1. Definitions
1.1 Here’s what certain terms mean in these conditions:
- The Carrier: The company responsible for mailing items to people and organizations.
- The Customer: The organization asking to include Inserts in the Carrier’s mailings.
- Inserts: The promotional and advertising materials that the Customer wants mailing out by the Carrier.
- Order Confirmation: The document from Choose Your Leads confirming the Customer’s order for Inserts, including the price.
- Choose Your Leads: Choose Your Leads, located at 128 City Road, ECIV 2NX,
London(UK).
2. Application of Terms
2.1 These Terms and Conditions govern the dispatch of Inserts between the Customer and Choose Your Leads, overriding any other terms (including those on any purchase order or confirmation).
2.2 Terms included in the Customer’s documents won’t be part of this contract.
2.3 These conditions apply to all Inserts arranged through Choose Your Leads, and any changes must be agreed upon in writing.
3. Inserts
3.1 Orders from the Customer aren’t accepted until Choose Your Leads receives and signs the required paperwork.
3.2 The Customer must provide a sample of the Inserts, which will be submitted to the Carrier for approval.
3.3 The Carrier and Choose Your Leads have the final say on whether to accept the Inserts and don’t need to explain any refusals.
3.4 The Customer is responsible for the cost of delivering the Inserts to the Carrier’s warehouse.
3.5 The Customer should ensure that only the Inserts that can be processed in the current and next cycles are delivered.
3.6 The Customer must package the Inserts according to the Carrier’s guidelines.
3.7 Any extra costs incurred at the Carrier’s warehouse to handle the Inserts will be covered by the Customer.
3.8 Choose Your Leads will make sure the Carrier uses reasonable efforts to handle the Inserts as agreed.
4. Delivery of Advertising Inserts
4.1 The Customer must ensure the Inserts meet the delivery specifications provided by Choose Your Leads.
4.2 The Customer must deliver the Inserts in the correct quantity and by the date specified, following the delivery instructions.
4.3 Choose Your Leads and the Carrier can reject any Inserts that don’t meet the contract and delivery specifications.
5. Warranty and Indemnity
The Customer guarantees that: 5.1 The Inserts won’t be defamatory, offensive, obscene, racist, or violate anyone’s rights. 5.2 The Inserts and their distribution won’t infringe on any third-party rights, including intellectual property. 5.3 The Inserts will comply with all relevant laws and codes, including the British Code of Advertising Practice and the Data Protection Act 1988. 5.4 The Inserts will match the approved samples and delivery specifications.
5.5 The Customer agrees to cover any losses or costs incurred by Choose Your Leads.
6. Price and Payment
6.1 The Customer will pay to Choose Your Leads as directed, according to the rates in effect when the Order Confirmation is accepted.
6.2 If the Customer delivers more Inserts than ordered and they’re distributed, they’ll pay for the extras at the agreed rate. The Carrier’s count is final.
6.3 Prices may increase. If notified of an increase within a month, the Customer can either cancel the contract (paying for completed Inserts) or accept the new rates.
6.4 The Customer must pay any VAT as directed.
6.5 Payments are only considered received once cleared funds are in Choose Your Leads possession.
6.6 For overdue payments, the Customer will pay interest at 8% above Barclays Bank plc’s base rate, accruing daily. No further Inserts will be dispatched until full payment is received.
7. Cancellation and Customer Responsibility
The Customer can only cancel the contract with Choose Your Leads written agreement and under these terms:
7.1 If cancellation is accepted 60-90 days before the Mailing Date, the Customer pays 50% of the service price. If canceled within 60 days, the Customer pays the full price.
7.2 If fewer Inserts are delivered than agreed, Choose Your Leads may charge the full fee for the originally agreed amount.
7.3 The Customer or their agent must sign a delivery specification. If the Inserts don’t match the specification or approved samples, the Customer will be charged the full fee.
8. Limitation of Liability
8.1 Choose Your Leads and the Carrier aren’t responsible for:
- Errors or omissions in inserting Inserts.
- Damage or loss of materials provided by the Customer or a third party.
- Any loss or failure of an advertising program, except for death or personal injury due to negligence.
8.2 The Customer should have insurance for these risks.
8.3 Choose Your Leads and the Carrier can withdraw mailings without notice and won’t be liable for related costs or damages.
8.4 Their total liability is limited to the price paid for the Inserts.
8.5 They don’t limit liability for death or personal injury due to their negligence.
8.6 All other warranties or representations not explicitly included are excluded.
8.7 If any part of these terms is invalid or unenforceable, it will be removed, but the rest will remain in effect.
9. Miscellaneous
9.1 Force Majeure: Choose Your Leads isn’t liable for delays or failures due to factors beyond their control, such as natural disasters or industrial action.
9.2 Assignment: The Customer can’t transfer these terms to a third party without written consent from Choose Your Leads.
9.3 Waiver: Not enforcing rights or delays won’t be seen as a waiver of those rights.
9.4 Entire Agreement: These terms replace all previous agreements and representations. Choose Your Leads isn’t liable for any warranties or misrepresentations unless made fraudulently.
9.5 Variation: Changes to these terms must be in writing and signed by both parties.
9.6 Notices: Notices should be in writing, and sent to the registered office of Choose Your Leads or the Customer’s address. Notices sent by first-class mail are deemed delivered 2 days after posting. Notices can also be sent by email.
9.7 Governing Law: These terms are governed by English law, and any disputes will be settled in English courts.
