Terms & Conditions

1 Definitions

In this Agreement:

"The Company" refers to Letterbox PRO Ltd (15265803) and the companies on whose behalf it acts as agent.

"LetterboxPRO" refers to the website application and trade name of Letterbox PRO Ltd

"The Client" refers to the company or individual (if not an authorised representative of a company) who places the distribution contract with Letterbox PRO Ltd.

"Distributor" is the individual that will carry out the distribution of the material to the letterbox.

"Residential" property that is being used as, is suitable for being used as, or is being developed to be used as, a dwelling (Contains 1 letterbox)

"Multi Occupancy" property with at least 2 tenants living there, forming more than 1 household (Contains 2 or more letterboxes)

"Commercial" property formerly or currently used primarily for business, retail, governmental or professional purposes.

2 General

The following Terms and Conditions apply to all orders accepted for door-to-door distribution, print and door-to-door distribution or other specified services to be carried out using the Letterbox PRO Ltd network (or other specified resources) directly owned & controlled by Letterbox PRO Ltd and where Letterbox PRO Ltd acts as their agent for such services.

Additional Terms and Conditions apply for work sub-contracted by Letterbox PRO Ltd, in part or whole, to other companies or resources (for example third party Distribution Companies or Royal Mail), which are not directly owned & controlled by Letterbox PRO Ltd and are subject to these terms and conditions

3 Distribution

3.1 Types Of Distribution

3.1.1 Solus: The distribution will be carried out with no other client leaflets.

3.1.2 Shared: The distribution will be carried out with a maximum of five other non-conflictive client leaflets.

3.1.3 Time Sensitive: The client must advise prior to quotation if the material is dated or time sensitive, such material may be subject to a surcharge.

3.1.4 In the event The Company are not advised at the time of the quotation the material is dated, or time sensitive The Company do not accept responsibility for late delivered material.

3.2 Coverage

3.2.1 In the specified postcode boundaries or selected sub-contractor zones or other agreed distribution area The Company will use its best endeavours to achieve 100% coverage to Residential, Multi Occupancy or Commercial Properties in the defined area. This does not imply 100% penetration of all addresses within the area, nor does it guarantee delivery to any particular property in the area.

3.2.2 The Distribution objectives and overall quantity distributed are subject to a variance of up to 7% within the terms of the contract

3.2.3 No more than one item will be delivered per letterbox,

3.2.4 Where The Company use Royal Mail for deliveries, delivery will be governed by the delivery routes as defined by Royal Mail and material may be delivered in a sector that has not been booked.

3.2.5 If you hand over to us fewer items than you have booked, The Company and Royal Mail have discretion as to the addresses to be covered.

3.2.6 Properties may not receive a leaflet due to many external factors but not limited to:

3.2.6.1 The material is unaddressed, and the Distributor may not always be able to locate the property.

3.2.6.2 The property may not have an accessible letterbox

3.2.6.3 Multi-Occupancy properties may not be accessible, or the Distributor may not be able to access letterboxes within the property

3.2.6.4 The property displays warnings of entry (Dog) or other

3.2.6.5 The property displays notification they do not wish to receive unaddressed material, or the Customer has written to Letterbox PRO Ltd or the Sub-Contractor requesting they do not receive the material.

3.2.6.6 The material will not be delivered to empty or derelict properties or where the access is deemed to be dangerous or placing the Distributor at risk

3.3 Distribution of material cannot imply any guarantee of consumer response and The Company offers no claims or guarantees with regards to response or awareness levels. It should be noted that low or no response to the material does not and cannot under any circumstances imply low distribution efficiency.

3.4 Whilst every effort will be made to meet the agreed schedule, The Company reserves the right to vary both the method and timing of the distribution.

3.5 The Company 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.

3.6 The Company will use all reasonable endeavours to distribute material within 10 days of the distribution start date when using Royal Mail and 28 days when using a Distribution Team or third-party Distribution Company unless otherwise agreed.

4 Arrangements

4.1 Unless otherwise agreed or specified by The Company, material should bereceived 7 days prior to the start of distribution. Where The Company use Royal Mail for deliveries, 18 days prior to the start of distribution.

4.2 Unless otherwise agreed or specified by The Company, material should bepacked in accordance with the guidelines recommended by the Direct Marketing Association (DMA).

4.3 Material that is bundled must weigh less than 6.4kg and Material that is boxed must weigh less than 10kg

4.4 Material that is bundled or boxed must be of equal quantities except for the final box or bundle where the number will less.

4.5 Should material not be packaged correctly The Company reserves the right to apply an additional charge for re-packing material.

4.6 The Company reserves the right to make an additional charge or to refuse to accept or deliver any material which is incorrectly packaged at its absolute discretion.

4.7 It is the responsibility of The Client to ensure The Company are supplied with enough material to complete the distribution.

4.7.1 If there is insufficient material to complete distribution fully in the specified postcode boundaries or selected sub-contractor zones or other agreed distribution area. No refunds can be given due to a shortfall of material supplied by the client.

4.7.2 If the quantity of the material is greater than the amount needed to complete the specified postcode boundaries or selected sub-contractor zones or other agreed distribution area selected by The Client, the excess material will be retained for a maximum of 30 days and The Client is given the option to:

4.7.2.1 Collect the surplus material at The Client’s cost.

4.7.2.2 Select additional postcode boundaries or selected sub-contractor zones or other agreed distribution area where the material can be distributed to for which a charge will be made

4.7.3 After a period of 30 days storage the excess material will be recycled at the discretion of The Company.

4.8 The Company will make all reasonable endeavours to check the quantity of material supplied, and advise The Client of any significant variance above or below the quantity required to fulfil specified postcode boundaries or selected sub-contractor zones or other agreed distribution area.

4.9 Their is a minimum order value of £200 where The Company use Royal Mail and 5,000 material when using a Distribution Team or third-party Distribution Company unless otherwise agreed.

5 Cancellation

5.1 The Client may cancel all or part of a delivery, end the Agreement in whole or part, or if The Company refuse to accept or deliver items because they do not comply with The Company Terms and Conditions, the following cancellation fees apply:

5.2 All monies paid by The Client to The Company for the distribution of the material will be refunded less a cancellation charge of 50% of the contract value.

5.3 Where a cancellation is accepted by The Company, the material must be collected by The Client from the depo to which it has been sent or stored.

5.4 In the event The Client requests the material to be return by post a charge will be made for returning the material to The Client.

6 Artwork

6.1 All material is accepted for distribution only on the basis that it will not infringe the British Code of Advertising, Sales Promotion and Direct Marketing (The CAP Code) The Company reserves the right to cancel or refuse to accept any order, in full or part, without giving an explanation.

6.2 The Client shall fully and effectively indemnify The Company in respect of any damages, losses, costs, or expenses incurred by The Company, or any claims, action, or proceedings, threatened or actual against The Company arising from the nature of content of the items distributed whether such liability arises from a defect in design or breach of any third party’s intellectual property rights or if the goods fail to comply in any way with any codes, restrictions, legislative obligations, or voluntary codes of practice.

6.3 The material for distribution by The Company or where The Company use Royal Mail or when using a Distribution Team or third-party Distribution Company will be held in a secure and dry location whilst the distribution is carried out.

6.4 The storage of the material should be insured by The Client in the event the insurers of The Company or where The Company use Royal Mail or when using a Distribution Team or third-party Distribution Company refuse to pay on any individual claim for loss or damage to material made by The Company or sub-contractors on their insurers.

6.5 The Company will not be held responsible in any way for the security or otherwise of material held by Royal Mail or Distribution Team or third-party Distribution Company on behalf of The Client.

6.6 In the event an image of the material has not been seen at the time of the booking The Company accepts your order based on the description of the item supplied by The Client, If the description is not accurate or the image of the material changes prior to the delivery of items into the delivery network then The Client is liable for any associated costs if the item is in breach of the terms and conditions or no longer matches the industry sector upon which the booking was accepted.

6.7 All items must be smaller than A4 in size, less than 5mm in depth and under 50g in weight. If over these parameters, then items may be refused, and additional charges may be incurred.

6.8 Where The Client orders print services:

6.8.1 If The Company provide a proof of the item, The Client must approve it or provide the required changes within 12 hours and, if you miss this deadline, we may treat the proof as approved.

6.8.2 The Client agrees to pay any additional amounts claimed from The Company by any print subcontractor for your failure to comply with your obligations or for any other reason permitted under our subcontract with the supplier.

7 Complaints

7.1 In the event of a complaint arising from the Distribution, The Company undertakes to investigate such complaints, if they are reported within or up to five working days from distribution completion date and that sufficient information is made available. The complaints must include the addresses involved and such other evidence as The Company or Royal Mail or Distribution Team or third-party Distribution Company may require to verify your complaint.

7.2 A minimum of 10 addresses within a postcode sector must be supplied in order for us to investigate non-delivery.

7.3 The results of any such investigations will be reported to The Client within a reasonable time scale.

7.4 In the event of a localised shortfall in distribution being identified and verified, this will be rectified, and subsequent delivery will be considered as fulfilment of the contract. If this is not practicable, then credit will be offered to The Client in direct proportion to the substantiated shortfall in distribution. Under no circumstances will The Company accept any liability in excess of the value of the distribution contract to The Company.

7.5 If any complaints after investigation prove to be unfounded then we have the right to recover from The Client the costs and expenses involved in such investigation.

8 Payment

8.1 Payment is to be made in full to The Company on receipt of invoice or prior to receipt, where the agreed cost has been stated and in advance of fulfilment.

8.2 The Client will have no ownership in 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.

8.3 The Company does not provide credit terms for the provision of leaflet distribution services or printing.

GPS

If Real-Time GPS Tracking is required the Distributor will carry a tracking device, which will report its location every 5 seconds.

The tracking device can take up to 1 minute to first fix depending on the availability of the global satellite system.

GPS tracking data is the property of The Company or third-party Distribution Company and only at its discretion will The Company permit The Client to view a particular Distributors GPS data

The purpose of the Real-Time GPS tracking is to assist in the objective of maximum penetration in the specified postcode boundaries or selected sub-contractor zones or other agreed distribution area.

Severance

If any provision of the Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in force and effect.

Waiver

If The Company waives any default or breach of these Terms and Conditions, this will not constitute a waiver of any other or subsequent default or breach. No waiver will be effective unless made in writing.

Assignment and Subcontracting

The Client may not assign or transfer its rights and obligations under this Agreement without the prior written consent of The Company.

Force Majeure

Neither party will be liable for any delay or failure in the performance of its obligations under these Terms and Conditions if such delay or failure is due to a force majeure event, being a cause outside its reasonable control including but not limited to acts of God, natural disaster, riot, malicious damage, fire or acts of any governmental authority.

Law

This Agreement is governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.