Terms and Conditions
All material is accepted for distribution, printing and distribution or design, printing and distribution subject only to the following terms and conditions.
Applecarte Leaflet Distribution Services
Applecarte Leaflet Distribution Services is owned and operated by Applecarte Creative Group Limited a company registered in England and Wales (registered number 10755694) whose registered office address is at 5 Parsonage Farm, Yapton Road, Barnham, PO22 0BD.
General
In so far as the context admits these terms and conditions are deemed to be incorporated into any agreement entered into with Applecarte Leaflet Distribution Services for the provision of door to door leaflet distribution services.
Agreement – means the terms and conditions set out hereunder.
Client – means the individual firm or limited company specified to who the Services are to be provided.
Services – means the Printed Material and the services to be provided by Applecarte Leaflet Distribution Services in accordance with this Agreement (details of the services as set out below).
User – means the individual firm or limited company or other party as may be specified below that is to use the Services.
Leaflet Distributor – is the individual that will carry out the distribution of the material to the letterbox.
Distribution Areas – these are the areas that My Leaflet Drop have defined as the main distribution areas.
Distribution Routes – these are the area(s) that Applecarte Leaflet Distribution Services has designed that the Leaflet Distributor will walk in the process of delivering the printed material.
Arrangements
All arrangements made with Applecarte Leaflet Distribution Services must be made in writing before the commencement of the distribution, verbal agreements may be accepted but will have no validity in the event of a dispute.
Date of the agreement by Applecarte Leaflet Distribution Services to distribute the material is the date agreed with the client for the printed material to commence distribution to either residential or business letterboxes in the agreed area(s). The material must be with Applecarte Leaflet Distribution Services minimum of 5 working days or as otherwise agreed for distribution to commence on the agreed date.
The time that Applecarte Leaflet Distribution Services takes to distribute the material to residential households is usually stated on booking within an allotted time frame or within 30 days and may be subject to weather conditions/illness. Any delay will be sent in writing. If a specific start and completion date is required these dates must be agreed before commencement of the distribution.
Material accepted for distribution by Applecarte Leaflet Distribution Services will normally be carried out by its own distribution force or those following our Code of Conduct. Maps of the distribution areas are available from Applecarte Leaflet Distribution Services however we may agree from time to time to deliver into a specific area other, bespoke distribution, these must be agreed in writing before commencement of the distribution. If we are also doing design and printing please see appropriate terms.
Types of distribution
Shared Distribution: The distribution will be carried out with an unspecified number of other client leaflets which will as far as possible will be of non competitive nature.
Solus Distribution: The distribution will be carried out with no other client leaflets but the solus client material will normally be accompanied by a Applecarte Leaflet Distribution Services’s delivery leaflet at our discretion.
Business to Business Distribution: The distribution will be carried out with an unspecified number of other client leaflets which will as far as possible will be of non competitive nature.
Publication Distribution/Time sensitive materials/Bespoke Distribution: The client must advise prior to quotation if the material is dated or time sensitive, such material may be subject to a surcharge if Applecarte Leaflet Distribution Services are not advised at the time of the quotation. If the material is dated or time sensitive Applecarte Leaflet Distribution Services do not accept responsibility for late delivered material.
Price
Price is the rate quoted for carrying out the distribution taking into consideration the size and weight of the material and the length of time agreed for the distribution to be carried out. The price quoted in writing will be held good for 30 days from the date of the quotation.
Number of households
The number of households in each Applecarte Leaflet Distribution Services delivery area has been calculated using postcode information from the Royal Mail Postal Address File. The number of households have been split into unique areas so you can target more effectively.
Level of distribution
Applecarte Leaflet Distribution Services will use its best endeavours to achieve 100% percent coverage to letterboxes in the defined area. However due to the logistics of delivering unaddressed material and the location of letterboxes the leaflet distributor may not always be able to find all letterboxes in the defined area, therefore the level of distribution may be less than 100%. In all circumstances Applecarte Leaflet Distribution Services cannot guarantee to reach every letterbox in the defined area but it will carry out its best endeavours to reach the maximum level of penetration.
Circumstances for non-delivery
There are number of reasons why an individual property might not receive an item;
The material is unaddressed and therefore the Applecarte Leaflet Distribution Services Distributor may not realise that they have not delivered to a specific property. The property in question may not have a letterbox or in easy view at the property. If the property is multi occupancy ie a converted house or block of flats it may not be possible to gain access. If there is building works or a warning of a dog at the premises Applecarte Leaflet Distribution Services will at its discretion not attempt to deliver to the property. If there is a notice at the property advising that the resident or residents do not wish to receive unaddressed material.
Overs and shortfalls
The number of leaflets supplied to Applecarte Leaflet Distribution Services will be checked for accuracy. If there is insufficient material to complete the area we will deliver until the leaflets run out. If it is greater than the amount needed to complete the area nominated by the client the excess material will be retained and the client given the option to collect overs at his cost or to select additional area(s) to be distributed to. If not collected within specified time printed matter will be recycled.
Acceptance of advertising materials
Applecarte Leaflet Distribution Services will not accept any material of a sexual, salacious or racist nature. All offerings made by the advertiser should be morally and legally acceptable. Applecarte Leaflet Distribution Services retains the right to refuse any material for distribution that it considers unacceptable or inappropriate.
Payment
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. Payment is to made to Applecarte Leaflet Distribution Services, it’s Limited Company Applecarte Creative Group Limited on receipt of invoice (or prior to receipt, where the agreed cost has been stated). For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Applecarte Leaflet Distribution Services reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment. Payment is expected from the client on the basis that Applecarte Leaflet Distribution Services and it’s Leaflet Distributors provide a highly reliable leaflet distribution service and payment cannot be a condition of the level of response or number of enquiries received to the campaign or the leaflet distribution.
Storage of material
The material for distribution by Applecarte Leaflet Distribution Services 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 client company in the event the insurers of Applecarte Leaflet Distribution Services refuse to pay on any individual claim for loss or damage to material made by Applecarte Leaflet Distribution Services on their insurers. Applecarte Leaflet Distribution Services will not be held responsible in any way for the security or otherwise of material held by its franchisees on behalf of their client(s)
Cancellation
Once a contract has been confirmed by the client either by telephone or email, arrangements will be made for the distribution to take place in accordance with timescales agreed between Applecarte Leaflet Distribution Services and the client. If the client is also booking our design and printing service time must be allocated prior to the distribution for the printed material to arrive at Applecarte Leaflet Distribution Services’s office and be got ready for distribution. Design and printing schedules will be agreed prior to distribution taking place.
Where the client cancels a contract a 100% cancellation fee will be applied to the contract where design and printing has been authorised and the order placed. Where the distribution of the material has been allocated and reserved a 50% cancellation fee will be applied to the contract.
The client may cancel a distribution or any part of the distribution any time before the commencement of the distribution of the material providing the material is still in the possession of the Applecarte Leaflet Distribution Services office. However if the material has been transferred to the Leaflet Distributor(s) who has been allocated to carry out the distribution then that contract or part of that contract cannot be cancelled and the material will be distributed.
Applecarte Leaflet Distribution Services retains the right to cancel a booking at any time.
Data Protection
By placing an order with Applecarte Leaflet Distribution Services, the customer consents to its details being passed on to Applecarte Leaflet Distribution Services for accounting and marketing purposes. The details will be kept by Applecarte Leaflet Distribution Services even after the customer’s trading relationship with Applecarte Leaflet Distribution Services has terminated. Applecarte Leaflet Distribution Services may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Applecarte Leaflet Distribution Services consider may be of interest to customers. You may opt out at any time by Contacting Us.
Indemnity
The client shall indemnify and keep indemnified Applecarte Leaflet Distribution Services 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.
Force Majeure
Applecarte Leaflet Distribution Services shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Applecarte Leaflet Distribution Services elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Assignment and subcontracting
The rights granted to the Client hereunder are personal to it and the Client shall not assign or grant any rights in respect of or otherwise deal in the same Applecarte Leaflet Distribution Services 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 Applecarte Leaflet Distribution Services shall be deemed to include to such assignee or subcontractor.
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.
Severence
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.
Law
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Applecarte Leaflet Distribution Services and the customer into which these terms are incorporated.