Terms & Conditions

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The following Terms and Conditions apply to all contracts between North Essex Leaflet Distribution (the Company) and the purchaser of distribution services (the Client).

  1. Marketing Material
  2. A) The Client will assure that all material will be no larger than a single sheet of paper, to be delivered flat unfolded or folded to a smaller size, per household.
  3. B) In the event of materials being different in terms of size, weight or shape to that specified within Clause 1. A), the Company reserves the right to make an additional charge or refuse to deliver the material, at its absolute discretion.
  4. C) The Client agrees that the Company has no liability whatsoever for the Client’s materials whilst in the possession of the Company and the Company has no liability for any loss or damage to the Client’s materials while in the Company’s possession or for any resulting loss of business or any other loss.
  5. Marketing Material Content
  6. A) An enquiry for leaflet distribution with the Company constitutes an assurance by the Client that:
  7. All material shall be legal, decent, honest and truthful and it shall comply with the British code of Advertising Practice, the British Code of Sales Promotion Practice and all other codes under the general supervision of the Advertising Standards Authority.
  8. The material to be distributed does not contain anything which is dangerous, which may constitute an infringement of copyright, or is defamatory, obscene or otherwise illegal in any way.

iii. All necessary authority and permission for the pictorial representations of (or purporting to be of) living persons and of words attributed to living persons, has been secured in respect of any use in the material.

  1. B) The Company reserves the right to require the copy to be amended to meet its approval and to omit or suspend the distribution of any material at its sole discretion.
  2. C) The Client agrees to indemnify the Company in respect of all costs, damages or other charges falling upon the Company as a result of legal action or threatened legal action arising from the publication and / or distribution of the material.
  3. Marketing Material Distribution
  4. A) Distribution is undertaken on a contract price, not on a payment by results basis. For the avoidance of doubt, the Company does not have any responsibility for response rates resulting from the distribution of the Client’s materials.
  5. B) Unless otherwise stated, distribution will normally take place within the specified time period in the confirmed order and to the area scheduled to receive the materials. This does not necessarily imply 100% penetration of all addresses within the area (see Clause 3. E) below. An example of this would include where access was not possible during the initial visit or where the quantity of material supplied for distribution is inadequate. In such circumstances, the Company would not revisit the house / stair / apartment / flat of non-delivery.
  6. C) Whilst every effort will be made to meet the agreed distribution schedule, the Company reserves the right to vary both the timing of the distribution at any time with no penalty and with or without the agreement of the Client.
  7. D) Whilst the Company will obtain a GPS tracking record of the distribution for reference purposes, the Company does not guarantee the accuracy or completeness of the GPS data as it is subject to technical errors and / or failures outwith the control of the Company.
  8. E) While every effort is made by the Company to deliver to every property in the agreed area and to report non-deliveries, the Company does not guarantee that every property will be delivered to and / or every non-delivery reported. The Client agrees that an unreported non-delivery rate of no more than 2% of the total number distributed is acceptable and will not incur any penalty in relation to clause 4. B) below.
  9. Other
  10. A) The Company will not be responsible for the production costs of materials or loss of business or any other loss or damage however arising by any non-delivery or delay in distribution of the material for whatever reason, save as stated in the clause 4. B) below.
  11. B) Subject to clause 3. E). in the unlikely event of a higher than allowed non-delivery rate, evidence in the form of specific addresses of those who have not received the materials in the agreed area must be furnished to the Company within 5 working days of the Company having advised the Client that the distribution has been completed. If the evidence proves there has been a breach of clause 3. E). the Company shall attempt delivery of the materials to those addresses free of charge or refund the proportional cost of delivery to the Client, but the Company shall not incur any other liability whatsoever to the Client.