1. GENERAL

In so far as the context admits these terms and conditions are deemed to be incorporated into any agreement entered into with Letterbox Delivery Limited (Letterbox) for the provision of door to door leaflet delivery services.

These Terms and Conditions shall be governed by and construed in accordance with English law and the parties hereto agree that the English Courts shall have exclusive jurisdiction.

2. DEFINITIONS

Agreement - means the terms and conditions set out hereunder.

Customer - means the individual, firm or limited company specified to whom the Services are to be provided.

Material - means the material provided by the Customer for delivery to the areas agreed.

Services - means the delivery services to be provided by Letterbox in accordance with this Agreement.

Delivery Person(s) - is the individual(s) that will carry out the delivery of the material in the areas agreed.

Town Areas - these are the areas that Letterbox has defined as a town.

Village Areas - these are the areas that Letterbox has defined as a village area.

Delivery Area – deliveries are undertaken in areas defined by postcode sector boundaries. The average number of households in each delivery area is 3000.

3) ARRANGEMENTS

All arrangements made with Letterbox must be made in writing before the commencement of the delivery. Verbal agreements may be accepted but will have no validity in the event of a dispute.

The delivery date of the agreement with Letterbox to distribute the material is the date agreed with the Customer for the commencement of delivery of the material to residential or business letterboxes in the agreed area.

The material must be delivered to Letterbox a minimum of 5 working days before the delivery date or as otherwise agreed for distribution to commence on the agreed date.

The time that Letterbox takes to distribute the material will depend at all times on the availability of delivery personnel to carry out the distribution. If the delivery must be completed within a certain timescale then these dates must be agreed before commencement of the delivery.

Material accepted for delivery by Letterbox will at all times be carried out by Letterbox delivery person(s). The delivery area will be as agreed with Letterbox. Maps and statistical information are available from Letterbox.

4) DISTRIBUTION TYPES

Platinum: The material will be delivered on its own.

Gold: The material will be delivered together with up to one other non-competing leaflet.

Silver: The material will be delivered together with up to two other non-competing leaflets.

Bronze: The material will be delivered together with up to three other non-competing leaflets.

Time sensitive material - Letterbox must be advised prior to quotation if the material is dated or time sensitive, such material may be subject to a surcharge. If Letterbox is not advised at the time of the quotation Letterbox does not accept responsibility for late delivery.

5) PRICE

Price is the rate quoted for carrying out the delivery. Current prices are displayed on our website and are valid for standard single sheet leaflets of A5 or A6 size. Larger or heavier material may be subject to a surcharge which will be included in the quotation. All prices quoted are valid for 30 days from the time of quotation.

6) PAYMENT

Unless otherwise agreed, payment is to be made to Letterbox in full prior to the commencement of delivery. Where payment on receipt of invoice has been agreed then the payment terms are strictly 7 days from date of invoice. Letterbox does not provide credit terms for the delivery of leaflets. Payment must not be withheld subject to the level of response or number of enquiries received to the campaign or the leaflet distribution.

7) LEVEL OF DELIVERY PENETRATION

Within the delivery area Letterbox will strive to achieve 100 percent coverage to addresses in the area. However due to the logistics of delivering unaddressed material and the location of addresses the Letterbox delivery person(s) may not always be able to find all delivery Points or letterboxes in the defined area, therefore the level of delivery may be less than 100%. Letterbox cannot guarantee to reach every letterbox in the delivery area but it will strive to reach the maximum level of penetration.

Examples of where material may not be delivered include (but are not limited to);

- Certain properties may not have a letterbox

- It may not be possible to gain access to all individual occupants of apartment blocks or flats due to security at the buildings.

- If there is warning or obvious signs of dogs at the property, the delivery person(s) may at their own discretion not deliver to that property.

- If there is a notice at the property advising that the occupants do not wish to receive unaddressed material, or if the property is registered with the Door Drop Preference Service the delivery person(s) will not deliver to that address.

- Delivery will not be attempted to empty or derelict properties or where access is hazardous to the delivery person(s).

8) DELIVERY QUERIES

In the event of any queries arising from the delivery, Letterbox undertakes to investigate such queries provided they have been advised within seven days of completion of the delivery. The result of such investigation will be advised to the Customer in a reasonable time scale. In the event of any shortfall in delivery 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 identified shortfall in delivery. Under no circumstances will Letterbox accept any liability in excess of the value of the delivery contract.

9) MATERIAL QUANTITIES

The number of leaflets supplied to Letterbox will be checked for accuracy. If there is insufficient material to complete the area required the customer will be advised. If the quantity of the material is greater than the amount need to complete the delivery area agreed the excess material will be retained and the Customer given the option to collect the surplus material at his cost or to nominate suitable addition areas where the material can be distributed to.

10) ACCEPTABLE MATERIAL

All material is accepted for distribution only on the basis that it meets the conditions of the British Codes of Advertising. Letterbox will not accept any material of a sexual, salacious or racist nature. All offerings made by the advertiser should be morally and legally acceptable. Letterbox reserves the right to refuse any material for distribution that it considers unacceptable or inappropriate.

11) SECURITY OF MATERIAL

The material for delivery by Letterbox will be held in a secure and dry location whilst the distribution is carried out. The storage of the material however should be insured by the Customer in the event the insurers of Letterbox refuse to pay on any individual claim for loss or damage to material.

12) CANCELLATION

The Customer may cancel the contract or any part of the contract at anytime before the commencement of the distribution of the material providing the material is still in the possession of Letterbox. However if the material has been transferred to the delivery person(s) who has been allocated to carry out the delivery then that contract or part of that contract cannot be cancelled and the material will be delivered. Where a cancellation is accepted by Letterbox the material must be collected by the Customer from the office to which it has been sent or a transport charge will be made for returning the material to the client. All monies paid by the Customer to Letterbox for the delivery of the material will be refunded less a cancellation charge of 10% of the contract value. If it becomes necessary for Letterbox to cancel a contract for any reason the material will be returned to the Customers premises at the cost of Letterbox and a full refund of monies paid in respect of that contract. Letterbox reserves the right to cancel any contract with reasonable notice.

13) INDEMNITY

The Customer shall indemnify and keep indemnified Letterbox 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.

14) FORCE MAJEURE

Notwithstanding anything herein contained neither party shall be under any liability to the other in respect of any failure to perform or delay in performing any of its obligations hereunder which is due to any cause whatsoever nature beyond its reasonable control and no such failure or delay shall be deemed for any purpose to be a breach of the Agreement.

15) ASSIGNMENT AND SUBCONTRACTING

The rights granted to the Customer hereunder are personal to the Customer and the Customer shall not assign or grant any rights in respect of these rights. Letterbox shall be entitled to assign or sub-contract the provision of the Services (or any part thereof) to any third party and reference in the terms and conditions to Letterbox shall be deemed to include to such assignee or subcontractor.

16) WAIVER

Failure or delay by either party to enforce any of the provisions of the agreement shall not operate as a waiver of any of its rights hereunder or operate so as to bar the exercise or enforcement thereof at any time or time.

17) SEVERANCE

The agreement is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of the agreement.