Business list rental terms

Terms and conditions below apply to email and postal address list rental.

Definitions

In these Terms: "Address Books" means the data that may be supplied for mailings and data segmentation, including names, job titles, email addresses, postal addresses, business codes, role codes and geospatial data; “Client” means a person or company buying Services or an agent acting on behalf of the Client; "Effective Date" is the date that the contract crystallises; "ESI.info" is the trading name of Environmental Standard Indexes Limited; "Order Form" means the order form confirming the level of Services you are purchasing and incorporate these Terms; "Services" means the scope of work and associated charges agreed on the Order Form; "List Owner" is ESI.info; "Lists" are the contact address books supplied as part of the contract; "Use" means direct use of the Services for postal, email and telephone marketing campaigns.

  1. Address books – counts and delivery

    1. Number counts provided in quotes are indicative only; final counts will vary as Address Books are continually maintained and updated.
    2. Data will be delivered in MS Excel spreadsheets (.xlsx format) unless otherwise requested.

  2. Contract duration

    1. The Effective Date of contracts is the date the order is received by ESI.info unless otherwise specified.
    2. Lists may only be used for the period agreed in the contract.

  3. List rental usage

    1. Lists are supplied for the number of mailings specified on the Order Form.
    2. Lists may only be used for authorised Use. Electronic measures are taken to detect unauthorised use. In the event of unauthorised use, an additional invoice will be raised for a sum of £750 per thousand for the quantity provided in the original order each time the list is used for unauthorised purposes or outwith the contract period.

  4. Copyright

    1. Copyright in Lists remains with ESI.info unless specifically agreed otherwise.
    2. Lists must not be passed to third parties, with the exception of approved Direct Marketing Agencies working on behalf of the Client.

  5. Warranties

    1. The Client warrants that mailings will contain nothing that infringes copyright or is otherwise illegal or unlawful, and shall keep the Broker and/or List Owner fully indemnified against any claims. ESI.info’s acceptance of work is based on the understanding that the Client undertakes to work within the normally accepted codes of conduct for the advertising industry, including in particular the British Code of Advertising Practice.
    2. The Client has the responsibility for ensuring all mailing files are suppressed against all the preference services, including MPS, TPS, FPS, CTPS, and any other relevant services. ESI.info holds no responsibility for a mailer/user or bureau failing to suppress a mailing file against the relevant preference services.
    3. The Client is solely responsible for all ethical handling of unsubscribes, and agrees to adhere to best practice when considering all aspects of direct marketing.
    4. Whilst all efforts are made to ensure that Lists supplied are accurate and that they are supplied on the agreed date, ESI.info does not accept liability for any loss or damage consequential or otherwise suffered by the subscriber, its employees or agents, arising from any act or omission by ESI.info including but not limited to:
      1. The supply of information that is incorrect or illegible
      2. The late arrival or non-arrival of information
    5. The liability of ESI.info (if any) in contract or otherwise in respect of any breach of this agreement, or any duty owed to that subscriber in connection herewith, shall be limited to a refund of monies paid by the subscriber to ESI.info.

  6. Charges

    1. All prices quoted are exclusive of VAT.
    2. Managed Email Campaigns are invoiced on a monthly basis in arrears on the last day of each calendar month.
    3. List rental fees are payable in advance.

  7. Refunds

    1. When Lists are used for electronic mailings, a refund will be paid of the cost of any hard-bounced emails at the contract rate, over and above 4% of the total emails sent, provided full details of the inaccuracies are submitted to ESI.info within 30 days of the List being supplied.
    2. When Lists are used for postal mailing, a refund of £1.00 will be paid for each item returned, over and above 6% of total items mailed, due to an incorrect address having been supplied by ESI.info provided full details of the inaccuracies are submitted to ESI.info within 30 days of the List being supplied.

  8. Assignments

    The List Owner reserves the right at any time to assign this agreement to any company, firm or person. Accepted orders for Lists are personal and may not be assigned by the Client.

  9. Governing law

    English law and the exclusive court jurisdiction of the English courts will apply to this order.

© Environmental Standard Indexes Ltd, May 2016