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Terms and Conditions- MOM Distribution

Here lies a statement of MOM Distribution's Terms and Conditions of Service. 

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  1. GENERAL

    Unless otherwise agreed in writing, these conditions apply to all transactions for the supply of services relating to  by MOM Distribution ltd to/from a client . The Client warrants to the Company that is entering into the Contract as principal and not as an agent on behalf of any person, firm or company. If either “the client” or “the company” wants to change or add to the agreement, they must put it in writing and both parties’ authorized representatives must sign the amended document. The client must not transfer rights or duties under the agreement to anyone else (such as a subcontractor) without first getting permission in writing from the company. The company can use subcontractors under this agreement as long as the level of service between the client & the company remains unchanged. These terms and conditions make up the full understanding between us.

  2. CONDITIONS OF ACCEPTANCE OF MOM DISTRIBUTION TERMS

    The agreement will begin on the date the Company acknowledges (by email) receipt of your (the client) signed/e-signed confirmation or, if you book online, the date we send you an email (with a breakdown of costs and job schedule attached) to confirm you’re (the client) booking. If you send a confirmation email to the Company or book online with the Company, you will be considered to have read, understood and agreed to these terms and conditions. Once the agreement has started, you cannot make changes to it without our written approval. We have the right to refuse any changes. If you cancel a delivery, we may charge you a cancellation fee. You agree to keep the details of the distribution schedule and work to be done confidential between ourselves

  3. DOOR TO DOOR SERVICE

    Door to Door Service is the service the Company provides for delivering customers’ media items. With this service, we guarantee an eighty percent completion rate on delivery of your media by a certain date or time. This document sets out the terms under which: we agree to provide you with the Door to Door Service; and you agree to meet the obligations set out in the agreement.

  4. PAYMENT

    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 have been made in writing. An accepted order can only be cancelled or varied with the Company’s consent. In most cases cancellations are subject to a £120 cancellation fee per shift. MOM Distribution standard price is 7p per leaflet for everything over 10,000 leaflets. This price is for leaflets weighing up to 25g each. Leaflets weighing above the 25g standard will be charged a bespoke price depending on weight, size and type of leaflet. The bespoke pricing will be confirmed upon enquiry and price will be set in your invoice. MOM Distribution ltd will issue you with an invoice for the distribution charges, normally before the first day of each campaign. The amount on the invoice will be based on the number and weight of items for that distribution. The invoice will also include any other charges that apply in line with the agreement. Unless the Company agrees otherwise, the Client will pay the Price plus VAT in advance, and it is the clients’ responsibility to ensure that the Company receives the full cleared funds before 2pm two days before the distribution date. If the payment has not been received in full, the distribution may automatically be cancelled and a £120 included VAT cancellation fee per shift will apply. If you disagree with the amount of an invoice, you must pay the invoice in full until we settle the dispute. If appropriate we will then refund any overpayment you have made. If the items you present for delivery weigh more than you have declared in your initial order, we will be entitled to make an extra charge according to the tariff that applies at that time. In these circumstances, you agree that we will not be liable for delivering any items late or failing to deliver them at all. 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.

  5. PROMOTIONAL MATERIAL

    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. Once promotional material is in the hands of the company, the company promises to look after, distribute or store the client’s material as per the agreed requirements agreed upon by the client & the company. The Company has no liability for any loss or damage to Promotional Material except during storage once the material has been delivered to the company. 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.

  6. EXTRA COSTS

    The Client must upon request, pay any additional costs to the Company in supplying the Services caused by: any breach, default or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond the Company’s reasonable control; any charge 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.

  7. CANCELLATION

    The client can choose to cancel the Contract at any time, subject to these cancellation charges:

    1. With more than eight days prior to the first day of distribution: cancellation will be free of charge. 2. With four to seven days left prior to the first day of distribution £120 + VAT will be charged per shift. 3. With three days left prior to the first day of distribution half of the invoice will be charged per shift. 4. After 12 noon the day before the distribution, the full invoice amount will be charged including VAT.

    The Company can, by giving the client notice, cancel a distribution under the agreement, or end the agreement altogether without giving notice, if:

    The client fails to pay any charges due by the date they are due; The client’s bank refuses or chooses not to honour your cheque or direct-debit payment;

    Or the client breaks any terms and conditions in a significant way, and fails to put the matter right despite us having given you notice to do so. The Company can end the agreement, after giving you notice, if:

    1. You become bankrupt or unable to pay your debts; 2. You pass a resolution for winding up your business, or a court makes an order to wind up the business (other than for the purpose of reorganising your business); 3. A receiver, manager or an administrator is appointed over any or all of your assets; or you make any arrangement with or for the benefit of your creditors. 4. We can, at any time and without having any liability to you, cancel a distribution under the agreement, or end the agreement altogether, after giving you three months’ notice in writing. You can cancel a delivery or end the agreement at any time by writing to us. However, you will still have to pay any cancellation charges you owe us under the agreement.

  8. LIABILITY

    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. 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. The parties agree that in view of the contract price agreed and on a fair apportionment of risk MOM Distribution LTD shall have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise (i) for any special, indirect or consequential damage of any nature whatsoever suffered by the Client whatever the cause of it, (ii) for loss of goodwill, anticipated or future profits, business, contracts, revenues or anticipated savings or (iii) for any increased costs or expenses per the agreement.

  9. LAW AND JURISDICTION

    English law governs these Conditions and each contract and the Parties agree to the jurisdiction of the English Court.

  10. DATA & COMPLIANCE

    Both the client & the company agree to keep and make sure that anyone we employ or are responsible for, keeps to any anti-bribery or anti-laundering laws and or regulations relating to this agreement or any related services.The client agrees to take full responsibility for how it deals with data as per the Data Protection Act 1998 & while the company needs to keep certain information provided by the client to carry out its day to day operations to meet its objectives and to comply with legal obligations, the company is committed to ensuring any personal data will be dealt with in line with the Data Protection Act 1998. To comply with the law, personal information will be collected and used fairly, stored safely and not disclosed to any other person unlawfully. The aim of this policy is to ensure that everyone handling personal data is fully aware of the requirements and acts in accordance with data protection procedures. This document also highlights key data protection procedures within the organization. This policy covers all employed staff that will need to deal with client data in line with the Data Protection Act 1998 principles MOM Distribution will ensure that personal data will.

    1. Be obtained fairly and lawfully and shall not be processed unless certain conditions are met. 2. Be obtained for a specific and lawful purpose. 3. Be adequate, relevant but not excessive. 4 .Be accurate and kept up to date. 5. Not be held longer than necessary. 6. Be processed in accordance with the rights of data subjects. 7. Be subject to appropriate security measures. 8. Not to be transferred outside the European Economic Area (EEA).

    The definition of ‘Processing’ is obtaining, using, holding, amending, disclosing, destroying and deleting personal data. This includes some paper based personal data as well as that kept on computer. The Personal Data Guardianship Code suggests five key principles of good data governance on which best practice is based. The organisation will seek to abide by this code in relation to all the personal data it processes, i.e.

    1. Accountability: those handling personal data follow publicised data principles to help gain public trust and safeguard personal data. 2. Visibility: Data subjects should have access to the information about themselves that an organisation holds. This includes the right to have incorrect personal data corrected and to know who has had access to this data. 3. Consent: The collection and use of personal data must be fair and lawful and in accordance with the DPA’s eight data protection principles. Personal data should only be used for the purposes agreed by the data subject. If personal data is to be shared with a third party or used for another purpose, the data subject’s consent should be explicitly obtained. 4. Access: Everyone should have the right to know the roles and groups of people within an organisation who have access to their personal data and who has used this data. Stewardship: Those collecting personal data have a duty of care to protect this data throughout the data life span.

  11. COMPLAINT AND DISPUTE PROCEDURE

    Any complaint involving the quality of the distribution must be made in writing (either in the post or an email) we require a full address (including the complete postcode) of any alleged non-delivery or wastage of leaflets, and must be received by the Company within five working days of the Finish Date of the distribution giving full details of the alleged complaint. Failure to report any complaints will remove liability from the company as the company will not be able to undertake appropriate action to investigate and remedy the complaint and the company will therefore not be liable to the Client for any claim for loss or cost or liability expense or demand arising there from.

    (i) – If any disputes or claims arise as a result of, or relating to, the agreement, your and our authorised representatives will work together in good faith to settle the dispute or claim within 10 working days.

    (ii). – During the negotiations, both you and we agree to continue to carry out our duties under the agreement until those duties no longer apply or the agreement is ended, except where you or we are clearly prevented from doing so due to the nature of the dispute.

  12. EXTERNAL INFLUENCIES

    If we are not able to, or refuse to, carry out our duties under the agreement for any period due to circumstances outside our control (including, but not limited to, fire, flood, riot, public disturbance, sabotage, natural disasters and industrial action), we will not have any liability to you for any loss or damage you suffer as a result. The Company is also not liable to the client for any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken We will make reasonable attempts to give you notice of circumstances outside our control and take whatever steps are reasonably practical to limit the effects those circumstances have on the distribution, and how long those effects last.

  13. MISCELLANEOUS

    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. The company may recycle any surplus items without reference to the client and without incurring further liability. Any items forming part of a Distribution which is cancelled after they have processed and dispatched from the Handover Point may not be returned to the Customer intact or at all.

    From time to time clients may come into contact with representatives of MOM Distribution ltd & when this occurs, the client will act in good faith and not approach any such party with additional work without the presence of the company being made fully aware. Any such work discovered by the company on behalf of the client or representatives of the company will result in MOM Distribution ltd taking legal action & no responsibility will be placed on the company.

    If either one of us wants to change or add to the agreement, they must put it in writing and both your and our authorised representatives must sign the document. You must not transfer your rights or duties under the agreement to anyone else (such as a subcontractor) without first getting our permission in writing. We can use subcontractors under the agreement.

    These terms and conditions make up the full understanding between us.

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