&Co Terms and Conditions
Data protection
Under the Data Protection Act, we have a legal duty to protect any personal information we collect from you. &Co is the data controller for this web site and does not capture and store any personal information about individuals who access this web site, except where you voluntarily choose to give us your personal details via email, or by using an electronic form, or enquiring about any of our services. In these circumstances, any personal information you supply will only be used to provide the information or service you have requested. Personal information is not disclosed to third parties unless this is indicated on the web page and / or relevant form at the point of collecting information from you, or as required by law.
Please note unless encrypted, email messages sent via the internet may not be secure and could be intercepted and read by someone else. Please bear this in mind when deciding whether to include personal or sensitive information in any email messages you intend to send.
Statistical data
We automatically collect statistical data about usage patterns on our website. This information is not used to identify any individual. It is only collected to provide us with an understanding of the areas of interest on our site and kept only for as long as required for this purpose.
Use of cookies
&Co uses cookies on this site in order to collect data to help it improve its information delivery. A cookie is a text file that identifies your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. &Co does not use cookies to collect any personal information about you.
The website uses Google Analytics to collect statistical data - please visit Google Analytics Terms Of Service for full details.
Links to non &Co external sites
This website contains links to other external non &Co sites. &Co is not responsible for the accessibility or content of non &Co owned sites.
Changes to this privacy policy
If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures you are always aware of what information we collect.
Who to contact about the policy
The &Co contact for Data Protection and Freedom of Information matters is:
Margaret Klenk, Finance and Operations Director
&Co, 46 The Calls, Leeds, LS2 7EY
margaret@andco.uk.com
Requests to access data collected by this web site may also be made to the Information Compliance Officer, Lisa Farrell. If you remain dissatisfied after raising an issue about this policy and / or a request to access personal information collected from you on this site, you may also contact:
Lisa Farrell
&Co, 46 The Calls, Leeds, LS2 7EY
Content
All of the content featured or displayed on this site, excluding some photography, is owned by &Co unless otherwise stated. Permission is granted to copy electronically and to print in hard copy all public components of the &Co website. Copy from this website may be reproduced in education or not-for-profit contexts without prior permission of &Co. However, modification and subsequent redistribution or republication for financial gain is prohibited. Please contact info@andco.uk.com if further clarification is needed.
Accessibility
We have developed this website to make it accessible to everyone. You can read about this further on our Accessibility page. If you find a problem that prevents access, please contact us at info@andco.uk.com
&Co Communicate
Please note that these terms and conditions must be accepted prior to an order being processed. Contract entered into by &Co shall be entered into subject to the following conditions:
Content
The placing of an order for distribution constitutes an assurance by the Client that:
- The material to be distributed (the print or online content) does not contain anything which is dangerous, constitutes an infringement of copyright, or is defamatory, obscene or otherwise illegal.
- All necessary authority and permission has been secured in respect of the use in the leaflet or online content of pictorial representations of (or purporting to be of) living persons and of words attributed to living persons.
Copy shall be legal, decent, honest and truthful, shall comply with the British Code of Advertising Practice or British Code of Sales Promotion Practice and all other codes under the general supervision of the Advertising Standards Authority. &Co reserves the right to require copy to be amended to meet its approval and to omit or suspend the distribution of any print or online content at its sole discretion. The client agrees to indemnify &Co in respect of all costs, damages or other charges falling upon &Co as the result of legal action or threatened legal action arising from the publication and/or distribution of the print or online content.
Supplies of printed materials to &Co
Material for print distribution shall be delivered to the Company’s specified delivered address not earlier than 2 weeks, nor later than one week prior to the commencement of the distribution. Deliveries should be made between Monday – Thursday 7am –3pm and Friday 7am – 12 noon. &Co reserves the right to make an additional charge of £10 per 1000 in respect of material supplied to the Company after the deadline or refuse to deliver such material, at its absolute discretion.
In the event of print material being different in terms of size, weight or shape to that specified on the order form &Co reserves the right to make an additional charge or to refuse to deliver such material, at its absolute discretion.
Print must be securely packed in regular quantities and clearly marked as such. &Co reserves the right to make an additional charge of £1 per 1000 for leaflets incorrectly packed or to refuse to deliver such material, at its absolute discretion.
&Co is under no obligation to check the quantity of printed material supplied for distribution nor accept the accuracy of any information shown on any delivery notes of the Client or the Client’s delivery agent, but will so far as reasonably possible notify the Client if the amount of material falls short or exceeds the requirements of the agreed distribution. No liability is accepted for Client’s printed material whilst in the Company possession.
Use of Data
&Co may, from time to time publish information relating to distribution of your print material. This information is for statistical and benchmarking purposes.
Cancellation and Alterations
Cancellations must be notified in writing to &Co seven working days prior to the distribution date. Cancellations for orders not so notified will be charged at a rate of 50% of the value of the original order.
Print Distribution
Unless otherwise stated, distribution will normally take place within the specified publication, to the individual addresses, which usually receive that publication within the area and on the date(s) scheduled. This does not necessary imply 100% penetration of all addresses within the area.
Whilst every effort will be made to meet the agreed schedule and this will always apply to dated material &Co reserves the right to vary both the method and timing of the distribution. This will be done in conjunction with the Client. The stated distribution objectives and overall quantity distributed are subject to a variance of up to 2% within the terms of contract. Distribution is undertaken on a contract price – not a payment by results basis.
Distribution Queries
&Co will not be responsible for the production costs of leaflets or loss of business or any other loss or damage howsoever arising occasioned by non-delivery or delay in distribution of leaflets for whatever reason, save as stated in the clause below.
Evidence of non-delivery, in the form of specific addresses of those who have not received the print material in the agreed area must be furnished to &Co with 5 working days of the distribution date. If the evidence proves there has been a total or partial failure of delivery in the agreed area the Company shall deliver the material to those addresses free or charge or refund the proportional cost of delivery to the Client but shall not incur any other liability whatsoever to the Client.
Complaints Procedure
Any complaint in respect of print distribution must be made in writing provide the name and full address (including post code) of any alleged nondelivery and must be received by &Co within seven days of the Finish Date of the print distribution giving full details of the complaint alleged. If the complaint is not received within that period &Co will not be able to undertake the appropriate action to investigate and remedy the complaint and &Co will not be liable to the Client for the complaint or any claim loss cost liability expense or demand arising there from.
Payment
- Unless a credit account is agreed payment must be received before the distribution date.
- Credit accounts are strictly net and must be settled within 30 days or interest will be charged at the prevailing legislated amount above the prevailing Bank of England base rate.
- &Co may withdraw any quotation at any time
- &Co shall be entitled to increase the price to reflect any increased costs to the Company up to the date of actual distribution on giving written notice to the Client.
- All orders must be accompanied by a valid purchase order number
Invoices from the company will be emailed directly to the named client representative and that represent
E-marketing Lists
In accordance with the Data Protection Act, we cannot pass on subscriber email addresses in any format. We will therefore send out e-communications to the purchased subscribers on the Client’s behalf.
The Client must supply the copy and any media required for inclusion in the e-flyer at least two working days before the date specified in the booking process. &Co cannot be held responsible for not sending e-communications by the specified date if all required media is not received two working days beforehand.
&Co will send a draft copy to the Client for approval prior to sending the e-flyer to subscribers. &Co will not send the communication until explicit approval from the Client is received. &Co will take all reasonable measures to contact the Client requesting approval but will not be held responsible for late sending if the client does not respond in time. Whilst we make every reasonable effort to maintain our subscriber databases in compliance with the Data Protection Act, we cannot guarantee 100% delivery rates on e-flyers.
Mailing labels
In accordance with the Data Protection Act, we cannot pass on subscriber addresses electronically, and will therefore supply your list as pre-printed address labels.
As orders will need to be sent in the post, please allow a minimum of three working days between placing your order and the day you need to receive your labels in order to guarantee timely delivery.
The placing of an order for mailing labels constitutes an assurance by the Client that:
- The material to be distributed does not contain anything which is dangerous, constitutes an infringement of copyright, or is defamatory, obscene or otherwise illegal.
- All necessary authority and permission has been secured in respect of the use in the leaflet or online content of pictorial representations of (or purporting to be of) living persons and of words attributed to living persons.
Whilst we make every reasonable effort to maintain our subscriber databases in compliance with the Data Protection Act, we cannot guarantee 100% delivery rates. We will issue credits for returned labels on request, upon receiving the returned labels or envelopes.
Online banner advertising
Banner orders received via the &Co website are for an advertising slot on the digyorkshire.com website as specified by the Client at the time of ordering. It is the Client’s responsibility to supply either a readymade banner advert to the required specification or, where the design service is required, to supply media to the &Co team.
Banner advertising is sold per page view. Bookings are non-exclusive, and where multiple banners are booked on the same slot they will be randomly selected each time the page is loaded by a site visitor.
&Co Connect
&Co reserves the right to change the date, speakers, venue and content for all events.
Events - Cancellation policy
Delegates who do not cancel by 4 working days prior to an event will incur a 100% cancellation fee (for delegates with free places this charge is 70%). Also for non-attendance on the day the above cancellation charges will apply. The reason for this charge is that even free places represent a financial cost, including (but not limited to catering, the production of delegate packs and administrative time). If a place is not taken up at an event, this is a place that could have been filled by a fee-paying delegate
Membership
These terms and conditions (subject to the Articles of Association of &Co (‘the Articles’)) govern the application of [Name of organisation] (‘the Applicant’) for it to be admitted as a member of &Co Yorkshire for the period from 1 April 2009 to 31 March 2010 inclusive (‘the Membership Period’).
1. The Applicant understands that the trustees of &Co will consider this application at their sole discretion and may refuse the membership without providing a reason.
2. If &Co accepts the application it will send to the authorised representative:
a). written notification that the application has been approved; and
b). an invoice for the non-refundable membership fee shown above (‘the Membership Fee’).
3. The Applicant must pay the Membership Fee within 30 days of the date of the invoice (‘the Payment Term’). If the Membership Fee is not paid before the end of the Payment Term then &Co:
a). may, at its discretion, remove the Applicant from the membership; and
b.) all membership benefits of the Applicant will be automatically be suspended until receipt of payment of the Membership Fee plus interest at a rate of 8% above base rate from time to
time from the date of the invoice until payment.
4. If for any reason the Applicant ceases to be a member of &Co at any time prior to the
end Membership Period:
a). any services purchased by the Applicant at the discounted members rate during the
Membership Period will be re-invoiced at the applicable non-members rate; and
b). &Co shall be entitled to retain the Membership Fee.
5. The Applicant understands upon acceptance of the application for membership of &Co it will become a member of &Co, a company limited by guarantee and not having a share capital. The Applicant confirms that it has had the opportunity to seek independent advice regarding the rights and obligation attaching to this status, including those set out in &Co’s Memorandum and Articles, and accepts these. (Only new members receive a copy. However, please contact Lisa Farrell, Connect Co-ordinator if you would like a replacement copy).
6. The Applicant undertakes to contribute such amount as may be required (but not exceeding a sum equal to £10) to &Co’s assets if it should be wound up:
a). whilst the Applicant is a Member of &Co; or
b). within one year from the date that the Applicant ceases to be a Member of Audiences Yorkshire; such monies to be applied for payment of &Co’s liabilities incurred during the Membership Period and other costs, charges and expenses of winding up, and for the adjustment of the rights of the contributors amongst themselves.
7. It is further understood by the Applicant that as a member it is entitled receive notice of, attend and to exercise one vote at general meetings of &Co. The procedure at these general meetings shall be governed by the Articles. The Applicant undertakes that it shall use its reasonable endeavours to attend any general meeting called by &Co and shall inform the trustees in writing of any reason which prevents it from attending.
8. Subject to the granting of the membership and unless such membership is terminated before the end of the Membership Period (either under clause 3 above, in accordance with the Articles and/or the Rules of &Co from time to time), the Applicant’s Membership of &Co shall commence on 1 April 2009 and continue to the end of the Membership Period when the Applicant shall be deemed to have retired from the membership subject to any renewal or extension of such membership by subsequent agreement between the parties.
9. The Applicant undertakes that it will at its own cost take such steps as required by &Co to give effect to its retirement at the end of the Membership Period referred to in clause 8 above.
10. The Applicant undertakes to abide by the terms of &Co’s Memorandum of Incorporation and Articles and by any Rules of &Co regulating the conduct of Members made from time to time.