Terms & Conditions of Purchase from Marketing Evolved
1. All database rentals and electronic communications are to be used within the terms of the license agreed or Data Tariff agreed.
2. The Licensee will not assign, transfer or sub-license this agreement without the written permission of Marketing Evolved.
3. Agreement for a licensee to use data supplied by Marketing Evolved is subject to the Licensee ensuring that any such use shall conform to the enclosed Terms and Conditions.
4. Marketing Evolved cannot be held liable for any costs as a result of change to the number of data records available due to the changes which may take place from order to shipment within our research file.
5. Where the Purchaser and licensee are not the same, by signing this document the Purchaser agrees that the licensee has read, understood and agreed to these Terms & Conditions and the Purchaser is not authorised to use the data, database or data related service provided in any way other than to send the data onto the licensee and agrees to delete the data immediately following completion of the agreed transaction.
6. Where data, database or data related service is released to a specified Third Party, by signing this document, the Purchaser warrants that the specified Third Party has read, understood and agreed to these Terms & Conditions.
7. During electronic transfer of data, database or data related services the aforementioned becomes corrupt and as a result was used in marketing then Marketing Evolved cannot be held financially liable for any loss.
License / Data Plan
8. Upon expiry of the license, the licensee or third party agree to immediately delete from any storage facility owned by the licensee or third party any data and information supplied form and part of an order by Marketing Evolved.
9. The Licensee agrees that all intellectual property rights shall remain the sole property of Marketing Evolved.
10. The Licensee is authorised to use Marketing Evolved information under this agreement for the licensee's direct marketing purposes only. Under no circumstances must the data be reproduced, copied, or transferred to a third party unless previously agreed in writing by Marketing Evolved.
11. The licensee agrees that all copies of any data derived from any supplied database will be appropriately marked so that the source of the data is identifiable at all times.
12. All parties warrant that they are appropriately registered under the Data Protection Act 1984 for the use of information and data derived from Marketing Evolved data, database or data related service.
13. The licensee will ensure that its’ use of the data, database or data related service shall comply with the codes of practice of marketing bodies. These include DMA, The British Code of Advertising Practice, Information Commissioners Office, DTI, MPS, TPS, CTPS, FPS and Advertising Standards Authority.
14. Marketing Evolved shall not be liable for any claim arising out of inappropriate or unauthorised use of the data, including electronic communications or ‘spamming’.
15. The information that is contained within the Marketing Evolved database is believed to be accurate to the best of Marketing Evolved’s ability, Marketing Evolved shall not be liable for any claim arising out of the performance, nonperformance or defect in the list, nor for any special, indirect, economic or consequential loss or damage and any liability of Marketing Evolved shall be limited to the maximum value of the order.
16. The licensee’s attention is drawn to the fact that it is the responsibility of the data user to comply with all relevant Direct Marketing legislation. Marketing Evolved will not be held responsible or liable for any breach of legislation and resulting prosecution.
17. Marketing Evolved have a ‘one for one’ refund policy on all mail or telephone gone aways only and any gone aways must be notified to Marketing Evolved in written form no later than 45 days from the database delivery date.
18. The refund policy also covers email hard bounces. Marketing Evolved shall not be liable for any such loss occurring from email soft bounces.
19. All data supplied by Marketing Evolved will contain seed names, which will be monitored to detect unauthorised usage.
20. If unauthorised usage is detected and confirmed upon investigation, the licensee will be liable for three times the original invoice value.
21. Where it is proven beyond reasonable doubt that the purchaser or licensee has supplied or sold-on Marketing Evolved’s information to any third party, Marketing Evolved may seek legal action to recover damages or full legal costs.
22. Re-supply of a database will be subject to a charge of £10.
23. Orders cancelled which have been supplied to the purchaser or licensee will be subject to a cancellation fee of £50.
24. Payment must be made at the agreed terms on the signed order confirmation.
25. Marketing Evolved must be informed in writing of any invoice queries within 10 days of the invoice date.
26. This agreement shall be subject to and construed in accordance with English Law.