Letterbox Distribution Service Terms & Conditions
“Client” means jointly the company referred to herein with the heading “Customer” or “Advertising Agency” or “Mailing House”. “distribution” means a single distribution event. “MailPost” means MAILPOST MEDIAFORCE ABN 78 637 856 583. “territory” means the total area of distribution, but for the purposes of the MailPost Guarantee territory refers to the daily walking pocket of a single Postie route delivered.
Acceptance of Terms and Conditions of Use
These Terms and Conditions govern your use of the MailPost Letterbox Distribution Service. By using the MailPost Letterbox Distribution Service you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not engage and use the MailPost Letterbox Distribution Service.
In no event shall MailPost, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Services.
Intellectual Property and Copyright
All content included on the MailPost Website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of MailPost, or its suppliers and is protected by Australian and International copyright laws. The compilation of all content on this site is the exclusive property of MailPost and protected by Australian and international copyright laws. They should not be reproduced or used without express written permission from the Chief Executive Officer of MailPost.
Use of Information Submitted
MailPost is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send through the MailPost Website or to any MailPost email address, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MailPost Website or other related Websites. Furthermore, by eMailing or posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice.
MailPost aims to conduct a thorough and timely distribution of the Client’s printed material each and every time. If in the rare case that any distribution in a MailPost Postie territory achieves less than 99% letterbox penetration*, MailPost guarantees to reprint the same material and redistribute it within that territory, at no additional cost to the Client.
99% Letterbox penetration*: The method employed to track the distribution is by GPS audit tracking technology. Upon request and the payment of an administrative fee of $17.50, a GPS audited detailed map will be supplied to the Client online showing the date, time and route of any MailPost Postie walking beat.
The reprinting of any material is limited to the Client’s initial cost of print for the inadequate delivery territory. The Client will have the option to re-schedule the replacement distribution for a period no later than six months from the original distribution date. MailPost Guarantees are limited to the number of MailPost owner-operator walking territories comprising of approximately 1,000 households each where there has been an inadequate distribution of material.
MailPost cannot deliver to mailboxes that are not accessible or have “no advertising mail” or similar signs. MailPost distribution rates and payments include all the mailboxes in a given territory.
The Client guarantees payment to MailPost for all booked distribution dates two weeks prior to any distribution start date. The Client shall pay to MailPost directly the agreed amounts by the due dates as set out in the Invoice. Any fees or charges incurred by MailPost as a result of the Client’s dishonoured payment must be paid by the Client to MailPost, including the payment of a dishonour fee of $50-00 for each dishonoured transaction.
A MailPost Order agreement lapses when the total number of distribution jobs are delivered. If payment is not received as per the Terms of payment agreed to in writing then MailPost reserves the right to cancel an agreement by giving the Client written notice.
All monies paid by the Client are non-refundable under any circumstance, except at the absolute discretion of MailPost.
However, if a Client cancels a booking 10 days before their job is scheduled to commence, the Client may be entitled to be refunded 70% of the total order or if the Client cancels a booking 5 days before their job is scheduled to commence, the Client may be entitled to be refunded 50% of the total order, depending on circumstance and the particular territory and Regional Area.
The Client indemnifies MailPost from all liabilities arising from any misleading or misrepresentations contained in the advertisement articles distributed by MailPost. The Client warrants that it has complied with all laws and regulations both State and Federal, relating to the advertising material contained in the articles for delivery by MailPost and that the articles do not contain anything which is defamatory or offensive and that the content of any advertisement does not breach the copyright, trademark or other intellectual property rights of any legal entity.
MailPost shall deliver unaddressed mail in the normal course of its business provided always that delivery of material shall be made within five working days of receipt of the material at the office of delivery. After the second week in December and before the second week of January each year delivery is subject to special arrangements between MailPost and the Client. Material other than material which are community notices permitted by law will not be delivered to any locations displaying notices or signs bearing the words amounting to “no advertising material” or similar.
Size and Type:
Material lodged pursuant to this agreement must not be larger than 360mm x 260mm. All materials for distribution must be identical in size and weight. Material may be lodged as enveloped, wrapped or unwrapped. If an unwrapped material measures more than 360mm x 260mm when flat and unopened, then it must be folded flat prior to lodgement to a maximum width of 130mm (any number of folds is acceptable) and a maximum thickness of 2mm.
MailPost may request additional requirements for the lodgement of material as published by MailPost from time to time and in relation to:
(i) the arrangement of material so as to facilitate their delivery and; (ii) a prohibition of lodgement of material for delivery generally, or in respect of particular areas during a nominated period or periods.
MailPost will make every effort to complete the order as agreed. In the event of strikes, lockouts, fires, accidents, transport delays, supply shortages, equipment failure or any other cause whatsoever and beyond MailPost’s control, then MailPost could vary, delay or cancel all or part of an order for as long as necessary, provided that any delay does not exceed a period of three (3) months. In the event of delays caused through national disasters or acts of God, like, but not limited to fires, floods, droughts, pandemics, earthquakes or acts of war, then MailPost could pause, vary, delay or cancel all or part of an order for as long as necessary.
Entire Agreement & Severability:
These Terms and Conditions together with the MailPost Guidelines and your MailPost Invoice reflecting your order request contain the entire agreement between the parties for any orders placed with MailPost. If a term of this Agreement is held to be invalid or unenforceable by any court or tribunal, the remaining terms herein shall remain valid and to be given its full force and effect.
Jurisdiction and Law:
This Agreement shall be governed by the laws of the State of New South Wales and all disputes must be brought before the State or Federal Courts in this State.
Last updated 26th June 2021.