The Terms and Conditions contained herein are the basis on which all quotations, contracts and work undertaken by PinPoint Marketing Ltd is accepted. These Terms and Conditions supersede any stipulated by the Client and material is accepted for distribution subject to these Terms and Conditions. Where conflict may arise, any Terms and Conditions stipulated by the Client will be deemed void insofar as they are in conflict with our Terms and Conditions.
Publication Content
Any offering made by the advertiser is accepted for distribution only on the basis that it is decent, honest, truthful, free of copyright infringement, otherwise legally acceptable and meets the conditions of the British Codes of Advertising. PinPoint Marketing Ltd retains the right to refuse for distribution, at its absolute discretion, any material it deems controversial, defamatory, inappropriate, offensive, racist, salacious, unacceptable or unsafe in nature. It is a legal requirement that all publications intended for distribution shall contain the name and address of the printer and it is the Client’s responsibility to ensure that the stock does not breach any legal requirement.
Permissions
- In the case of street distribution, you must obtain a Leaflet Distribution Licence from the relevant local authority
- In the case of event or venue distributions, you must obtain any required permission from the event orvenue managers
- You must obtain all necessary authority and permission in respect of the use of pictorial representationsof (or purporting to be of) persons living or dead and of words attributed to persons living or dead in the materialto be distributed.
Order, Delivery & Distribution Schedules
Distribution orders are to be made on PinPoint Marketing Ltd’s order form and received by the Company at least 5 working days (7 for solus distributions) prior to the distribution commencement date, unless otherwise agreed to by PinPoint Marketing Ltd. In order for distribution to commence on the agreed date, the Client is responsible for the delivery of stock to PinPoint Marketing Ltd on a date to be agreed, which must be at least 3 working days prior to the commencement date of your distribution (but not earlier than 2 weeks prior to distribution) unless otherwise agreed in writing. The Client will be informed of the delivery address and delivery hours after ordering. These are dependent on which address we use to receive your stock. Whilst every effort will be made to complete distribution within the time desired by the Client, time shall not be of the essence unless so stated when the Client fills in the Order Form (See below). The time taken by PinPoint Marketing Ltd to distribute material to residential/business premises will depend on the availability of PinPoint Marketing Ltd’s distributors to carry out the distribution and the Company reserves the right to vary the timing of the distribution in conjunction with the Client. Time Sensitive Material – The Client must advise on ordering, if the material is time sensitive. Specific start and/or completion dates must be agreed in writing before commencement of the distribution. Delivery of such material is subject to a surcharge. The Company shall make such jobs top priority and will make every effort to carry out these deliveries between the start and finish Dates but reserves the right to vary the time of delivery at its 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.
The Delivery Note
A sample must be attached to either the boxes or to a delivery note supplied and the following clearly written on either the delivery note or on the boxes:
- Marked for the attention of PinPoint Marketing Ltd.
- Title of leaflet
- Delivery date
- Number of leaflets
- Number of boxes
- Name of person who has delivered the leaflets
- Distribution start and finish dates (only applicable to time-sensitive stock)
Pricing & Payment
Unless you are an existing account client, all services are offered on a “payment with order” basis. All payments are to be made to PinPoint Marketing Ltd and should take place at least 5 full working days (7 for solus distributions) prior to the distribution start date unless provided otherwise. Prices quoted hold good for 30 days from the date of the quotation. Unless otherwise stated, the price quoted applies only to the distribution of items on behalf of individual advertisers who are promoting their own goods or services via material specifically printed on their behalf.
Supply of Stock
Stock must be supplied by the Client in secured and/or bound containers and must be flat packed in regular and clearly marked quantities. Each stock container is to weigh no more than 10 kilos. The Company is under no obligation to check the quantity of material supplied nor accept the accuracy of any information on the Client’s delivery note or reported by the Client’s delivery agent, but will as far as reasonably possible notify the Client if the amount of material falls short or exceeds the requirements of the agreed distribution. In the event that stock arrives beyond the stated deadline, or is different in terms of quantity, size or weight to that specified on PinPoint Marketing Ltd’s order form, the Company will endeavour to carry out distribution, but distribution is not guaranteed in whole or in part and the Company cannot be held responsible for any claim, loss, cost, liability, expense or demand arising from late distribution or non-distribution. The Company will advise the Client as early as possible of any delays or errors and distribution will be carried out at the earliest opportunity. PinPoint Marketing Ltd reserves the right to pass on to the Client any charges incurred as a result. Deliveries must be accepted by a representative from PinPoint Marketing Ltd. On no account must any delivery be left unchecked. Notwithstanding, stock shall be at the risk of the Client at all times and should be insured by the Client as PinPoint Marketing Ltd accepts no liability for Clients’ material whilst in its possession and will not be held responsible in any way for the security or otherwise of material held by its contractors.
Types of Distribution
Solus: This type of distribution will be carried out with no other Client leaflets but the PinPoint Marketing Ltd backchecking leaflet at the discretion of PinPoint Marketing Ltd. In distributions of this type, the Client may either nominate the area or use specified PinPoint Marketing Ltd distribution rounds. Shared: This type of distribution will be carried out with a maximum of three other clients’ leaflets which will as far as possible, be of non-competitive nature. Clients’ leaflets will be distributed to PinPoint Marketing Ltd distribution rounds nominated specifically by the Client. Client material will be accompanied by a PinPoint Marketing Ltd backchecking leaflet at the discretion of PinPoint Marketing Ltd.
Distribution Coverage
PinPoint Marketing Ltd allows Clients to have their items delivered into areas of their choice other than predefined distribution rounds. Such areas must be agreed between the Client and the Company in writing before commencement of the distribution. All arrangements made with PinPoint Marketing Ltd must be made in writing before distribution commences. Verbal agreements may be accepted but will have no validity in the event of a dispute. PinPoint Marketing Ltd will endeavour to distribute to as many addresses in the agreed distribution area as possible but shall not be liable for failing to distribute to any particular address nor for failure to achieve any delivery objective targets. We cannot guarantee to include every letterbox in the defined area as there are a number of factors which may prevent this (See our FAQ.) Any data used by the Company in carrying out its obligations under the Contract shall remain the property of the Company.
Assignability and Subcontracting
The Company shall act as an independent contractor and not as an agent of the Client. Rights granted to the Client herein are personal to it and the Client shall not assign or grant any rights in respect of any agreement made with PinPoint Marketing Ltd to a third party. PinPoint Marketing Ltd shall be at liberty to effect provision of the Services (or any part thereof) by any means it sees fit including the use of any third party and reference in the Terms and Conditions to PinPoint Marketing Ltd shall be deemed to include reference to such assignee or sub-contractor. PinPoint Marketing Ltd accepts no responsibility for the conduct of its contractors although at all times it will endeavour to ensure that contractors provide the highest quality service in accordance with its internal operational instructions. PinPoint Marketing Ltd will assist any Client to investigate a complaint regarding quality of service or otherwise provided by a contractor.
Severance, Cancellations, Alterations & Variation of Quotation
PinPoint Marketing Ltd reserves the right to require that copy is revised to meet our approval, to cancel or refuse to accept any order, in full or part, without giving an explanation and to cancel or cease the distribution of any material at our sole discretion. If it becomes necessary for PinPoint Marketing Ltd to cancel a contract for any reason save circumstances beyond the Company’s control or breach of contract on the part of the Client as explained herein, the material will be returned to the Client’s premises at the cost of PinPoint Marketing Ltd and a full refund of monies paid in respect of that contract. The Company shall be entitled to alter, vary or withdraw a quotation at any time and shall be entitled to increase the distribution price to reflect any increased costs to the Company (e.g. increase in wages or costs of materials to us occurring after the confirmation or accepted contract, changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise) up to the date of actual distribution on giving written notice to the Client. The Client may alter or cancel the contract or any part of the contract any time before commencement of the distribution providing the items allocated for distribution are still in the possession of PinPoint Marketing Ltd If the items have been transferred to the distributors however, then the contract cannot be altered or cancelled in whole or in part and the items will be distributed. Where a cancellation is accepted by PinPoint Marketing Ltd, all items must be collected by the Client from the site at which they are located within 2 working days of acceptance of the cancellation failing which, the items will either be returned to the Client or destroyed and any resulting costs passed on to the Client. All monies paid by the Client to PinPoint Marketing Ltd for the distribution of the material will be refunded less the cost of returning or destroying the items plus a cancellation charge of 10% of the contract value. The Client shall indemnify the Company against any claim, loss, cost, liability, expense or demand suffered by the Company as a result of either the Client cancelling or terminating the contract between the Company and the Client or breaching any of the terms of the contract. The agreement is severable in that if at any time any one or more of the provisions in these Conditions is determined to be invalid, illegal or unenforceable in any respect by any court of competent jurisdiction neither the validity, legality nor enforceability of the remaining provisions shall in any way be affected or impaired.
Distribution Queries/Complaints
The Company undertakes to investigate any complaints arising from the distribution, provided complaints are received in writing within 3 working days of the finish date. If the complaint is not received within this period, the Company will not be able to undertake the appropriate action to investigate and remedy the complaint. Full details of the complaint alleged and evidence of non-delivery in the form of full addresses (including post codes) must be submitted to the Company. In the event of any delay or localised shortfall in distribution being identified, the Company shall rectify this by delivering the material to the addresses concerned free or charge or refund the proportional cost of delivery to the Client. This will be considered as fulfilment of the contract. If this is not practical, credit will be offered to the Client in direct proportion to the identified shortfall in distribution. Investigation results will be reported to the Client within a reasonable time scale. The Company shall not be responsible for the production costs of leaflets, or loss of business nor shall it incur any other liability whatsoever to the Client.
Notices
A communication or notice shall be deemed served if it can be proved in the case of a letter (sent by 1st class post and allowing 48 hours for posting), that the letter was properly stamped and placed in the post or delivered by hand and in the case of a facsimile or email message that it was duly dispatched providing the sender obtains confirmation of transmission. In the event of any notice arriving at a time which is not a working day, it shall be deemed served on the first working day after that.
Law
These Terms and Conditions shall be governed by and interpreted in accordance with English law and the parties hereto agree that the English Courts shall have exclusive jurisdiction. All material is accepted for distribution or printing and distribution subject only to these Terms and Conditions.
Indemnity
The Client shall indemnify, keep indemnified, defend and hold harmless PinPoint Marketing Ltd from and against any and all claims, costs, damages, demands, injuries, losses, proceedings and liabilities of any kind whatsoever (including but not limited to legal fees), falling upon the Company as the result of legal action or threatened legal action arising from the publication and/or distribution of any material regardless of the type of claim or the nature of the cause of action. The Company shall not be liable for any dishonest or fraudulent act of its employees, agents, contractors or subcontractors.
Force Majeure
Notwithstanding anything herein contained, PinPoint Marketing Ltd shall not be under any liability to the Client in respect of any failure to perform or delay in performing any of its obligations hereunder which is due to any cause of whatsoever nature beyond its reasonable control and no such failure or delay shall be deemed for any purpose to be a breach of the Agreement.
Website Terms & Conditions
This site (www.pinpointdistributor.com) is owned and operated by PinPoint Marketing Ltd. PinPointDistributor.com offers products and services related to the distribution of business information, market research fieldwork and other business promotion services. By using this site, using any of our products/services or by placing an order with us, you agree to and accept the terms, conditions and notices set out below. We reserve the right to change, update, and revise these terms of use at our sole discretion. You agree to not use this site for any unlawful purpose.
Confidentiality and Trade Secrets
You acknowledge and agree that all content and materials available on or via this site, including but not limited to systems, designs, wording, colours and graphics are proprietary trade secrets protected by copyrights, trademarks, service marks, patents, or other proprietary rights and by other laws and that their use is restricted by the terms of this agreement. Use of the content or materials on or via this site for any purpose without written permission from PinPoint Marketing Ltd is strictly prohibited. You further agree that you will create no derivative works of this site or the products offered within.
Disclaimer
PinPoint Marketing Ltd makes no warranties of any kind (either expressed or implied) concerning the advice and materials on the site. Further, PinPoint Marketing Ltd does not warrant that transmission of the materials will not be interrupted nor does it warrant that the materials will contain no errors nor that they will be accurate. PinPoint Marketing Ltd does not warrant that the site itself or the server which transmits it will be free of viruses or anything else that might be harmful. Nor do we warrant that any defects will be corrected. You alone assume all risk associated with the use of the site, including the full cost of any necessary repair or service to your computer. By using the site you waive any claim whatsoever against PinPoint Marketing Ltd which arises from your use, whether intended or not, of any other site. This waiver specifically includes any claim arising from a product and/or service which you purchase from any site other than PinPoint Marketing Ltd and any claim arising from security of information (including, but not limited to credit card information) which you use on this site. In addition, PinPoint Marketing Ltd assumes no responsibility for any content which you find on sites that link either to or from the site. This includes responsibility for the accuracy or compliance with any laws and for any viruses or other harmful things which may be contained in these sites nor is PinPoint Marketing Ltd responsible should any site link you to a site which you find offensive. PinPoint Marketing Ltd does not endorse or warrant the quality of any goods you buy from any site other than this site. PinPoint Marketing Ltd shall not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of the site or your inability to use it or from your use of any site linked from or to the site. This limitation includes any circumstance in which PinPoint Marketing Ltd or its representative has been advised of potential liability. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, PinPoint Marketing Ltd’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the site.
Notice About Testimonials
All testimonials are true, reflect the opinions and experiences of real users of pinpointdistributor.com’s products and are submitted to pinpointdistributor.com voluntarily by clients. If you would like to submit a testimonial to pinpointdistributor.com you agree that it becomes the exclusive property of PinPoint Marketing Ltd, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a pinpointdistributor.com product or service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
Unsubscribing
You are entirely free to unsubscribe from our mailing list at any time should you choose to do so. If you experience problems unsubscribing, you may contact us at info (at) pinpointdistributor.com for personal attention. By giving us your contact details, you agree that you wish for us to contact you, and that you will make no threats, and take no additional action against PinPoint Marketing Ltd or pinpointdistributor.com in the event you are unhappy that you subscribed or are not able to remove yourself from our free mailing list, and you agree that the small inconvenience of receiving unwanted information will cause you no personal, emotional, or financial harm whatsoever. You agree that you have opted-in to receive information from us by providing your name and email address on our website. If you do not wish to receive information from us, simply contact us via our Contact Form or write to us at:
PinPoint Marketing Ltd
PO Box 51286
LONDON
SE17 3YU