Terms & Conditions

The terms and conditions relate to UK Mailing, Schools Mailing services, including but not limited to our postal, distribution, data, email
and print services. These are the important conditions that we recommend
reading carefully.

1. GENERAL

   1. These Terms apply to every Contract for the supply of Services made by UK Mailing Ltd, trading as Schools Mailing or its successors in title (‘Schools Mailing’) with any other party (‘the Buyer’).
   2. If these terms have not previously been accepted by the Buyer, the giving of instructions by the Buyer to Schools Mailing to carry out services for the Buyer, shall be deemed to be an acceptance by the Buyer of these Terms.
   3. If there is any conflict between these Terms and the Buyer’s terms or conditions, these Terms shall replace or prevail over the Buyer’s terms or conditions.
   4. English law shall apply to the Contract and these Terms shall be construed and enforced in accordance with English law.

2. PERFORMANCE

   1. The services to be performed by Schools Mailing for the Buyer are:-
      
      1. the particular Services specified in writing by Schools Mailing; or if none
      2. the Services comprised in one of Schools Mailing’s standard packages or Services named by Schools Mailing; or if none
      3. the Services actually performed by Schools Mailing.
   2. Schools Mailing is not responsible for the response rate, performance or return on investment for any services provided.
   3. Although it is our usual practice to give notice, Schools Mailing shall be entitled to subcontract any of the Services without prior notice to the Buyer or the Buyer’s consent.
   4. Time for performance of any Services by Schools Mailing shall not be of the essence of the Contract unless first agreed in writing.
   5. Schools Mailing will uphold at all times in letter and in spirit the British Code of Advertising Practice. Schools Mailing’s acceptance of work from the Buyer is based on the understanding that the Buyer too undertakes to work within the normally accepted codes of conduct for the advertising industry, including in particular the British Code of Advertising Practice.
   6. It is the responsibility of the Buyer to arrange for appropriate and adequate packing and production of the Buyer’s materials to be handled or stored by Schools Mailing. Upon receipt, Schools Mailing reserve the right to decide as to whether these materials are suitable to fulfil the specification of the work intended.
   7. It is the responsibility of the Buyer to arrange and pay the premiums for insurance against any loss or damage the Buyer might suffer in the course of or in connection with the performance of the Services by Schools Mailing (including insurance of Buyer’s materials in storage on Schools Mailing’s premises), unless Schools Mailing has first agreed in writing to arrange insurance for them.
   8. Schools Mailing’s liability for any loss or damage the Buyer might suffer in the case of or in connection with the performance of the Services by Schools Mailing is excluded or limited to the extent set out in clause 7 below.

3. CHARGES (In addition to those specified on the buyer’s order form.)

   1. The Buyer must pay all charges in advance (allowing at least 5 working days for clearance of a cheque unless otherwise agreed in writing).
   2. All invoices must be settled before the end of month following the date of the invoice unless otherwise agreed in writing.
   3. Any bills not settled within the agreed terms may lead to all of the Buyer’s accounts including pre-payment accounts such as the ‘Data Portal’ and ‘SchoolSend’ being locked from use by the Buyer until full payment is made and an agreement is reached between Schools Mailing and the Buyer.
   4. The Buyers shall pay interest on overdue invoices at a rate of 8 per cent above the Barclays Bank PLC base rate.
   5. Schools Mailing shall be entitled to charge the amount of any Taxes (including Value Added Tax), duties or charges, whether or not included in the quotation.
   6. Credit is granted only if agreed in writing in advance.
   7. In the case of our Shared mailing products, Schools Mailing reserves the right to charge the full rate for space booked, should the Buyer fail to meet an agreed delivery deadline or cancel a booking with less than 28 working days’ notice prior to artwork deadline. Discounts will be adjusted accordingly.
   8. In the case of Direct Postal Mailings, Schools Mailing reserves the right to charge full rate for fulfilment and any additional costs and services incurred should the Buyer amend or cancel a booked mailing.
   9. The Buyer shall not be entitled to make any set-off or deduction in respect of allegedly defective performance of the Services supplied by Schools Mailing or in respect of any other transaction or for any other cause.
   10. If the Buyer disputes in good faith that any sum invoiced is due, the Buyer shall nevertheless pay all sums he does not dispute in good faith.
   11. Rates shown in quotation are based on information available/given at that time. Any variation in quantity, weight and packaging of items may give rise to a variation in the rates.
   12. All quotations exclude VAT and are valid for 30 days.

4. COPYRIGHT

   1. Unless otherwise agreed in writing, Schools Mailing shall retain copyright (including intellectual copyright) and ownership of all material containing Schools Mailing Data and all artwork created by Schools Mailing.

5. DATA

   1. All Data or parts of are owned by Schools Mailing and are supplied for use as specified on the order form and this will form the contract of use by the buyer. Unless otherwise specified in the Contract Schools Mailing data is leased to the Buyer for the duration of their subscription only and no intellectual property rights of any Data shall pass to the Buyer under the Contract. The Data must not be copied or recorded by the Buyer or its Agents, or in any way processed by the Buyer or its Agents other than in accordance with the Contract or as agreed in writing by Schools Mailing. Data supplied must, in no circumstances, be offered for resale by the Buyer. The Buyer shall be liable for the loss or misuse of Data whilst in its care, or the care of his Agent.
   2. All Data is sold on a minimum of a 12-month licence. Data is paid for by the buyer in advance of supply of the Data by Schools Mailing. If you are subscribing to Data Portal Monthly you are agreeing to a minimum of 12 monthly payments. There is a 14-day cooling off period from the initial date of purchase, subject to the buyer not having downloaded any data. No credit will be considered if any or all of the data has been downloaded.
   3. All data is seeded with dummy addresses to detect unauthorised usage and protect Schools Mailing’s intellectual property and copyright. Schools Mailing do not pass out seed addresses to The Buyer or their Agents even in the event of a dispute as it leaves Schools Mailing Data unprotected. These seed addresses must not be removed in any circumstance by The Buyer or their Agents.
   4. In the event of a breach of Data usage by the Buyer, i.e. where it is determined by Schools Mailing that the data has been used by the Buyer outside of the usage terms as specified in these Conditions, a re-use charge of 100% of the value of the annual cost of the plan from which the data was exported/copied will be imposed per occasion of each breach and payable within 7 days by the Buyer
   5. Schools Mailing reserve the right to require the Buyer to cease or modify use of Schools Mailing Data where the contents of any marketing sent by the Buyer is, in Schools Mailing’s reasonable opinion inappropriate, or the Buyer has misled Schools Mailing about the content or the Data’s use.
   6. If the Buyer chooses to not renew their subscription with Schools Mailing any Data previously exported from the platform must not be used for any marketing, or any other purpose.
   7. Schools Mailing uses all reasonable endeavours to ensure Data is accurate and up-to-date and that all Data has been fairly and lawfully obtained in accordance with the General Data Protection Regulation, no warranty is given regarding the accuracy or completeness of any individual data field or that any list is a complete compilation of the categories of persons or establishments described therein.
   8. If any school emails prove to be undeliverable due to them hard-bouncing they must be sent to Schools Mailing, including a reason for non-delivery, in an Excel or comma separated format document within 30 days of the send date of the campaign that generated the hard-bounces so that Schools Mailing’s data team can correct them where available.
   9. Schools Mailing’s obligations stated shall not apply where the Buyer decides to use a method of delivery that has not been approved in writing by Schools Mailing. Unapproved methods of delivery include but are not limited to the use of an SMTP (Single Message Transfer Protocol) such as Outlook, Netscape and Lotus.
   10. Whilst every effort is made to quote the number of records accurately, the quantity may vary from time to time, as is reasonable, due to movements within the Data and no warranty or condition is given that the figure quoted agrees with that finally reached.
   11. When a buyer enters into contract with Schools Mailing, it is on the understanding that the buyer is complying with the legal basis of legitimate interest under the General Data Protection Regulation and has carried out a Legitimate Interest Assessment.
   12. Schools Mailing guarantees the accuracy of the specified Data on the date that the Data is supplied to the buyer and the buyer accepts that the information will change with the passage of time after that date. Schools Mailing’s guarantee extends to the following, 90% for Head Teacher Names, 97% for email addresses and 99% for postal addresses. If the Data is demonstrated by the buyer and is verified by Schools Mailing to be inaccurate above the percentage guaranteed on the date the data is supplied, Schools Mailing shall refund to the buyer the charges made by Schools Mailing for the Data inaccuracy exceeding the guarantee. For example, if the postal Data is shown to be 95% accurate on the date supplied, once verified, Schools Mailing will refund 4% of the cost paid by the supplier for the Data. No additional costs or charges will be paid by Schools Mailing to the buyer for any other costs incurred. Accuracy of email addresses are determined only by those which ‘hard bounce’ upon delivery. Emails which ‘soft bounce’ are not an indication of an inaccurate email address.

6. CONFIDENTIALITY

   1. After entering into such an agreement with a Buyer, Schools Mailing will treat all communications as being strictly private and confidential and shall take all precautions to maintain its status as such.
   2. Save as required by law, we will at all times keep strictly confidential the content and nature of all data held on behalf of the Buyer.

7. LIABILITY

   1. Schools Mailing shall perform the Services with reasonable skill, care and diligence, but: –
      
      1. under no circumstances shall Schools Mailing be liable for any consequential loss or damage;
      2. the Buyer takes the risk of and Schools Mailing shall not be liable for any inaccuracy or omission in any list of names and addresses, posting certificate or stock list supplied by Schools Mailing;
      3. Schools Mailing’s liability arising out of or in connection with the performance of any particular services shall not in any event exceed Schools Mailing’s charges for performing those services;
      4. Schools Mailing shall have no liability for any loss or damage caused by hostilities, blockade, act of terrorism, strike, lockout, labour disturbance, working conditions, explosion, fire, flood, damp, vermin, epidemic, stress of weather, breakdown or accident to machinery or vehicles, stoppage of or interference with transport facilities, policies or restrictions of governmental authorities or any other cause beyond the control of Schools Mailing.
   2. Clause 7.1 above shall not be valid insofar as prohibited by statute.
   3. Schools Mailing reserve the right in their absolute discretion to refuse to send a marketing campaign without liability for losses incurred by the Buyer.
   4. Schools Mailing shall not be obliged to deal with or reply to, either on behalf of the Buyer of Schools Mailing, any complaints received from third parties, unless Schools Mailing have agreed to undertake such obligations and agreed a price for doing so.
   5. The Buyer shall indemnify Schools Mailing in respect of any loss or damage or legal or other expenses suffered by Schools Mailing or a third party to whom Schools Mailing is liable if caused by any defect or vice in the Buyer’s materials handled or stored by Schools Mailing in the packaging of those materials.
   6. If the Buyer enters into liquidation whether compulsory or voluntary (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) or has a receiver or manager appointed of any of its assets an individual commits an act of bankruptcy or has a receiving order made against him or if the Buyer makes any arrangement with its creditors or if distress or execution is levied or threatened upon any of the Buyer’s property or any judgement against the Buyer remains unsatisfied for more than 14 days Schools Mailing shall be entitled to give notice in writing to the Buyer terminating the Contract forthwith but shall be entitled to payment of the price for any Services already rendered and any interest payable.
   7. No indulgence shown by Schools Mailing shall prevent Schools Mailing subsequently insisting upon its rights and remedies under the Contract.