BUSINESS DATA INTERNATIONAL LTD

 

TERMS AND CONDITIONS OF DATA RENTAL

 

Business Data International Ltd of Hyde Park House, 5 Manfred Rd, London SW15 2RS is hereafter referred to as Business Data International Ltd. The purchasing company or individual is hereafter referred to as the USER.

 

By renting or purchasing data or list/s (hereafter referred to as DATA) from Business Data International Ltd the USER acknowledges and accepts the terms of this agreement.

 

The DATA compromises proprietary information copyrighted by A Walton & Associates or others. The USER'S rights to use the DATA are strictly and specifically governed by the terms of this agreement. The USER may not use, copy, modify or transfer the DATA or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this AGREEMENT.

 

Upon purchase the DATA is licensed exclusively for the use of the USER or for the internal use of the USER'S employing organisation. No resale or transfer of the data for use by any 3rd party is allowed. The USER must exercise all reasonable precautions to prevent others from violating the terms of this license.

 

The USER may make a single copy of the DATA in machine readable or printed form for backup purposes and in support of the USER'S own use of the DATA.

 

There is no implied warranty of merchantability and/or appropriateness for any particular use or purpose and Business Data International Ltd do not warrant that the DATA will meet the USER'S requirements, nor as to the result of its use. The information contained within the DATA is believed to be accurate to the best of Business Data International Ltd ability. Business Data International Ltd do not warrant that the DATA will be error free.

 

The DATA will contain a number of "sleeper" or "seed" entries to ensure compliance with this agreement. Seed names will be monitored at all times.

 

Claims relating to data quality, including warranty claims relating to gone-aways, undeliverables and unobtainables are subject to and limited by the terms of this agreement. Claims must be made with supporting documentation (e.g. returned envelopes with Post Office gone-away sticker on , call records) within 30 days of purchase. Only one claim may be made for each purchase.

 

Addresses - where gone-aways and undeliverables exceed 7.5% of the total DATA, these will be replaced.

Business Telephone Numbers - where gone-aways and unobtainables exceed 12.5% of the total DATA, these will be replaced.

Business Contact Names - due to the frequency with which job positions and roles change, contact names and positions are not guaranteed and re supplied purely on an 'as is' basis.

Fax numbers, Consumer & Mobile Telephone Numbers - due to the higher than normal decay rate for fax numbers, consumer numbers & mobile numbers generally, no deliverability guarantee is given and they are supplied purely on an 'as is' basis.

Email Addresses - due to the nature of email communication and the higher than normal decay rate, no deliverability guarantee is given for email addresses that are released to customers and they are supplied purely on an 'as is' basis.

 

Business Data International Ltd will not be liable in any event to the USER for any loss or damages, nor for any indirect or consequential loss or damages including as to revenue or profits, or any other incidental damages resulting from the use or inability to use the DATA. Business Data International Ltd will not be liable for any claim by any other person or persons resulting from the use of the DATA. Notwithstanding any terms of this agreement, Business Data International Ltd liability in respect of, or arising form the data shall not exceed the fees paid by the user to Business Data International Ltd under this agreement.

 

The USER shall ensure that its storage and use of the DATA shall comply with the codes of practice of all appropriate supervisory or governing bodies, including but not limited to the Data Protection Registrar, the DMA, ASA and the British Code of Advertising Practice. The USER indemnifies Business Data International Ltd in respect of any claim arising from the storage or use of the DATA or arising from the material dispatched using the DATA, including but not limited to deformation, obscenity or infringement of others rights.

 

The USER indemnifies Business Data International Ltd for all costs, claims, demands or expenses incurred or suffered by them as a result of any unauthorised copying, re-use, re-sale, disclosure or any other unauthorised use of the DATA while in its possession or the possession of any mailing house or other agent of the USER.

 

The USER understands that Business Data International Ltd rents out these lists on behalf of established publishers, who are the list owners and Business Data International Ltd shall pass on any query relating to the quality or content of the DATA to the relevant publisher.

 

This AGREEMENT will be governed by English Law and the USER agrees to submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising.

 

The data is licensed for the purpose of one usage only by or on behalf of the USER unless otherwise agreed in writing prior to or at the time of delivery of the data.

 

The USER shall not assign, transfer or sub-license its rights and obligations under this license to any other party.

 

Where the USER is a company the license shall exclude use by or on behalf of any holding company, sister company or subsidiary company of the USER.

 

Risk of loss in the DATA shall pass to the USER on delivery.