T&C List 6

T&C List 6

BY PURCHASING DATA FROM PROSPECT360 YOU ACKNOWLEDGE AND ACCEPT THE TERMS OF THE FOLLOWING AGREEMENT.

LICENCE AGREEMENT
DEFINITIONS
"Access Fee" An amount payable by You to Prospect360 which allows you access to all Sites or a limited number thereof.
"Agent" A mailing house, fulfilment house, computer bureau or other agent working on your behalf.
"Client" Where You are an approved Prospect360 reseller and You are acting on behalf of a third party in Your use of the Sites and / or Your purchase of Data, that third party. If the third party is an individual person and if he/she is an employee and is using You in the performance of his/her job, also his/her employing organisation.
"Code" All or any part of the pages, scripts, controls and wizards which make up the Sites.
"Customer Data" Name and address information and/or telephone numbers and/or fax numbers and/or email addresses supplied by You to PROSPECT360 to enable PROSPECT360 to carry out the Services.
"Data" Name and address information and/or telephone numbers and/or fax numbers and/or Email Data or other items selected by You from the Sites, purchased by You and subsequently downloaded (whether directly or by e-mail) by You or in the case of name and addresses a Print And Post campaign is carried out by PROSPECT360 on Your behalf or in the case of Email Data an Email Broadcast is carried out by PROSPECT360 on Your behalf or in the case of mobile telephone numbers an SMS Broadcast is carried out by PROSPECT360 on your behalf. A small number of 'seed' or 'sleeper' entries may be included by PROSPECT360 to allow PROSPECT360 to monitor Your compliance with this Agreement.
"Deduplication" The removal of name and address information and/or telephone numbers and/or fax numbers and/or email addresses where these items are to be found in the Customer Data or in Your previous purchases from PROSPECT360.
"Email Broadcast" The sending of an email message to recipients whose email address is contained in the Email Data, or to recipients whose email address is contained in the Customer Data.
"Email Data" E-mail addresses selected by You from the Sites and purchased by You and subsequently either downloaded (whether directly or by e-mail) by You or used by PROSPECT360 to carry out an Email Broadcast on Your behalf.
"Goneaway" A postal address, telephone number, fax number or email address to which a communication cannot be delivered because of a permanent error in the address, telephone number, fax number or email address. More fully:
i). A postal address is a Goneaway if it is an address to which an item mailed cannot be delivered by virtue of the intended company or organisation or intended residential recipient never having been or no longer being at the address, or where the address is incomplete. It is evidenced by i) You mailing an item to it and ii) the item being returned to You bearing a red Royal Mail 'We were unable to deliver this item because...' sticker marked as 'addressee has gone away' or 'addressee unknown' or 'address incomplete' and iii) PROSPECT360 being unable to subsequently verify the address. A mailable address is not a Goneaway for any other reason (such as marked 'refused', 'do not mail me again', 'not interested' etc.). You will be asked to provide PROSPECT360 with the returned mail;
ii). A telephone number is a Goneaway if i) You call it and ii) it is a dead line or it is a wrong number or it is a fax number (and not shared by a phone) or the Subscriber is no longer at the number. A telephone number is not a Goneaway for any other reason (such as no answer or number engaged, an answering machine or voicemail, Subscriber not interested or refuses to talk etc.). You will be asked to provide PROSPECT360 with a call log or other evidence;
iii). A fax number is a Goneaway if i) You try to send a fax to it and ii) it is a dead line or it is a wrong number or it is a telephone number (and not shared by a fax) or the Subscriber is no longer at the number. A fax number is not a Goneaway for any other reason (such as no answer or number engaged.). You will be asked to provide PROSPECT360 with a transmission report or other evidence; and
iv). An email address is a Goneaway if sending an email message to it results in a Hard Bounce. It is not a Goneaway for any other reason (such as, but not limited to, account disabled, mailbox full, limit on message size, anti-spam policy, firewall).
"Hard Bounce" The failed attempt during an Email Broadcast to send an email message to a recipient because either the email recipient or the email domain does not exist, and in addition a 5.x.x error is returned by the sending or receiving email server. You will be asked to provide PROSPECT360 with a list of those email addresses which resulted in Hard Bounces. Summarised delivery reports, comparisons against suppression files or the unwillingness of a broadcaster to carry out an Email Broadcast will not be accepted as evidence of Hard Bounces.
"List Owner" The owner or licensor of the Data.
"PROSPECT360", "Prospect360" Intertec Data Solutions T/A Prospect360, 1 Tomlins Avenue, Frimley Camberley, Surrey, GU16 8LJ, UK.
"Print And Post" The printing and sending by mail of an item (such as, but not limited to, a letter or postcard) to recipients whose address is contained in the Data, or to recipients whose address is contained in the Customer Data.
"Services" Activities carried out by Prospect360 on Your behalf, including but not limited to the Deduplication of Data or Customer Data; the carrying out of Email Broadcasts; the carrying out of Print And Post campaigns.
"Site" Any website owned or operated by Prospect360.
"Subscriber" In the case of a company or other organisation, the company or organisation whose name appears on the bill from the telecommunications service provider and not any individual employee of the company or organisation. In the case of a household, the person whose name appears on the bill from the telecommunications service provider.
"You", "Your" You, the individual person using the Sites, and if You are an employee and are using the Sites to perform Your job, also Your employing organisation.
"100% Delivery Guaranteed" Data where every postal and / or email record contained therein will be delivered or the cost of the record refunded as well as a contribution towards the cost of the mailing or Email Broadcast.
Section Headings are for convenience only, and do not form part of this Agreement.
1. GENERAL TERMS
1.1 You agree that in the event of Your failure to comply with any term or condition of this Agreement, PROSPECT360 may at its sole discretion terminate this Agreement without further notice to you and with immediate effect and may terminate any licences created by this Agreement. You also agree that in the event of such termination you will not be entitled to any refund of amounts paid to PROSPECT360 under this Agreement, and that You will be liable to PROSPECT360 for payment for any benefit derived by you from this Agreement up to the date of such termination.
1.2 You agree to accept responsibility for Your actions while using the Sites, including the selection of Data, the purchase, download, manipulation, printing and use of the Data and all results from such use.
1.3 You warrant that You will exercise all reasonable precautions to prevent others under Your control from violating any term of this Agreement.
1.4 You may not assign, transfer or sub-license Your rights and obligations under this Agreement to any other party.
1.5 You warrant that You will comply with the Data Protection Act 1998 and any subsequent amendments or legislation that implements the EU Directive 95/46/EC (and the Privacy and Electronic Communications Regulations 2003 and any related regulations) and any guidance issued by the Information Commissioner relating thereto including but not limited to complying with Your obligations in respect of any personal data which You may supply to or receive from the other party. In particular (but without limitation) You warrant to PROSPECT360 and List Owner that you shall at all times (i) maintain the confidentiality and integrity of any personal data received from or on behalf of PROSPECT360 or List Owner; (ii) implement and maintain appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data in accordance with all appropriate Data Protection legislation; and (iii) not transfer any personal data received from or on behalf of PROSPECT360 or List Owner outside the European Economic Area or other designated Safe Harbour. You shall ensure that any uses to which the Data is put comply with the Codes of Practice of the appropriate advisory bodies including without limitation the Direct Marketing Association. You shall be responsible for obtaining and applying to the Data any necessary suppression files including, where appropriate, the Mail Preference Service, the Telephone Preference Service and / or the Email Preference Service suppression files.
1.6 Deduplication is provided by PROSPECT360 on a best efforts basis only. Deduplication is an inexact science as the same company/address may be expressed or spelt differently in different databases. PROSPECT360 use "fuzzy matching" to assign a unique Royal Mail Address Key to each household address and each company/address combination so that where possible such addresses are considered as the same and the duplicate removed. However a small number of "not-quite-duplicates" may exist and these will not be removed - this is unavoidable and You accept that no replacement Data or refund will given in this case. In a limited number of circumstances (e.g. a postcode changes or a building changes to multi-occupancy) the Royal Mail Address Key may change over time, in which case PROSPECT360 are unable to recognise such addresses as being the same and are unable to remove the duplicate - this is unavoidable and You accept that no replacement Data or refund will be given in this case.
1.7 You understand that PROSPECT360 and List Owner reserve the right, subject to reasonable prior notice, to audit for compliance with the terms of this Agreement. Such right of audit shall include (without limitation) the right to audit any relevant database or computer files maintained by You and Your Agent and Your Client to ensure that the use of the Data by You and Your Agent and Your Client complies with the provisions of this Agreement. You and Your Agent and Your Client shall allow access during normal working hours and to all relevant records to allow for such audit to be completed.
1.8 The List Owner shall be entitled to enforce any term of this Agreement either directly as principal or as a third party (as applicable).
1.9 Other than the List Owner, this Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to it and no person who is not a party to this Agreement may enforce any of its terms or rely on any exclusion or limitation contained in it.
1.10 Prospect360 may at its sole discretion use the services of sub-contractors to fulfil its obligations under this Agreement.
2. SITE AVAILABILITY
2.1 Prospect360 endeavours to make the Sites available at all times on a best efforts basis.
2.2 You accept that from time to time the Sites may not be available due to circumstances outside the control of Prospect360 or to allow maintenance or upgrades to be carried out by Prospect360. In the event that access to the Sites has been granted by Prospect360 through the payment by You of an Access Fee, You accept that no refund of all or any part of the Access Fee shall be due as a result of Site non-availability howsoever caused.
3. DATA USAGE AND YOUR RIGHTS TO THE DATA
3.1 Your rights to the Data are strictly and specifically governed by the terms of this Agreement.
3.2 Data (other than Email Data) for single use may be used once only within a twelve month period from the date of this Agreement and only for the purposes allowed by this Agreement, provided that You may use the Data subsequently in respect only of those individuals and/or businesses which become Your bona fide customers as a result of your marketing activity carried out using the Data and in accordance with this Agreement.
3.3 Data (other than Email Data) for multiple use may be used an unlimited number of times within a twelve month period from the date of this Agreement and only for the purposes allowed by this Agreement, provided that You may use the Data subsequently in respect only of those individuals and/or businesses which become Your bona fide customers as a result of your marketing activity carried out using the Data and in accordance with this Agreement.
3.4 The Data comprises proprietary information intellectual property rights in which are owned by the List Owner or others. You acknowledge and agree that the Data is proprietary to List Owner and comprises (a) works of original authorship (b) confidential and trade secret information and (c) information that has been created, developed and maintained by List Owner at great expense of time and money, such that misappropriation or unauthorised use by others for commercial gain would unfairly harm List Owner. You agree that You will not commit or permit any act or omission by Your agents, employees, or any third party that would impair List Owners copyright, database rights or other proprietary and intellectual rights in the Data.
3.5 You 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.
3.6 Upon purchase the Data is licensed non-exclusively for Your use only. If You are a company, use by or on behalf of any holding company, sister company or subsidiary company is specifically excluded.
3.7 You may not resell or transfer or disclose or permit the use of the Data to or by any 3rd party, except to your Agent or where You are an approved Prospect360.co.uk reseller to Your Client. Where You are an approved Prospect360.co.uk reseller and Your purchase of Data is for and on behalf of a Client, the Data may be held by You solely on behalf of that sole Client only and You may not use the Data on behalf of any other Clients or third parties. You undertake to use all reasonable endeavours to ensure that Your Agent or Client complies with the terms of this Agreement as if it were a party hereto and You hereby indemnify the List Owner against any loss or claim (i) arising from this Agreement as a result of any act or omission on the part of Your Agent or Client; and (ii) arising from any failure by You, Your Agent or Client to comply with the terms of this Agreement.
3.8 You agree not to use the Data in any way other than for mailing, phoning or faxing or Email Broadcasting (to the extent permitted by this Agreement) for marketing and promotional purposes relating to Your business or that of Your Client.
3.9 You may be asked to provide PROSPECT360 with a copy of your mailing piece / telephone script / email message ("Marketing Communication") for approval prior to making Your purchase. If so, You agree that You will not modify Your Marketing Communication without the further approval of PROSPECT360.
3.10 You may make a single copy of the Data in machine readable or printed form for backup purposes and in support of Your own use of the Data or that of your Client.
3.11 You agree to indemnify PROSPECT360 and the List Owner in respect of any claim arising from use of the Data made by You or Your Agent or Client and/or arising from the material dispatched using the Data by You or Your Agent or Client, including but not limited to defamation, obscenity or infringement of others' rights.
3.12 You agree to indemnify PROSPECT360 and the List Owner in respect of 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 Your possession or the possession of Your Agent or Client.
3.13 In the event that payment made by You for the Data by cheque or credit card or otherwise is subsequently reversed by You or by Your bank or by Your card issuer or otherwise, all and any rights You and/or Your Agent and/or Your Client may have in the Data shall immediately cease. Payment for the full amount remains due to PROSPECT360 and PROSPECT360 reserves the right to use all and any applicable legal remedies to recover payment from you as well as any additional costs incurred by PROSPECT360 in so doing.
3.14 In the event that You purchase Data against account facilities provided by PROSPECT360 and the invoice for the purchase of this Data issued to You by PROSPECT360 remains unsettled more than 30 days past its due date, all and any rights You and/or Your Agent and/or Your Client may have in the Data shall immediately cease. Payment for the full amount remains due to PROSPECT360 and PROSPECT360 reserves the right to use all and any applicable legal remedies to recover payment from you as well as any additional costs incurred by PROSPECT360 in so doing.
3.15 Where the Data is used in contravention of the provisions of this agreement You shall pay to PROSPECT360 a sum equivalent to the value of the single use charges on each occasion that the Data is so used and You expressly agree and acknowledge that the provisions of this clause 3.15 shall operate by way of liquidated damages and are a genuine pre-estimate of PROSPECT360's loss in such circumstances.
3.16 Upon expiry or termination of the licence period permitted by this agreement, You and Your Agent and Your Client shall immediately delete or destroy all originals and copies of the Data save for those individuals and/or businesses which become Your bona-fide customers.
4. EMAIL DATA
4.1 Where available, Email Data for single use may be used once only within a one month period from the date of this Agreement and only for the purposes allowed by this Agreement, provided that You may use the Data subsequently in respect only of those individuals and/or businesses which become Your bona fide customers as a result of your marketing activity carried out using the Data and in accordance with this Agreement.
4.2 Where available and where an Email Broadcast is carried out by PROSPECT360, Email Data purchased for multiple use may be used twice only within a two month period from the date of this Agreement. Where an Email Broadcast is carried out by PROSPECT360 the first use shall be within a one month period from the date of this Agreement and the same Email Content only shall be rebroadcast by PROSPECT360 to those recipients who have not unsubscribed from the first broadcast.
4.3 Where available and where an Email Broadcast is carried out by You, Email Data purchased for multiple use may be used the same number of times in the same time period as other Data (see 3.3 above). Email Data for multiple use may be used only for the purposes allowed by this Agreement, provided that You may use the Data subsequently in respect only of those individuals and/or businesses which become Your bona fide customers as a result of your marketing activity carried out using the Data and in accordance with this Agreement.
4.4 E-mail addresses are prone to frequent change, as well as being unreachable for a number of technical and other reasons (such as, but not limited to, account disabled, mailbox full, limit on message size, anti-spam policy, firewall). A much higher percentage of undeliverable e-mail is to be expected than for mail, phone or fax. Where hard bounces exceed the relevant percentage of the Email Data, replacement Email Data or a refund will be provided in accordance with 9.1 for hard bounces above this level only. You accept that no replacement Email Data or refund will be given for undeliverable e-mail addresses in the Data for any other reason for non-delivery, or for hard bounces below this level.
5. EMAIL BROADCASTS
5.1 All text, data, images and other content and/or materials provided by You or on Your behalf by third parties to PROSPECT360 for the purpose of an Email Broadcast are and shall remain Your exclusive property ("Email Content"). You shall procure, at Your own expense, all necessary rights, licenses, permissions, waivers, releases and all other agreements and documentation necessary to permit use of the Email Content by PROSPECT360 as required in connection with any Email Broadcast by PROSPECT360 and You warrant that all materials including Email Content delivered by You to PROSPECT360 in connection with any Email Broadcast shall not infringe any copyright, patent, trade secret or other proprietary right held by any third party. You are responsible for ensuring the legality of all text, data and images including scripts, hyperlinks and linked web content, and for ensuring the accuracy and completeness of all information contained therein prior to any Email Broadcast of Email Content by You or PROSPECT360 or any third party.
5.2 You warrant that in any Email Broadcast by You or PROSPECT360 or any third party the Email Content shall not be libelous, obscene, slanderous, false, misleading, defamatory, unethical, pornographic, or illegal, or infringe any third party rights or contain a virus, worm, Trojan, or time bomb or any other malicious code or script, or any downloadable executable software. You or any third party acting on Your behalf will not take any action that could cause PROSPECT360 or List Owner to be blacklisted by an internet service provider or e-mail provider, and You will cooperate with PROSPECT360 or List Owner as reasonably necessary if PROSPECT360 or List Owner is so listed as a result of Your actions.
5.3 Prospect360 will not be liable in any event, including liability for negligence (except for personal injury or death), to You or others for any loss or damages, lost revenue or profits, or any indirect or consequential loss or damages arising from any decision by a third party broadcaster acting as a sub-contractor to PROSPECT360 to refuse to carry out an Email Broadcast because of the Email Content, although PROSPECT360 will at its sole discretion use its best endeavours to find an alternative broadcaster.
5.4 Any Email Broadcast shall include an unsubscribe message and mechanism acceptable to PROSPECT360. The email addresses of those recipients who so choose to unsubscribe shall be reported to PROSPECT360 within 10 days of the date of the Broadcast.
 
6. USE OF TEMPLATES
   
6.1 The designs, layouts and static text and images of templates provided to you by PROSPECT360 to assist you in the creation of Your marketing campaigns are and shall remain the exclusive property of PROSPECT360. You shall procure, at Your own expense, all necessary rights, licenses, permissions, waivers, releases and all other agreements and documentation necessary to permit Your use of any text and images uploaded by You into these templates.
6.2 You warrant that any text or image added by You to a template shall not be libelous, obscene, slanderous, false, misleading, defamatory, unethical, pornographic, or illegal, or infringe any third party rights or contain a virus, worm, Trojan, or time bomb or any other malicious code or script, or any downloadable executable software.
6.3 Unsubscribe messages and mechanisms where required must be acceptable to PROSPECT360.
7. PRINT AND POST
   
7.1 All text, data, images and other content and/or materials provided by You or on Your behalf by third parties to PROSPECT360 for the purpose of Print and Post campaign are and shall remain Your exclusive property ("Mail Content"). You shall procure, at Your own expense, all necessary rights, licenses, permissions, waivers, releases and all other agreements and documentation necessary to permit use of the Mail Content by PROSPECT360 as required in connection with any Print and Post campaign by PROSPECT360 and You warrant that all materials including Mail Content delivered by You to PROSPECT360 in connection with any Print and Post campaign shall not infringe any copyright, patent, trade secret or other proprietary right held by any third party. You are responsible for ensuring the legality of all text, data and images, and for ensuring the accuracy and completeness of all information contained therein prior to the printing and mailing of a Print and Post campaign by PROSPECT360.
7.2 After acceptance by You of a proof copy of Your campaign provided to You electronically or by other means, You shall be liable for the whole cost of the campaign. Should You wish to delay or cancel the execution of a campaign, PROSPECT360 will endeavour on a best efforts basis to accomodate this.
7.3 Prospect360 will not be liable in any event, including liability for negligence (except for personal injury or death), to You or others for any loss or damages, lost revenue or profits, or any indirect or consequential loss or damages arising from any delay in printing or postal delivery howsoever caused.
   
8. LIST OWNER'S SPECIFIC LICENCE TERMS
8.1 If any conflict arises between any other term of this Agreement and the List Owner's specific licence terms in this section 8, the List Owner's specific licence terms shall prevail.
8.2 Unless otherwise specified in this section 8.2, the Data is owned at all times by List Owner and copyright and intellectual property rights in the Data shall at all times remain vested in the List Owner.
8.3 [intentionally blank]
   
9. DATA QUALITY, COMPLETENESS AND REFUNDS
9.1 You accept that the Data may contain a number of Goneaways and that unless the level of Goneaways exceeds the relevant percentage of the Data (see 9.5) You accept that no replacement Data or refund shall be due in respect of these goneaways. If the level of Goneaways exceeds the relevant percentage or if any other fault arises in the Data, PROSPECT360 and / or List Owner shall have the right to remedy such fault where possible by re-supplying all or the relevant percentage of the Data. In the event that You do not advise PROSPECT360 of any defect in the Data within ninety (90) days from the date of receipt thereof in the case of Goneaways or thirty (30) days from the date of receipt thereof in all other cases, You shall be deemed to have accepted the Data.
9.2 Where Data contains name elements (such as salutation, forename, initials, surname) You accept that not all elements will necessarily be present for each record and that no replacement Data or refund will be given for incompleteness of the Data in this instance. You also accept in the case of business data that a named contact may comprise an individual name or job title or both and that job holders are subject to frequent change and that no replacement Data or refund will be given for incorrect or missing contact names or job titles.
9.3 Replacement Data or a refund will be given for the proportion of the purchase price represented by mail, phone, fax and/or email Goneaways subject to You following the procedure indicated in 9.6 - 9.10, provided You have mailed/phoned/faxed/emailed a reasonable number of records (see 9.4) and the Goneaways fall within the relevant definition and the level of Goneaways exceeds the relevant percentage of the Data (see 9.5) and if you have purchased the Data against account facilities provided by PROSPECT360 you have settled the invoice relating to the Data within the agreed account settlement period.
9.4 If the Data and contact method is not 100% Delivery Guaranteed (see 9.5), before You can make a claim for replacement Data or a refund for Goneaways, You must mail or phone or fax or email (as the case may be) a minimum of 250 records or 20% of the total number of records in the Data whichever is the greater. In the event that there are less than 250 records in the Data, You must mail or phone or fax (as the case may be) all the records in the Data.
9.5 The Data is not 100% Delivery Guaranteed.
  For this Data, the percentages of records which must qualify as Goneaways before replacement Data or refund for Goneaways will be given are:
  Addresses: 6%
  Fax Numbers: 10%
  Good2Call landline telephone Numbers: N/A
  Other telephone Numbers: 10%
  Email addresses: N/A
9.6 For 100% Delivery Guaranteed Email Data, the Email Broadcast to Email Data must be carried out within 15 days of purchase of the Email Data and all Hard Bounces must be returned to Prospect360 within 7 days of the Email Broadcast for verification. PROSPECT360 will then refund the data cost of the Hard Bounce. In addition, PROSPECT360 will pay You a further 10p for B2B emails or 5p for B2C emails per Hard Bounce for records purchased at the price of the smallest volume priceband (e.g. the 1 record price) ("the Base Price"). For records purchased at prices other than the Base Price (e.g. where greater volume pricing has been applied, or where a discount or commission has been given), PROSPECT360 will give You a pro-rata amount per item (e.g. if the B2B price paid represents a 20% discount to the Base Price, the additional amount will be 10p less 20% = 8p). For records purchased for multiple use, this additional amount per Hard Bounce will only be paid for the first Hard Bounce for each email address.
9.7 For 100% Delivery Guaranteed postal Data, Your mailing must be sent within 30 days of purchase of the Data and Goneaways returned to Prospect360 for verification within 90 days of purchase of the Data. PROSPECT360 will then refund the data cost of the Goneaway and will pay You an additional 50p per Goneaway for records purchased at the price of the smallest volume priceband (e.g. the 1 record price) ("the Base Price"). For records purchased at prices other than the Base Price (e.g. where greater volume pricing has been applied, or where a discount or commission has been given), PROSPECT360 will give You a pro-rata amount per item (e.g. if the price paid represents a 20% discount to the Base Price, the additional amount will be 50p less 20% = 40p). For records purchased for multiple use, this additional amount per Goneaway will only be paid for the first Goneaway for each address mailed.
9.8 Other claims for replacement Data or refund for Goneaways must be made with supporting documentation (e.g. returned envelopes, call records, fax logs) within 90 days of date of purchase.
9.9 Replacement Data or refund will not be given where supporting documentation is not provided.
9.10 Supporting documentation, which must include the invoice number of the purchase, should be sent to Prospect360, 1 Tomlins Avenue, Frimley Camberley, Surrey, GU16 8LJ, UK. Only one claim may be made for each purchase. A separate claim must be made for each purchase. For further assistance, You should contact Prospect360 on 01276 69 11 99.
9.11 If You think You are due replacement Data or refund for any reason which is not related to goneaways, You should contact Prospect360 on 01276 69 11 99. Any credit card handling fees will not be refunded unless the reason for the refund is due to error on our part. In the event that You are provided a Destroyed Data Declaration by PROSPECT360, no refund will be given until this has been signed by You and returned to PROSPECT360.
9.12 Until and unless a refund has been agreed by PROSPECT360, payment for the full amount remains due to PROSPECT360 and PROSPECT360 reserves the right to use all and any applicable legal remedies to recover payment from You as well as any additional costs incurred by PROSPECT360 in so doing.
10. EXCLUSION OF LIABILITY
10.1 To the extent permitted by law, PROSPECT360 and the List Owner do not make and hereby disclaim any warranty, express or implied. PROSPECT360 and the List Owner do not guarantee or warrant the correctness, completeness, currentness, or satisfactory quality and fitness for a particular purpose of the Data.
10.2 Neither PROSPECT360 nor the List Owner will be liable in any event, including liability for negligence (except for personal injury or death), to You or others for any loss or damages, lost revenue or profits, or any indirect or consequential loss or damages resulting from problems caused by the interaction of the Code or Data with Your computer, operating system, other software or data, or from Your use of or inability to use the Code or Data.
10.3 Neither PROSPECT360 nor the List Owner will be liable in any event, including liability for negligence (except for personal injury or death), to You or others for any loss or damages, lost revenue or profits, or any indirect or consequential loss or damages resulting from the non-availability of the Site.
10.4 In the event of any claim upheld against PROSPECT360 or the List Owner, PROSPECT360 or the List Owner will not be liable to You or others in excess of the Access Fee or the purchase price of the Data.
11. JURISDICTION
11.1 This Agreement is governed by English Law and You agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising.
11.2 All notices shall be given in writing to persons at the locations specified in this Agreement or such other address as either party may designate by notice to the other. Notice sent by post shall be deemed to be delivered seventy-two (72) hours after posting.
11.3 This Agreement contains the entire understanding between the parties hereto and supersedes all previous agreements between the parties. No other terms or conditions (including any written, given verbally or attached to any purchase order form, document or correspondence) shall be included or implied unless agreed upon in writing signed by an authorised officer or representative of each of the parties to this Agreement providing that nothing in this clause shall be deemed to exclude either party's liability for fraudulent misrepresentation.
END OF LICENCE AGREEMENT
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