TERMS & CONDITIONS
All the material is accepted for distribution subject to the following terms and conditions.
These terms and conditions are deemed to be incorporated into any agreement entered with Leafleting Direct for the provision of its printing and distribution services.
Agreement - Refers to the terms and conditions set out hereunder
Client - Refers to the individual, firm or company specified to whom the services are provided to
Services - Refers to any services carried out by Leafleting Direct in accordance with this agreement (Further details below)
Distributors - Refers to the individuals carrying out the distribution to the letterboxes
All arrangements made with Leafleting Direct must be made in writing before the distribution is carried out either by email, fax or post. Verbal agreements may be accepted but will have no validity in the event of a dispute. The time taken for Leafleting Direct to distribute the material to selected areas will depend on a number of factors such as availability of distributors, weather conditions etc. Any specific start of finish dates should be agreed before commencement of distribution. Material accepted for distribution by Leafleting Direct will normally be carried out by its own distributors. The distributors will deliver to the selected areas the client has chosen. The areas covered will be recorded on maps, which are normally available from Leafleting Direct on request.
4. Types of Distribution:
Shared - The distribution will be carried out with a number of other clients’ leaflets which will not be of a competitive nature. The leaflets will be distributed in the clients chosen areas.
Solus - The distribution will be carried out with no other clients’ leaflets but may include a Leafleting Direct. The leaflets will be distributed in the clients chosen areas.
Time Sensitive Material - The client should inform Leafleting Direct prior to quotation that the material required for distribution is time sensitive.
If Leafleting Direct are not informed of the time sensitive nature of this material Leafleting Direct do not accept any responsibility for the late delivering of the material
5. Number of Households:
The number of households in each area has been calculated using postcode information from the Royal Mail, the number is rounded up to achieve maximum success.
6. Level of Success:
Leafleting Direct distributors will do their best to achieve 100% coverage to selected areas. However due to the nature of distribution the distributor may not always be able to reach all letter boxes. Therefore the level of success may be less than 100%.
7. Circumstances of Non Delivery:
There is a number of reasons why distribution to some letterboxes may not occur;
i) The property in question may not have a letterbox or the letterbox may not be in accessible.
ii) The property may be multiple occupancy, such as flats and entry to the separate occupancies may not be possible.
iii) If there is a warning of a dog or any sign of a dog at the premises the distributors will not attempt to deliver to the property.
iv) If there is a notice on the property advising that the residents do not wish to receive unaddressed material, distributors will not deliver to that address.
v) Distributors will not deliver to empty or derelict properties or where entry may be hazardous.
The price quoted is per thousand of leaflets distributed. Factors taken into consideration include size, weight, and time limits. The price quoted in writing will be held good for 30 days from the date of the quotation.
9. Surpluses and Shortfalls of Leaflets:
The number of leaflets supplied to Leafleting Direct for distribution will be checked for accuracy. If there us insufficient material to cover the desired areas the client will be advised. If there is greater material then required the material will be retained and the client will have the option to collect the access at his cost or choose further areas to have the material distributed to.
Payment is to be made to Leafleting Direct on collection/delivery of leaflets unless otherwise specified. An invoice will be sent to the client for the amount. Payment is expected from the client on the basis that Leafleting Direct will provide service and payment must not be withheld subject to the level of response or number of enquiries received as a result of distribution.
11. Security of Material:
The material supplied to Leafleting Direct for distribution will held in a secure and dry location prior to distribution. The storage of this material should however be insured by the client. In the event of any loss Leafleting Direct will not be held responsible for the material held on behalf of clients.
The client is entitled to cancel the contract or a part of the contract one week before distribution has commenced. If however distribution has commenced and the distributors have the client's material the contract cannot be cancelled and the material will be distributed. Where a cancellation is accepted by Leafleting Direct the material must be collected by the client at his/her own cost. All money paid to Leafleting Direct will be refunded except for a 20% cancellation charge. If it is necessary for Leafleting Direct to cancel a contract all materials will be returned at the expense of Leafleting Direct and all money paid refunded. Leafleting Direct reserves the right to cancel any contract with a reasonable notice,
13. Acceptance Subject to The British Codes of Advertising:
Leafleting Direct accepts all material for distribution only on the basis it meets the conditions of the British code of Advertising. All material supplied to Leafleting Direct should be morally and legally acceptable. Leafleting Direct retains the right to refuse distribution of any material it considers inappropriate.
The client shall indemnify and keep indemnified Leafleting Direct from and against any and all liability loss claims, demand costs or expenses of any kind whatsoever which it shall at any time suffer or incur.
15. Force Majeure:
Notwithstanding anything herein contained neither party shall be under any liability to the other in respect of any failure to perform or any delays in performing its obligations hereunder which is due to any cause whatsoever beyond its reasonable control and no such failure or delay shall be deemed to amount to a breach of agreement.
16. Assignment and Subcontracting:
The rights granted hereunder to the client are personal to it and the client shall not assign of grant any rights. Leafleting Direct shall be entitled to assign or sub contract the provision of services to any third party and reference in the terms and conditions to Leafleting Direct shall be deemed to include to such an assignee of sub-contractor.
Failure or delay by either party to enforce any of the provisions of the agreement shall not operate so as to bar the exercise or enforcement thereof at any time.
The agreement is severable only if a provision is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without effecting the remaining provisions of the agreement.
These terms and conditions shall be governed by and construed in accordance with English Law and the parties here to agree that the English Courts shall have exclusive jurisdiction.