JogPost Ltd. Conditions of Service
1 – General
1.1 Unless otherwise agreed in writing, these conditions (“Conditions”) apply to all transactions (“Contract”) for the supply of services relating to leaflet distribution work (“Services”) by JogPost Limited (“the Company”) to a client (“the Client”) (together “the Parties”) for the life of the business relationship.
1.2 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.
2 – Price
2.1 The price of the Services (“the Price”) is the Company’s quoted price and is exclusive of VAT. Quotations will be valid for 30 days from issue. The Company is only bound by orders which it has accepted in writing. An accepted order can only be cancelled or varied with the Company’s consent. In most cases cancellations are subject to a £150 + VAT cancellation fee per shift.
2.2 Unless the Company agrees otherwise, the Client will pay the Price plus VAT in advance, and it is their responsibility to ensure that the Company receives the full cleared funds before 3pm the day before the distribution date. If the payment has not been received in full, the distribution will automatically be cancelled and a £150 + VAT cancellation fee per shift will apply.
2.3 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 the performance of the Contract; charge the Client interest at 8% a year above National Westminster Bank PLC’s base rate at the time on all unpaid amounts; withdraw all credit facilities extended to the Client and require immediate payment of all outstanding invoices whether or not these are due for payment; and/or cancel and withdraw any trade or other discount allowed on the Price.
2.4 JogPost’s regular prices are 6.25p per leaflet for everything over 10,000. This price is for leaflets weighing up to 15g each. Leaflets above 15g are charged on bespoke basis. It is the responsibility of the client to check the weight of their marketing material prior to distribution and inform the JogPost head office if it is outside of our usual maximum weight.
3 – Promotional Materials
The Client must supply sufficient information to enable the Company to proceed with the execution of the Contract. The Client must supply promotional leaflets or materials (“Promotional Material”) to the address stated by the Company and insure against the accidental loss or damage by the Company of the Promotional Material. The Company has no liability for any loss or damage to Promotional Material, howsoever caused. The Client warrants that Promotional Material will not infringe the copyright or other 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.
3.1 The Company may destroy any surplus items without reference to the Client and without further liability. Any Items forming part of a Distribution which is cancelled after they have been processed and dispatched from the Handover Point may not be returned to the Customer intact or at all.
4 – Additional Costs
The Client must, on request, pay any additional cost to the Company in supplying the Services caused by: any breach, default, delay 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 the 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 the quotation or at any other time.
5 – Insolvency of Client
The Company may upon written notice to the Client end the Contract: if the Client is an individual and he dies; has a receiving order made against him, or commits an act of bankruptcy or makes any arrangement with his creditors; if the Client is a company it calls a meeting of its creditors; goes into any liquidation; has a receiver appointed over any of its assets or has an administration order made against it; makes any arrangement with its creditors; or the Company has reasonable grounds for suspecting that the Client is about to undergo any of the above events. In addition, any Price or part of the Price in respect of Services already performed which was not paid in advance will immediately become due and payable.
6 – Warranty
6.1 The Company warrants that it will use its reasonable endeavors to procure the doorstep delivery of the Client’s Promotional Material to addresses in the geographical locations agreed between the Parties (“Location”) by means of selecting personnel to perform such duties (“Personnel”).
6.2 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 minimum number of items delivered is set at eighty percent. This limit is set to take into account areas with more sparsely spread residencies, and adverse weather conditions. 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. The Client is paying for the services of our set distribution sized teams, and NOT the guaranteed delivery of the agreed number of leaflets.
6.2.1 The Company will Endeavour to carry out distribution of marketing materials on the agreed Date but the Company reserves the right to vary both the time and date of delivery at its discretion within one week either side of the agreed distribution date. 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.
6.3 The Company warrants that it will use reasonable skill and care to select Personnel to deliver Promotional Material. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. However the Client understands that sometimes mistakes will happen and the Company is not fully responsible or liable for the actions of each individual staff member. The Company endeavors to implement systems that reduce wastage of materials, however cannot guarantee that each member of staff will carry out a 100% perfect distribution.
6.4 In instances where clients request skipping of council estates or houses with ‘no junk mail’ stickers JogPost cannot guarantee completion of the leaflets. Nor can JogPost guarantee all council estates or all houses with ‘no junk mail’ stickers being skipped. This is an extra service that JogPost provides free of charge as a favour to our customers. Please note that you will be paying for the same size team as usual working the same length of time as usual, so in areas with a high density of council estates or houses with ‘no junk mail’ stickers there is a chance there will be more leftovers than usual. If more than 20% of leaflets (our usual minimum completion rate) are left over JogPost will store these in the warehouse until the next distribution. As always JogPost reserves the right to recycle these leaflets if left for longer than 6 months.
7 – Limitation of Liability
7.1 the Company is not liable to the Client because of any representation (unless fraudulent), or any warranty (express or implied), condition or other term, or any duty at common law, or under the express terms of the Contract, for:
7.1.1 any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings, expenses, costs or similar loss; and/or
7.1.2 any indirect, special or consequential loss or damage (whether for loss of profit or otherwise);
(whether caused by the negligence, breach of contract, tort, breach of statutory duty of the Company, its employees or agents or otherwise) arising out of or in connection with the Contract).
7.2 Any other liability of the Company to the Client in contract, tort, breach of statutory duty or otherwise arising out of or in connection with the Contract or any series of Contracts, is limited to the Price received by the Company in respect of the Contract or series of Contracts in question.
7.3 The Company will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Promotional Material or instructions supplied by or on behalf of the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client not attributable to the Company.
7.4 The Company has no liability under the warranties given in Condition 6 unless the Price for the Services has been received by the Company in full.
8 – Cancellation
The Client can choose to cancel the Contract at any time, subject to these cancellation charges:-
– With between two and one months left prior to the first day of distribution: 50% of the delivery charge subject to
a minimum fee of £150.00 + VAT per shift.
– With less than one month and more than fourteen days left prior to the first day of distribution: 75% of the delivery
charge subject to a minimum fee of £150.00 + VAT per shift.
– Within fourteen days prior to the first day of distribution: 100% of the delivery charge subject to a minimum
charge of £150.00 + VAT per shift.
9 – Exclusivity
The Client grants the Company exclusivity to perform the Services using Personnel and it is a condition of entering into any Contract that the Client will not attempt to contract, or will actually contract, with Personnel direct.
10 – Complaints Procedure
Any complaint in respect of the distribution must be made in writing (either in the post or an email) providing the name and full address (including 6 digit post code) of any alleged non-delivery or wastage of leaflets, and must be received by the Company within seven days of the Finish Date of the distribution giving full details of the complaint alleged. If the complaint relates to a distribution that is ‘staggered’ over a number of weeks or months, the above data must be provided with seven days of the Finish Date of the distribution phase in dispute. If the complaint is not received within that period the Company will not be able to undertake the appropriate action to investigate and remedy the complaint and the Company will not be liable to the Client for the complaint or any claim loss cost liability expense or demand arising there from. There have been many incidents in the past where people have made false accusations about distributions. With-out the full contact details it is impossible to consider such complaints as legitimate.
11 – Force Majeure
The Company is not liable to the Client for any failure or delay in performance of its obligations under the Contract which is beyond its reasonable control including any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken. The Company will inform the Client as soon as reasonably possible of any such occurrence.
12 – 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.
13 – Assignment
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.
14 – Waiver
Any waiver by the Company of any breach of these Conditions or a Contract by the Client will not be treated as waiving any subsequent breach of the same or any other provision.
15 – Entire Agreement
These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersede any previous agreements between the Parties relating to the subject matter of these Conditions. The Client acknowledges that in entering into a Contract subject to these Conditions, it has not relied on any representation, warranty, agreement or statement not set out in these Conditions and that (in the absence of fraud) it will not have any right or remedy arising out of any such representation, warranty, agreement or statement and that its only remedy for breach of these Conditions is for breach of contract under the terms of these Conditions.
16 – Law and Jurisdiction
English law governs these Conditions and each Contract and the Parties agree to the exclusive jurisdiction of the English Courts.
17 – Hand to hand promotions
JogPost carefully selects and trains all promotional staff. We receive constant feedback and appraisals of all our staff and try our upmost to ensure their work is carried out to the highest possible standard. Once the staff are booked in they are given full instructions by the JogPost head office. JogPost cannot be held responsible for the work carried out by our promotional staff as we are not there to supervise. We urge our clients to monitor the staff and send us feedback about their performance. In instances where the client is not happy with the performance of the staff booked JogPost does not issue refunds instead will provide a different staff member for the next shift with a 20% discount on the full price.