List Rental Terms & Conditions
This agreement is between Hemming Group Limited (trading as Hemming Information Services) (“the List Owner”) and individual placing the order (“the Customer”) whose name and address appears as per the completed order form.
The Customer by signing this agreement agrees, subject to the acceptance by the List Owner, to rent the list of information (“the List”) from the List Owner for a number of uses as stipulated on their order form.
Copyright
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The Customer acknowledges that the List is the copyright of the List Owner and that it will acquire no rights to copy, duplicate or retain the List, or any part thereof. The Customer acknowledges that the List is of significant commercial value to the List Owner and will take all necessary action to ensure that no other person is given access to the List. The Customer take full responsibility for any unauthorised use or disclosure of the List.
Usage
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The Customer warrants that the information regarding the nature of it’s business and the purpose for which the List is to be used, is accurate, complete and in no way misleading. The Customer acknowledges that the List Owner is relying on this warranty in agreeing to provide the List to the Customer.
The List Owner will provide the List to the Customer for usage as stipulated on the order form, strictly within the business. The Customer undertakes not to use the List, otherwise than in accordance with this agreement.
At the List Owner’s request, the Customer will provide the List Owner with two samples of the material that the customer proposes to mail to the names on the List. The Customer undertakes to ensure that any material dispatched to the names on the List conforms to the sample supplied to the List Owner and shall contain no reference to the List Owner.
The List Owner may, at any time, as it sees fit and without giving any reason, refuse or withdraw permission for the Customer to use the List.
Where the Customer requests that the List is sent to a mailing house, the Customer will take all necessary action to ensure that the mailing house is aware of, and complies fully with, the terms and conditions contained in this agreement.
The Customer will indemnify the List Owner in full, for and against all claims, costs, expenses and liabilities arising from any breach of this agreement by the Customer (or by a mailing house acting on the Customer’s behalf) or by reason of anything contained in the material mailed to the names on the List. The List Owner’s approval of the material to be mailed or the use of the List shall not restrict the List Owner’s rights under this indemnity.
Delivery
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The List Owner will despatch the List to the Customer by e-mail or post, in digital format, or on floppy disk, or as labels, as requested by the Customer. The Customer undertakes to use the List within 28 days of the date of delivery.
The customer undertakes to notify and deliver the list owner any mailing returns received over and above 2% of the total names provided, in order to reclaim list costs. This must be done within 30 days of the delivery date of the list.
Within 35 days from the date of delivery of the List, or 7 days of usage of the List, if earlier, the Customer undertakes to destroy all copies of the List and delete the List in its entirety from any computer or any other electronic storage device. If the List was supplied to the Customer on floppy disks, such floppy disks shall be returned to the List Owner. The Customer will, on the request of the List Owner, certify in writing that it has complied with these obligations.
Payment
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The rental charge shall be calculated in accordance with this agreement.
Subject to the List Owner agreeing to open a credit account for the Customer, the List Owner will invoice the Customer prior to the despatch of the List. The Customer agrees to settle the invoice in full within 30 days of the date of the invoice. The List Owner reserves the right to require full payment in advance of despatch of the List. The Customer shall not be entitled to withhold payment of any amount due to the List Owner by reason of any set-off or counterclaim. The List Owner shall be entitled to charge interest on any overdue sum at the rate for the time being of 2% above the base lending rate of HSBC Bank Plc from the due date until the date of actual payment.
List Contents
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The approximate number of records contained in the List and quoted to the Customer is the number of records at the time of quotation. The actual number of records on the List despatched to the Customer may differ due to additions and deletions between the time of quotation and the time of despatch. The Customer accepts that a small number of dummy records shall be inserted into the List before despatch, for the purpose of monitoring usage of the List. The information contained in the List has been complied from data collected by the List Owner, in good faith, from the organisations on the List and was believed to be correct at the time of collection. The List Owner gives no warranty as to the accuracy or completeness of the List or whether it is fit to be used for the purpose stated above. The List Owner shall not be liable for any claims, loss, costs or expenses that may arise as a result of making the List available to the Customer.
Entire Agreement
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These are the entire terms and conditions on which the List Owner will make available the List to the Customer.
Failure or delay by the List Owner in exercising any right under the terms of this agreement shall not operate as a waiver of the List Owner’s rights under this agreement.
