Terms and Conditions of Service
1.1. ASA Distribution is a trading name of Marketize Ltd hereafter is described as “the company”, “our” or “we”.
1.2. The customer or customers listed on the Distribution request form &/or Client Account application hereafter described as “the customer” or “client”.
The item to be delivered
2.1. must be a single sheet, unless prior special arrangements were agreed.
2.2. not contain staples, pins or attachments
2.3. must not be less than A7 & not more than A1 in size
2.4. must be less than 400g in weight per leaflet
2.5. all flyers to be identical in size & weight
2.6. must have a single business advertised
2.7 unless otherwise stated, any quote issued will be for materials weighing 80 gsm per page
2.8 quotes are provisional and advisory therefore they are not guaranteed and may be subject to changes in accordance to the size and weight of the material after this has been assessed or the information regarding its weight and size has been provided
3.1. Bookings are accepted verbally or via written confirmation by receipt of a completed campaign order form returned by email, fax or post.
3.2. All promotional material stock must be delivered to ASA Distribution, Millmead Business Centre, London N17 9QU. no later than 6.30 p.m. on the agreed date.
3.3. For any orders where printing has been arranged or where the distribution value exceeds £250, the company will collect from the customer’s address or local printer within London free of charge. For smaller distributions or larger distances, collection or delivery or excess material may be charged at £1 per mile.
3.4. No carton should exceed 15kg in weight
3.5. Each carton or bundle must contain only identical Items
3.6. Each carton or bundle shall be clearly labelled with the customer’s name
3.7. Should there be more than one job or campaign being handled concurrently, the job number or distribution area must also be clearly visible on the outside of each carton.
3.8. The cost for distribution is for the specified number of leaflets packaged securely and subject to the agreed specifications as per these terms & the confirmation of order. The company reserves the right to make an additional charge or to remove from the distribution schedule, any stock not within the agreed specification.
3.9. In the event of delay or error in the quantity of items supplied, distribution will be carried out at the next earliest subsequent opportunity. The company will advise the client as early as possible of any delays or incidence of short/over supply. If the material to be distributed defers significantly from the information on the submitted order form or as previously agreed verbally or otherwise when the material is delivered or collected we reserve the right to cancel the distribution campaign and or charge the client any difference in order to complete the work. In the event the distribution campaign is cancelled due to incorrect description of the material to be distributed, the client is required to pay the collection charge in addition to any administration cost affected by the cancellation of the campaign.
4. DISTRIBUTION AND GPS TRACKING
4.1. Distribution usually take place within 1 week of the specified campaign start date, to households within the maps or postcodes defined in the client’s submitted order form. All reasonable efforts will be made to deliver to addresses within the area however the customer acknowledges and agrees that access to certain properties may be restricted, prevented, or circumstances make it unsafe to deliver to and as such, it is made clear that no guarantees are given or implied under standard service & the company does not imply 100% penetration of addresses within any such area.
4.2. All reasonable effort will be made to distribute to each house in the chosen area within the timescale desired however as the work can be affected by weather conditions, If there is a particular deadline, this should be made clear as early as possible in the planning stage of the distribution.
4.3. Whilst every effort will be made to meet the agreed schedule, inclement weather or other circumstances beyond the company’s control may require varying both the method and the timing of the distribution.
4.4. Distribution is carried out, using UK postcodes and sectors. For more specific requirements, the company reserves the right to charge not more than £35 per map for alterations or amendments.
4.5. ASA Distribution utilises GPS technology to ensure the safe and reliable delivery of our client’s distribution media. We do not normally share the GPS data with our clients as it is an internal tool.
4.6. The Company will endeavour to carry out delivery of Stock between the Start Date and Finish Date as per the information on the order form. However the Company reserves the right to vary both the method and time of delivery at is discretion. Without limitation to the foregoing the Company shall not be liable for any delays in distribution and/or non-distribution caused by circumstances beyond the Company’s control.
4.7. The Company warrants that it will use its reasonable endeavours to deliver its Client’s Promotional Material to the doorstep of businesses and or residential households to the addresses within the geographical locations agreed between the Parties. However, the Company is unable to guarantee that all Promotional Material will be delivered or that all addresses within the Location will receive Promotional Material. We confirm that the maximum achievable penetration level will be eighty percent. The Client expressly accepts this limitation of the Services offered on the basis of the extremely competitive nature of the Price and the limited warranty given in this Condition 4.7.
5. DISTRIBUTION QUERIES
5.1. In the event of any queries arising from the distribution, the company undertakes to investigate such queries provided that they are reported within a reasonable time frame of 48 hours and that sufficient information is made available by the client to conduct the investigation. The results of any such investigations will be reported to the client within 14 days. Any relevant documentation will be made available for inspection by the customer at the company’s offices.
5.2. In the event of any localised shortfall in distribution being identified, 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 customer in direct proportion to the identified shortfall in distribution. Under no circumstances will the company accept any liability in excess of the value of the distribution contract.
5.3. The customer acknowledges & agrees that the company cannot influence or control the response received from delivered items or in any way shall be held responsible for the number or quality of replies obtained. Further it is the exclusive responsibility of the customer to check the accuracy of the material delivered such as the telephone numbers &/or other response mechanisms prior to release to the company, failure to do so will not be acceptable as a reason to delay or withdraw the distribution, without being subject to the penalties described in clause 5.1.
5.4. Letterbox counts presented on our website is an estimate and should be used for guidance purposes only. The actual figures may vary considerably as a result of but not limited to newly converted flats, immigration, new buildings etc. Therefore we will not be held responsible for any shortfall in delivery to any given postcode sector.
6. CANCELLATION, ALTERATIONS & TERMINATIONS
6.1. Either party may terminate the contract, given 5 days notice, served on the other party’s last known main trading address, via email at the other party’s email address or verbally.
6.1.1. In the event of late cancellation breaching the requirement set out in 6.1, there will be no refund.
6.2. One month’s notice should be given for any cancellation or alteration to distribution, without penalty. If this notice is not provided, the company reserves the right to recover any reasonable costs related to the planned distribution.
6.3. Distributions will be ceased immediately & without notice to the customer or penalty to the company, if the customer, being an individual, is the subject of an interim order, suffered the making of a Statutory Demand or petition for bankruptcy order or the customer, being a firm, partnership or company, has an administrator or receiver appointed, is served with a winding up order, the firm is dissolved or makes any composition with its creditors, all monies owed to the company fall due immediately.
7.1. Orders are only accepted subject to full prepayment via cleared funds, unless previously agreed in writing by the company & subject to a satisfactorily completed account application form.
7.2. No Set-Off will be allowed for any reason.
7.3. Dishonoured Payments will incur a charge of £35.
7.4. Account payments not paid by the due date will be subject to a late payment surcharge at a rate of 20% of the invoice applied on the 5th day after the due date & on the same date each month thereafter
7.5. Failure to pay the sum due within terms may result in the suspension or cancellation of deliveries, whether confirmed or not, without notice. Cancellation of distributions will result in the charges being applied to the account as per Clause 5.1.1, 5.1.2 or 5.1.3.
7.6. If the customer, being an individual, is the subject of an interim order, suffered the making of a Statutory Demand or petition for bankruptcy order or the customer, being a firm, partnership or company, has an administrator or receiver appointed, is served with a winding up order, the firm is dissolved or makes any composition with its creditors, all monies owed to the company fall due immediately.
8.1. All orders are accepted subject to the content of the item adhering to the requirements of these terms & conditions.
8.2. The Customer must ensure that all Items conform to the latest version of our Regulations and any other relevant legislation, regulations or codes of practice.
8.3. The company reserves the right to cancel or refuse to accept any order, in full or part, without giving an explanation. The company will not accept for delivery items which infringe the Code of Advertising Practice or British Code of Sales Promotion Practice and will be guided by the Advertising Standards Authority on such matters.
8.4. The company furthermore reserves the right to refuse to accept and/or to Deliver Items, however presented, which, in its reasonable opinion:
8.4.1. Are likely to cause embarrassment to the company, its employees, contractors or the recipient
8.4.2. Bring or are likely to bring the company into disrepute
8.4.3. Are prohibited or restricted by law, regulation or guidelines of any sort
8.4.4. Do not comply with Clauses 2.1 to 2.6
8.4.5. Are Dangerous or endangering members of staff
8.5. Unless otherwise stated, the price quoted applies only to the distribution of items on behalf of individual advertisers and/or businesses who are promoting their own goods, services, functions etc. via material specifically printed on their behalf.
8.6. If the material is to be delivered within a shareplan scheme, marketing for any further businesses or services must be advised at the time of booking & will be charged at an additional 10% per major business sector.
8.7. Material that contains multiple adverts must be identified at time of booking and may be required to be delivered by solus distribution, to avoid conflict of trade.
8.8. Failure to advise of additional ranges of products or services that may conflict with the business exclusivity agreement may result in the distribution not being made and the resultant cancellation charges applied or delay until the next suitable delivery.
9. Complaints Procedure and Guarantees
9.1. Any complaint regarding delivery and or distribution must be reported within 48 hours after the completion of your campaign.
9.2. All complaints must be submitted via the email address email@example.com or by post via the address Millmead Business Centre, London N17 9QU. Complaints submitted by post must be addressed to the ‘Complaints Management Officer’. We can take up to 30 days to investigate and resolve reported complaints received.
9.3. ASA distribution cannot and will not guarantee delivery to all letterboxes within a postcode sector, town or areas apart of any distribution campaign.
9.4. ASA Distribution will reprint and redistribute a client’s promotional material or provide a refund only in the event:
9.4.1. We have not provided confirmation delivery maps via the client access portal as proof of deliver for a campaign
9.4.2. The complaints procedure was followed according to clause 9.1 and 9.2 as above.
9.4.3. There is clear indisputable evidence to suggest the campaign in question was not delivered.
188.8.131.52. A sample of 1 – 49 households for verification purposes will not be sufficient and will not be accepted as sufficient evidence for non-delivery claims as a minimum of 1% households throughout the entire distribution area would have to be verified in order to constitute a sufficient sample to ascertain completion. Checks conducted later than 48 hours after the distribution of the leaflets to that area will have a significantly lower chance of a positive response despite receiving leaflets, therefore cannot be accepted.
9.5. Letterbox counts provided to clients via our websites or in writing are an estimation and should not be considered as actual quantities. The company uses various agencies, including Royal Mail to estimate the number of letterboxes within postcode sectors and or specific geographical areas, as the data is provided by third parties. As a result ASA Distribution does not guarantee the accuracy of letterbox counts.
9.6. In the event of the publication and/or distribution of defamatory/derogatory information pertaining to the ASA Distribution brand without the due course of the complaints procedures being pursued first the contract between ASA Distribution and the Client will thereafter become void and the full cost of campaign will be charged in cancellation fees.
10.1. These terms and conditions are the basis on which the distribution contract is accepted and where any conflict may arise will be deemed to override any other Terms and Conditions related to this contract.
10.2. These terms, conditions & agreement as a whole are deemed to have been made in England & is subject to English Law. All parties agree to submit to the exclusive jurisdiction of the English Courts.
10.3. All notices & other communications for the company should be delivered to Marketize Ltd T/A ASA Distribution, Millmead Business Centre, London N17 9QU.
10.4. The failure of the company to enforce or exercise, at any time or for any period, any term of or right arising from the agreement does not constitute nor should it be construed as a waiver of that clause or right and shall not affect the company’s right to enforce or exercise it at a later date.
11.1. When communicating with ASA Distribution you agree that all conversations via email or telephone are recorded and used for internal monitoring and/or legal purposes.