TERMS AND CONDITIONS
these conditions, please note:
“The List Owner”
means the supplier of the data; XLData
"The List User"
means any party to whom
XLData agrees to supply the marketing database(s)
means all information and
materials forming the subject of any agreement between XLData
and The List User
provision of The Database to any List User by The List Owner
shall comply with the following conditions.
order for data by a List User shall create a contract only
when accepted in writing by XLData.
Any data supplied by XLData
to The List User shall be used only for the specific
purpose(s) or permitted
of addressing and despatching mailings and/or broadcasts
whether by fax and/or email and/or telephone
marketing and/or for the purpose of statistical analysis. All
data supplied by XLData to The List User for
statistical analysis only remains the property of the XLData
unless otherwise agreed at the point of order.
XLData shall not be held responsible for any and all loss,
damage or expense which The List User may incur
a direct (or indirect) result of use of The Database or any
breach of this condition unless otherwise specified by
XLData prior to accepting an order.
The List User shall not disclose or communicate (in part or in
whole) any part of The Database to any other person
outside of its offices, other than those whose position makes
it necessary to receive such disclosures for the purposes
the permitted use of The Database. The List User acknowledges
that The Database has been "seeded" and will be
monitored to prevent any unauthorised use. Any usage by
unauthorised parties as a result of disclosure or re-sale
The List User will result in legal action being taken against
The List User to recover costs in line with the costs
fees levied by XLData.
XLData warrants that use of The Database must comply with all
relevant Data Protection Acts, all relevant
Acts of Parliament and all other published codes of practice
and regulations applicable to The List User.
The List User acknowledges that XLData has used all reasonable
endeavours to ensure the accuracy of the
information contained in The Database(s) supplied by XLData.
XLData shall not be liable for any
error therein or for any loss, damage or expense incurred by
The List User unless otherwise agreed by XLData
the point of order.
All monies due under this contract are due in advance of the
supply of The Database. XLData reserves the
right to withhold The Database in the event of non-payment by
The List User. Any deposit(s) are non-returnable
unless deemed so by XLData. Where credit terms have been
extended to the The List User, all monies due
under those terms must be paid by The List User within the
period of credit stated on the invoice.
The List User shall not duplicate, reproduce, re-sell, hire or
lend The Database (in full or in part) to any third
party without the prior written consent of XLData.
If we can
be of assistance at any time, please do not hesitate to contact