Royal Mail Licence Agreement for Response Services

Transcription

1 Royal Mail Licence Agreement for Response Services 2nd April 2013 Royal Mail, the Cruciform and the colour red are registered trade marks of Royal Mail Group Ltd. Royal Mail Group Ltd, registered in England and Wales, number , registered office: 100 Victoria Embankment, London, EC4Y 0HQ. Copyright Royal Mail Group Ltd All rights reserved. 1

2 Royal Mail Licence Agreement for Response Services These terms and conditions apply to our Response Services (Business Reply Plus, Business Reply Standard, Freepost Plus, Freepost Standard(Preprinted and Handwritten)and Freepost NAME design styles. Please make sure that you read and retain them before sending in your application. 1. Subject to the conditions set out below, Royal Mail Group Ltd, ( we, us, our ) a company registered in England and Wales (number ) with a registered office at 100 Victoria Embankment, London, EC4Y 0HQ, is willing, on payment of a licence fee and compliance with these terms, to grant the customer to whom a Response Services licence number is issued by Royal Mail ( you and your ) a non-transferable licence to: 1.1 have posted by people who have received them via your use of a postal service, letters, large letters, parcels under Response Services without prepayment of postage to the address specified in your application form, and accordingly you may invite others to post such items to that address without prepayment of postage; and 1.2 allow persons sending Response Services items to use applicable cards, letter cards, envelopes and folders. In this agreement: items means letters, large letters, and parcels which we agree to handle and deliver under the terms of this agreement; parcels means mailing items which are not letters or large letters and which are no larger than 610mm x 460mm x 460mm in size and which weigh no more than 1kg for 2nd class there is no maximum weight for 1st class items. For tubular, squarely cuboid and long rectangular packages, the length plus twice the diameter must not go over 1040 millimetres or be more than 900 millimetres long; large letters means mailing items which are not letters and which are no larger than 353mm x 250mm, no thicker than 50mm, and no heavier than 750g; letters means mailing items which are no larger than oversized C5 (240mm x 165mm), no thicker than 5mm, and no heavier than 100g. The minimum size for Business Reply Plus and Freepost Plus items is 102mm x 140mm; price confirmation letter means the letter which sets out the charges payable by you for certain products and services; prohibited material means the materials listed on (or any replacement URL) which may be updated by us from time to time in accordance with this agreement and those items defined as dangerous or hazardous by the regulatory bodies governing transport by road, rail, sea or air in any legislation, regulations or guidelines which are unlawful to be carried; and restricted material means the materials listed on (or any replacement URL) which may be updated by us from time to time in accordance with this agreement. 2. This agreement will commence on the date confirmed in writing by us following application by you and will continue for a term of one year, unless ended earlier in line with this agreement. This agreement may be renewed annually by payment of the applicable fee. 3.1 The licence under this agreement is granted on and subject to the following conditions: You must ensure that any items sent using the Response Services comply with our design, layout and technical requirements as set out in the Response Services User Guide (as amended from time to time and which is available on our website) which are necessary to ensure that such items can be sorted, recorded and delivered using our mail machinery and/ or staff You must ensure that any customers, agents or other parties using this service are aware 2

3 of the prohibitions and restrictions in the mail described in Clause You must (except for Business Reply Plus and Freepost Plus designs) seek our prior approval to each design and layout which you intend to use for pre-printed items to ensure that they meet our design, layout and technical requirements for Response Services We also highly recommend that our prior approval is sought for all Business Reply Plus and Freepost Plus designs You are advised to seek such approval in advance of incurring printing and other costs for which we will not be responsible if a design or layout needs to be changed You must also ensure that all items once printed comply with our design, layout and technical requirements for Response Services. 3.2 You must seek our prior written approval to any variation to the form of address in the application form to which you wish Response Services items to be addressed and if we grant our approval, you will be allocated an additional licence number for any new address. When seeking our prior approval, please state specifically whether you continue to require a licence for the original address set out in the application form ( prior address ) or state that you no longer require this licence for the prior address. In the absence of such notice, we reserve our rights to continue to charge a licence fee for the prior address until you give us written notice that you no longer require the licence for the prior address. 3.3 In addition to the licence fee referred to in clause 1, you must pay the appropriate postage (depending on the class of service, weight and format selected) in respect of Response Services items posted at the per item rate set out in a price confirmation letter, the rate card (as applicable) or as advised in writing by us to you from time to time. 3.4 All charges, rates, fees and prices exclude VAT unless otherwise stated. You must pay any VAT chargeable on such sum. 3.5 We may require you to pay sums of money from time to time in advance, as a part payment on account of postage, which may become due and payable in respect of Response Services items as may be posted without prepayment. This amount will be such sum as we will deem sufficient to cover the postage likely to be incurred during a period of six weeks. You will thereafter from time to time (as and whenever requested by us) pay in advance postage we consider likely to be incurred during subsequent periods. 3.6 We will, where appropriate, invoice you weekly for the postage due in respect of all Response Services items posted under this agreement and recorded by us during the previous seven calendar days. You must pay all invoices when due. 3.7 If you think we have made an administrative mistake in the amount of an invoice you must, within seven days of the date of the invoice, tell us, and give us all relevant information to support your claim. If we agree with you, we will make an adjustment to your invoice as necessary. 3.8 You may apply to us for a postage credit account, the granting of which is subject to credit checks and separate terms. 4. If you fail to comply with our design specification, layout and technical requirements in accordance with clause 3.1, we will be entitled to surcharge the postage payable in respect of each such Response Services item as set out in the Response Services User Guide. 5. Should we receive any enquiry or complaint from any source concerning this agreement, we reserve the right to disclose your full name and address (as indicated on the application form). 6. We offer a first and second class delivery service, as selected by you for Response Services and we aim to deliver Response Services items within the standard delivery aims for first and second 3

4 class mail. If you wish to send Response Services items by our Special Delivery service you must adhere to our applicable terms for that service. For the avoidance of doubt where the items referred to in clause 8 are sent using our Special Delivery Guaranteed Returns product the terms applying to that service will prevail over clause Freepost NAME 7.1 The allocation of a Freepost NAME is at our discretion. We reserve the right to ask you for evidence of your entitlement to use a particular name and to revoke a Freepost NAME in the event of a complaint by a third party. 7.2 It is your responsibility to make sure that the Freepost NAME to which this licence applies does not infringe the intellectual property rights of a third party. 7.3 We accept no liability (whether in contract or in tort or otherwise) in relation to the trade mark or copyright status of the Freepost NAME to which this licence applies. You will indemnify and keep us indemnified against any costs, claims, losses, liabilities, damages or expenses incurred as a result of any claim that the name or use thereof infringes the intellectual property rights of a third party. 7.4 Freepost NAME can only be used in conjunction with our 1st Class service and may not be used with Special Delivery or any other Royal Mail signed for delivery service. 7.5 You must hold only one Licence and delivery address per Freepost NAME. You must send pre-printed items to us to obtain our prior approval for the design and layout. We recommend that no other address elements appear on the front of the item (that is the addressed side) other than the agreed Freepost NAME. 7.6 Every advertisement which includes an invitation to post Freepost NAME items as a response to the advertisement must: state that Response items must be addressed in the exact way in which we agree it with you; and include an explicit statement indicating that there is no need to put a stamp or any further address details on the Response items; 7.7 Your Freepost NAME must only be used in connection with advertisements and Response items which will be handled under this licence. Should we receive any enquiry or complaint concerning any such advertisement or Response item, we will be at liberty to disclose your full name and postal address. 8. Restricted and Prohibited Material 8.1 You must make sure that you comply with any prohibitions, restrictions or specific requirements in the United Kingdom. 8.2 The licence granted under this agreement must not be used to post restricted materials unless the restrictions and specified requirements set out on (or any replacement URL) are complied with. 8.3 The licence granted under this agreement must not be used to post prohibited material. 8.4 Without limitation to the other provisions of this agreement, the licence granted under this agreement must not be used to send the following materials: aerosols for personal grooming or medicinal purposes; alcoholic beverages with an alcohol content less than 70% ABV but greater than 24% ABV; perfumes and aftershaves; nail varnish and nail polish; lithium ion and lithium polymer or lithium metal and lithium alloy batteries when sent in and with equipment; 4

5 8.4.6 electronic items including lithium batteries of any kind when the batteries are sent with or installed in the electronic item; and prescription medicines and drugs sent for scientific or medical purposes (toxic, flammable or toxic and flammable). 8.5 You will indemnify and keep indemnified us, our employees, sub-contractors and agents against any loss or damage suffered or liability incurred as a result of you posting prohibited materials or not complying with the restrictions and/or requirements applying to restricted materials. 8.6 If we have reasonable suspicion that an item contains prohibited material or restricted material (and does not comply with the relevant restrictions or requirements) we may open that item or delay processing and delivery. 8.7 If the licence granted under this agreement is used to post prohibited material or restricted material (and not in compliance with the relevant restrictions or requirements) we may deal with it as we see fit (without incurring any liability whatsoever to you or your intended recipient) including destroying or otherwise disposing of the relevant item in whole or in part or returning the relevant item to you. We are entitled to charge you: the cost of disposal and/or destruction; the standard postage price; and/or all other costs reasonably incurred by us. 8.8 We may, acting reasonably, add or remove items from the list of prohibited materials and/or restricted materials (and may vary any applicable restrictions) without notice, but will endeavour to make the details of such additions, deletions or variations available on our website. The list of prohibited materials and restricted materials (and any applicable restrictions) must be checked prior to posting any item. 9. Termination 9.1 We or you may terminate this agreement upon giving the other one month s notice in writing at any time. 9.2 Either you or we can end this agreement immediately by giving notice to the other if the other is breaking any of its responsibilities under this agreement and they: cannot do anything to put the matter right; or can do something to put the matter right, but fail to do so within 14 days of being asked. 9.3 Either you or we can end this agreement immediately by giving notice to the other if: the other becomes bankrupt or is not able to pay its debts; the other passes a resolution for winding up of its business, or a court makes an order to wind up the business (in either case, other than for the purposes of reorganisation); a receiver, manager or an administrator is appointed over any or all of the assets of the other; or the other makes any arrangement with or for the benefit of its creditors. 9.4 If this agreement is surrendered by you or terminated by us or you: any Response Services items received by us after such surrender or termination will be treated for all purposes as mail on which the postage is unpaid; we will refund any remaining balance of the money paid on account in accordance with clause 3.9 less any sum due to us. 5

6 9.5 If either of us ends this agreement, we will keep the rights we have against each other up until the date the agreement ends. 9.6 In an emergency situation where it is to the mutual benefit of us and you, we will terminate this agreement within 48 hours, in which case: 10. General any Response Services items received by us after termination will be treated for all purposes as mail which is to be returned to the sender or disposed of by us; and we will refund any unexhausted balance of the money paid on account in accordance with clause 3.9 less any sum due to us Any notice to be provided under this agreement to (i) you will be sufficiently given if left at or sent by post addressed to it at the normal postal address set out on the application form or your last known or usual address; (ii) to us will be sufficiently given if left at or sent by post addressed to Head of Response Services at Mail Media Centre, Stukeley Street, LONDON, WC1V 7AB Our duties to you under this agreement and arising in relation to it are limited to granting the licence as set out in the agreement If we do not provide the licence because of our negligence, we will credit you on a pro rata daily basis for each working day when we did not provide the service and this will be our only liability to you except for liability that cannot by law be excluded or limited, such as liability for death or personal injury caused by our negligence Please note, except as provided for in clause 8 above, this does not affect your rights under a scheme or contract for the delivery of a postal item. Unless clause 8 applies, the conveyance of a packet or parcel, letter or any other items under our postal services, which are subject to this agreement is governed either by a scheme made under the Post Office Act 1969, the Postal Services Act 2000, or a contract with us, and compensation for loss of, or damage to, such an item, or if we deliver an item late is provided for under that scheme or contract and not this agreement. You can find out more about schemes at If due to circumstances beyond its control, such as outbreak of war, any Government act or civil commotion, or to circumstances such as industrial action, lockout, stoppage or restraint of labour whatsoever and whether any of the said circumstances described in this clause are partial or general, either party is unable for any period to perform or refuses to perform its obligations under this agreement, it will not incur any liability to the other for any loss or damage suffered by reason of such inability or refusal We may change the terms of this agreement or introduce new terms for our products and services by giving notice to you and/or by publishing such changes or new terms on our website. We will notify you of a price increase or a change to your agreement which we believe to be significant, at least 30 days before it happens. Sometimes we may need to make changes to our charges or the terms and conditions of a product for reasons which are outside our control, or for legal or regulatory reasons. If we need to make changes for these reasons, we will let you know as soon as we can, but we will not have to meet the timescales set out above A person who is not a party to this agreement will not have any right or benefit under or in connection with it If any court with the correct authority finds any part of the agreement to be invalid, illegal or unenforceable, this will not affect the other parts of this agreement. 6

7 10.9 Each of us acknowledges that we cannot transfer the rights and duties under this agreement without the consent of the other, such consent not to be unreasonably withheld or delayed. You can use another person to carry out any of your duties as long as you tell us first. You will be responsible to us for any action that person takes or fails to take. We can use others to perform our duties and exercise rights but we will be responsible for them This Licence is governed by and will be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. September 2013 Royal Mail, the Cruciform and the colour red are registered trade marks of Royal Mail Group Ltd. Royal Mail Group Ltd, registered in England and Wales, number , registered office: 100 Victoria Embankment, London, EC4Y 0HQ. Copyright Royal Mail Group Ltd All rights reserved. 7