CONTRACT – TERMS AND CONDITIONS
These Terms and Conditions of John Turner Leisure Marketing Limited (“the Supplier”) relate to every contract for the hire or purchase of direct marketing services (“the goods”) by the Purchaser (“the Client”). All contracts for work with the Supplier are undertaken on these conditions and unless otherwise agreed in writing, these conditions shall override any conditions or terms stipulated, referred or incorporated by the Client in its order or negotiations.
All orders should be placed in writing. Work will normally commence only when a written order has been received either through the post, by fax or email or when a written confirmation has been despatched by the Supplier.
Copyright to all lists and telefiles attaches to the Supplier. No material supplied or part of it may be reproduced, copied or transmitted in any form or by any means or stored in any information storage or retrieval system nor may it be used either in whole or in part to prepare or compile other mailing lists or similar without the express written consent of the Supplier and all appropriate rights are reserved.
4. CONDITIONS OF USE
When addresses are supplied to the Client, it is on condition that they are not copied or handled by persons other than the Client’s own staff on their premises. Should lists be copied, or otherwise misused, Clients will be charged at a rate not exceeding £850 plus VAT per thousand addresses for each and every unlawful use. Decoys are contained in each list to detect illicit use. Lists are rented on a one use hire basis. If the data is leased for unlimited use for six or twelve months then the fee is due upon the delivery of the data. However, the Supplier undertakes to supply the Client with two further updates within the annual lease cost on dates mutually agreed, or upon demand. Where data is supplied, the Client will sign a declaration letter detailing intended use, confirming that the data will not be copied or passed to third parties without the Supplier’s written consent.
The Client is not allowed to make contact more than once for single use or multi contact beyond the twelve month licence unless the recipient has responded to the initial communication for single use or repeat communications in the case of a six month or annual lease. Where this occurs, the Client is permitted to retain the data and use again.
All quotations lapse after 30 days unless otherwise stated. Lists are supplied on the understanding that quantities may vary by +/- 5% of the quantities quoted. A corresponding adjustment in the charge will be made.
6. VALUE ADDED TAX
Value Added Tax will be included on all invoices where relevant whether included with the quotation or not.
7. SUPPLIED MATERIAL
The Client hereby warrants that any material delivered for mailing contains nothing which may constitute an infringement of copyright or which is defamatory or obscene, and the Client undertakes to indemnify the Supplier in respect of any claims, proceedings, costs or demands that may be made against the Supplier. The Supplier reserves the right to refuse to mail or deliver any material which in their opinion constitutes an infringement of copyright or is defamatory.
When Client’s Agents are placing orders with the Supplier they should be aware that they are acting as Principals within the contact.
Dates given for delivery are “best estimates” and are given in good faith. However, they are not guaranteed and time is not the essence of the contract.
10. CLIENT’S DATABASES
The Supplier will only undertake to hold Client’s addresses on computer if the Client has confirmed its registration with the Data Protection Registrar under the terms of the Data Protection Act 1984 and 1998.
11. PAYMENT TERMS
a) For all first time Clients, payment is required prior to despatch of the goods.
b) Where credit facilities have been agreed, payment is due within 30 days strictly nett.
c) Postage payments are always required in advance of the despatch of the mailing.
Any balance due to the Supplier on completion of a mailing for postage (that is where actual cost of postage exceeds the amount paid by the Client in respect thereof) is payable within 7 days of the date of invoice. Credit postage balances are deducted from the final account for all other goods and services supplied. The final account is payable within 30 days of the invoice date.
Lists owned by the Supplier are supported by the following guarantee:
Any returns/gone aways or inaccuracy in contact, name, address or telephone number details reported to the Supplier will be eligible for a £1 refund per record provided that:
i Full details of the inaccuracy are reported within six weeks of invoice/despatch date and the account has been settled
ii The updated/corrected information is supplied by the Client.
The guarantee does not cover lists sourced externally by the Supplier where the third party’s warranty will apply.
For emails, the Supplier will re-verify any hard bounces experienced within six weeks of supply and return for re-broadcasting.
The Client should ensure their email sending platform supports bulk data imports, and broadcast. The Supplier cannot be held responsible for limitations or actions of any 3rd party platforms.
13. DATA PROTECTION ACT
The Supplier is registered under the Data Protection Act 1984 and 1998.
To Partnerships and Sole Traders:
We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes:
We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.
14. FORCE MAJEURE
Whilst every effort is made to complete orders within the time quoted at acceptance of order, performance is subject to such variations as necessary as the result of any cause beyond the control of the Supplier such as (without prejudice to the generality of the foregoing) any Act of God, war, strike, lock-out or non-delivery of material or supplies. The Suppliers obligation to the Client to effect a mailing ends as soon as the post has been collected by the Post Office and postal documentation completed and accepted by the Post Office. The Supplier cannot be held responsible for any postal delays once the mailing has left the premises. The Supplier cannot guarantee response rates to any mailing.
All disputes, differences or questions at any time arising between the parties as to the construction of these conditions or as to any matter or thing arising out of the same or in any way connected therewith, shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or failing such agreement shall be appointed at the request of either party by the President for the time being of the Law Society. The arbitration shall be in accordance with the Arbitration Act 1950 and any statutory modification or re-enactment thereof for the time being in force.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.