Terms and conditions below apply to email and postal address
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.
Number counts provided in quotes are indicative only;
final counts will vary as Address Books are continually
maintained and updated.
Data will be delivered in MS Excel spreadsheets (.xlsx
format) unless otherwise requested.
The Effective Date of contracts is the date the order is
received by ESI.info unless otherwise specified.
Lists may only be used for the period agreed in the
Lists are supplied for the number of mailings specified
on the Order Form.
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.
Copyright in Lists remains with ESI.info unless
specifically agreed otherwise.
Lists must not be passed to third parties, with the
exception of approved Direct Marketing Agencies working on
behalf of the Client.
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
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
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.
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:
The supply of information that is incorrect or
- The late arrival or non-arrival of information
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
- All prices quoted are exclusive of VAT.
Managed Email Campaigns are invoiced on a monthly basis
in arrears on the last day of each calendar month.
- List rental fees are payable in advance.
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.
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
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.
English law and the exclusive court jurisdiction of the
English courts will apply to this order.
© Environmental Standard Indexes Ltd, May 2016