Please ensure you read these Terms and Conditions.
Placement of an order with the Company would confirm acceptance of these Terms and Conditions and will be regarded as a Contract.
“Client” is any business or individual who commissions the Company to carry out a distribution or any other work.
“Contract” is the terms and conditions set out in this document.
“Material” is the promotional material be it leaflet, flyer, letter, promotional card or other materials to be delivered or stored by the Company.
2. Content of Marketing Material
The placing of an order for distribution constitutes an assurance by the Client that:
3. Supply of Material for Distribution
- The material to be distributed does not contain anything which is dangerous, constitutes an infringement of copyright, or is defamatory, obscene or otherwise illegal.
- All necessary authority and permission has been secured in respect of the use in the flyers of pictorial representations of (or purporting to be of) living persons and of words attributed to living persons.
- Copy shall be legal, decent, honest and truthful, shall comply with Email to us, Advertising Practice or British Code of Sales Promotion Practice and all other codes under the general supervision of the Advertising Standards Authority.
The Company reserves the right to require copy to be amended to meet its approval and to omit or suspend the distribution of any Orange Flayer Distribution issue as its sole discretion.
The Client agrees to indemnify the Company in respect of all costs, damages or other charges falling upon the Company as the result of legal action or threatened legal action arising from the publication and/or distribution of the Orange Flayer Distribution (magazine/leaflet).
Material for distribution shall be delivered to the Company’s specified delivered address not earlier than 2 weeks, or later than 2 working days prior to the commencement of the distribution.
Deliveries to the Company should be made between Monday and Friday between 9 am and 4.30 pm and by arrangement.
The Company reserves the right to make an additional charge in respect of the materials supplied to the Company after the deadline or refuse to deliver such material, at its absolute discretion.
In the event of materials being different in terms of size, weight or shape to that specified on the Company’s order form, the Company reserves the right to make an additional charge or refuse to deliver such a material, as its absolute discretion.
The Company is under no obligation to check the quantity of materials supplied for distribution nor accept the accuracy of any information shown on any delivery notes of the Client or the Client’s delivery agent, but will so far as reasonably possible notify the Client if the amount of materials fall short or exceed the requirements of the agreed distribution.
No liability is accepted for Client’s materials whilst in the possession of the Company. The Company is not liable whatsoever for Client material or any arising consequential loss.
4. Cancellation and Alterations
Cancellations must be notified to the Company via email seven (7) working days prior to the distribution date.
Cancellations for the orders not notified within the required time period will be charged at a rate of 50% of the value of the original order plus VAT.
Alterations to delivery/distribution date less than seven days prior to booked slot will incur an administration fee. In the case of an alteration to delivery date less than 7 days in advance, any previously agreed turnaround or delivery schedule becomes null and void and the Company reserves the right to refuse to match timescales in altered delivery slot at its absolute discretion.
The above fees may be waived at the Company’s sole discretion.
5. Distribution of Marketing Material
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 Orange Flayer Distribution (magazine). This does not necessarily imply 100% penetration of all addresses within the area. An example of this would be where access is not gained or initial visit and stock of marketing material is depleted, we would not revisit house/stair/apartment/flat of non-delivery.
Whilst every effort will be made to meet the agreed schedule and this will always apply to dated material (where the Company has been notified in writing and it is specified in the customer order confirmation) the Company reserves the right to vary both the method and timing of the distribution. This will be done in conjunction with the Client. Please note clause on schedule alteration in section above.
During the circulation, the Company will log distribution data in our system for reference.
Independent inspectors are always welcome but at the Clients’ expense.
The Company will send the Client a distribution report within 5 working days following completion of the distribution.
The stated distribution and overall quantity distributed are subject to a variance of up to 2% within the terms of the Contract. Distribution is undertaken on a contract price – not a payment by result basis.
6. Distribution Queries
The Company will not be responsible for the production costs of Orange Flayer Distribution (magazine) or any other loss or damage however arising occasioned by non-delivery or delay in distribution of Orange Flayer Distribution for whatever reason, saved as stated in the clause below:
In the unlikely event of non-delivery, evidence in the form of specific email to us who have not received the materials in the agreed area must be furnished to the Company within 3 working days of the distribution date. If the evidence proves there has been a total or partial failure of delivery in the agreed area the Company shall deliver the materials to those addresses free of charge of refund the proportional cost of delivery to the Client but shall not incur any other liability whatsoever to the Client.
7. Payment Terms
In the absence of agreed credit terms, payment must be received at the time of booking. Credit terms are at the sole discretion of the Company and may be withdrawn at any time.
Unless otherwise agreed, credit terms are strictly 30 days from the date of invoice.
Cheques should be crossed and made payable to the Company using the details noted on the invoice or as advised from time to time.
A transaction fee of 3% will be added to payments made by credit or debit cards.In the event that an invoice is not paid within the timescale specified in these terms and conditions, we reserve the right to charge interest from the date of the invoice at a rate of 3% above the base rate of Lloyds TSB Bank.
If an invoice has not been paid for a period deemed to be excessive by the Company, the Company may engage the services of a debt recovery specialist. Debtors will be responsible for paying all of the costs incurred by the Company in recovering the debt.
8. Value Added Tax (VAT)
The Company will be entitled to charge the amount of any Value Added Tax payable whether or not stated in the Contract or included in the quotation.
9. General Terms
Unless otherwise stated, the price quoted applies only to the advertisements on the Orange Flayer Distribution (magazine) on behalf of individual advertisers and/or businesses who are promoting their own goods, services, functions, etc. via materials specifically printed on their behalf.
The placing of an order for distribution or any other work shall constitute an acceptance of the above conditions stipulated on the Client’s own form or elsewhere by the Client shall be void in so far as they are in conflict with them.