Terms and Conditions of Pear Media Ltd & Pear Communications Ltd
In these Standard Terms:
"MATERIALS" your leaflets, brochures, posters or other articles as are appropriate for distribution by
us or display in our racks as part of your marketing campaign.
"WAREHOUSE" Unit 3, Vale Business Park, Llandow, CF71 7PF or any other premises rented or
leased by Pear Media Ltd and Pear Communications Ltd
“OFFICE” Same as above.
"SERVICES" as specified in the accompanying order acknowledgement
‘INPUT MATERIAL’ means any Documents or other materials, and any data or other information
provided by the Client relating to the Specified goods or service.
‘OUTPUT MATERIAL’ means any documents or printed materials, and any electronic or hard copy
data or other information.
‘CLIENT’ means the person for whom Pear has agreed to provide the Specified Service in accordance
with these Conditions and shall include their respective successors in title to substantially the whole
of their respective undertakings.
THE PROVISION OF SERVICES
In providing the services we are acting only as a display services provider and not as an advertising
agency or consultancy. Consequently it is your responsibility to satisfy yourself that the services
accord with your marketing needs. We cannot predict the likely demand for the materials and
consequently we can give no guarantee as to the number of items the public will take. Similarly, if
demand for the materials is greater than you expect, we cannot guarantee that stocks will last for
the planned duration of the distribution campaign. We cannot control the removal of the materials
from our racks by third parties. However, we will make every endeavour to ensure as great a
continuity of display as possible and to contact you when further stocks of the materials are
required. It will be your responsibility to supply further materials to our Premises. Our fees remain
payable if we are wholly or partially prevented from providing the Services by your default in respect
of your obligations to us.
The materials will be insured against loss or damage arising from insured risks while they are stored
at the Premises, but any liability that we may incur in relation to loss or damage to the materials
shall be restricted in all circumstances to the sums recoverable under our insurance policy or policies
in place from time to time. Details of our current insurance policy are available on request.
Payment for our services is to be made within 30 days of the receipt of our invoice or, if stated, in
full prior to the commencement of the distribution campaign.
It is your responsibility to ensure that your material is not illegal, defamatory or an infringement of
the British Code of Advertising Practice. We reserve the right to exclude or omit any material that we
reasonably believe to be illegal, defamatory or an infringement of the Code.
CHANGES AND CANCELLATION BY US
Occasionally we may have to make changes to the services we offer. Most of these changes will be
minor and we will advise you of the change as soon as we are able to. If there is a significant change,
due to an event beyond our control, you will be offered a choice of an alternative comparable
service or a refund. If the reason for the significant change to the service is due to cancellation by a
third party we will not be liable to offer you any compensation.
CANCELLATION BY YOU
In accordance with the terms of the Distance Selling Regulations, your organisation may cancel this
contract within seven days unless you have agreed in writing that we will start providing the Services
immediately. You may then cancel the contract at any time prior to the commencement of the
marketing campaign but subject to such charge as we deem reasonable in respect of the Services we
have provided. Payment in full will be required in respect of any cancellation after the marketing
campaign has commenced.
CONFIDENTIALITY & DATA PROTECTION
(a) We will not disclose any confidential information about you unless legally obliged to do so. We
will use any confidential information which is disclosed to us solely for the purpose of providing the
Services contemplated by this or any other agreement. We may store information relating to you
electronically and will take all reasonable precautions to ensure its security.
(b) The Client shall not directly or indirectly divulge or make use of any Confidential Information,
including but not limited to reports, delivery sheets, emails, electronic maps and data issued by Pear,
outside of the scope or working between the Client and Pear. All Output Material is confidential and
remains the sole property of Pear Media Ltd and Pear Communications Ltd.
(c) Without the prior written consent of Pear you shall not directly or indirectly misappropriate,
divulge, or make use of any Confidential Information including but not limited to reports, delivery
sheets, emails, electronic maps and data gained during the supply of Services.
We will be entitled to refuse Services to you should you become bankrupt, or a receiver or liquidator
be appointed over any part of your assets.
RECALL OF MATERIALS
We can make no refund in respect of your recall of any materials or any consequent gap this may
cause in advertising coverage. However, we will, on your instructions, accept any revised leaflets and
these will be distributed in place of your old stock, in the normal way, as existing stocks run down in
Unless agreed otherwise in writing, you will be responsible for delivering the materials to our
Premises at no less than two clear working days before the commencement of distribution. You will
also be responsible for the collection from our Premises of any materials in our possession which
have not been used by the end of the advertising campaign or earlier if we cease to provide our
Services for any other reason. We will dispose of (recycle) any leaflets that are not collected without
liability of loss or damage, as follows:
Where your organisation informs us either orally or in writing that you will not be collecting any such
In any other circumstances where we have written to you informing of our intention to destroy the
materials you have not collected them within a period of two weeks from the date of our letter.
LIABILITY AND INDEMNITY
(a) Except in respect of death or personal injury caused by Pear’s negligence, Pear shall be under no
liability for any loss or damage (whether direct, indirect, or consequential and including loss of
profit, loss of business, depletion of goodwill, loss of business opportunity or loss of savings)
howsoever arising which may be suffered by the Client as a result of Pear’s actions or failure to act.
(b) Pear shall have no liability to you for any loss, damage, costs, expenses or other claims for
compensation arising from any Input Material or instructions supplied by you which are incomplete,
incorrect, illegible, out of sequence or in the wrong format, or arising from their late arrival or non
arrival, or any other fault of you.
(c) Pear shall not be liable to the Client or deemed to be in breach of the contract by reason of any
delay in performing, or any failure to perform, any of Pear’s obligations in relation to the specified
Goods or Service, if the delay or failure was due to any cause beyond Pear’s reasonable control.
(d) Where complaint may arise with any goods or service provided by Pear the Client must notify
Pear in writing within 7 days of being aware of complaint.
The property and any copyright or other intellectual property rights in:
(a) Any Input Material shall belong to the Client.
(b) Any Output Material including reports, outlets lists, delivery sheets, photographs , etc shall,
unless otherwise agreed in writing between the Client and Pear, belong to Pear.
The Contract (Rights of Third Parties) Act 1999 shall not apply to this or any other contract between