VERSION 3

LAST UPDATED: 9 April 2024. VIEW: Capacity project clauses and revision of anti-abuse policy to include the company's actions and scope of legal remedies if required

Himmat Media [herein referred interchangeably with “the Company,” “Website” or “the Site”] is an online publishing platform and marketing service that releases works of global community members through a decolonised, feminist lens.

Often times, this can include opinions, facts, and interpretations that are subjective to the writer. Himmat Media cannot claim responsibility for the response to content produced on the website by our audiences. We will never condone misogyny, hate speech, elitism, racism, classism, casteism, transphobia, any form of supremeism including religious or national supremeism, homophobia or otherwise.

Our Values

HIMMAT MEDIA is a digital marketing & creative agency, creative incubator, production company, media outlet, and community hub. We emerged out of a need for intersectional, contemporary, socially responsible discourse and entertainment media. As such, our values include:

• inclusivity

• empathy

• respectful curiosity

• professionalism

• unconditional love for the collective

• creative consciousness

• uncensored, raw, expressive exhibition to allow for critical reflection and commentary to emerge

PROFESSIONAL DISCLAIMER FOR WEBSITE

The Company cannot and does not contain medical, legal, fitness, health or other advice. All information is provided for general informational and educational purposes only and is not a substitute for professional advice.

Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of advice. The use or reliance of any information contained on this site [or our mobile website] is solely at your own risk.

PROFESSIONAL Conduct Clause for Capacity Projects

All individuals engaged in our Capacity Projects are trained and expected to adhere to the highest standards of professional conduct. While Himmat Media serves as a platform for social inquiry and provides mentorship and guidance under our Capacity Projects, it does not assume liability for situations where the internal team, specifically the Director, is not present. It is the responsibility of all team members to conduct themselves ethically and in accordance with applicable laws and regulations at all times.

Interviewee Consent for Recording [Written, Audio, Visual]

By participating in interviews or sharing personal stories for our various projects, individuals consent to being recorded and understand that their stories may be used for the purposes of documentation, research, or publication by Himmat Media. We respect the privacy and confidentiality of our interviewees and will ensure that their identities are protected unless explicit consent is provided for disclosure. Participants reserve the right to withdraw their consent for recording at any time during the interview process.

All interviews gone through Himmat Media’s Capacity Project programme are pre-consented to through written agreement in a Consent Form, which is sent to each individual as well as kept within Himmat Media’s internal records for at least 5 years from the interview date.

Payment Clause

We work hard to provide our clients and partners with the best possible digital marketing, graphic design, and print services. Our payment models include flat fee rates, instalments, and mutual aid options.

Upon the receipt of an invoice from a contractor, Himmat Media’s policy is to match the contract’s payment policy. If there is no payment policy in place for the contractor, Himmat Media is liable to pay out the invoice in entirety, or within agreed instalments in no more than 15 business days from the date the invoice is sent to Himmat Media via electronic communication. Himmat Media does not accept invoices sent through postal mail due to the unpredictability of receipt through postal mail.

LATE Payment Clause

HIMMAT MEDIA’s Payment Policy is to receive full payment detailed on the invoice in no more than 5 business days from the invoice date. Late payments incur a 5% per day fee of the total amount on the invoice at the client’s own risk.

failure to pay clause

Suspension of Services: If Client fails to make payment within 30 days from the due date, HIMMAT MEDIA may, at its discretion, suspend the provision of services until payment is received in full, without any liability for such suspension.

Collection Costs: In the event of non-payment, Client shall be responsible for all costs and expenses incurred by HIMMAT MEDIA in the collection of overdue amounts, including but not limited to reasonable attorney fees and court costs.

Ownership and Termination: In the event of non-payment for 30 days from the due date, HIMMAT MEDIA shall retain ownership of all work, materials, and deliverables provided to the Client until payment is received in full. HIMMAT MEDIA reserves the right to terminate the agreement if payment remains outstanding for 45 days or more.

Reputation and References: In the event of non-payment, if the Client engages in conduct that is uncooperative, disruptive, or otherwise detrimental to the working relationship, HIMMAT MEDIA reserves the right to publicly disclose the Client's failure to fulfill contractual obligations, which may negatively impact the Client's reputation. HIMMAT MEDIA may also use legal means to collect the outstanding debt, which may further tarnish the Client's reputation.

Credit Reporting: HIMMAT MEDIA may report delinquent accounts to credit reporting agencies and business bureaus, which could negatively affect the Client's credit score and overall reputability.

ANTI-ABUSE POLICY

Himmat Media has a zero tolerance policy against abuse. The Government of Canada’s Employment and Social Development Department defines abuse as:

• aggressive or threatening behaviour, including verbal threats or abuse in person or in an online setting [social media, articles, forums, email communications and other online settings]

• physical assault

• spreading malicious rumours or gossip about an individual or a group

• socially excluding or isolating someone

• damaging, hiding or stealing someone’s personal belongings or work equipment

• persistently criticizing, undermining, belittling, demeaning or ridiculing someone

• swearing at someone or using inappropriate language toward them

• using the Internet to harass, threaten or maliciously embarrass someone

• using the Internet to make sexual threats, or to harass or exploit someone sexually

• abusing authority by publicly ridiculing or disciplining a subordinate

• abusing authority by interfering with a subordinate’s performance or job (for example, blocking applications for leave, training or promotion in an arbitrary manner)

• abusing authority by soliciting a sexual or romantic relationship from a subordinate, or making social invitations with sexual overtones to a subordinate

• making abusive or derogatory remarks or jokes about someone’s gender, gender identity or gender expression, sex or sexual orientation (for example, homophobic remarks)

• sexual touching (for example, patting, pinching, caressing, kissing, fondling)

• sexual invitations or requests in return for a promise of a reward (such as a promotion)

• displaying offensive posters, cartoons or images of a sexual nature

• sending inappropriate electronic communications (for example, sexually explicit emails)

• domestic violence (also called intimate partner violence, domestic abuse or relationship abuse) is a workplace hazard when it occurs in the workplace (it puts the targeted worker at risk and may pose a threat to coworkers) (source).

For relevance, the Company’s policy specifically addresses mental, physical and verbal abuse – including persistently criticising, undermining, belittling, demeaning or ridiculing someone, uttering and writing acts of violence, making abusive and derogatory remarks, using the Internet to harass, threaten or maliciously embarrass someone, spreading malicious rumours or gossip about an individual or a group, aggressive or threatening behaviour, including verbal threats or abuse, deliberately isolating someone, disrespecting professional boundaries, doxxing, stereotyping, labelling, slandering and any forms of harassment including written, verbal, physical and online harassment and bullying. All of these conditions can be in person or in online settings. We strongly believe in the principles of reconciliation and open, honest, communication, all of which spearhead our internal anti-abuse process.

However, if such tactics are not able to achieve a resolution, the management team at Himmat Media has the full and complete authority to remove such persons and their work from the Company and choose not to work with individuals, organisations or groups who actively perpetuate these harms. This decision is strictly based on the person in question’s receptivity and depends on the situation, the calculated likelihood of another occurrence by a third-party mediator, and a three-strike internal rule.

HIMMAT MEDIA’s internal anti-abuse policy and resolution process is extensive and delineated for management and leadership and employees. The Company’s anti-abuse policy includes the involvement of all individuals in management and leadership positions, employees, writers, external contractors and clients. It includes providing support measures and recourse for persons involved, as well as guaranteed privacy about the matter [unless the persons in question choose to publicly share the occurrence willingly on a public platform or otherwise, of which the Company is not liable for the occurrence thereof nor to address in any manner whatsoever].

It is HIMMAT MEDIA’s utmost goal to “commit… to prevent and protect employees against harassment and violence“ (source). As such, the Company takes every professional measure possible to be flexible, fair, yet, competent in actioning its anti-abuse policy to ensure the safety of all team members, writers, and clients. The inability for this reciprocation by individuals displaying problematic behaviour that falls directly under the definitions above does not fall under the scope of Himmat Media’s liability as an organisation, entity or company. All actions under Himmat Media would include immediately terminating The Company’s relationship with the allegedly abusive party, revoking all access to internal communications and data. Legal action will only be taken with careful consideration of defamation and if deemed necessary by a third-party mediator and The Company’s internal team.

We will never disclose intimate details of conversations with problematic clients/partners/writers, no matter how harmful the behaviours have been unless required by law enforcement, and as a result, have a complete understanding of the risk of misconstrued, twisted narratives that can develop in consequence of taking action against harms caused by problematic individuals who fail to take accountability for their own actions and rectify them.

We will also never reach out to problematic individuals who have associated with Himmat Media or any of its past renditions to bully, harass, malign, or cause harm in any way. We will never, and have never communicate[d] with problematic individuals to further perpetuate harms caused.

You are encouraged to reach out to us at jagreet@himmat.media for more information on this matter and this policy.

PLAGIARISM CLAUSE

Plagiarism: defined as the appropriation or practice of using the work of another person, or contents of another body of work or images online or in print media without permission, citation or hyperlinking the source of the original content.

In no way, shape or form does Himmat Media condone plagiarism. Himmat Media’s editing team does its utmost diligence in fact checking and verifying sources of the content produced and released through our channels. However, through human error, Himmat Media’s editorial team may fail to recognise when plagiarism has occurred by an external writer whose content we released through our channels. In these cases, Himmat Media takes full responsibility and will take down such work promptly, without the notice of the writer in question.

Plagiarism is considered a highly offensive and serious act at Himmat Media. Consequences of plagiarism include being removed from the team indefinitely and can include being banned from the organisation in entirety should the writer’s conduct deem to be harmful enough to do so. Himmat Media’s editorial team is not responsible for educating writers on the acts of plagarism, but rather, encourages writers to learn about plagiarism independently as per regular publication regulations. Nonetheless, Himmat Media’s editorial team does send guidelines on avoiding plagiarism to all of its external writers as good practice and for good measure to support our writing team.

WRITER CONDUCT CLAUSE

Himmat Media cannot be held responsible for the comments our external writers make on their personal social media accounts, during public speaking events, and therein, any communications they may be making outside of Himmat Media.

Thereby, Himmat Media’s editorial team completely understands the risks and extremely harmful byproducts of behaviours such as online bullying, online stalking, harassment, misogyny, racism, bigotry, online slander and other behaviours that put individuals in harm’s way. In these unique situations, Himmat Media’s editorial team is fully and solely responsible, as well as has the complete legal right to take action against such behaviours, which can include removing articles, external writers, employees, team members, writers and clients from our overall body of work and clientele without notice. We will not engage in any online slander whatsoever, and failure of compliance with this policy for all clients, partners, contractors and team members includes being swiftly removed from Himmat Media without notice.

EXTERNAL LINKS DISCLAIMER FOR WEBSITE

The Site [and our mobile website] may contain (or you may be sent through the Site [or our mobile website] links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by Himmat Media.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Be responsible and cautious when following third-party links and purchase at your own discretion.