These conditions (“Conditions”) apply exclusively to each transaction (“Contract”) for the supply of services (“Services”) relating to leaflet delivery by Abracadabra Leaflet Distribution (“the Company”) to a client (“the Client”) (together “the Parties”).
The Client warrants to the Company that it is entering into the Contract as principal and not as agent on behalf of any person, firm or company.
The price of the Services (“the Price”) is the Company’s quoted price and is exclusive of VAT.
The Company is only bound by orders which it has accepted in writing. An accepted order can only be varied or cancelled with the Company’s consent.
The Client will pay the Price plus VAT at least 1 week before agreed start date.
If credit is granted and the Client fails to make any payment when it is due then, without affecting any of the Company’s other rights or remedies, the Company is entitled to: cancel the Contract or suspend performance of the Contract; withdraw all credit facilities extended to the Client and require immediate payment of the balance outstanding.
The Client may cancel the contract or any part of the contract at any time before commencement of the distribution providing the material has not yet been allocated and collected by Personnel. If the material has already been allocated or any part of the contract has already been transferred to personnel and the delivery has started, then this part of the contract can not be cancelled and the material will be delivered.
Where a cancellation is accepted by the Company, the material must be collected from the Company’s distribution hub or a charge will be made for the return of any material to the Client. Monies paid by the Client for that part of the distribution will be credited to the Client’s account. If a refund is required, monies paid by the Client will be refunded minus a 20% cancellation fee of the contract value.
- Promotional Material
The Client must supply sufficient promotional leaflets or materials (“Promotional Material”) to perform the Contract at least 1 week, but not before 2 weeks, ahead of the agreed start date. The Client must deliver the Promotional Material to the address stated by the Company. All promotional material must be securely boxed.
All boxes must be labelled clearly on the outside with the Clients company name, the invoice number provided by the Company as well as the number of promotional material items contained within the box. If the Client is providing different types of material which apply to a single invoice number, the Client MUST label each box with the relevant information to allow the Company to ensure the items are stored appropriately. The Company will not be held responsible for any mistakes or errors in the distribution process arising from boxes being incorrectly labelled or not labelled at all particularly in the case that different types of leaflets have been provided.
On receipt of the materials, all materials will be ‘counted’ using precision counting scales. The Company will notify the Client of any significant discrepancies between items received and the items invoiced. The Company will also provide the Client with a choice of whether to recycle the material, keep it for a future distribution/add to current invoice or collection by the Client. Unless Clients’ wishes are received before the end of the distribution, all surplus material will be recycled 14 days after the round is completed without further reference to the Client and without further liability.
The Client warrants that Promotional Material will not infringe any copyright or intellectual property rights of a third party and will not be abusive or indecent or defamatory. The Client will indemnify the Company for and against any loss, damage, costs, expenses or other claims arising from breach of this warranty.
- Distribution Types
Plus 1 – The distribution will be carried out with one additional Client’s leaflet. The Company reserves the right to include an Abracadabra recruitment leaflet in addition to the one accompanying Client leaflet in certain areas and certain rounds for the combined purpose of recruiting new staff and as an additional means of backchecking deliveries.
Plus 2 – The distribution will carried out with up to 2 additional Client’s leaflets. The company reserves the right to include an Abracadabra recruitment leaflet in addition to the maximum 2 accompanying Client leaflets in certain areas and certain rounds for the combined purpose of recruiting new staff and as an additional means of back checking deliveries.
Plus 3 – The distribution will carried out with up to 3 additional Client’s leaflets. The company reserves the right to include an Abracadabra recruitment leaflet in addition to the maximum 3 accompanying Client leaflets in certain areas and certain rounds for the combined purpose of recruiting new staff and as an additional means of backchecking deliveries.
Solus – The distribution will be carried out with no other Client’s leaflets.
Solus, Plus 1, Plus 2 & Plus 3 are not delivered with other material which is directly competing.
Solus & Plus 1 have an estimated delivery window of 2-3 weeks. Plus 2 and Plus 3 have an estimated delivery window of 4-6 weeks.
Solus & Plus 1 benefit from bespoke mapping and demographic targeting.
Plus 2 & Plus 3 offers distribution within the clients postcode area of choice. However it is at the discretion of the provider where exactly within the postcode the clients leaflets are delivered.
Customers may occasionally provide 1 item which includes an insert within their material. This is counted as 1 item and we reserve the right to include such items into our distribution services including Plus 1, Plus 2 and Plus 3.
- Additional Costs
The Client must, on request, pay any additional cost to the Company in supplying the Services caused by: any breach or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond the Company’s reasonable control; any change in dates of the supply of the Services which the Client requires; or any delay caused by the Client’s instructions or the Client’s failure to give the Company adequate information or instructions when the order has been accepted or any other time.
- Insolvency of Client
Should the Client become insolvent; has a receiving order issued against him; commits an act of bankruptcy or makes any arrangement with his creditors; goes into liquidation; or the Company has reasonable grounds to suspect that the Client is about undergo any of the above events, the Company can upon written notice cancel the Contract. In addition, any Price or part Price due in respect of the Services already performed which was not paid in advance becomes immediately due and payable.
The Company warrants that it will use its reasonable endeavours to procure the doorstep delivery of the Client’s Promotional Material to addresses in the geographical locations agreed by the Parties (“Location”) by means of selecting personnel to perform such duties (“Personnel”).
The Company warrants that it will use reasonable skill and care to select Personnel to deliver Promotional Material. Personnel will carry GPS loggers that for tracking purposes.
The Company is not able to guarantee timelines (unless it is has agreed to do so in writing), however, every effort will be made to achieve the estimated timelines with the resources that are at the Company’s disposal.
The Company will make every effort to meet the agreed deadline for Guaranteed Services. However, in the event that a proportion of leaflets are delivered after the deadline has passed, The Company will offer a pro-rata refund for the number of leaflets delivered after the deadline date.
The Company cannot guarantee that all Promotional Material will be delivered or that all addresses within the agreed Location will receive Promotional Material for reasons such as access issues to particular properties, residents wishes not to receive leaflets/flyers or any other similar restrictions.
Money Back Guarantee – All our distributors are required to carry a GPS logger for the purposes of tracking all deliveries and providing a post-delivery report to our Clients. This is backed up by our Money Back Guarantee. If we are unable to prove that we have delivered the number of leaflets that has been invoiced and paid for, our Money Back Guarantee means we will re-imburse to the Client the cost of distribution only for any proportion of leaflets for which we are unable to provide the GPS delivery report or any substantiating paperwork which is used as a means of backup.
The Client grants the Company exclusivity to perform the Services using Personnel and it is a condition that it will not attempt to contract, or will actually contract, with the Personnel direct.
- Force Majeure
The Company is not liable to the Client for any failure or delay under the Contract which is beyond its reasonable control such as inclement weather conditions or illness of Personnel.
- Third Parties
Each Contract will only confer rights and benefits on the Client and no third party can acquire rights or benefits under the Contract or these Conditions.
The Contract may not be assigned by the Client, but the Company may assign or sub-contract all or any or its rights or obligations.
Should the Company waive any breach of these Conditions or the Contract caused by the Client, it will not be treated as waiving any subsequent breach of the same or any other provision.
- Entire Agreement
These Conditions and documents referred to in them are the entire agreement between the Parties and replace any previous agreements between the Parties.
- Law and Jurisdiction
English law governs these Conditions and each Contract and the Parties agree to the exclusive jurisdiction of the English Courts.