Terms and Conditions

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We've sold our services to thousands of companies over the last 10 years. We're proud of every customer and every success story. This page shows our various logos over the time, the change from Endeverus to Meridian Delta in January 2005 and links to older versions of our website at archive.org. To all our customers over this time, whether your order was a one-off or you've been with us for years, thanks very much. Your support means the world to us.

We are not responsible for your response level - only fax recipients are

You may get a great response, an average response or no response at all. Under no circumstances will we consider a refund. Our only job is to send out the agreed fax design to the agreed fax numbers - you concur that we do not control how people respond or do not respond to your marketing message.

Although we agree a dispatch time, we may not be able to achieve it

As with any marketing company which relies on outside parties for dispatch, we are not in control of these facilities. If we are unable to deliver within the agreed time, you will allow us, with your permission, to schedule another time. Missing a desired timeframe will not entitle you to a refund.

If we do the design of the fax for you, that does not make us liable for the outcome

Advertising companies, like Meridian Delta, do not know automatically the best-selling points and benefits of your business or line of business. Meridian Delta, like our competitors, tries to understand as a business consumer what may be most appealing. If we do your design and you are disappointed by the result, this does not give rise to a refund or pro-rata refund.

Refunds and pro-rata refunds are only given in these circumstances

We will only give refunds or pro-rata refunds for the whole job or the part of the job concerned when we have missed the dispatch date more than twice. Refunds and pro-rata refunds are given immediately if we have sent out the wrong fax.

You sent a fax to a company on the FPS

As with most other fax marketing companies, we will send between 10 and 25 faxes a year to registrants on the FPS. On most occasions, this will be because they are within their 28-day period and our data sweeping company have not updated within that time (this is legal). We will not be liable for refunds or pro-rata refunds for any FPS registrant faxed. We are, however, liable for any legal or financial damage caused as a result of faxing an FPS registrant. Since 1998, on the rare occasion someone on the FPS has been faxed, no legal action has been taken against us or threatened against us as we strive to stay within the guidelines and are known to the FPS (run by the DMA, of which we are members).

DEFINITIONS

“We”, “us”, “our” – Fairlie Communications Limited trading as Meridian Delta, registered at 3rd Floor, Coronation Building, 65 Quayside, Newcastle upon Tyne, NE1 3DE

“Customer”, “you”, “your”, “yours” – the person or company named as the customer on the contract

“Fax” – a communication defined as such by the ITU Telecommunication Standardization Sector.

“Fax broadcasting”, "broadcast" – the act of sending faxes to other fax machines in volumes of greater than 5 over the public switched telephone network.

“Equipment” – the electronic apparatus used by us to deliver the service

“Service” – the service is the product which you order from us and is specified on the contract

“Monthly Discount” – the scale of price reductions made available to you by us when you order the service and commit to ordering it at no less than the number of broadcasts in the first month for more than one month.

“Service Month” – month is defined as the 14 days before the Service begins and 14 days after the Service ends. Service Month defines the time in which the Service takes place.

“Price List” – the scale of charges for the Service which do not include any special offers which is published from time-to-time. Price List charges are indicated as such.

1. PROVISION OF SERVICES

The Service relies on the public switched telephone network and the internet, and the Service may be affected by problems with this network. We will not be liable for any disruption in the Service caused by technical difficulties with the public switched telephone network.

We cannot guarantee that the Equipment will be ready to carry out the Service at a specified time. If there is to be any disruption in the Service caused by our Equipment, we will notify you in advance and arrange a new time and date at which service can begin.

Fax broadcasting is subject to regulatory compliance, and we act within this guidelines.

2. THE SERVICE

The Service contains either some or all of the following depending on the level of service required by you, and includes but is not limited to: provision of data to be sent to the fax servers (that which sends the broadcast), sending of the broadcast, and design service provided free to the client, collection of responses and subsequent transmission thereof to you, database management skills, regulatory compliance and other features.

3. TIMESCALES

We will agree with you the timescale over which the Service will be provided, including start dates and expected length of time over which the Service will be carried out.

If, for any reason, we are not able to carry out the Service in the timescale agreed, we will notify you immediately.

We will not be liable to compensate you if you wish to change the details after we have begun providing the Service or if we are unable to dispatch within the expressed timeframe.

4. BILLING AND PAYMENT

For any of the first four orders from us, we are to be paid before Service commences.

If you decide to pre-pay your orders with a credit card, you are not permitted to use chargeback against us. If you do, we will require payment immediately and will levy a £15 surcharge to cover our costs and administration.

You agree to pay us all charges due within 14 days of the date of our bill if you are an account customer. If you are more than 14 days late with your invoice, you permit us to use any debit or credit card we have registered to take payment. We may or may not notify you of our intention to do this.

If you do not pay us according to these terms, we may, at our sole discretion, levy a charge of £15 + VAT for extra administrative work.

If you fail to pay all charges by the due date, we will temporarily suspend Service without warning. In the event of Service suspension, you will remain liable to pay all charges due under the contract you have agreed.

We will charge you any expenses incurred to us in chasing any debts you owe us, including but not limited to third-party debt collection charges, solicitor fees, court fees, and so on.

5. ENDING THE SERVICE (FOR ACCOUNTS WHERE SERVICE IS PREBOOKED OVER MORE THAN ONE MONTH)

You can obtain substantial discounts on the price of the Service when you book for two or more consecutive months, or two or more months where a break has been agreed during the Service.

No matter for how many months you book, the cancellation period is 14 days. To cancel the Service, please write confirming cancellation to Fairlie Communications Limited, 3rd Floor, Coronation Building, 65 Quayside, Newcastle upon Tyne, NE1 3DE

If you cancel early, you will be liable to pay for the difference between the costs of the Services which have been provided with the charge we would have levied for the Service for the amount of time the contract runs. For example, if you book for 6 months and have used the Service for 3 months, we will re-bill you for the Service over three months, taking into account any money paid for the Service to the date of cancellation.

6. ADVERTISING AGENCY DISCOUNTS

If you are acting on behalf of another company as their marketing or publicity agent, you are entitled to additional discounts on our Service rates. To benefit from this, you will need to send us your company identification together with that of the company you are representing. Please note that agency discounts are not offered on special discounts but only from prices given on the Price List.

7. FORCE MAJEURE

Neither we nor you shall be liable to the other or be deemed to be in breach of the terms of this Agreement by reason of any delay in performing, or any failure to perform any of its obligations under this Agreement if the delay or failure was due to any cause beyond that party's reasonable control.

8. NOTICE

Notices may be given by either us or you to the other by sending them to the registered office of the other Party. Any such notice will be valid if sent by first class post or fax and deemed to be received on the second business day following posting or transmitting.

9. ENTIRE AGREEMENT

This Agreement comprises the entire agreement between us and you and there are not any agreements, understandings, promises or conditions, oral or written, expressed or implied, concerning the subject matter which are not merged into this Agreement and superseded hereby. This Agreement may be amended only by an instrument in writing executed by an authorized representative of us and you.

10. LAW AND JURISDICTION

This Agreement is governed by and interpreted in accordance with English law. We and you agree that the English courts will have the exclusive jurisdiction to hear any disputes relating to this Agreement.