Legal

Mr Flyer Ltd Terms & Conditions

Although at Mr Flyer we have excellent relationships with our clients, in the unlikely event of a dispute arising it is important to have clarification of terms and conditions from the outset.

Carrying out any of the services from Mr Flyer deems acceptance of these terms which form part of the contract between us. These take precedence over any other terms and conditions, express or implied, that you or your company may follow as general practice, or send to Mr Flyer unless such terms and conditions are accepted by the MD of Mr Flyer in writing. No addition or variation to these terms and conditions will be binding unless it is agreed by the MD of Mr Flyer in writing. We reserve the right to amend or vary these terms and conditions at any timewithout notice but if they are amended, we will send you an updated copy.

  1. Confirmation of Contract

    Mr Flyer will assess your requirements and generate a quotation for the work to be carried out, the budget and desired timeframe. Once the quotation is agreed upon, a campaign agreement will be created, which will form the basis for the contract between you (the client) and Mr Flyer. Any amendments required may generate a new quotation. A job will only be confirmed once the campaign agreement has been signed.

  2. Contracting on behalf of another client

    Mr Flyer will assess your requirements and generate a quotation for the work to be carried out, the budget and desired timeframe. Once the quotation is agreed upon, a campaign agreement will be created, which will form the basis for the contract between you (the client) and Mr Flyer. Any amendments required may generate a new quotation. A job will only be confirmed once the campaign agreement has been signed.

  3. National Door to Door Distribution (fulfilled by Royal Mail)

    1. Our partnership with the Royal Mail: We are affiliate with Royal Mail and as such are authorised to purchase their Door to Door Service on your behalf. The Door to Door Service is the service Royal Mail provide for delivering customers’ unaddressed items. With this service, we do not guarantee to deliver the items by a certain date or time.

    2. The Agreement to use the Door to Door service: When booking a delivery of flyers on this service, your agreement is made up of:

      a) The preface - the part of the agreement that records the number and weight of your items you want to deliver and the relevant charges

      b) these terms and conditions

      The agreement will commence on the date we receive written confirmation and payment. By so confirming and paying, you will be considered to have read, understood and agreed to these terms and conditions. Once the agreement has commenced, you cannot make changes to it. No refunds can be provided if you decide to cancel.

    3. Discrepancy in delivery totals: We allow for a 5% difference (under or over) in the estimated total number of items Royal Mail will deliver. If the overall total actually delivered falls short by more than 5% of the estimated total, you will receive a credit, equal to the amount of the shortfall.

    4. Competition: Royal Mail will deliver your items with up to 4 others from non-competing businesses. The competition element is determined on a category basis, which is agreed upon as part of the campaign agreement. The only exception to this is in the case of a multi-ad item. Where a multi-ad item is distributed alongside your materials, no guarantees can be made regarding competing businesses.

    5. Credit Checks: As part of using the Royal Mail service, a credit check will be carried out on you or your business.

    6. Liability: Where Royal Mail fail to make a delivery, through no fault of your own or through no events outside of our control (see clause 15), you will be entitled to compensation. The amount of compensation you receive will depend on how much of the delivery was affected.

    7. Delivery Dates: When making a booking for the earliest possible delivery slot, you will be provisionally booking that slot. Until Royal Mail confirm there are no pre-booked competitors for your chosen dates, your slot will remain provisional. Part or all of your delivery may go out at a later date. We do not guarantee to deliver your itemsby a certain time or date (see clause 3.1)

    8. Cancellations: Once a campaign agreement has been signed, your booking will be confirmed. Any request for cancellation (either in part or for the entire order) will be subject to cancellation charges. If the request is made prior to the distribution materials being handed over to the Royal Mail, the cancellation charge will be for 50% of the distribution total. If the request is made after the materials are handed over, the cancellation charge will be for 100% of the distribution total. In the event of the latter, this then becomes a recall request, wherein Royal Mail cannot guarantee the non-distribution of the materials and any materials ceased from being distributed will be disposed of.

  4. Direct Mail:

    1. Database of customer information:
      When purchasing a database of personal information:

      a.) all data is fairly obtained in accordance with the Data Protection Act 1998

      b.) no warranty is given regarding the accuracy or completeness of individual addresses, names or numbers or that any listis a complete compilation of persons or establishments within a particular category

      c.) Mr Flyer undertakes to update data regulary in respect of the list supplied

      d.) All lists have been scanned against the TPS and CTPS registers and will be up to date with these registers for 28 days after supply

      e.) Any request for information on how an individual’s name was obtained will be dealt with in a maximum of 40 days

      f.) Mr Flyer agrees to record and mark any request for suppression of an individual from the list

      g.) Posting of mailings to any names on the list provided must first take place within 6 months of receiving the list

      h.) The lists or parts of lists are licensed by and copyrighted to the supplier. The number of usages and length of licence will be agreed with you prior to purchase.

      i.) Where there are Post Office returns of 2% of business addresses or 5% of residential addresses, you will be entitled to a partial refund of the cost of the list

      j.) Where applicable, some lists will have a minimum purchase charge. This will be made clear to you prior to purchase.

    2. Timing
      Once artwork is received and approved, all mailings can be posted to arrive in as early as 10 working days. This however is not guaranteed.

    3. Quantities: There is a minimum purchase quantity per mailing of 1000 units.

    4. Cancellation: No refund will be given in respect of any design work started and an administration fee will apply should you decide to cancel at any stage.

  5. Design work

    1. A design brief will be created by Mr Flyer outlining the requirements of the work based on a discussion with the client. Whether written or verbal, you accept responsibility for any ambiguities or inaccuracies in the resulting design and Mr Flyer reserve the right to increase the fees, including any further costs incurred for redesigns if you surpass the agreed upon number of two reworks. In these circumstances any later changes to the brief must be communicated to us as soon as possible, with allowance for an increase in fees where necessary.

    2. Any artwork done by Mr Flyer must be approved in a timely manner to ensure the printing deadlines are met.

    3. If you are providing artwork for Mr Flyer to print, this must be provided in PDF format and be print ready. If not, you may be subject to an additional charge for Mr Flyer to make it print ready.

    4. We must receive any artwork you are providing at least 3 weeks before the delivery date (unless stated otherwise). You accept that any artwork submitted after this time can affect the delivery date and could incur further charges.

    5. Intellectual Property: The intellectual property rights in the work shall remain the property of Mr Flyer until such time as the work has been paid for in full, in cleared funds. Once all the fees are paid in full, the intellectual property in the work will automatically transfer to you but we reserve the right to use samples of your work to promote our services to other clients. The intellectual property rights in the brief information provided and literals shall at all times be the property of the client.

  6. Printing

    1. Mr Flyer shall not be required to print any matter which in our sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.

    2. We reserve the right to refuse to print any matter which in our opinion may be prejudicial or detrimental to the good of Mr Flyer or our partners.

    3. We shall be indemnified by you, the client, in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed for you and/or your agents. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.

    4. You accept that colour variations are inherent within the printing process for files submitted. You also understand and accept that computer hardware setups are such that we cannot guarantee that the product colours will match those displayed on your computer screen during the ordering process.

    5. Due to the nature of the printing process, we shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. You accept that due to the ink tolerances involved in the four colour printing process, slight variance in finished printed colour is inevitable.

    6. Due to the nature of the printing process, there will sometimes be an overprint of materials. We reserve the right to use part or all of this overprint for marketing purposes or to dispose of these as necessary. Prior to disposal, we may provide you with the opportunity to collect any surplus from our office, or have them delivered to you (fees may apply).

    7. With the print process, there is a tolerance of 5%. We will often offset this by sending to print a larger quantity than required, however cannot guarantee the full quantity ordered. If there is a shortage of printing greater than 5% of the work we are commissioned to carry out, Mr Flyer will either reprint the shortfall required or issue a credit to the value of the difference.

    8. Once artwork has been submitted or approved for print, you, the client accept full responsibility for any artwork errors. To avoid delays, Mr Flyer will usually send the artwork to print in a timely manner. Once the print process has started, no cancellation or refunds of the printing costs can be given, other than in the event of printing errors or shortages, as outlined above. The client will bear the cost, should a redesign or reprint be required due to an artwork error.

  7. Delivery Details

    1. Arrangements: All arrangements with Mr Flyer must be made in writing prior to a distribution. The week commencing date arranged for distribution is agreed with the client in writing. We hold the right to change the date if an unforeseen circumstance arises (see clause 14). In this instance we would give prior notice to the client. We never guarantee to complete by your requested date.

    2. Surplus Leaflets: If you provide us with more leaflets than needed then we reserve the right to recycle or dispose of them. We may give you the opportunity to collect the additional material for a 30 day period, or they can be held for the next distribution.

    3. Suitability of Leaflets or Advertising Material: We only accept material that we deem to meet the British Codes of Advertising. At Mr Flyer we will not accept any material of a sexual nature, racist or to have any offensive language on. Mr Flyer retains the right to refuse any material for distribution, which we consider to be inappropriate.

  8. Deadlines

    Mr Flyer will use all reasonable endeavours to provide a professional service by the agreed deadline, but time shall not be of the essence. If for whatever reason, we cannot make the deadline we will inform you as soon as this becomes apparent. Equally, should the failure arise as a result of any direct or indirect acts or omissions by you, for example you do not provide us with artwork or your printed leaflets in time, we will not be liable for failing to make the deadline: and you may still be charged in full.

  9. Fees, Invoicing and Payment

    1. A quotation will be generated by Mr Flyer for each service provided, based on your requirements. Quotes are correct at the time of sending and may be subject to change. Any acceptance of an old quote will not be deemed as acceptance of the contract until you have been notified of any changes and an updated campaign agreement is signed to reflect these changes.

    2. All work is invoiced on agreement, unless otherwise agreed in writing and verified by Mr Flyer.

    3. All invoices must be paid in full or a Direct Debit agreement completed by the due date shown on the invoice. No work can be processed until either of these are completed. Failing to complete either of these actions by the due date could delay the start of your distribution.

    4. We reserve the right to charge interest at 8% above base on any late payment of an invoice which shall accrue from the date the fees are due until the date of payment. We also reserve the right to terminate the contract in relation to future work if the client fails to settle the account within 7 days of the due date for payment.

    5. Prices may be subject to Value Added Tax (VAT) depending on what service you purchase (as governed by the laws of England and Wales); this will be shown on your invoice.

    6. Any invoices that are unpaid after one month of the due date will automatically be escalated, which may lead to a CCJ.

  10. Errors and Literals

    1. Once a product or service is completed the client accepts responsibility for any further processes in which this work is used, including without limitation, marketing, printing, online publication etc.

    2. With design work, Mr Flyer is not responsible for errors or literals occurring in this work or projects related to it, after acceptance of this work or for any claims that the work breaches the intellectual property rights of any third parties and the client agrees, to indemnify and keep Mr Flyer indemnified against any costs, losses, expenses or otherwise incurred and any claims brought about as a direct or indirect consequence of the preparation, process or use of the work.

    3. With print work you will first have a proof which you must confirm is correct before any printing is carried out. We are not liable for any errors thereafter.

  11. Liability Limitations

    1. Nothing in the contract or these terms and conditions shall exclude or limit our liability for death or personal injury caused by staff negligence or for fraud or fraudulent misrepresentations.

      Subject to the paragraph above:

    2. Mr Flyer shall under no circumstances be liable to the client whether in contract tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or indirect or consequential losses arising under or in connection with the contract, these terms and conditions and/or the work.

    3. Mr Flyer’s total liability in respect of all other losses arising under or in connection with the contract, these terms and conditions and/or the work in each year whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in no circumstances exceed the amount received in cleared funds, in aggregate by way of fees for the work undertaken.

    4. Mr Flyer’s ethos is to act in a client's best interests in relation to generating a good response from the services we provide. However, owing to the number of variables that affect the success of any marketing (not just print marketing), Mr Flyer will be excluded of all liability in relation to the number of responses received from a flyer distribution or the success of a campaign.

  12. Breaches and Insolvency

    Mr Flyer reserves the right at any time during the contract to terminate the contract for with and/or claim damages if the client breaches the contract or becomes insolvent within the meaning of the Insolvency Act 1986.

  13. Disputes

    Any disputes regarding the work shall, wherever possible, be resolved between us and each party will act in good faith to resolve it. Neither party shall proceed to litigation until they have used all reasonable efforts to resolve the dispute for a period of no less than 10 working days.

  14. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure).

    2. Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

      a) strikes, lock-outs or other industrial action;

      b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war;

      c) extreme weather conditions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

      d) impossibility of the use of means of public or private transport;

      e) impossibility of the use of public or private telecommunications networks; and

      f) the acts, decrees, legislation, regulations or restrictions of any government.

    3. Our performance under any contract is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring Force Majeure to a close or to find a solution by which our obligations under the contract may be performed despite Force Majeure.

  15. Law and Jurisdiction

    Contracts for the purchase of products or services will be governed by the laws of England and Wales. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

What our customers say

We used Mr Flyer for our new business cards and within a week had used them again for some further cards. Their quality as well as turnaround was first class, and they also provided very good value for money. I would have no issue in recommending Mr Flyer to anyone requiring such a service.

James Didgiunaitis, Expion Recruitment

It was a pleasure to work with Mr Flyer after a number of poor experiences getting our communications out – staff are professional, helpful, flexible and customer focussed, with a robust check back service and reasonable rates into the bargain. We’ll be back!

Local Authority Project Officer, Leeds City Council

It’s the first time I have used Mr Flyer and to have achieved 50 new valuations from our first leaflet drop of 5,000 was beyond our expectations. Thanks Guys.

Paul Bottomley, Whitegates Estate Agents

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