Commissioning terms and conditions
Commissioning terms and conditions
By accepting a commission or payment from us, you agree that you are an independent contractor (and not an employee, agent or partner) and that we may issue self-billed invoices on your behalf and pay you by BACS. If you are VAT registered, please provide your VAT certificate and keep TMGH up to date of any changes to your VAT registration status.
We will pay you (a) 100% of the agreed fee for any commissioned work (“Work”) which we have used; (b) 50% of the agreed fee for any Work you provide but we do not to use; and (c) 50% of net identifiable syndication profits received by us for any Work which we syndicate as an individual item (for clarity, this means where a third party has requested a specific individual piece of Work. We will not account to you where pieces of Work form part of a larger bulk content provision made available by us to third parties). Please send your “request for payment” to the commissioning editor.
You will retain all copyright in all Work. For the agreed fee, you grant us an irrevocable, perpetual, assignable, sub-licensable, royalty free, worldwide licence to use, copy, store, print, publish, display, reproduce, distribute and exploit the Work (including adaptations, abstracts, excerpts, extracts and summaries) in our or our affiliates’ publications and platforms including but not limited to: the Telegraph websites (meaning www.telegraph.co.uk; any sub-domains of www.telegraph.co.uk; and any such other url operated or owned by TMG now known or in the future); any and all Telegraph mobile applications (meaning any mobile application or computer programme created, operated or owned by TMG now known or in the future), Telegraph social media channels and any and all other platforms and publications owned or operated by TMG in whatever medium now known or in the future, including electronic, digital audio and/or visual form.
We can also sub-licence our rights, including (without limitation) to owners of databanks and NLA Media Access for storage, copying, republication and redistribution to third parties for further storage, copying, publication and distribution in any medium on a non-exclusive basis. The licence shall be exclusive to us from the date of creation until 90 days following publication by us of the Work. You warrant that the Work is original and all relevant third party clearances have been obtained and that all work that you do or provide to TMG is undertaken in compliance with the IPSO Editors' Code of Practice, our own Editor’s Code of Conduct and our Anti-Bribery & Corruption Policy. If requested, you will co-operate and reasonably assist us in responding to any complaints or legal claims arising from your assignment.
HMRC IR35 legislation requires you to inform us if you are operating via a limited company or partnership. If this is the case, and you have not so far informed us, please click on this link to request an IR35 Status Determination. Failure to do this may impact future payments.