Door-To-Door Leaflet Distribution Terms and Conditions
1. WHO WE ARE
A.G.A Print Ltd is a limited company trading as Solopress. Registered in England and Wales No. 4717223. Registered office: 9 Stock Road, Southend-on-Sea SS2 5QF. VAT No. 171012458. ("We" and this expression includes anyone to whom we transfer all or part of the contract). We can transfer or subcontract this contract or any of our rights or duties under the contract to any other person. We are contracting with the business or organisation as detailed in the online order form ("You"). You have confirmed that you are acting as a business or in the course of trade and that you are not acting as a consumer. This means that the rules which cover consumers buying online do not apply to you. Our standard terms and conditions can be found here.
2. WHEN DOES THE CONTRACT BECOME EFFECTIVE
The contract only becomes effective when we send you a confirmation email that we have accepted your order. We are under no obligation to accept your order and do not have to give reasons if we do not accept it. If you do not receive a confirmation email from us, there is no contract in place, unless one of our authorised representatives writes to you to confirm otherwise. The contract includes these terms and conditions. Once a booking is confirmed, our written consent is required for any change to it.
3. WHAT ARE OUR AND YOUR OBLIGATIONS
3.1 We will use reasonable care and skill when we provide the distribution and, where applicable, printing and/or design services. This delivery period is subject to the delivery period remaining available in Royal Mail's booking system. Solopress will request a booking for that period (if it remains available) but cannot guarantee that Royal Mail will accept it. The delivery period that is booked will be notified to you if it differs from the booking order. An item will be treated as being delivered within the agreed timeframe if it is delivered over a two-week period from your chosen start week and no more than 6 days after the end date of the delivery period that has been booked. We may amend the requested delivery schedule, including if the chosen sectors do not match Royal Mail's distribution rounds, and will endeavour to notify you if we do this.
3.2 No more than one item will be delivered per letterbox, except where there is evidence of more than one abode at an address when one item may be delivered for each abode (up to a maximum of four abodes per address). No distribution will be made to commercial property.
3.3 Where we use Royal Mail for deliveries, delivery will be governed by the delivery routes as defined by Royal Mail and accordingly items may be delivered in a sector that has not been booked. If you hand over to us fewer items than you have booked, we and Royal Mail have discretion as to the addresses to be covered.
3.4 Should any addresses opt-out of the receipt of unaddressed items through a written request to Royal Mail or, where applicable, Solopress or through the 'Your Choice' scheme operated by the Direct Marketing Association (or any other scheme we or Royal Mail recognise), we will try to ensure that these households do not receive an item.
3.5 We do not have to distribute to properties where, for whatever reason, we consider it would be unsafe or undesirable so to do. Distribution figures are estimates only and if they are inaccurate, this does not amount to a sufficient reason for you to terminate the contract. Whilst we will make all reasonable efforts to distribute to the total number of households in the estimated distribution figure, we do not guarantee coverage of all households in the contracted area. The distribution figures we supply have a tolerance of 5%. If Royal Mail deliver to fewer than 95% of the addresses and provide us with a credit, we will remit this to you after deducting our processing costs of £25.00.
3.6 You are fully responsible for the content and design of the items we are contracted to distribute or, where applicable, print and/or design and you are fully responsible for choosing the area of the intended distribution. You must, at all times, have all the rights necessary to enable us to distribute and, where applicable, print the items. Where we provide any targeting services to assist you in identifying the area in which a distribution is to be carried out, we provide no guarantee or assurance of any kind that the distribution will be successful or produce any particular result.
3.7 You must ensure you give an accurate design description when making your booking as this is used with Royal Mail to select the correct category code. Where we use Royal Mail to carry out the distribution, they will try not to deliver your items with competing items but are subject to such exceptions as Royal Mail may specify from time to time (including, items from any political party, government, public administration or religious organisation and multi-ad items).
4. WHAT IF THERE IS A DELAY
4.1 Any delays which may occur in the design, printing or distribution that originate with you or any of your agents or contractors are your responsibility and any extra expenses we incur resulting from such delays will be charged in addition to the fixed price for the contract.
4.2 Where it forms part of the contract with Solopress, we will do what is reasonable to print within the timescale mentioned and to achieve complete distribution within the requested period of the distribution, but we are not responsible for any delay caused by weather conditions or any other circumstances outside our own control such as any third party not providing the services under a sub-contract with us.
4.3 If there is a delay in printing or distribution, whether or not we are responsible for it, we will continue the printing and distribution until the printing and the contracted coverage have been completed.
5. ACCEPTANCE OF ITEMS
5.1 We may refuse to print, design or distribute any items. If we do this, we will notify you of our decision.
5.2 You are fully responsible for the items and for ensuring that they do not infringe any applicable laws, regulations, advertising or other codes or practice or third-party rights. The items must not include any material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous, may cause embarrassment to anyone likely to see the item, may damage our reputation or that of Royal Mail or is in breach of any third-party intellectual property rights. You will fully and effectively indemnify us and any of our subcontractors in respect of any damages, losses, costs or expenses incurred by us or any of our subcontractors, or any claims, action or proceedings, threatened or actual against us or our subcontractors arising from the nature or content of the items. If we design, print or distribute any item which does not comply with the above requirements, this does not imply any approval, acceptance or waiver of rights to be indemnified by us or any of our sub-contractors.
5.3 The item the customer is distributing must only promote one company, legal entity or organisation
5.4 We aim to make sure that printed items by Solopress are of a reasonable quality but provide no warranty as to the eventual quality of the printed items.
5.5 All items must be smaller than A4 in size, less than 5mm in depth and under 20g in weight. If over these parameters, then items may be refused (100% cancellation charges would apply) or additional charges may be incurred.
6.1 You must pay the contract price in full at the time of placing your order unless you have agreed in writing alternative payment terms with Solopress. Except in the circumstances described in condition 8.2, we will not refund any money which has already been paid unless we receive a refund from Royal Mail in which case we will remit this to you after deducting our processing costs of £25.00.
6.2 Any cancelled items, or items surplus to the booking requirements will be destroyed and you are responsible for paying for the cost of destruction.
6.3 Where you have not fully complied with these terms and conditions or have or may become insolvent, we may in our discretion either (a) re-work the items, and we will pass on the Royal Mail re-work charges plus a processing fee of £25.00, or (b) treat the distribution as having been cancelled and we will not refund any money which has already been paid unless we receive a refund from Royal Mail in which case we will remit this to you after deducting our processing costs of £25.00.
7. PAYMENT OF INVOICES
7.1 The contract price must be paid in full by credit or debit card without set off or deduction together with VAT at the prevailing rate, before we commence any of the printing or distribution services, unless agreed in writing prior to Solopress accepting the order. Unless such payment is received, we shall have no obligation to carry out the distribution on your behalf.
7.2 You will have no ownership of any items we print for you until we have been paid in full for the printing and distribution services for those items. Risk in the items will pass to you upon completion of printing the items.
8. HOW MUCH COMPENSATION IS PAYABLE IF WE FAIL TO PERFORM OUR OBLIGATIONS
8.1 We do not seek to exclude or limit our legal liability for death or personal injury arising from our negligence. This condition is not affected by any of the other conditions.
8.2 Where we are satisfied that a claim against us for failure to deliver, or failure in respect of print quality, has, after the appropriate investigation, been shown to exist, our liability for that particular failure shall not exceed the pro-rata price of such non delivery or print production in relation to the contract price as a whole. Our total liability to you in respect of negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the element of the contract price (exclusive of any VAT) which relates to the relevant aspect of the service which gave rise to the liability.
8.3 You and we agree that in view of the contract price agreed and on a fair apportionment of risk, we shall have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise (i) for any special, indirect or consequential damage of any nature whatsoever suffered by you whatever the cause of it, (ii) for damage to your reputation, (iii) for loss of goodwill, anticipated or future profits, business, contracts, revenues or anticipated savings or (iii) for any increased costs or expenses.
8.4 We give no warranty and accept no liability in respect of the response rate to any distribution.
8.5 We will not provide any compensation where we have been unable to perform our obligations because of something beyond our reasonable control which includes anything attributable to Royal Mail but, if they provide us with compensation, we will remit this to you after deducting our processing costs of £25.00.
9. WHICH LAW APPLIES & WHICH COURTS CAN DECIDE ON DISPUTES
The contract is made under English law and, if there is a dispute, you and we agree that the English courts have the right (jurisdiction) to hear and decide on that dispute. If we are in dispute and so request, you will participate in any mediation process specified by us.
10. DATA PROTECTION
By agreeing to use our services you confirm that any personal data you have provide is, and will always be, accurate and up to date and that you have secured all rights and consents necessary to allow us to use and store the data in order to provide services to you and to carry our any necessary regulatory or administrative actions related to those services.
11. JIC MAIL
11.1 Charges are inclusive of the JIC Mail Levy. The Client acknowledges that Solopress are providing a collection service for the JIC Mail Levy only. As the JIC Mail Levy is voluntary, if the Client wants to be refunded for the levy paid, the Client can make a quarterly or annual claim to JIC Mail at The Treasurer, JICMAIL Limited, DMA House, 70 Margaret Street, London W1W 8SS.
11.2 The JIC Mail Levy is subject to the JIC Mail Levy Cap. Any amounts paid by the Client in excess of the JIC Mail Levy Cap will be refundable by JIC Mail and Solopress shall not be liable to the Client in respect of any amounts paid in excess of the JIC Mail Levy Cap.
11.3 Royal Mail wish to use Door to Door Information for the purpose of assessing its circulation and to create know-how that enables advertisers to benchmark their investment in Door-to-Door Information against other media. Royal Mail wish to share Industry Input Data with JIC Mail and permit JIC Mail to share the Industry Input Data with the Independent Marketing Specialists for the purpose of creating reports for the industry.
11.4 The Client may opt out of such use of Door-to-Door Information and sharing of Industry Input Data (the "Data Opt Out") by notifying Solopress by email (an "Opt Out Email") to [email protected]. It is the Client's responsibility to ensure that the Opt Out Email is received no later than 10 days prior to the start of the distribution. If the Opt Out Email is not received by that date, then the Client's consent to the use and sharing as described in this clause is deemed to be given and Solopress shall have no liability to the Client in respect of such use or sharing. If the Client wishes to exercise the Data Opt Out, then it will send an Opt Out Email for each of the bookings for which it wishes to opt out. We each agree that, if a Data Opt Out is not received, the Door-to-Door Information and Industry Input Data are not confidential information.