IMMEDIATE REACH ADVERTISING AGREEMENT
BETWEEN
Immediate Reach ("the Publisher")
and
The Advertiser, being the business, sole trader, partnership or company identified during booking, quotation acceptance, invoice acceptance, checkout or payment ("the Advertiser").
Together referred to as "the Parties".
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1. DEFINITIONS
1.1 Booklet means the Home Emergency & Improvement Booklet produced and distributed by the Publisher.
1.2 Campaign Footprint means the distribution of 8,000 households within the agreed campaign area during a single campaign cycle.
1.3 Campaign Period means one advertising and distribution cycle lasting four (4) months.
1.4 Visual Display Advertisement means a graphical advertisement placed within a Trade Category page of the Booklet.
1.5 Standard Visual Display Advertisement means the standard advertisement format offered by the Publisher.
1.6 Premium Visual Display Advertisement means the larger advertisement format offered by the Publisher.
1.7 A-Z Directory Listing means a text-based business listing contained within the directory section of the Booklet.
1.8 Every Visual Display Advertisement includes one complimentary A-Z Directory Listing within the relevant Trade Category.
1.9 Trade Category means a business classification determined by the Publisher, including but not limited to Plumbing, Electrical, Roofing, Joinery, Landscaping and similar trades.
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2. TRADE CATEGORY STRUCTURE
2.1 To maintain advertising value and reduce excessive competition, the Publisher limits the number of businesses represented within each Trade Category.
2.2 Each Trade Category page shall contain a maximum of five (5) Visual Display Advertisements.
2.3 Every Advertiser purchasing a Visual Display Advertisement shall receive one complimentary A-Z Directory Listing within the relevant Trade Category.
2.4 Businesses that do not purchase a Visual Display Advertisement may, subject to availability, purchase an A-Z Directory Listing only package at the Publisher's prevailing rate.
2.5 A maximum of five (5) paid A-Z Directory Listing only positions shall be accepted within each Trade Category.
2.6 Accordingly, the maximum number of businesses represented within any Trade Category shall be ten (10), comprising:
a) five (5) Visual Display Advertisers with complimentary directory listings; and
b) five (5) paid A-Z Directory Listing only advertisers.
2.7 All advertising positions and directory listings are allocated on a first-paid, first-reserved basis.
2.8 The Publisher reserves the right to determine Trade Category classifications and directory placement for publication purposes.
2.9 Acceptance of an advertisement does not grant category exclusivity unless expressly confirmed in writing by the Publisher.
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3. CAMPAIGN DETAILS
3.1 The Publisher shall produce, print and distribute the Booklet within the agreed campaign area.
3.2 The Campaign Footprint for each campaign cycle shall be 8,000 households, distributed during a four-month campaign period in four planned delivery phases of approximately 2,000 households per month.
3.3 The Publisher reserves the right to make reasonable adjustments to booklet layout, pagination and design where necessary for production purposes, provided the Advertiser receives the purchased advertisement size.
3.4 Advertisement placement may vary between editions unless a specific placement agreement has been confirmed in writing.
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4. PAYMENT POLICY
4.1 Full payment must be received before advertisement production, design work, artwork finalisation or print scheduling begins.
4.2 Advertising space is not reserved until cleared funds have been received.
4.3 Because advertising positions are limited and acceptance of a booking may result in competing businesses being declined advertising opportunities, all accepted bookings are final.
4.4 All payments are non-refundable except where required by applicable law or where the Publisher fails to provide the purchased advertising service.
4.5 The Publisher operates a strict no-credit policy.
4.6 Prices are exclusive of VAT unless expressly stated otherwise.
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5. ARTWORK AND APPROVAL
5.1 The Advertiser shall provide all logos, images, text, contact details and other required materials within seven (7) business days of booking unless otherwise agreed in writing.
5.2 The Publisher may prepare advertisement artwork using the materials supplied.
5.3 The Advertiser shall review and approve advertisement proofs within forty-eight (48) hours of receipt.
5.4 Production deadlines are critical to the successful publication of the Booklet.
5.5 Failure by the Advertiser to provide required materials, corrections or approvals within the required deadlines may result in forfeiture of the booking.
5.6 In the event of forfeiture caused solely by the Advertiser's failure to comply with artwork deadlines, all fees paid shall remain non-refundable.
5.7 Once artwork has been approved and submitted for print, no further changes can be guaranteed.
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6. ADVERTISER CONTENT
6.1 The Advertiser warrants that all supplied content is lawful, accurate and does not infringe the rights of any third party.
6.2 The Advertiser is responsible for verifying all telephone numbers, email addresses, website addresses, pricing information, qualifications, accreditations and claims contained within the advertisement.
6.3 The Publisher reserves the right to reject, amend or remove content that it reasonably believes to be unlawful, misleading, defamatory, offensive or otherwise unsuitable.
6.4 The Publisher shall not be liable for errors contained within materials supplied or approved by the Advertiser.
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7. DISTRIBUTION
7.1 The Publisher shall distribute the Booklet directly using its own delivery personnel.
7.2 The Publisher shall distribute the Booklet to the Campaign Footprint of 8,000 households during the Campaign Period.
7.3 Delivery personnel carry GPS-enabled devices that record route data, timestamps and coverage information during distribution activities.
7.4 Digital GPS tracking records compiled directly by the Publisher's delivery personnel shall constitute the primary and authoritative evidence of distribution activity and route completion for the purposes of this Agreement.
7.5 To protect resident privacy and comply with privacy obligations, the Publisher does not record video footage of individual letterbox deliveries.
7.6 Upon reasonable request, the Publisher may provide route maps, coverage reports or similar records as evidence of distribution activity.
7.7 The Publisher shall not be liable for isolated delivery failures, inaccessible properties, gated developments, letterbox restrictions, adverse weather conditions or circumstances beyond its reasonable control.
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8. DISTRIBUTION COMPLETION
8.1 If the Publisher becomes aware that any part of the Campaign Footprint remains incomplete, the Publisher shall undertake additional distribution activity within a reasonable period to complete the remaining Campaign Footprint wherever reasonably practicable.
8.2 Completion of the Campaign Footprint through supplementary distribution activity shall constitute full performance of the Publisher's distribution obligations.
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9. RENEWALS
9.1 Existing advertisers may be offered priority renewal opportunities before advertising positions are released to new advertisers.
9.2 Renewal reminders may be issued before publication deadlines.
9.3 No automatic renewal or automatic payment collection shall occur unless expressly authorised by the Advertiser.
9.4 The Publisher may, but is not obliged to, offer renewing advertisers the opportunity to retain substantially similar advertising positions between editions.
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10. CAMPAIGN PERFORMANCE
10.1 The Publisher does not guarantee enquiries, telephone calls, website visits, leads, sales, revenue or any specific commercial outcome.
10.2 Advertising performance may vary depending upon consumer demand, market conditions, pricing, competition, seasonality and numerous factors beyond the Publisher's control.
10.3 The Advertiser acknowledges that advertising is intended to increase visibility and brand awareness and that commercial outcomes cannot be guaranteed.
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11. PUBLISHER LIABILITY
11.1 If the Publisher fails to publish an advertisement due solely to its own error, the Publisher's liability shall be limited to either:
a) re-running the advertisement in a future edition at no additional cost; or
b) refunding the fee paid for the affected advertisement.
11.2 The Publisher shall not be liable for indirect, consequential or economic losses including loss of profit, loss of opportunity, loss of goodwill or loss of business.
11.3 The Publisher's maximum aggregate liability under this Agreement shall not exceed the total amount paid by the Advertiser for the relevant campaign.
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12. MARKETING RIGHTS
12.1 The Advertiser grants the Publisher a non-exclusive licence to display the Advertiser's business name, logo and finished advertisement for portfolio, sales, marketing and promotional purposes.
12.2 The Publisher shall not alter the Advertiser's branding in a misleading manner.
12.3 Materials already printed, published or distributed prior to any withdrawal request need not be removed.
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13. FORCE MAJEURE
13.1 Neither Party shall be liable for delays or failures caused by events outside their reasonable control including severe weather, natural disasters, industrial disputes, transport disruption, governmental action, supply chain shortages, utility failures or other unforeseen events.
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14. GENERAL
14.1 This Agreement constitutes the entire agreement between the Parties.
14.2 Any amendment to this Agreement must be agreed in writing.
14.3 If any provision is found unenforceable, the remaining provisions shall remain in effect.
14.4 Failure to enforce any right under this Agreement shall not constitute a waiver of that right.
14.5 This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.
14.6 The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from this Agreement.
14.7 This Agreement is a legally binding Business-to-Business (B2B) contract executed electronically between the Publisher and the Advertiser. No physical signature, paper documentation or manual exchange is required for the formation, validity or enforceability of this Agreement.
15. ELECTRONIC ACCEPTANCE AND EXECUTION
15.1 The Advertiser acknowledges and agrees that it shall become legally bound by this Agreement upon the occurrence of any of the following actions:
a) the successful processing of a card payment or bank transfer in respect of the advertising services;
b) the acceptance or payment of an invoice issued by the Publisher;
c) the submission of an online booking or order form; or
d) the selection of an electronic acknowledgement, acceptance, or Terms and Conditions confirmation box provided by the Publisher.
15.2 Any action listed in Clause 15.1 shall constitute full acceptance of this Agreement and shall have the same legal effect as a handwritten signature.
15.3 Electronic records maintained by the Publisher, including payment records, booking records, invoice records, electronic acknowledgements and website transaction records, shall constitute evidence of acceptance of this Agreement.
15.4 The Advertiser confirms that it is entering into this Agreement in the course of business and not as a consumer.
15.5 This Agreement shall take effect immediately upon acceptance in accordance with Clause 15.1.