Terms & Conditions
Any commercial undertaking between Intermedia Global Ltd and any third party is subject to Intermedia Global Ltd Terms and Conditions as stated below. Suppliers and Customers that engage with Intermedia Global all acknowledge understand and agree with our terms and conditions.
Third party list use terms & conditions
Terms and obligations
- Lists are rented for one time use only unless otherwise agreed.
- A 12 month lease of data means that the data will be supplied for a period of 12 months for unlimited use (unless otherwise stated). Any further use after that time must be agreed under a separate contract with Intermedia Global Ltd. Unless otherwise agreed the data must be deleted from the clients system or third party organisation that hold the data on the clients behalf. Any customers gained from the list supplied will be become owned by the end user.
- The data supplied under the list agreement is for the sole use of the end user (not the intermediary, Broker/Agency). The data cannot be resold or used by any other company other than the named end user..
- A sample or indicative mail piece, telemarketing script or email copy (HTML) or proof of the intended use of the data, must be supplied prior to data being released for rental/lease. We (Intermedia Global Ltd) reserve the right to refuse supply of data if proof of intended use is not provided. When data is ordered by resellers, all end user companies must be divulged at the time of order.
- List Brokers / Agencies who are members of the DMA (Direct Marketing Association) are at our discretion, entitled to commission from the base list rental charge (excluding selections and delivery charges). All other commissions and discounts are at our discretion.
- Base rental costs are exclusive of selection charges, processing costs, delivery and VAT. Applicable for each relevant country. All of these additional costs will be outlined on our list rental data cards and on the Purchase order confirmation.
- The mailer’s name and a campaign brief will be required for all orders placed by a broker/agency on behalf of the end user.
- Net name agreements must be made in writing prior to data being supplied. The list will be invoiced at 100% volume and credited to the agreed net names volume including run on charge (unless otherwise agreed), credits will be made upon sight of a complete bureau report which must be received within 10 days of data supply (unless otherwise agreed).
- After order confirmations have been approved and received by Intermedia Global Ltd and when data has been delivered to the client or data processing bureau, 100% of the charges will apply on all orders. However, but with no guarantee we will negotiate on your behalf with suppliers and pass on any reductions in charges in line with suppliers individual cancellation policies. Invoices must be paid in full and any credits due will be given should any special agreements be made to override our cancellation policy.
- Any Gone-aways (as defined by the Royal Mail), telephone or email quality issues reported, will not automatically be credited by Intermedia Global Ltd, but will be investigated with the List Owner concerned and in line with any pre-agreed quality standards as detailed in the Order confirmation and list owner terms and conditions.
- No data will be released for rental prior to our order confirmation being signed and returned to Intermedia Global Ltd.
- No guarantee is given for the suitability or response rate of a list for particular purposes by the mailer.
- All lists must be checked by the List Broker/Agency, Bureau or the Mailer prior to mailing. Any discrepancies should be notified to Intermedia Global Ltd within 48 hours from receipt of data. All disputes must be resolved prior to mail date and any resupply of data will result in additional processing charges (unless proven that it is the fault of the list owner).
- By complying with Intermedia Globals’ Terms & Conditions, the List Broker/Agency/Mailer is permitted to use the list(s) supplied for the sole purpose agreed as detailed on the order confirmation or otherwise in writing.
- Data will only be delivered to DMA approved data processing organisations or mailing houses, unless prior agreement has been made. Data that is to be viewed and processed by the end user will require permission and that must be made known at the point of order.
- These terms and conditions supersede all 3rd party terms and conditions, unless prior agreement has been approved in writing by Intermedia Global Ltd.
- All lists supplied contain several security seed names in the output file to detect misuse of data supplied.
- After order confirmations, have been approved and received by Intermedia Global Ltd and when data has been delivered to the client or data processing bureau, 100% of the charges will apply on all orders. However, but with no guarantee we will negotiate on your behalf with suppliers and pass on any reductions in charges in line with supplier’s individual cancellation policies. Invoices must be paid in full and any credits due will be given should any special agreements be made to override our cancellation policy.
- After order confirmations, have been approved and received by Intermedia Global Ltd and when data/solution has been delivered to the client or data processing bureau, 100% of the charges will apply on all orders. However, but with no guarantees, we will negotiate on your behalf with suppliers and pass on any reductions in charges in line with supplier’s individual cancellation policies. Invoices must be paid in full and any credits due will be given should any special agreements be made to override our cancellation policy.
- Intermedia Global Ltd shall under no circumstances be liable to the list Broker/Agency or mailer/direct customer for any loss of profits, postage or printing costs, loss of revenue or any indirect loss or damage in connection with the supply of any list(s) or services. Any proven liability would be limited to the cost of disputed list(s) and or service/goods supplied.
- The user of the data has the responsibility for ensuring all mailing files are initially suppressed against all the preference services, including MPS, TPS, FPS, CTPS, and any other relevant services. Also ongoing obligations to comply with legislation as detailed by the ICO will be the responsibility of the End user or their representative processor company. Intermedia Global holds no responsibility for a mailer or bureau (direct or intermediary involved) for failing to suppress a mailing file against the relevant preference services.
- If requested, all Suppressions for MPS, TPS, FPS, CTPS will be made at the list source prior to delivery of data as requested on order confirmations. These instructions must be clear to Intermedia Global at the point of order.
- Intermedia Global as Data Processors, source data from reputable List Owners / Data Controllers who provide assurances that they comply with all data protection permissions and legislation.
- All data providers are subject to our thorough due diligence screening process in advance of becoming an approved supplier. On the basis of this documentation being completed in full, Intermedia Global offer assurances to users that all data delivered satisfies current consent guidelines as detailed under the Data Protection Act, 1998 and Privacy and Electronic Communication Regulations, 2003. A copy of our Due Diligence documentation is available upon request.
- Intermedia Global Ltd is a member of the DMA (UK) and adheres to the DMA code of practice.
- No warranties will be given directly by Intermedia Global Postal delivery / (Gone-aways), Telephone number quality and Email delivery (Hard bounce/Invalid) Any warranties offered by data owners/suppliers will be passed along to End users.
Data Misuse and disputes
- List owners do add security seeds to their data and they will appear within the data that is supplied enabling them to track correct use and in the unlikely case of misuse.
- In the event of proven unauthorised use of the list supplied (outside of the agreed terms on the order confirmation) or without prior agreement, we (Intermedia Global Ltd) reserve the right to charge the user of the data for each use of the list together with any additional costs incurred by us, including legal costs and any charges from our suppliers and in line with each list owner’s terms and conditions. Any dispute arising from misuse of data will be investigated thoroughly and the conclusion of the dispute must be documented in writing within 7 days from when the dispute arose. All disputes must be concluded within 10 days of the original dispute date.
- The Organisation that enters into contract with Intermedia Global Ltd is responsible for the payment of all agreed charges on behalf of the data user as stated on the purchase order confirmation and related invoice (s). Prepayment is required on the first order for all new clients (unless otherwise agreed). Credit terms can be applied for and all subsequent orders are to be strictly paid within 30 days of our invoice date, unless otherwise agreed (subject to credit terms being granted).
- In the event of late payment, Intermedia Global have the right to charge interest on the amount outstanding at a rate of 2% over the Natwest bank base rate per month from the due date until the payment is made.
- Disputes on invoices will be dealt with within 5 working days of the highlighted dispute date, and the contracted organisation may not offset payment due against any invoice due in dispute or against any other invoice.
Email validation terms (Free scan)
- We will offer a free scan of any email data base that is uploaded to our website via secure file transfer or directly by Intermedia Global. The validation grading report is based on 10% of the uploaded gross volume (up to a max of 10,000) Uploaded data will be automatically deleted after 30 days unless otherwise agreed in writing.
- These terms and conditions shall be governed by and constructed in accordance with English Law. The organisation that contracts to Intermedia Global Ltd submits to the jurisdiction of the English Courts.
These Terms and Conditions apply to all products and services promoted and sold under the Intermedia Global Ltd trading name.
Terms and Conditions effective of 1st November 2016