GENERAL T & C for the supply of services including Email broadcasts and Email lists.
Data Protection Laws are to be adhered to by anyone purchasing data from this company or using their services.
The company warrants and represents that all lists or parts of lists are licensed by and copyrighted by them. Unless purchased as a data file specifically for multiple usages the data is rented for one time use only.
We use all reasonable efforts to ensure lists are accurate and up-to-date. However, as lists are compiled from a variety of sources, the Company cannot warrant that any of the records are 100% complete or accurate, we use the databases produced by the appropriate regional body and add the email address where possible and applicable.
Data files are supplied for use in .csv or Excel format unless otherwise specified. No liability is accepted for conversion to any other format.
Data supplied as a data file is for the sole use of the Purchaser and must in no circumstances be offered for resale. All lists contain seed names and dummy addresses to detect unlawful use. The Company may take legal action against any purchaser that unlawfully processes data owned by the Company. In the event of a breach of data usage by the Purchaser, for instance, where it is determined that Data has been used outside of the usage terms as specified, we reserve the right to a re-use charge of 100% of the value of the order which will be imposed per occasion.
Every effort is made to quote the number of addresses accurately, however the quantity may vary from time to time, due to changes to the lists and no warranty or condition is given that the figure quoted agrees with that finally reached. Duplicate email addresses for separate individuals and establishments may exist for individual organisations
The Company does not accept liability for the outcome of the use of its data. In no event will the Company be liable for any loss of profit, revenue, goodwill, opportunity, business or other indirect or consequential loss of any kind in contract, tort including negligence or otherwise arising out of use of its Data.
We do not run the data against the Telephone Preference Service, customers are responsible for doing this prior to use.
The Purchaser agrees to notify within 15 days of any request received by the Purchaser for the suppression of a deceased name or disputed data that can be identified as being included in the Data supplied.
The Purchaser warrants that items to be mailed to the Data provided by the Company shall contain nothing which infringes copyright or is defamatory, obscene, indecent, or otherwise illegal or unlawful.
Each party shall maintain records of all processing operations under its responsibility that contain at least the minimum information required by the Data Protection Laws, and shall make such information available to any DP Regulator on request.
The Controller shall only process the Data or Lists or cause the Data or Lists to be processed by a third-party Processor when that Processor and processing is located within in a territory that provides an adequate GDPR protections.
Dates given for dispatch of Data are given in good faith and are estimates only, based on information available at the time of quoting. They are, however, not guaranteed and time is not of the essence of the contract.
No warranty is given on telephone numbers, contact names and addresses, these are drawn from officially compiled lists and are subject to their accuracy standards.
Neither party shall have any liability to the other party, whether in contract, tort including negligence, breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Conditions. The Purchaser’s total liability to the Company, whether in contract, tort including negligence, breach of statutory duty, or otherwise arising under or in connection with these Conditions is limited to the total charges paid by the Purchaser.
The rights granted to the Purchaser here under are exclusive to the Purchaser and they may not assign or grant any rights in respect of or otherwise deal in the same. The Company shall be entitled to assign or sub-contract the provision of the Services (or any part thereof) to any third party and reference in the terms and conditions to the Company shall be deemed to include reference to such assignee or sub-contractor.
These Conditions and any dispute or claim including non-contractual disputes or claims arising shall be governed and construed in accordance with the laws of England and Wales.
Force Majeure. Neither party shall be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.
These Conditions and the quotation constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
No variation of these Conditions shall be effective unless it is in writing and signed by the parties.
These Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to any term of these Conditions.
Supply and use of Email Data
The Company is not responsible or liable for email addresses that prove to be undeliverable save that where the number of undeliverable addresses exceeds the 10% of emails and subject to the Purchaser providing proof of non-delivery within 10 days of the invoice Date, the Company will endeavour to provide two additional email addresses for each undeliverable email.
The Company reserves the right to require the Purchaser to cease or modify use of the email Data where the Company discovers that the contents of email sent by the Purchaser is markedly different to what was advised.
Reasonable time and information must be given to the company to prepare the email for sending. HTML ready artwork can be supplied, and can also be made up by the company from text and pictures provided by the customer.
Where the Purchaser procures the use of the email data to send emails, the Purchaser must ensure that the recipient is given a simple means to opt-out of receiving further communications.