Terms & Conditions for Supply of Customer Email Addresses
This is a non exclusive Licence agreement between Clientplus Limited, Archway House, 81-82 Portsmouth Road, Surbiton, Surrey, KT6 5PT and the company as identified by the sign-in details and username submitted on the website page – www.clientplus.com/clientarea.asp
Definitions: In these terms and conditions the following expressions have these meanings:
- ‘The Product’ means the email addresses supplied. The product also encompasses any user manuals supplied, any part of any of the above, and all updates to any of the above;
- The terms ‘Licensor’, ‘us’, ‘our’ and ‘we’ means Clientplus
- The terms ‘Licensee’, ‘your’ and ‘you’ means the client using the service
- Data Protection Act means all existing and future legislation relating to data protection issues.
Clientplus has the right to decline any order or to refuse to supply the product to any Licensee in its absolute discretion and without explanation. The acceptance of any order or the supply of the product to any Licensee shall not in any circumstances confer any right for the Licensee to be supplied in the future with the same, or any other Mailing List on the same or similar terms, or at all.
Following our acceptance of your order for the Product we will supply you with the email addresses for your customers which exist / occur on the Clientplus database. The Product will be updated periodically and, whilst you remain a Clientplus customer, you will be entitled to receive those updates at a discounted rate (if you have paid to receive them).
Except as specifically provided for in this agreement or warranted and signed separately between Clientplus and the Licensee, the publication, copying, distribution, sharing or re-sale of the Product is expressly prohibited. You may not pass the Product to any other service provider or supplier unless they have been accepted in writing by Clientplus as being authorised to receive a copy of the Product. Your right to use the Product may not be transferred to any other individual or organisation. Use of the Product in breach of the provisions of the Data Protection Act is prohibited. If you wish to use the Product except as expressly permitted above, you must first obtain our written permission. Copyright, database right and all other intellectual property rights as may subsist in the product shall at all times remain vested in the Licensor.
For the purposes of this agreement each company in a group of companies is seen as a separate organisation. If a group company wishes to use the product, it must acquire its own copy from Clientplus. Use of any part of the Product constitutes use of the whole Product.
Clientplus uses all reasonable endeavours to ensure the accuracy of the email addresses supplied, including but not limited to the pinging of email addresses to confirm their continued validity. E-mail addresses are however prone to frequent change, as well as being unreachable for a number of technical and other reasons (account disabled, mailbox full, limit on individual message size anti-spam policy, firewall etc), and accordingly we cannot guarantee the results of any mailing nor do we accept any liability in the event of failure of the mailings or other activity.
In order to be able to provide the Licensee with their customers email addresses it is necessary for the Licensee to supply their consolidated customer database. This consolidated customer database should contain the contact information for all current and past customers including, customer name, organisation, job title, address details, phone details and where they exist email address details.
The Licensor warrants that any use by it of the consolidated customer database supplied will comply in all respects with the Data Protection Act 1998 and any other applicable Act of Parliament or statutory instrument and with all published codes of practice applicable to the Licensor, including (without limitation) the British Code of Advertising Practice and Direct Marketing Association Code of Practice. The Licensor further warrants that the information supplied will be stored in a secure Clientplus database and used only for the purpose of identifying individuals against the Clientplus database where an email addresses can be either populated or corrected.
Post the analysis and appending of customer email addresses Clientplus will supply the Licensee with an updated CSV file of their consolidated customer database. This database will contain all contact information supplied to Clientplus (i.e. current and past customers including, customer name, organisation, job title, address details, phone details and where they exist email address details) with an additional column entitled ‘Appended email addresses’.
The Licensee warrants that any use by it of the email addresses supplied will comply in all respects with the Data Protection Act 1998 and any other applicable Act of Parliament or statutory instrument and with all published codes of practice applicable to the Licensee, including (without limitation) the British Code of Advertising Practice and Direct Marketing Association Code of Practice. No email may be used for illegal purpose, including the mailing of obscene or libellous material.
The rates paid by the Licensee for any Mailing List rental shall be the official rates at the time of the acceptance by the Licensor of the Licensee’s order for such supply unless otherwise agreed in writing.
We will invoice you upon delivery of the Product. You will pay all invoices in respect of the Product within seven days of the date of our invoice. If you do not pay us within that period we may, in addition to our other rights, charge you interest at 8% per annum above the base rate of Barclays Bank plc in force from time to time. All prices stated exclude VAT, which will be added at the prevailing rate at the time of any invoice.
A cancellation fee of 50% of the total order value will be charged in the event of the order being cancelled before the data has been released by the Licensor. Cancellations will not be accepted once the data has been dispatched and no refund will be granted thereafter.
It is agreed and acknowledged by the Licensee that Clientplus may publicise that the Licensee is a customer of Clientplus and uses the Product as Licensed.
These terms and conditions and the contract between you and us are governed by English law and we and you agree to submit to the jurisdiction of the English courts. This Licence agreement forms the contract between you and us, and all other representations, agreements and arrangements relating to the Product are superseded. No addition or variation to these terms and conditions will be binding upon us unless expressly accepted by an officer of our company in writing. All notices required of this Licence should be made in writing and delivered by a Royal Mail guaranteed delivery service or equivalent to a trading address of the parties to the Licence. If any provision of this Licence is found to be invalid, illegal or unenforceable, such provision will be severed from the Licence and the other provisions shall remain in full force and effect.