Terms and Conditions
This Agreement is made on the date of purchase between the Purchaser and TwentyCi Data Ltd a company registered in England and Wales (05672869) at 8 Whittle Court, Knowlhill, Milton Keynes, MK5 8FT..
1. The Purchaser confirms they have the authority to enter into this Agreement and the details provided within the MoverAlerts registration are accurate and that all relevant information has been disclosed.
2. Definitions of terms contained in this Agreement
Data – information relating to an individual or a property where a home move is potentially taking place to include Property Listings Data.
Opt In – to actively indicate a wish to receive a marketing communication (including the ticking of a box inviting such marketing communications), and ‘Opted In’ and ‘Opt In’ shall be read accordingly
Opt Out – to actively indicate a wish not to receive a marketing communication (including the ticking of a box declining an invitation to receive such marketing communications or objecting to it), and ‘Opted Out’ and ‘Opt Out’ shall be read accordingly
PECR – the Privacy and Electronic Communications (EC Directive) Regulations 2003
Property Listings Data means the data is supplied at address level with no personal level information.
Permitted Purpose – any use of the Data for direct mail marketing of the Purchasers own business on a single use basis only. The Data may only be used within 4 weeks from the date of purchase.
3. The Purchaser requires that TwentyCi Data Ltd supply Data the geographical areas specified by the Purchaser in the order and not exceeding the quantities agreed.
4. TwentyCi Data Ltd may not be held responsible in matters concerning the relevance and quality of Data it passes on to the Purchaser.
5. The Purchaser shall not sell the Data on to other parties, nor will the Purchaser use the Data for the purpose of developing other data products
6. The Purchaser agrees that it will use the Data only for the Permitted Purpose.
7. The Purchaser will use the Data only in accordance with best industry practice including the Direct Marketing Association’s Code of Practice and the British Code of Advertising, Sales Promotions and Direct Marketing.
8. The Purchaser will not use the Data for or in connection with any sexually explicit, pornographic, offensive, racist, obscene, abusive, bigoted, violent, criminal, discriminatory, libellous, defamatory or illegal purpose or to promote any services connected to the mis-selling of financial products (including PPI).
9. If the Data includes telephone numbers then the Purchaser, and not TwentyCi Data Ltd, is responsible for on-going compliance with PECR, including processing against the latest Telephone Preference Service file.
10. If the Data includes email addresses then the Purchaser will not receive the data in the download and TwentyCi Data Ltd will be responsible for the broadcast of the email material. TwentyCi Data Ltd is not responsible for on-going compliance with PECR.
11. Each Party undertakes to the other that it will duly observe all its obligations under the Data Protection Legislation which arise in connection with the performance of this Agreement. This shall include employing operational and technological processes and procedures in accordance with best industry practice in respect of security against unauthorised use, access, loss, destruction, theft or disclosure of the Data.
12. The Purchaser will not copy, reproduce or reduce to writing any part of the personal Data except as may be reasonably necessary for the provision of marketing their services and will not transfer such personal Data outside of the European Economic Area without the prior written consent of TwentyCi Data Ltd.
13. The Purchaser undertakes the responsibilities and obligations of the Data Protection Act as the Data Controller at the point of data delivery
14. The Purchaser shall indemnify and hold TwentyCi Data Ltd harmless against any liabilities costs expenses damages and losses Including any direct or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by TwentyCi Data Ltd arising out of or in connection with a breach of this Agreement by Purchaser or the use or misuse of the Data by the Purchaser.
15. TwentyCi Data Ltd warrants that:
a) It collects inputs and processes the Data using the reasonable standards of skill and care which it normally employs for operating its website and data business;
b) It has obtained the Data with all necessary consents where applicable by law from each data subject authorising the use of the Data by third party suppliers to enable them to promote their services to potential home movers.
c) TwentyCi Data Ltd does not warrant the accuracy or completeness of any of the Data provided.
d) Where Data is provided to include personal level information, that the relevant data subjects have not, to the best of their knowledge, Opted Out of or otherwise withdrawn their appropriate consent to their data being used for the Permitted Purposes.
e) In so far as the Permitted Purposes include use of the Data for unsolicited communications by electronic mail or mobile telephone numbers by or on behalf of the Purchaser, the relevant data subjects have Opted In to receiving such communications.
f) Use by the Purchaser of the Data pursuant to and in accordance with this agreement will not infringe the intellectual property rights of any third party.
16. Data Format and DeliveryData will be provided in single standardised output for each media as follows:
a) Data format is a downloaded CSV (comma separated variable)
b) Email Broadcast is subject to a set up charge as stipulated in contract details
c) Multiple files purchased from TwentyCi Data Ltd will not be de-duplicated before supply unless otherwise agreed. Data which requires a change to the standardised output format will incur an additional charge.
17. Where there is a third party responsible for the delivery of physical media TwentyCi Data Ltd does not warrant that it will deliver on the delivery date.
18. The Data may contain seed names and addresses or phone numbers for control purposes. The Purchaser acknowledges that these Seeds will not be made known to them. It shall constitute a material breach of this agreement if TwentyCi Data Ltd’s records indicate that any Seeds received any communications undertaken by or on behalf of the Purchaser or with the Purchaser’s consent or knowledge outside the Permitted Purposes.
19. You may be asked for a copy of your mailing piece/telephone script to TwentyCi Data Ltd for prior approval to a data purchase. If so, you agree not to change or modify your marketing communication without further approval of TwentyCi Data Ltd.
20. TwentyCi Data Ltd may revise the price at any time.
21. All credit card and debit card purchases are subject to your card providers and TwentyCi Data Ltd payment portal provider’s terms and conditions.Where the Purchaser has been provided a credit account;
(i) Invoices will be due for payment 30 days from receipt and paid for through the agreed method. Interest will be applicable on overdue balances at 2% above Barclay’s base rate.
(ii)All prices are subject to VAT (Value Added Tax) at the rate applicable at that point in time.
(iii)TwentyCi Data Ltd reserves the right to immediately terminate this agreement if payment is not received
(iv)TwentyCi Data Ltd may at any time after a non-payment of balances due ask a debt collection agency to collect payment from the Purchaser and the Purchaser will be responsible for further charges incurred in collecting any sums owed to TwentyCi Data Ltd.
22. In the event that payment made by you for the Data by debit 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 TwentyCi Data Ltd and TwentyCi Data Ltd reserves the right to use all and any applicable legal remedies to recover payment from you as well as any additional costs incurred by TwentyCi Data Ltd in so doing.
23. 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 27) 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, TwentyCi Data Ltd 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 TwentyCi Data Ltd of any defect in the Data within ninety (90) days from the date of receipt thereof in the case of Goneaways or seven (7) days from the date of receipt thereof in all other cases, you shall be deemed to have accepted the Data. Receipt is deemd to have occurred when the Data is ready for download from the website.
24. 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.
25. Replacement Data or a refund will be given for the proportion of the purchase price represented by mail, phone, and/or email Goneaways subject to you following the procedure indicated in 23 above, provided you have mailed/phoned/emailed a reasonable number of records (see 26) and the Goneaways fall within the relevant definition and the level of Goneaways exceeds the relevant percentage of the Data (see 27) and if you have purchased the Data against credit facilities provided by TwentyCi Data Ltd you have settled the invoice relating to the Data within the agreed account settlement period.
26. To make a claim for replacement Data or a refund for Goneaways, you must mail or phone 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.
27. 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% Telephone Numbers: 10% Email addresses: 20%
28. Other claims for replacement Data or refund for Goneaways must be made with supporting documentation (e.g. returned envelopes, call records) within 90 days of date of purchase. Replacement Data or refund will not be given where supporting documentation is not provided.
29. Notices shall only be deemed valid if sent by recorded delivery post to TwentyCi Data Ltd at 8 Whittle Court, Knowlhill, Milton Keynes, MK5 8FT.
30. If this Agreement is terminated for any reason, any Data not invoiced by the date of termination will give rise to a final invoice.
31. If any provision in this Agreement should be held to be invalid such provision shall be severed and the remaining provisions shall continue to have full force and effect.
32. This Agreement shall be governed by the Laws of England.
33. This Agreement constitutes the entire Agreement between the Purchaser and TwentyCi Data Ltd and no representation, statement, warranty or condition not expressly contained in this Agreement or incorporated herein by reference shall be binding upon TwentyCi Data Ltd as a warranty or otherwise.