Data Purchase Terms and Conditions
Agreement – the terms of the Agreement as defined by email correspondence and the Agreement form
Company – Professional Call Minders
Client – You
Data – Database sourced by the Company for the Client
DPA – Data Protection Act 1998
Services – the specific data sourcing or appending services provided by the Company to the Client as set out in the Agreement
- The Agreement
1.1 No order for Services shall be deemed accepted by the Company until confirmed in writing by the Company’s authorised representative signing the Agreement.
1.2 The description of the Services shall be that set out in the Agreement.
- 2. Data sourced by the Company for the Client
2.1 The Company will reasonably endeavour to ensure that the Data is sourced in accordance with the Client’s criteria, but the Company acts as a re-seller in this respect and cannot be held responsible for the quality or relevance of any Data procured on the Client’s behalf. The same applies if the Client requests the Company to source Data appends to enhance the standard of their own Data.
2.2 Whilst reasonable efforts will be made to ensure the accuracy of any Data obtained by the Company for use in providing the Services, the Company cannot, in any circumstances, accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any inaccuracy of, or any error in, any such Data.
2.3 All Data is supplied on a 12 months multiple use basis with an expiry date 12 months from the date of supply. Data is seeded to prevent misuse.
2.4 The minimum supply of Data by the Company to the Client is 500 records
2.5 The Data cannot be lent or sold to a third party and is strictly for the permitted use as described in the Agreement.
2.6 The Client must ensure that the Data, nor any part thereof, shall be transferred or transmitted outside the United Kingdom and shall not be accessed or used outside of the United Kingdom.
2.7 For the purposes of email broadcast it is the responsibility of the Client to ensure that their email platform permits the broadcast of purchased Data eg Mailchimp is not a recognised email platform in this regard.
2.8 Email contact is limited to 12 individual emails and/or broadcast communications within the license period.
2.9 It is the responsibility of the Client that any recipient of emails has an option to unsubscribe.
2.10 The Client must not use the Data in connection with the delivery or communication of any defamatory, malicious or threatening statements.
3.1 The Data will be emailed by the Company to the Client as a password protected Excel spreadsheet.
3.2 The password will be sent by the Company to the Client as a text message for added security.
Ownership of all data sourced by the Company in the process of providing the Services is deemed to be the property of the Client.
- Confidentiality and Data Protection
5.1 The Company shall take all reasonable steps to ensure that all proprietary and confidential information supplied by a Client to the Company is not disclosed to a third party, except to the extent necessary for the Company to deliver its Service as per the Agreement.
5.2 The Company and the Client agree that in the course of the Company providing Services to the Client, the parties may disclose to each other certain levels of confidential information. The Company and the Client agree that they will not use the confidential information other than to perform their obligations under the Agreement.
5.3 The Company is fully licensed and compliant with the Data Protection Act 1998 number Z9448107.
5.4 All data collated is stored securely and backed up.
5.5 To the extent that the Company acquires from the Client any data in connection to the Services, the Company shall act as data processor only.
5.6 The Client shall remain as data controller in respect of such data and the Company shall act only on the instructions of the Client and take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against loss or destruction of or corruption to any such data.
The Client must make payment in full and in advance by BACS to the Company.
7.1 If the Company’s performance of its obligations under the Agreement is prevented, suspended, delayed, or otherwise adversely affected by any act, omission or prevarication by the Client, the Company shall not be liable for any costs, charges or losses incurred by the Client.
7.2 The Client would be liable if they had caused such a situation outlined in section 12.1 and caused the Company financial loss, or any consequential loss such as loss of reputation and loss of opportunity to deploy resources elsewhere.
7.3 The Company’s liability to the Client for any breach of this Agreement, negligence, misrepresentation or otherwise shall be limited to the price payable by the Client under this Agreement. In no circumstances shall the Company be responsible for any consequential loss, however incurred, including without limitation loss of profit, business or anticipated saving.
- Force Majeure
Neither party shall be liable to the other for any loss or damage which may be suffered by the other to any cause beyond either party’s reasonable control including, but not limited to, any failure of telephone, internet or database systems, Act of God, terrorism, inclement weather, failure or shortage of power supplies, flood, drought, lightening or fire, strike, lock-out, trade dispute or labour shortage, any act or omission of government, telecommunication operators or other competent authorities, war, military operation, or difficulty, delay or failure of production or supply by third parties of materials necessary to carry out either parties’ obligations under this Agreement.
This Agreement is governed by and interpreted in accordance with English law. The parties agree that the English courts will have non-exclusive jurisdiction to hear any disputes relating to this Agreement.