Providing innovative solutions for clients in a cluttered advertising medium. We go that extra step to ensure that both our client, the agency and the advertiser knows that they have a great deal in place. We will provide clear direction on how to present the opportunity in the market place understanding how best to position each opportunity and how to manage it accordingly. We realise that each opportunity can also be an important communication vehicle for each client so we try to ensure the work we do compliments any Customer Relationship Management strategy already in place. Most importantly we will provide a clear strategy on how to achieve forecasted revenue streams so clients can budget with confidence.
Our sales team has been at the forefront of media inserts for the last decade. We have over 50 years of experience and currently manage over 600 million insert opportunities.
There is no doubt the last few years have brought enormous change to traditional media channels and none more so than with inserts. It’s no longer just enough to be front of house for our agencies although this does help! We’ve needed to introduce new ways of working with clients who are saying ‘I just can’t make inserts work’!
So we’ve introduced cost per acquisition campaigns for clients using more than the ‘trust and hope’ method and seen spend rocket by 500% in some cases. We’ve also introduced geo demographic profiling to hot spot areas for clients making sure the penetration of inserts fall in the right places.
The reason why we’re going the extra distance is that inserts are in our blood. We’re fighting hard to ensure the young media planners don’t walk away from a campaign because it’s too difficult to plan or looks too expensive to implement.
As a result Canopy has developed our client’s inserts inventory into multi-channel revenue streams and consistently delivered on budget.
Data driven direct marketing campaigns have proven to be one of the most effective methods of achieving greater response as well as customer acquisition.
At Canopy we create direct response campaigns that deliver market leading results through ethically sound, yet innovative treatment of data. We work with trusted media owners, creating opportunities that can deliver an advertiser’s offer to a valuable audience. Campaigns are sent from and endorsed by the media owner, creating stand out amongst the clutter of digital marketing messages, and dramatically increasing performance of the campaign against the norm.
In the right hands your email and data marketing activity can be completely transformed.
Here are some of the services we provide: Email Creation, Email Broadcast, Analysis, Consultancy.
Today’s insert market place has seen a dramatic increase in the importance of sourcing paper and print services cost effectively. At Canopy Media we organise insert print and delivery for many of our clients which allows us to ensure that we are keeping our client’s production costs to an absolute minimum.
To ensure we receive the keenest print prices, to allow maximum Return on Investment for our insert clients, we have negotiated competitive rates with our print partners, providing savings that we can pass on to you.
Call Shereen Benzaina on 0845 544 0935 if you would like a free, no obligation print quote.
The reader offer market has grown exponentially over the last decade as media owners use the value of their brands to promote product to their readership. Consumers identify significantly more with companies they have interacted with and therefore are more likely to buy products endorsed by the host.
All product sourced will be comprehensively vetted and matched to the target audience.
The day to day management of the account will provide;
• Sourcing of reputable advertisers with the right accreditations
• Contract negotiation (within agreed framework)
• Copy guidance, sign off and insertion
From the initial test stage through to national roll out we will provide consistent analysis of each campaign based on the following;
• Media channel response, conversion and uplift
• Remuneration
• Lifetime value
• Order fulfilment
A service established for established media owners! In today’s market place revenue stake-holders need to know their media opportunities are in safe hands and achieving forecasted revenue streams.
If Outsourcing feels too much of a leap of faith then Insourcing is the next step. It provides the media owner with the experience, expertise and direction whilst retaining control of their media.
At Canopy we have vast experience of providing this expertise alongside providing the administrational support needed to manage each opportunity from start to finish. We work as a cost of sale removing the traditional overheads from the P&L leaving media owners with the peace of mind that their business is in good hands.
Whether it is a 3rd party insert or a national media opportunity we have the expertise to make a difference.
Targeted at businesses who still see insert revenue as a major revenue source or have yet to venture into the market place, our service revolves around providing a bespoke solution for each client.
This can entail providing the complete service from the marketing and sales of the opportunity through to the invoicing and administration of each order. We’ll even provide the client with a self-billing reconciliation at the end of each month.
Emma’s Diary is the number one parenting title... Read more »
Emma’s Diary has an unparallel database with national and regional coverage and access to UK Young Families who proactively opt into its service and that of carefully chosen third parties.
Emmasdiary.co.uk is the online information source of Emma’s Diary, the UK’s number one parenting title with over 300k email, postal and telephone records.
Emma’s Diary
Emma's Diary, the Uk's number one parenting title, providing a complete on-line guide to pregnancy and beyond. The subscriber base contains over 300k registrants with email, postal and telephone data appended.
Emma’s Diary
Emma's Diary, the Uk's number one parenting title, providing a complete on-line guide to pregnancy and beyond. The subscriber base contains over 300k registrants with email, postal and telephone data appended.
Trader Media group is one of Europe’s largest... Read more »
Data for this file comes from their insurance generator producing 125,000 quotes a month. Via the online insurance quote engine, Auto Trader Compare, Trader Media Group has handled over 5.5 million requests for insurance quotes since 2007 and this data is now available to rent for direct mail, email and telemarketing purposes.
Auto Trader
Auto Trader is a household name and trusted brand. Auto Trader Compare, Trader Media Group has handled over 5.5 million requests for insurance quotes since 2007 and this data is now available to rent for direct mail, email and telemarketing purposes.
Auto Trader
Auto Trader is a household name and trusted brand. Auto Trader Compare, Trader Media Group has handled over 5.5 million requests for insurance quotes since 2007 and this data is now available to rent for direct mail, email and telemarketing purposes.
Guardian Media Group plc (often referred to as GMG)... Read more »
The Group is owned by the Scott Trust. It was founded as the Manchester Guardian Ltd in 1907 when C. P. Scott bought the Manchester Guardian. The Guardian and Observer newspapers are one of the only full colour daily and Sunday newspapers in the UK renowned for providing fact not opinion and at times, a controversial liberal voice.
Guardian Solus Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Guardian Solus Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Guardian Newsletter Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Guardian Newsletter Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Guardian Weekday Inserts
The Guardian is the only quality newspaper to take inserts Monday to Friday. Each day the Guardian features a different third section, attracting a distinct readership day to day in addition to the regular readership.
Guardian Weekend Magazine
Target an extremely well discerning audience through loose inserts in the Guardian Weekend Magazine. It is read by nearly 1.3 million readers who are young, affluent and highly engaged with the Newspaper.
Guardian/Observer Memo-Stick
Memo-Stick is a self adhesive sticker on the front of the Observer monthly magazines. Each campaign provides front page, solus placement therefore creating excellent standout for any advertisement.
Guardian/Observer Bound Ins
Create stand out whilst targetting the full readership by binding an insert into a section break in either the Weekend or Observer Magazines.
Sampling & Polybagging
Create the ultimate standout by either branding or inserting a sample within the polywrap around the Guardian and Observer magazines. Both provide a powerful message and ensure maximum exposure to the readership.
Guardian Inserts
Through technical expertise, a savvy approach to business and effective client management, Canopy have developed GNM’s inserts inventory into a multi channel revenue stream. As a result we have consistently hit budget.
Guardian Travel Email
Our unique approach to email marketing focuses on brand affinity between media owner and advertiser, in order to drive value.
The Observer is Britain’s oldest Sunday newspaper... Read more »
It is celebrated all over the world for its liberal values and vigorous campaigning and is characterised by brilliant writing from the likes of George Orwell and Clive James, to Andrew Rawnsley and Tim Adams today.
The Observer is part of Guardian News and Media and is owned by the Scott Trust, a unique press proprietor that monitors the progress of its holdings yet rarely intervenes. Not owned by shareholders, dictated to by a press baron or influenced by a political party, Observer journalists are free to present the truth as they see it.
Guardian/Observer Memo-Stick
Memo-Stick is a self adhesive sticker on the front of the Observer monthly magazines. Each campaign provides front page, solus placement therefore creating excellent standout for any advertisement.
Guardian/Observer Bound Ins
The Observer is Britain's oldest Sunday newspaper, and has been keeping readers informed and entertained for more than 200 years. It is celebrated all over the world for its liberal values and vigorous campaigning.
Observer Magazine
The Observer is Britain's oldest Sunday newspaper, and has been keeping readers informed and entertained for more than 200 years. It is celebrated all over the world for its liberal values and vigorous campaigning.
Sampling & Polybagging
Create the ultimate standout by either branding or inserting a sample within the polywrap around the Guardian and Observer magazines. Both provide a powerful message and ensure maximum exposure to the readership.
Trinity Mirror plc is one of the UK’s largest newspaper... Read more »
• Five National newspapers
• Over 160 Regional newspapers
• 500 plus digital products
Trinity Mirror Regionals is the regional division of Trinity Mirror. They currently have over 62 daily and weekly newspapers that they print and distribute. AMRA Direct are the sales house (owned by Trinity Mirror) who look after the TMR portfolio alongside other 3rd party contracts.
AMRA Reader Offers
The reader offer market has grown exponentially over the last decade as media owners use the value of their brands to promote product to their readership.
Progressive is one of the fastest growing media groups... Read more »
The PCP publish in excess of 100 magazines, manage over 100 websites, host more than 70 events and work with over 500 major companies producing data analysis and market insight reports. The PCP magazines, supplements, newsletters, company reports, thought-leadership mailings and research reports are incisive, engaging and highly effective in terms of reaching their targeted customer base.
economia Magazine
economia is a brand new publication for members of the Institute of Chartered Accountants in England and Wales (ICAEW).
Trinity Mirror Digital Property is the online property ... Read more »
Trinity Mirror Digital Property consists of four brands; SmartNewHomes, email4property, Zoomf and homesoverseas. Each of these sites attracts a unique audience which collectively strengthens the group, generating additional exposure and leads directly from homebuyers and renters.
Trinity Mirror Digital Property has a combined 840,000 visitors a month.
Trinity Mirror Digital Property
Trinity Mirror Digital Property is owned by Trinity Mirror plc, one of the UK’s largest newspaper publishers and Canopy Media is proud to manage the commercial data opportunities on their behalf.
DMR began trading in 1995 as Carsource Ltd... Read more »
Since then, they have dynamically expanded their online portfolio to become one of the UK’s largest online marketing companies. DMR consumer websites cover motoring, finance, classifieds, Insurance and the UKs fastest growing competition and lifestyle websites.
DMR
Data is captured via the popular competition sites Win4now and Instantwin4now, and survey sites Opinioniser and Voiceinacrowd.
DMR Insurance Group
This is a very reliable & robust data source, ideal for many DM advertisers requiring automotive, home, travel and health insurance, life style and occupational records.
Checking emails is still the primary reason for going online, and successful email marketing is one of the few media that can drive response without going via a search engine. To find out how Canopy uses great brands to deliver market leading response through email, have a look at our case studies, research and datacards below.
Auto Trader
Auto Trader is a household name and trusted brand. Auto Trader Compare, Trader Media Group has handled over 5.5 million requests for insurance quotes since 2007 and this data is now available to rent for direct mail, email and telemarketing purposes.
Download NowEmma’s Diary
Emma's Diary, the Uk's number one parenting title, providing a complete on-line guide to pregnancy and beyond. The subscriber base contains over 300k registrants with email, postal and telephone data appended.
Download NowGuardian Solus Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Download NowGuardian Newsletter Email
Guardian.co.uk is the UK’s most popular newspaper site. The multi-award winning site has been at the forefront of advances in digital media and online journalism, helping to pioneer the use of blogs and podcasts, and more recently online video.
Download NowGuardian Travel Email
Our unique approach to email marketing focuses on brand affinity between media owner and advertiser, in order to drive value.
Download NowTrinity Mirror Digital Property
Trinity Mirror Digital Property is owned by Trinity Mirror plc, one of the UK’s largest newspaper publishers and Canopy Media is proud to manage the commercial data opportunities on their behalf.
Download NowWe can provide innovative yet simple solutions that will help you stand out from your competitors. Each opportunity has its own distinct audience and with low duplication of consumers you can be assured of maximum exposure. From loose inserts for response led campaigns, to product inserts such as chocolate bars in sponsored polybags and home moving boxes, to onserts such as CD, DVD or special booklets, we can find the perfect solution for your campaign.
Guardian/Observer Newsprint
We have exclusive access to the Guardian Media Group’s Newspaper print presses which produce the leading quality press newspapers The Guardian and The Observer - PRINT NOW!
Download NowGuardian Weekday Inserts
The Guardian is the only quality newspaper to take inserts Monday to Friday. Each day the Guardian features a different third section, attracting a distinct readership day to day in addition to the regular readership.
Download NowGuardian Weekend Magazine
Target an extremely well discerning audience through loose inserts in the Guardian Weekend Magazine. It is read by nearly 1.3 million readers who are young, affluent and highly engaged with the Newspaper.
Download NowGuardian/Observer Memo-Stick
Memo-Stick is a self adhesive sticker on the front of the Observer monthly magazines. Each campaign provides front page, solus placement therefore creating excellent standout for any advertisement.
Download NowGuardian/Observer Bound Ins
Create stand out whilst targetting the full readership by binding an insert into a section break in either the Weekend or Observer Magazines.
Download NowObserver Magazine
The Observer is Britain's oldest Sunday newspaper, and has been keeping readers informed and entertained for more than 200 years. It is celebrated all over the world for its liberal values and vigorous campaigning.
Download NowSampling & Polybagging
Create the ultimate standout by either branding or inserting a sample within the polywrap around the Guardian and Observer magazines. Both provide a powerful message and ensure maximum exposure to the readership.
Download Noweconomia Magazine
economia is a brand new publication for members of the Institute of Chartered Accountants in England and Wales (ICAEW).
Download NowReaching out to consumers with targeted, personalised postal campaigns can achieve cut-through, avoiding the high volume of traffic and ‘spam’ filters Email Direct Marketing can experience. Postal marketing provides a great way to reach new consumers, directing them to a brand’s online channel and therefore working alongside E-DM to create a more comprehensive DM strategy. To read more about the postal opportunities available through Canopy Media, please view the datacards below.
Guardian Solus Email
Guardian.co.uk the multi-award winning site has been helping to pioneer the use of blogs, podcasts and more recently online video.
Download NowGuardian Newsletter Email
Guardian.co.uk the multi-award winning site has been helping to pioneer the use of blogs, podcasts and more recently online video.
Download NowGuardian Travel Email
Our unique approach to email marketing focuses on brand affinity between media owner and advertiser, in order to drive value.
Download NowDMR
Data is captured via the popular competition sites Win4now and Instantwin4now, and survey sites Opinioniser and Voiceinacrowd.
Download NowDMR Insurance Group
This is a very reliable & robust data source, ideal for many DM advertisers requiring automotive, home, travel and health insurance, life style and occupational records.
Download NowAuto Trader
Trader Media Group has handled over 5.5 million requests for insurance quotes since 2007 and this data is now available to rent for direct mail, email and telemarketing purposes.
Download NowEmma’s Diary
Emma's Diary, the Uk's number one parenting title, providing a complete on-line guide to pregnancy and beyond. The subscriber base contains over 300k registrants with email, postal and telephone data appended.
Download NowTrinity Mirror Digital Property
Trinity Mirror Digital Property is owned by Trinity Mirror plc, one of the UK’s largest newspaper publishers and Canopy Media is proud to manage the commercial data opportunities.
Download NowThese showcase our passion and expertise, and prove the effectiveness of our approach. We are proud of our client relationships, and the success we help them achieve. Click on one of the case studies below to find out how we do it.
AMRA Reader Offer
The reader offer market has grown exponentially over the last decade as media owners use the value of their brands to promote product to their readership.
Download NowGuardian Inserts
Through technical expertise, a savvy approach to business and effective client management, Canopy have developed GNM’s inserts inventory into a multi channel revenue stream. As a result we have consistently hit budget.
Download NowGuardian Travel Email
Our unique approach to email marketing focuses on brand affinity between media owner and advertiser, in order to drive value.
Download Now
“the list Owner” means the Owner of the List
“the list Manager ” means Canopy Media Management Ltd
“the Client” means the organisation or persons placing the order for the Advertisement to the List whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser
1. Application of Terms
1.1 The Contract for the hire of the List between the List Manager and the Client is on these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which the client purports to apply under any purchase order, confirmation of order, specification or other document.
1.2 No terms and conditions endorsed upon, delivered with or contained in the Client’s purchase order, confirmation of order, specification of other document will form part of the contract.
2. Warranties
The Owner has warranted to the List Manager that it is the legal owner of all rights and title in the List and that all data in the List has been lawfully obtained including the offer of opt out and opt-in where appropriate. The Owner has warranted that it is registered in accordance with the Data Protection Act 1998 and that requests for suppression or subject access for amendments to the File are made by the Owner within 30 days of receipt. The Owner has warranted to the List Manager that where necessary the List has been cleaned in accordance with the mailing preference service.
3. Intellectual Property
The Client acknowledges that the List Owner owns the copyright in the List. The Client agrees that no Intellectual Property Rights in the List or the information contained within it (including but not limited to copyright and rights of confidence) are transferred or licensed to the Client save as may be expressly provided in these Terms and Conditions.
4. Supply of the Service
The Client shall supply to the List Manager representative assets intended to be mailed and the List Manager shall submit those to the List Owner for its approval. When the List Owner provides to the List Manager its consent to supply the List for the proposed mailing the Client’s order will be deemed to have been accepted. The List will include a small percentage of seed names (unique names and addresses) so as to enable the Owner to monitor and verify usage of the List.
5. Content of the Advertising
The Client guarantees that:
5.1 any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
5.2 it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
5.3 the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes) under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
5.4 the Advertisement will not be prejudicial to the image or reputation of the List Owner.
5.5 the List Owner shall have absolute discretion in deciding whether or not to provide the List for the proposed mailing and the List Owner shall not be under any obligation to give any reason for its refusal.
6. Price and Payment
The Client will pay to the List Manager the rental charge for the use of the List in accordance with the List Manager’s rental rates as applied at the time of the acceptance of the Client’s order.
The List Manager shall be entitled to make additional charges for:-
6.1. limited or additional selections from the List; any work undertaken by the List Manager at the Client’s request which shall be agreed in writing before the work is undertaken; more than one use of the List. The Client shall pay to the List Manager any VAT properly chargeable on the supply by the List Manager of the List. No payment shall be deemed to have been received until the List Manager has received clear funds. If any payment is overdue the Client shall pay to the List Manager interest on the overdue amount at the rate of 5% above HSBC plc base rate from time to time from the due date until the date of payment.
7. Termination
The List Manager may terminate these Terms and Conditions immediately by notice if:-
7.2. The Client breaches any other provision of these Terms and Conditions;
7.4. In the event of a Receiver being appointed over the whole or any part of the assets of the undertaking of the Client or a winding up order is made against the Client or the Client goes into liquidation or makes any arrangement with its creditors or commits any act of bankruptcy. On termination for whatever reason, all rights of the Client shall cease immediately and the Client shall pay all outstanding sums due to the List Manager including all costs, charges or expenses (both direct and consequential) incurred by the List Manager by reason of such cancellation.
8. Limitation of Liability
The Client acknowledges that the vast majority of the information contained in the List is provided to the List Owner by third parties over whom the List Owner has no control, in particular in relation to the accuracy or completeness of such information. The Client agrees:- that the List Owner and the List Manager are not in any circumstances liable for any loss or damage at all arising from any inaccuracies, faults in, or omissions from or otherwise from the provision of the List unless caused by the Owner’s negligence or wilful default; and the List Owner and the List Manager shall not in any circumstances (including without limitation if the List Owner or the List Manager has been negligent or in breach of statutory duty) be liable for any loss of business, capital, profit, reputation or goodwill arising out of or in connection with these Terms and Conditions or the subject matter or any indirect or consequential loss or damage at all.
The entire liability of the List Owner and the List Manager to the Client in respect of all claims arising out of or in connection with the supply of the List or its subject matter (whether for breach of contract, negligence under statute or otherwise or at all) shall be limited to an amount equal to the price paid for the provision of the List. The List Owner nor the List Manager limits or excludes its liability for death or personal injury arising from its negligence. Except as expressly provided in these Terms and Conditions all representations, conditions and warranties, whether express or implied (by statute or otherwise) are hereby excluded to the fullest extent permitted by law. The Client shall indemnify the List Manager and the List Owner against any loss, damage, cost or expense (including reasonable legal costs on an indemnity basis) which the List Manager and the List Owner incur, suffer or become liable for as a result of its breach of these Terms and Conditions which results in a claim by any third party against the List Manager or the List Owner.
9. Miscellaneous
9.1. Force majeure – The List Manager shall not be liable to the Client for any delay in or failure of performance of its obligations under these Terms and Conditions arising from any cause beyond its reasonable control including, without limitation: act of God, governmental act, war, fire, flood, explosion, civil commotion, failure of the List Manager’s information technology or telecommunications services, failure of a third party (including, without limitation, failure to supply information) and industrial action.
9.2. Assignment – The Client may not transfer or in any other way make over to any third party the benefit of these Terms and Conditions without the List Manager’s express prior written consent.
9.3. Waiver – Failure by either party to exercise or enforce any rights, or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of those rights.
9.4. Entire agreement – These Terms and Conditions constitutes the entire agreement between the parties and supersedes all oral or written agreements, representations, understandings or arrangements, relating to its subject matter. The Client agrees that the List Manager shall not be liable in respect of any warranty or misrepresentation and the Licensee waives any right it may have to rescind these Terms and Conditions by virtue of any misrepresentation, unless in either case the List Manager made it fraudulently.
9.5. Variation – These Terms and Conditions may not be amended, modified, varied or supplemented except in writing signed by both parties.
9.6. Notices – Notices under these Terms and Conditions shall be in writing and sent to the List Manager’s registered office from time to time or to the Licensee’s address appearing overleaf (or such other address in the United Kingdom as the intended recipient may notify to the other in accordance with this clause) and may be sent by first class mail. Correctly addressed notices sent by first class mail shall be deemed to be delivered 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting.
9.7. Governing law – These Terms and Conditions shall be governed by English law. The parties hereby submit to the exclusive jurisdiction of the English Courts, save that the List Manager may take proceedings outside England and Wales to enforce any judgement or court order.
1. Definitions
1.1 In these conditions the following words have the following meanings:-
“the Appointor” means the organisation distributing certain items to individuals and organisations by post;
“the Customer” means the organisation requesting inclusion of Inserts in the Appointor’s mailing;
“Inserts” means advertising and promotional material which the Customer wishes to be sent out by the Appointor;
“Order Confirmation” means Canopy’s confirmation of the order received from the Customer for Inserts to be distributed by the Appointor specifying the price to be paid by the Customer;
“Canopy” means Canopy Media Management Limited;
2. Application of Terms
2.1 Contract for the dispatch of Inserts between the Customer and Canopy is on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the Customer’s purchase order, confirmation of order, specification or other document will form part of the Contract.
2.3 These conditions apply to all Inserts negotiated by Canopy and any variation to these Conditions shall have no effect unless expressly agreed in writing.
3. Inserts
3.1 The Customer shall supply to Canopy one representative example of the items intended to be the Inserts and Canopy shall submit the representative example to the Appointor for approval.
3.2 The Appointor and Canopy shall have absolute discretion in deciding whether or not to accept the proposed Inserts for mailing and the Appointor and Canopy shall not be under any obligation to give any reason for refusal.
3.3 The Customer shall be responsible for the costs and expenses of delivering the Inserts to the Appointor’s warehouse.
3.4 The Customer will make every effort to ensure that only those Inserts are delivered to the Appointor’s warehouse that can be inserted during the current and next inserting cycle.
3.5 The Customer will ensure that the Inserts are packaged in accordance with the Appointor’s instructions.
3.6 Any extra costs incurred at the Appointor’s warehouse in order to enable the Appointor’s warehouse to insert the Inserts will be borne by the Customer.
3.7 Canopy will procure that the Appointor uses its reasonable endeavours to ensure that all Inserts are dispatched on the agreed dates.
4. Customer’s Warranties
4.1 The Customer hereby undertakes to Canopy and the Appointor that any advertising copy included in the Inserts will comply with all relevant statutory provisions and regulations, and any other relevant legislation and with the British Code of Advertising Practice and that none of the Inserts concerned infringe the copyright, patents or trademarks of another person.
4.2 The Customer undertakes that none of the material in the Inserts contains matter which is of an illegal or libellous nature nor infringes the property rights of any third party and the Customer shall indemnify and keep indemnified Canopy and the Appointor indemnified against all direct, indirect or consequential liabilities (including without limitation, loss of profit, loss of business, depletion of goodwill and like loss), costs and expenses (including legal and other professional fees and expenses), loss, damages, injury and costs arising out of the Customer’s breach of contract, liability in tort or infringement of copyright, patent, design or any other proprietary or personal rights contained in any of the material in the Inserts.
5. Price and Payment
5.1 The Customer will pay to Canopy the price for dispatch of the Inserts in accordance with Canopy’s Insert rates as applying at the time of acceptance of the Order Confirmation.
5.2 Unless otherwise agreed in writing prior to dispatch of the Inserts, if the Customer delivers to Canopy or the Appointor more than the number of Inserts specified in the Order Confirmation and the Appointor distributes such additional Inserts as part of the distribution programme the Customer agrees that it will pay for the distribution of those additional Inserts at the same gross rate per thousand as agreed in the Order Confirmation. The Appointor’s dispatch count will be conclusive evidence of the number of Inserts completed.
5.3 Prices are subject to increase at any time. In the event of a price increase within one month of notice of such price increase from Canopy the Customer may either cancel the Contract and pay for the number of Inserts completed by Canopy at the date they receive notice of cancellation or the Contract will continue at the revised increased rates.
5.4 Except in the circumstances set out in clause 5.3 if the Customer gives notice of cancellation to Canopy the following charges shall be due and payable :-
5.4.1 If notice of cancellation is given to Canopy by the Customer in writing less than two months’ prior to the agreed date of insertion of the Inserts the Customer will pay immediately to Canopy 50% of the price specified in the Order Confirmation subject to Canopy agreeing to accept such notice of cancellation which shall be entirely at Canopy’s sole discretion;
5.4.2 If notice of cancellation is given to Canopy by the Customer in writing between two and six months prior to the agreed date of insertion of the Inserts the Customer will pay immediately to Canopy 25% of the price specified in the Order Confirmation.
5.4.3 If notice of cancellation is given to Canopy by the Customer in writing six months or more prior to the agreed date of insertion of the Inserts the Customer will pay immediately to Canopy10% of the price specified in the Order Confirmation.
5.5 The Customer shall pay to Canopy any VAT properly chargeable.
5.6 No payment shall be deemed to have been received until Canopy has received cleared funds.
5.7 If any payment is overdue the Customer shall pay to Canopy interest on the overdue amount at the rate of 5% above HSBC plc’s base rate from time to time from the due date until the date of payment. Such interest shall accrue on a daily basis and the Customer will not be entitled to have any further Inserts dispatched until full payment has been received.
6. Limitation of Liability
6.1 Canopy and the Appointor shall not be responsible:-
6.1.1 for any loss arising from any error in the insertion of or any omission to insert any Insert;
6.1.2 for any damage to or loss of the materials supplied by the Customer or any third party;
6.1.3 shall not be liable for any loss or circulation or ineffectiveness of any advertising programme or any other loss (save for death or personal injury caused by the Appointor’s negligence or Canopy’s negligence) howsoever arising.
6.2 The Customer acknowledges that it should maintain suitable insurance cover in respect of such risks.
6.3 Canopy and the Appointor reserve the right to withdraw any of their proposed mailings without notice and no liability shall attach itself to the Appointor or Canopy in respect of any costs, losses, damages or other liabilities arising out of such withdrawal.
6.4 The entire liability of the Appointor and Canopy to the Customer in respect of all claims arising out of or in connection with the acceptance and dispatch of the Inserts (whether for breach of contract, negligence under statute or otherwise or at all) shall be limited to an amount equal to the price paid for the dispatch of the Inserts.
6.5 Neither Canopy nor the Appointor limits or excludes liability for death or personal injury arising from its negligence.
6.6 Except as expressly provided in these Terms and Conditions all representations, conditions and warranties, whether expressed or implied (by statute or otherwise) are hereby excluded to the fullest extent permitted by law.
6.7 If any provision of this condition 6.7 is or becomes invalid or unenforceable it shall be severed from the rest of these Terms and Conditions. No other provision in these Terms and Conditions shall be rendered invalid or unenforceable or be otherwise affected.
7. Miscellaneous
7.1 Force majeure – Canopy shall not be liable to the Customer for any delay in or failure of performance of its obligations under these Terms and Conditions arising from any cause beyond its reasonable control including, without limitation: act of God, governmental act, war, fire, flood, explosion, civil commotion, failure of the Canopy’s information technology or telecommunications services, failure of a third party (including, without limitation, failure to supply information) and industrial action.
7.2 Assignment – The Customer may not transfer or in any other way make over to any third party the benefit of these Terms and Conditions without Canopy’s express prior written consent.
7.3 Waiver – Failure by either party to exercise or enforce any rights, or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of those rights.
7.4 Entire agreement – These Terms and Conditions constitute the entire agreement between the parties and supersedes all oral or written agreements, representations, understandings or arrangements, relating to its subject matter. The Customer agrees that Canopy shall not be liable in respect of any warranty or misrepresentation and the Customer waives any right it may have to rescind these Terms and Conditions by virtue of any misrepresentation, unless in either case Canopy made it fraudulently.
7.5 Variation – These Terms and Conditions may not be amended, modified, varied or supplemented except in writing signed by both parties.
7.6 Notices – Notices under these Terms and Conditions shall be in writing and sent to Canopy’s registered office from time to time or to the Customer’s address appearing overleaf (or such other address in the United Kingdom as the intended recipient may notify to the other in accordance with this clause) and may be sent by first class mail. Correctly addressed notices sent by first class mail shall be deemed to be delivered 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting.
7.7 Governing law – These Terms and Conditions shall be governed by English law. The parties hereby submit to the exclusive jurisdiction of the English Courts.
“the list Owner” means the Owner of the List
“the list Manager ” means Canopy Media Management Ltd
“the Client” means the organisation or persons placing the order for the Advertisement to the List whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser
1. Application of Terms
1.1 The Contract for the hire of the List between the List Manager and the Client is on these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which the client purports to apply under any purchase order, confirmation of order, specification or other document.
1.2 No terms and conditions endorsed upon, delivered with or contained in the Client’s purchase order, confirmation of order, specification of other document will form part of the contract.
2. Warranties
The Owner has warranted to the List Manager that it is the legal owner of all rights and title in the List and that all data in the List has been lawfully obtained including the offer of opt out and opt-in where appropriate. The Owner has warranted that it is registered in accordance with the Data Protection Act 1998 and that requests for suppression or subject access for amendments to the File are made by the Owner within 30 days of receipt. The Owner has warranted to the List Manager that where necessary the List has been cleaned in accordance with the mailing preference service.
3. Intellectual Property
The Client acknowledges that the List Owner owns the copyright in the List, data contained on disk, email or FTP site and all other materials supplied by the List Owner on behalf of the Owner shall at all times remain the property of the Owner. The Client agrees that no Intellectual Property Rights in the List or the information contained within it (including but not limited to copyright and rights of confidence) are transferred or licensed to the Client save as may be expressly provided in these Terms and Conditions.
4. Supply of the Service
The Client shall supply to the List Manager two representative examples of items intended to be mailed and the List Manager shall submit those examples to the List Owner for its approval.
The List Owner shall have absolute discretion in deciding whether or not to provide the List for the proposed mailing and the List Owner shall not be under any obligation to give any reason for its refusal. When the List Owner provides to the List Manager its consent to supply the List for the proposed mailing will the Client’s order be deemed to have been accepted. The Client shall be responsible for the costs and expenses of delivering the List to the Client. Delivery shall be deemed to have taken place when the password that is attached to each order is received by the Client. The List Manager shall use reasonable endeavours to provide the List within the time quoted but the List Manager does not warrant that it will meet any dates for delivery specified by the Client and time shall not be of the essence of the Contract. The List will include a small percentage of seed names (unique names and addresses) so as to enable the Owner to monitor and verity usage of the List The numbers of names and addresses included in the List are approximate only. No information will be given concerning postal regulations and the Client should refer to the Royal Mail Guide.
5. Use of the List
The Client shall be entitled to use the List once only within 3 months of the date of order for the specific mailing that has been agreed by the List Manager. The Client must not make the List available to any third party directly or indirectly and must not incorporate the List into or use it in order to produce or develop any other product or service or to use it for any other mailing purposes. The Client may not record or retain the List or any part of the List for any purpose other than the mailing that has been approved by the List Manager and the List Owner. The List may not be used for telephoning or any other activity other than the one mailing that has been approved by the List Manager. The Client shall not make any reference to the list source or data characteristics in any mailing. The Client warrants that the mailing will not include any items which infringe the Intellectual Property Rights of any third party or is defamatory, obscene, indecent or otherwise illegal or unlawful. If requested, the Client will return to the List Manager a signed List User’s warranty. The Client shall at all times comply with the Data Protection Act 1998 and all subsequent legislation and the Client will also comply with the best working practices of the industry as set out in the Guidelines and Codes of Practice of the British List Brokers Association, the British Direct Marketing Association, the Direct Mail Producers Association, and all other self regulatory organisations.
6. Price and Payment
The Client will pay to the List Manager the rental charge for the use of the List in accordance with the List Manager’s rental rates as applied at the time of the acceptance of the Client’s order.
The List Manager shall be entitled to make additional charges for:-
6.1. limited or additional selections from the List; any work undertaken by the List Manager at the Client’s request which shall be agreed in writing before the work is undertaken; more than one use of the List; delivery charges. The Client shall pay to the List Manager any VAT properly chargeable on the supply by the List Manager of the List. No payment shall be deemed to have been received until the List Manager has received clear funds. If any payment is overdue the Client shall pay to the List Manager interest on the overdue amount at the rate of 5% above HSBC plc base rate from time to time from the due date until the date of payment. Such interest shall accrue on a daily basis and the Client will not receive any further lists from the List Manager until full payment has been received.
7. Termination
The List Manager may terminate these Terms and Conditions immediately by notice if:-
7.1. The Client uses the List for a purpose not expressly permitted by the List Manager;
7.2. The Client breaches any other provision of these Terms and Conditions;
7.3. The Client fails to give instructions for delivery or collection of the List;
7.4. In the event of a Receiver being appointed over the whole or any part of the assets of the undertaking of the Client or a winding up order is made against the Client or the Client goes into liquidation or makes any arrangement with its creditors or commits any act of bankruptcy. On termination for whatever reason, all rights of the Client shall cease immediately and the Client shall pay all outstanding sums due to the List Manager including all costs, charges or expenses (both direct and consequential) incurred by the List Manager by reason of such cancellation.
8. Limitation of Liability
The Client acknowledges that the vast majority of the information contained in the List is provided to the List Owner by third parties over whom the List Owner has no control, in particular in relation to the accuracy or completeness of such information. The Client agrees:- that the List Owner and the List Manager are not in any circumstances liable for any loss or damage at all arising from any inaccuracies, faults in, or omissions from or otherwise from the provision of the List unless caused by the Owner’s negligence or wilful default; and the List Owner and the List Manager shall not in any circumstances (including without limitation if the List Owner or the List Manager has been negligent or in breach of statutory duty) be liable for any loss of business, capital, profit, reputation or goodwill arising out of or in connection with these Terms and Conditions or the subject matter or any indirect or consequential loss or damage at all. The entire liability of the List Owner and the List Manager to the Client in respect of all claims arising out of or in connection with the supply of the List or its subject matter (whether for breach of contract, negligence under statute or otherwise or at all) shall be limited to an amount equal to the price paid for the provision of the List. The List Owner nor the List Manager limits or excludes its liability for death or personal injury arising from its negligence. Except as expressly provided in these Terms and Conditions all representations, conditions and warranties, whether express or implied (by statute or otherwise) are hereby excluded to the fullest extent permitted by law. The Client shall indemnify the List Manager and the List Owner against any loss, damage, cost or expense (including reasonable legal costs on an indemnity basis) which the List Manager and the List Owner incur, suffer or become liable for as a result of its breach of these Terms and Conditions which results in a claim by any third party against the List Manager or the List Owner.
9. Miscellaneous
9.1. Force majeure – The List Manager shall not be liable to the Client for any delay in or failure of performance of its obligations under these Terms and Conditions arising from any cause beyond its reasonable control including, without limitation: act of God, governmental act, war, fire, flood, explosion, civil commotion, failure of the List Manager’s information technology or telecommunications services, failure of a third party (including, without limitation, failure to supply information) and industrial action.
9.2. Assignment – The Client may not transfer or in any other way make over to any third party the benefit of these Terms and Conditions without the List Manager’s express prior written consent.
9.3. Waiver – Failure by either party to exercise or enforce any rights, or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of those rights.
9.4. Entire agreement – These Terms and Conditions constitutes the entire agreement between the parties and supersedes all oral or written agreements, representations, understandings or arrangements, relating to its subject matter. The Client agrees that the List Manager shall not be liable in respect of any warranty or misrepresentation and the Licensee waives any right it may have to rescind these Terms and Conditions by virtue of any misrepresentation, unless in either case the List Manager made it fraudulently.
9.5. Variation – These Terms and Conditions may not be amended, modified, varied or supplemented except in writing signed by both parties.
9.6. Notices – Notices under these Terms and Conditions shall be in writing and sent to the List Manager’s registered office from time to time or to the Licensee’s address appearing overleaf (or such other address in the United Kingdom as the intended recipient may notify to the other in accordance with this clause) and may be sent by first class mail. Correctly addressed notices sent by first class mail shall be deemed to be delivered 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting.
9.7. Governing law – These Terms and Conditions shall be governed by English law. The parties hereby submit to the exclusive jurisdiction of the English Courts, save that the List Manager may take proceedings outside England and Wales to enforce any judgement or court order.
