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Terms & Conditions

1. Definitions 1.1 In these conditions the following words have the following meanings unless the context requires otherwise: "Contract” means any contract between You and Us incorporating these conditions for the provision of the Services; “Deposit” means a partial payment of 50% of the Fee for the Services made by You at the time of acceptance of an Order by Us; “Fee” means the sum of money which includes the Deposit and is quoted by Us as payable by You for the provision of the Services and is exclusive of VAT; "Field Of Use" means marketing, copywriting and public relations for news releases, promotional materials and other ancillary publications and promotional work; "Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; "Publication" means any form of copy written by Us which is to be produced and utilised in the performance of the Services including but not limited to marketing materials, press releases, feature articles, trade and lifestyle publications, brochures and newsletters, in-house publications and books and manuscripts; “Purchase Order” means our official stationery used by You to place an Order with Us to perform the Services; "Services" means the work to be performed by Us for You including the development and enhancement of public relations and the writing of copy in various forms of Publication; "We, Us, Our" means Sookias Media, Torrington House, 75 Branston Road, Burton on Trent, DE14 3BY "You, Your, Yourself" means the person whose order for Services is accepted by Us.

2. Basis of Contract  2.1 These conditions shall govern the agreement between You and Us to the exclusion of any other terms or conditions.2.2 Orders placed by You leading to a contract which is not expressed to be subject to these conditions shall still be subject to them.2.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You.2.4 No variation of these conditions shall be binding on Us unless contained in Our quotation or agreed in writing between You and one of Our Authorised Representatives.2.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Services unless confirmed by Us in writing.2.6 No oral warranties or representations shall bind Us (unless given by one of Our authorised representatives).2.7 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

3. Orders and Contract 3.1 Proposals are not binding or capable of acceptance and are estimates only (unless stated otherwise) and shall be available for acceptance for a period of 30 days.  Proposals may be withdrawn by Us at any time during this period by oral or written notice. 3.2 We shall have the right to refuse to accept any orders placed for Services. 3.3 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract. 3.4 The Contract between You and Us shall come into effect on Our acceptance of Your order. 3.5 No order for Services shall be deemed accepted by Us until confirmed in writing by Our Authorised Representative. 3.6 If You cancel this Contract for any reason You shall have no further recourse against Us under this Contract.

4. Delivery and Performance 4.1 Dates for performance and/or delivery are estimates only and are not guaranteed. Time is no of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control. 4.2 We will use Our reasonable endeavours to ensure performance and/or delivery on the dates specified. 4.3 Where Services are to be performed in stages, each separate stage shall constitute a separate and distinct contract and failure by Us to perform the Services, or any claim by You in respect of, any stage shall not entitle You to repudiate and/or terminate this Contract as a whole. 4.4 You shall have no right to reject Services and shall have no right to rescind for late performance unless: 4.4.1 the due date for performance and/or delivery has passed; and,  4.4.2 You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with; and, 4.4.3 Our late performance and/or delivery is not as a result of Your failure to provide Us with the requisite information and/or specification within the timescales agreed between the parties upon Our acceptance of Your order. 4.5 We shall not be required to fulfil orders for Services in the sequence in which they are placed. 4.6 You shall procure during normal working hours that Our employees, subcontractors and/or agents shall have free rights of access to the premises where the Services are to be performed for the purpose of performing the Services. 4.7 If You refuse to allow performance of the Services we shall be entitled to withhold performance of any other Services and to treat this Contract as repudiated by You and shall have the right to rescind this Contract.

5. Postponement 5.1 We will use Our reasonable endeavours to comply with reasonable requests by You for postponement of performance of the Services but shall be under no obligation to do so. 5.2 Where performance of the Services is postponed at Your request then You shall pay all Our costs and expenses incurred as a result including reasonable charges for storage, transportation and insurance. In addition You shall be obliged to pay for the Services as if performance had not been postponed.

6. Fees and Payment 6.1 The Fees for the Services shall be as quoted to You at the date of the acceptance of the order. The Fee shall be paid after deduction of any agreed discount and/or inclusion of any additional costs incurred pursuant to clause 8.1 6.2 We may increase Our fees in relation to the Services which We have agreed to supply where the increase is to take account of increases in costs, expenses and/or materials suffered by Us. 6.3 You will be informed in writing by Us of any increases in fees for the Services not less than 30 days before such increase takes effect. 6.4 You may cancel without Liability any Contract in relation to which the fee is to be increased provided that the notice of cancellation is received by Us before the price increase becomes effective. 6.5 If You do not cancel the Contract for the provision Services within the specified time period then the fee increase shall take effect for the Services ordered by You. 6.6 Our fees are exclusive of any applicable VAT for which You shall additionally be liable. 6.7 Any payments due to Us shall be payable by You in accordance with clause 6.8 in cash or cleared funds. Time for payment shall be of the essence. 6.8 You shall, in accordance with clause 6.7 and at Our sole discretion pay: 6.8.1a non refundable Deposit to Us for the provision of the Services upon Our acceptance of Your Order; and 6.8.2 the balance of the Fee quoted by Us within 14 days of the date of invoice; or 6.8.3 the full Fee quoted by Us within 14 days of the date of invoice. 6.9 If You fail to make any payment in full on the due date We may charge You any reasonable additional administration costs and/or interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate from time to time of Our bank. Such interest shall be compounded with monthly rests. 6.10 Any monies received by Us from You may be applied by Us at Our option against any additional administrative costs and/or interest charged prior to application against any principal sums due from You against which it may be applied in any order. 6.11 We shall be entitled to invoice each stage of the Services separately. 6.12 If any sum of money shall be overpaid by You to Us, then this amount shall be refunded by Us within a reasonable period of Us receiving notification from You of the overpayment in writing. 6.13 You shall pay all sums due to Us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies. 6.14 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding. 6.15 We shall be entitled to render an invoice to You at any stage during performance of the Services.  6.16 If payment in full is not made to Us when due then We may withhold or suspend future or current performance of the Services and performance under any other agreement with You. 6.17If any Services are cancelled or this Contract terminated or performance is suspended before completion of the Services, We shall be entitled to be paid on a quantum meruit basis for that part of the Services performed. We may invoice You accordingly and such monies shall be immediately due for payment.

7. Cancellation 7.1 You may cancel the performance of the Services at any time up to 14 days before the due date for performance, on condition that We shall have no Liability to You in relation to any Contract cancelled in accordance with this clause. 7.2 If You purport to cancel this Contract later than the above time limits and/or refuse to accept performance of ordered Services You will indemnify and keep Us indemnified against any and all lost profits, costs (including increased administration costs and legal costs on a full indemnity basis), expenses, damages and any other loss and/or Liability suffered by Us as a result.

8. Specification 8.1 Any specification supplied by Us to You shall only be approximate unless stated on Our quotation or agreed in writing. 8.2 The quantity, quality, description and/or specification for the Services shall be that set out in the Purchase Order (if agreed by Us). 8.3 You are responsible for checking the quotation and satisfying Yourself that any specification given is accurate and adequate for the Service 8.4 If there is an error in the specification made by Us for You then, where that error is material and it has been relied upon by You, You may cancel that part of this Contract which is affected by the error without Liability due to the cancellation. 8.5 You shall be responsible for providing Us with any specification, details and/or information to be included in the content of Your Publication produced by Us for You in accordance with this Contract. 8.6 We shall have no Liability for errors in any specification or details supplied by You and You are solely responsible for their accuracy. 8.7 Details and/or specifications in Our brochures and price lists are intended as a guide only and only give a general approximation of the Services. 8.8 You confirm and agree that You have not relied upon the details and information contained in Our brochure unless You have sought and obtained written confirmation from Us of their accuracy. 8.9 You agree to indemnify and keep indemnified Us on the terms set out in clause 14.1. 8.10 We reserve the right to make changes to the specification of the Services as required from time to time by law, provided that they do not have a material adverse effect on the quality and performance of the Services. 8.11If We do make changes to the specification of the Services which have a material adverse effect then You shall have the right to cancel the Contract without Liability.

9. Intellectual Property Rights and Confidentiality 9.1 You shall not alter, remove, or tamper with any trade marks used on or in relation to the Services.

9.2 On condition that We are paid in full by You, all intellectual property rights (including without limitation all patents, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) skilland/or know-how and other similar rights, whether existing now and/or in the future, wherever existing in the world together with the right to apply for protection of the same) arising from the services shall be passed to You provided that payment is received by Us in accordance with clauses 6.7 and 6.8. 9.3 You agree that, at Your cost, You will do all acts and/or things and execute all documents and/or deeds which are necessary or desirable to give effect to clause 9.2 above and/or to assist You in the application, registration, renewal and/or protection of such intellectual property rights. 9.4 We grant to You a non-exclusive royalty-free perpetual licence to use within the Field of Use all intellectual property rights owned by Us which arise solely from the Services except that We shall be entitled to use such intellectual property rights in the Field of Use for conducting other research and/or design projects for Our other customers and Our own marketing and sales campaigns (provided that We shall not be able to licence any other of Our customers to use any such intellectual property rights in the Field of Use). 9.5 We shall be free to utilise for the benefit of Our other customers any skill and/or know-how that We may develop or acquire in the performance of the Services. 9.6 You agree that You will keep confidential and not use except for purposes contemplated by this Contract, all information relating to the Services and all confidential business information regarding Us, which may be disclosed to You or which You may learn except where such information is public knowledge or is required to be disclosed by law.

10. Property And Risk 10.1 Risk in the design, wording and layout of a Publication shall pass to You at the time of delivery.  Delivery shall be deemed to occur: 10.1.1when you have provided Your approval to the final version of the Publication; and/or, 10.1.2 7 days following completion of the Services if You do not provide Us with feedback requesting an amendment and/or alteration to the Publication. 10.2 We shall retain title and ownership of the Publication until We have received payment in full in cash or cleared funds of all sums due and/or owing for all Services supplied to You by Us under this Contract and any other agreement between Us and You.

11. Default 11.1 If You:-11.1.1 fail to make any payment to Us when due; 11.1.2 breach the terms of this Contract and, if the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; 11.1.3 persistently breach any one or more terms of this Contract; 11.1.4 cease or threaten to cease to carry on business, or propose to compound with Your creditors, apply for an interim order under Section 252 Insolvency Act 1986 or have a Bankruptcy Petition presented against You, enter into voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver appointed over all or any of Your assets, or take or suffer any similar action in any jurisdiction; 11.1.5 appear to Us due to Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or 11.1.6 appear reasonably to Us to be about to suffer any of the above events; then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 11.2 below.11.2 If any of the events set out in clause 11.1 above occurs in relation to You then: 11.2.1 We may withhold the performance of any Services and cease any Services in progress;11.2.2 We may cancel, terminate and/or suspend without Liability to You any agreement with You; and/or 11.2.3 all monies owed by You to Us shall forthwith become due and payable.11.3 We shall have a lien over all property or goods belonging to You which may be in Our possession in respect of all sums due from You to Us.11.4 Upon the termination of the Contract for any reason if any monies due to Us from You have not been paid within 14 days of the due date We may sell any property or goods over which We have a lien in accordance with clause 11.3 above (and You agree that We may give good title for such property and/or goods) and shall apply the proceeds of sale firstly in discharging any costs or expenses of sale, secondly in repaying any interest owed by You to Us, thirdly in payment of any principal sums owed to Us and fourthly We shall account to You for the remainder (if any).

12. Amendments and Re-performance 12.1 We will at Our option either refund the price, amend a Publication free of charge or re-perform any defective Services where the defect is apparent on inspection provided that the defect is notified to Us within 14 working days of performance of the Services.12.2 We shall have the right, upon Our request and where reasonable, to inspect the subject-matter of any allegedly defective Services at a mutually convenient time, and We will not have any Liability for defective Services until We have been allowed to make such inspection. 12.3 We may at Our sole discretion, amend a Publication free of charge, re-perform or refund the Fee for defective Services which are not notified to Us within the specified time limit where in Our opinion the defect would not have been ascertainable on inspection and has been notified to Us as soon as reasonably practicable.

13. Limitations On Liability 13.1 We shall have no Liability for defective Services where the defect has been caused or contributed to by You to the extent so contributed, including but not limited to Your choice of editorial or promotional event. 13.2 We shall be under no Liability in respect of any defect in the Services arising from any drawing, design or specification supplied by You. 13.3 We shall have no Liability to You if the price for the Services has not been paid in full by the due date for payment.13.4 We shall have no Liability to You for defective Services unless the event is notified to Us within the appropriate time limit set out in this Contract. 13.5 We shall have no liability to You for the obstruction of mail shots and/or email campaigns by potential recipients and/or any third party. 13.6 We shall have no liability to You for Our use of any improper or deficient data supplied by You to Us for use in a mail shot and/or email campaign. 13.7 We shall have no Liability for damage, loss, liability, claims, costs or expenses caused or contributed to by Your continued use of defective Services after a defect has become apparent or suspected or should reasonably have become apparent to You. 13.8 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You. 13.9 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how the loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.13.10 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us. 13.11 We shall have no Liability for any matters which are outside Our reasonable control 13.12 We shall have no Liability to You for any:- 13.12.1 consequential or pure financial losses; 13.12.2 loss of profits and/or damage to goodwill or reputation;13.12.3 economic and/or other similar losses;13.12.4 special damages and indirect losses; and/or 13.12.5 business interruption, loss of business, contracts, opportunity and/or production. 13.13 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer. 13.14 Our total Liability to You in relation to any one claim or incident shall not exceed  £{}. To the extent that any of Our Liability to You would be met by any insurance of Ours then Our Liability shall be extended to the extent that such Liability is met by such insurance. 13.15 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:13.15.1 Liability for breach of contract;13.15.2 Liability in tort (including negligence);13.15.3 Liability for breach of statutory duty; and 13.15.4 Liability for breach of Common Law. except clause 13.14 above which shall apply once only in respect of all the said types of Liability. 13.16 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other liability which it is not permitted to exclude or limit as a matter of law.13.17 All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.13.18 Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect. 13.19 The limitations in this Contract are necessary in order to allow Us to provide the Services at Our current prices.13.20 If You require greater protection then We will agree to modify the limitations and extend Our guarantees in return for the payment of a higher price for the Services.

14. General 14.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from or due to any breach of contract, any tortious act and/or omission, any breach of statutory duty by You, and/or liabilities arising out of Our use of Your text, research, drawings, specifications  and/or any other details supplied by You. 14.2 No waiver by Us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. 14.3 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. 14.4 We shall have no Liability to You for any delay in performance of this Contract (other than in relation to payment) to the extent that such delay is due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.14.5 You shall not assign Your interest in the Contract (or any part) without Our written consent. 14.6 All third party rights are excluded and no third party shall have any right to enforce this Contract. This shall not apply to members of Our group from time to time who shall, subject to Our consent, have the right to enforce this Contract as if they were Us. Any right of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties to this Contract without the consent of such third party. 14.7 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts. 14.8 If any dispute or difference shall arise between the parties as to the meaning of this Contract or any matter or thing arising out of or connected with this Contract then it shall be referred to the determination of an arbitrator to be appointed by agreement of the other parties or (in default of agreement within 21 days of the service upon one party of a written request to concur in such appointment) by the President for the time being of the Chartered Institute of Arbitrators.


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Hannah Sookias

Hannah’s experience working with both global and locally-based companies provides SMEs with creative ideas mixed with level-headed business sense.