Terms and Conditions

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1) GENERAL

These terms and conditions govern all agreements between Boost Your Biz (referred to as "the Company") and clients engaging in our leaflet distribution services (referred to as "the Client").

2) DEFINITIONS

Client: The individual, firm, or company availing of Boost Your Biz services.

Services: Refers to the leaflet distribution services provided by Boost Your Biz.

Boost Your Biz: The business entity providing leaflet distribution services.

Leaflet Distribution: The process of delivering marketing materials to targeted areas as per the Client's requirements.

3) ARRANGEMENTS

All arrangements made with Boost Your Biz must be made in writing before the commencement of the distribution email or other acceptable electronic means, verbal agreements may be accepted but will have no validity in the event of a dispute.

The time that Boost Your Biz takes to distribute the material to the residential householder in the case of a Door Drop will depend at all times on the availability of Boost Your Biz Post Person to carry out the distribution. If a specific start and completion date is required, these dates must be agreed in writing before commencement of the distribution by email. Verbal agreements may be accepted but will have no validity in the event of a dispute.

4) TYPES OF DISTRIBUTION

Shared: The distribution will be carried out with an unspecified number of other client leaflets which will, as far as possible, be of non-competitive nature.

Paired: The distribution will be carried out with one other of other non-competitive client leaflet 

Solus: The distribution will be carried out with no other client leaflets 

Time-sensitive material – The client must advise prior to quotation if the material is dated or time-sensitive, such material may be subject to a surcharge. If Boost Your Biz are not advised at the time of the quotation if the material is dated or time-sensitive, Boost Your do not accept responsibility for late delivered material.

5) PRICE

Price is the rate quoted for carrying out the distribution taking into consideration the size and weight of the material and the length of time agreed for the distribution to be carried out. 

In the event of materials being different in terms of size, weight or shape to that specified, the Company reserves the right to make an additional charge or refuse to deliver the material, at its absolute discretion.

6) CIRCUMSTANCES WHERE DELIVERY MIGHT NOT TAKE PLACE

It is emphasised that there are a number of specific reasons why an individual property might not receive an item;

i) The material is unaddressed and therefore the Boost Your Biz Post Person may not realise that they have not delivered to a specific property.

ii) The property in question may not have a letterbox or the letterbox may not be in the front door of the property.

iii) If the property is multi occupancy ie a converted house or block of flats it may not be possible to gain access to all separate occupancies in the residence. Sometimes due to security at the building, it may not be possible to gain access to deliver any unaddressed material.

iv) If there is a warning of a dog at the premises Boost Your Biz and or its Post Person will, at its discretion, not attempt to deliver to the property.

v) If there is a notice at the property advising that the resident or residents do not wish to receive unaddressed material or the resident has written to Boost Your Biz to the effect that they do not require unaddressed material to be delivered we will not deliver to that address.

vi) Delivery will not normally be made to obviously empty or derelict properties or where the access to the premises may be hazardous to the safety of the Post Person.

7) GPS TRACKING OF POST PEOPLE

All Boost Your Biz Post People are GPS tracked. This is facilitated by a GPS Pro Pod 6 which the Post Person will carry on their person. The GPS tracker will ping the satellite(s) approximately every 5 seconds and records the coordinates in a unique file which is stored in the memory of the device.

When the Post Person commences a delivery session the GPS tracker is switched on and will begin recording the position coordinates after approximately 30 seconds depending on the availability of the global satellite system.

GPS tracks are the sole property of Boost Your Biz and only at its discretion will Boost Your Biz permit a client or client’s representative to view a particular track or tracks.

The purpose of the GPS tracking is to assist in the achievement of maximum penetration in the drop area the tracks are not used or intended as part of a delivery report for the client in a statement of completion of a delivery contract.

8) SURPLUSES AND SHORTFALLS

It is the responsibility of the client to ensure that Boost Your Biz are supplied with enough leaflets to complete the distribution. If there is insufficient material to complete distribution fully in the area required this information will be shown in the delivery report available on the completion of the contract. No refunds can be given due to a shortfall of material supplied by the client.

If the quantity of the material is greater than the amount needed to complete the area nominated by the client the excess material will be retained for a maximum of 30 days and the client is given the option to collect the surplus material at the client’s cost or to nominate suitable additional areas where the material can be distributed to for which a charge will be made. Following the 30 day, period of storage of excess material said material will be recycled at the discretion of Boost Your Biz or its franchisee.

9) ACCEPTANCE SUBJECT TO ADVERTISING STANDARDS

Boost Your Biz operates under strict adherence to advertising standards to maintain integrity and uphold community values. Therefore:

i. All material must adhere to legal, ethical, and truthful standards outlined in the British Code of Advertising Practice, the British Code of Sales Promotion Practice, and relevant Advertising Standards Authority regulations.

ii. Material must not contain any content that is dangerous, infringes copyright, or violates laws pertaining to defamation, obscenity, or any other illegal activities.

iii. The use of pictorial representations or words attributed to living persons requires proper authorization and permissions, ensuring respect for individuals' rights and privacy.

Boost Your Biz reserves the right to reject any material for distribution that is deemed inappropriate, offensive, or contrary to these standards.

10) PAYMENT POLICY

Payment is due to Boost Your Biz upon receipt of the invoice, or as agreed prior to receipt if a specific cost has been outlined. We do not offer credit terms for leaflet distribution services or printing.

Our expectation is that clients remit payment promptly, recognizing that Boost Your Biz has provided a dependable leaflet distribution service. Payment should not be withheld based on the response level or number of inquiries generated from the campaign.

It's important to note that our distribution services operate on a contract price basis, not on payment by results. Therefore, Boost Your Biz does not bear responsibility for response rates resulting from the distribution of client materials.

11) SECURITY OF MATERIAL

The material for distribution by Boost Your Biz will be held in a secure and dry location whilst the distribution is carried out. The storage of the material, however, should be insured by the client’s company in the event the insurers of Boost Your Biz or its franchisee refuse to pay on any individual claim for loss or damage to material made by Boost Your Biz or its franchisee on their insurers.

12) CANCELLATION

The client may cancel the contract or any part of the contract any time before the commencement of the distribution of the material providing the material is still in the possession of the Boost Your Biz office where the distribution was being organised. However, if the material has been transferred to the Post Person(s) who has been allocated to carry out the distribution then that contract or part of that contract cannot be cancelled and the material will be distributed.

Where a cancellation is accepted by Boost Your Biz, the material must be collected by the client from the office to which it has been sent, or a transport charge will be made for returning the material to the client. All monies paid by the client to Boost Your Biz for the distribution of the material will be refunded less a cancellation charge of 50% of the contract value.

If it becomes necessary for Boost Your Biz to cancel a contract for any reason the material will be returned to the client’s premises at the cost of Boost Your Biz and a full refund of monies paid in respect of that contract. Boost Your Biz reserves the right to cancel any contract with reasonable notice.

13) INDEMNITY

The client shall indemnify and keep indemnified Boost your Biz from and against any and all liability loss claims, demand costs or expenses of any kind whatsoever which it shall at any time suffer or incur as a direct result of any leaflet distributed for said client.

14) FORCE MAJEURE

Notwithstanding anything herein contained neither party shall be under any liability to the other 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.

15) WAIVER

Failure or delay by either party to enforce any of the provisions of the Agreement shall not operate as a waiver of any of its rights hereunder or operate so as to bar the exercise or enforcement thereof at any time or time.

16) SEVERANCE

The agreement is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of the agreement.

17) LAW

These Terms and Conditions shall be governed by and construed in accordance with Scottish law and the parties hereto agree that the Scottish Courts shall have exclusive jurisdiction.