales" means the sale or licence to third parties in English and other languages of individual items of content we have acquired for such purpose. We determine a licence fee for such reproduction, the licence being for agreed purposes which may include commercial, non-editorial purposes, and contributors normally receive a share of net receipts.
You grant to Abeng Media irrevocably and unconditionally the following rights and options to use, publish, transmit or license your Commissioned Contribution throughout the world for the full period of copyright in your Commissioned Contribution including all renewals, reversions, extensions and revivals of such period ("Licence").
All rights and options granted in this Licence are exclusive unless they are expressly identified as non-exclusive.
Subject to Abeng Media's terms on attributable revenues from Syndication and Spot Sales, our fees are inclusive of rights 1-5 below. The value of these rights is reviewed annually.
- Right to be the first publisher of your Commissioned Contribution in any medium anywhere in the world in any of our Licensed Products at our discretion.
- Non-exclusive right to use, store, publish or transmit your Commissioned Contribution in internal and External Archives and databases including but not limited to CD-ROMs and websites published by us and/or third party database and/or archive publishers.
- Right to authorise reprographic rights organisations in other jurisdictions ("RROs") to distribute or license the distribution of your Commissioned Contribution throughout the world for RROs' licensed acts and purposes as amended from time to time.
- Right to Syndicate your Commissioned Contribution for 3 months after first use in the Licensed Products and the non-exclusive right to Syndicate thereafter subject to payment to you of 50% of all net receipts paid to Abeng Media and attributable to your Commissioned Contribution.
- Right to make Spot Sales of your Commissioned Contribution for 3 months after first use in the Licensed Products and the non-exclusive right to make Spot Sales thereafter subject to payment to you of 50% of all net receipts paid to Abeng Media and attributable to your Commissioned Contribution.
- Provided that the exercise of such option shall be subject to further contract between you and Abeng Media, the option (a) to commission from you and publish a book (in any format including but not limited to printed, electronic and audio books) and/or dedicated app (and/or similar and/or related technology) on the subject matter of your Commissioned Contribution(s); and (b) to publish a collection of your Commissioned Contribution(s) where you are the sole author in book form (in any format including but not limited to printed, electronic and audio books) and/or as a dedicated app (and/or similar and/or related technology).
You may re-use your Commissioned Contribution during the term of the Licence, provided that Abeng Media is consulted and there is no conflict of interest. You agree to use your best endeavours to include an acknowledgement such as "First published by ..." and a link to media.abengnews.com.
For the avoidance of doubt, all rights of whatever nature (without limitation, copyright) throughout the world which you have in your Commissioned Contribution other than those you expressly grant to us under this Licence are retained by you.
All rights of whatever nature (without limitation, copyright) throughout the world in the column titles and names used in conjunction with your Commissioned Contribution shall reside with us.
We reserve the right as we see fit to edit your Commissioned Contribution and translate or authorise third-parties to translate the same into other languages.
You grant us permission to publish a photograph of you of our choosing in association with publication of your Commissioned Contribution and/or in relation to any other promotion or publicity of the same throughout the world.
For certain types of Commissioned Contribution - including but not limited to by-line pictures, page design features and commercial projects - we shall seek an assignment of copyright from you and shall issue appropriate documentation to you on such occasions.
You grant to Abeng Media irrevocably and unconditionally the following rights to use, publish, transmit or license your Contribution throughout the world for the full period of copyright in your Contribution including all renewals, reversions, extensions and revivals of such period ("Licence").
All rights granted in this Licence are non-exclusive unless they are expressly identified as exclusive.
Our fees are inclusive of rights 1-3 below. The value of these rights is reviewed periodically.
- (a) Exclusive right to syndicate your Contribution in North, Central and South America and the Caribbean, the United Kingdom and the European Union; and (b) the non-exclusive right to syndicate your Contribution throughout the rest of world.
- Right to use, store, publish or transmit your Contribution in internal archives and databases.
- Right to authorise reprographic rights organisations in other jurisdictions("RROs") to distribute or license the distribution of your Contribution throughout the world for RROs' licensed acts and purposes as amended from time to time.
All rights of whatever nature (without limitation, copyright) throughout the world which you have in your Contribution other than those you expressly grant to us under the Licence are retained by you.
All rights of whatever nature (without limitation, copyright) throughout the world in the column titles and names used in conjunction with your Contribution shall reside with us.
We reserve the right as we see fit to edit your Contribution and translate or authorise third-parties to translate the same into other languages.
You grant us permission to publish a photograph of you choosing in association with publication of your Contribution and/or in relation to any other promotion or publicity of the same throughout the world.
Terms of Agreement
PART I: THE WRITER’S OBLIGATIONS
1. TRUTHFULNESS AND ACCURACY
1.1 The Writer will not deliberately write a dishonest, plagiarized, or inaccurate statement into the manuscript. The Writer shall reveal any conflict of interest or possible conflict of interest to a representative of Abeng Media, hereinafter called Editor, upon receiving the assignment.
2.1 The Writer will be prepared to support all statements in the manuscript and to assist the checker in verifying statements of fact.
2.2 In stories involving trials, public hearings or other controversial subject matter, the Writer will try to check all sources against a transcript of the proceedings, if one is available.
3.1 The Writer shall alert the Editor to special circumstances regarding a story that could present legal risks to Abeng Media. In the case of a libel action, the Writer shall support Abeng Media morally and by appearing for the defence, if requested.
4.1 The Writer shall deliver a clean manuscript on or before the agreed deadline. If the Writer cannot meet the deadline, the Writer shall give the Editor reasonable notice in advance of the agreed deadline. The Writer may not set a new deadline without the Editor’s consent.
4.2 If the Writer fails to complete the assignment on deadline without the Editor’s consent to an extension, the Editor has the right to terminate this agreement and make no further payment to the Writer.
5.1 The Writer and Editor will discuss the content, style, revisions, focus, and point of view to be used in the manuscript. The Writer will then use his or her best efforts to write the article within the agreed parameters and will obtain the consent of the Editor before departing from any of them.
5.5 If the manuscript, as submitted, fails to fall within the agreed parameters, the Editor may require the Writer to revise the manuscript. The Writer and Editor will agree on the suitable time for making these revisions and any minor updates.
6.1 If delays in publication or changes in the circumstances surrounding a subject make extensive updating of a manuscript necessary, the Writer will update the manuscript, for a fee to be negotiated, if his or her other commitments permit.
6.2 If unable to update the manuscript, the Writer may either authorize the publication to update the manuscript, subject to Section 12, or may revert his or her rights to the manuscript.
7. EDITORIAL CHANGES
7.1 The Writer will be available for discussion and consultation during the editing process.
7.2 The Writer will notify the Editor in writing if, after reading the final edited version of the manuscript, he or she wishes to withdraw his or her name from the manuscript before its publication.
8.1 The Writer will not incur any expenses without prior consent of the Editor.
8.2 The Writer shall claim reimbursement for expenses and Abeng Media shall make such reimbursement within 30 days of the receipt of the Writer’s account of expenses.
PART II: THE PUBLICATION’S OBLIGATIONS
9.1 Abeng Media will respect any promises of confidentiality the Writer has made in the course of obtaining information.
10.1 Where advisable, Abeng Media will hire a lawyer to review the manuscript for libel implications.
10.2 In the case of a libel action, Abeng Media will morally support the Writer.
11.1 In requesting revisions to a manuscript, the Editor will give reasonable, detailed instructions as to the nature and extent of the required changes.
11.2 If the Editor requests revisions that involve significant departure from the previously agreed upon approach or treatment, the Writer may refuse to revise the manuscript and still be entitled to full payment. If the Writer agrees to do the revisions, he or she will be paid for the time spent rewriting at a rate or for a fee to be negotiated.
11.3 “Significant departures” include: (a) new research; (b) change of focus; (c) change of style; (d) change of opinion or point of view.
12.1 If the manuscript requires extensive updating for the reasons mentioned in Section 6, the Editor will offer the Writer first opportunity to do the updating.
12.2 Abeng Media will pay the Writer for updating at a rate to be negotiated.
13. EDITORIAL CHANGES
13.1 The Editor shall inform the Writer of changes in the edited version of the manuscript while there is still time to discuss and reach an agreement on such changes.
13.2 The Editor will give the Writer an opportunity to read the final edited version of the manuscript reasonably in advance of its publication.
13.3 Abeng Media must withdraw the Writer’s name for use in connection with the published article, if the Writer so notifies the Editor in writing.
14. ACCEPTANCE AND PAYMENT
14.1 The Editor will notify the Writer of his or her acceptance or rejection of the manuscript within 5 days of (a) delivery of the manuscript, or (b) the deadline, whichever is later; otherwise the manuscript shall be considered accepted by Abeng Media.
14.2 Abeng Media will pay the agreed fee to the Writer within 30 days of acceptance of the manuscript.
14.3 If for any reasons unrelated to the originally agreed upon requirements of the assignment, Abeng Media decides not to use the delivered manuscript, Abeng Media will pay the Writer the agreed fee in full.
14.4 If the manuscript is accepted by the Editor or another person with apparent authority to do so and is later considered to be unacceptable, Abeng Media will pay the Writer the agreed fee.
PART III: RIGHTS
15.1 The Writer retains the copyright in all manuscripts written under this agreement, whether or not an article is published.
15.2 Unless the parties agree otherwise in writing, this agreement licenses to Abeng Media only those rights indicated on the first page of this agreement. Abeng Media has the right to enter the manuscript into and retrieve the manuscript from a computerized information storage and retrieval system for the purpose of preparing the manuscript for publication, and syndicated distribution.
15.3 All rights not specifically licensed to Abeng Media remain the Writer’s exclusively. These rights may include reprint rights, electronic rights, photocopying and other reprography rights, and the right to enter the manuscript into or retrieve it from a computerized information storage and retrieval system for purposes other than publication under the terms of this agreement.
15.4 Where a manuscript is rejected, and in all other instances where the assignment is terminated prior to publication of the article, all rights revert to the Writer, who may submit the manuscript elsewhere for publication.
16. REVERSION OF RIGHTS
16.1 If Abeng Media accepts a manuscript but does not publish it within 12 months of acceptance, the Writer shall have the option to revert, by written notice, all rights licensed herein without penalty or cost.
16.2 If the assignment terminates prior to publication, all rights granted under this agreement shall revert to the Writer. Abeng Media may not publish the manuscript but may retain a copy only for the purposes of documenting the assignment.
Payments to freelancers/contributors
1. As an Independent Contractor, you agree to indemnify Abeng Media in respect of any claims from any taxing authorities relating to monies paid or payable to you by Abeng Media.
2. Abeng Media initiates payments to content suppliers. It is the policy of Abeng Media to make all payments on a self-billing basis and via electronic funds transfer facilities into a PayPal account designated by the supplier. All charges levied by PayPal or banks to process payments from Abeng Media shall be the liability of content suppliers without exception.
3. All new suppliers shall provide Abeng Media with the relevant PayPal account details. Suppliers that are US-based or who earn US-sourced income are required to comply with IRS guidelines. You should seek independent tax advice as necessary.
4. Suppliers shall be deemed to have entered into a self-billing agreement with Abeng Media for a period of 12 months from the date of their registering with the syndication service. The self-billing agreement shall renew thereafter for further periods of 12 months on receipt of successive self-billing invoices from Abeng Media.
5. It is in the supplier's interests to ensure that their payment details are kept current at all times in order to avoid unnecessary delays in making payments. Any difficulties over payment should be reported initially to Abeng Media firstname.lastname@example.org.
6. For all payment of fees in respect of contributions commissioned by Abeng Media agents, please follow instructions provided by the relevant agent.
7. Any deviations from Abeng Media's standard payment procedures are subject to prior approval of the service.
Definition of Self-billing invoice - A self billing invoice is when the buyer issues the invoice to himself (e.g. according to the consumption levels he is taking out of a vendor-managed inventory stock). The invoice is an account payable.
Fees are quoted in USD and apply to all freelance and contributor services unless you were commissioned on a no-fee basis.
Commissioned written Contributions
Wordage rate: $0.10 to $0.50 per word for features, $50 per opinion column.
Non-Commissioned written Contributions
Percentage of spot sales and subscriber download.
$20 per image.
Based on percentage of spot sales.
Percentage of spot sales and subscriber download.
Percentage of spot sales and subscriber download.
These Terms and Conditions may be amended from time to time and content providers notified of such changes..