Terms & Conditions

Intermedia Global Ltd 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.

 

Customers and resellers that engage with Intermedia Global all acknowledge, understand and agree with our terms and conditions.

 

 

  1. Terms and obligations

Intermedia Global are formal resellers of 3rd party marketing lists, and as such are strictly bound by the data owner pass along terms and usage conditions of each source supplied in any transaction to end users and intermediary companies.

 

  1. Definitions

 

2.1.         A Client is the company that accepts the terms of the supplier for the supply of lists, and other services. The Client uses the data for their own marketing campaigns and within the usage terms agreed in advance of any use as detailed on the order confirmation or statement of work.

2.2.         A Reseller is any company that represents end user (Client) companies and acts solely as an intermediary or as a manager of the Clients marketing and lead generation campaigns. A Reseller has no usage rights to the list, and it is the responsibility of the Reseller to ensure the end user abides by the usage terms as detailed on the order confirmation or statement of work.

2.3.         The Supplier means Intermedia Global Ltd

2.4.         Data means information, but not limited to, postal addresses, telephone numbers, email addresses and other firmographic information across any number of data fields.

 

  1. Data ownership

 

3.1.         All data supplied in any transaction remains the property of the data owner (Controller), with the exception of any engagement from companies on the list with the end user gained as a direct result of the campaign activity from that data.

3.2.         Any customers gained from the list supplied will be become owned by the Client and ownership and obligations transfer to the Client as data controller.

3.3.         The data supplied under the list agreement is for the sole use of the Client (not the Reseller). The data cannot be resold or used by any other company other than the named Client.

 

  1. Usage terms

 

4.1.         Single use

Lists are rented for one time use only (single use) unless otherwise agreed. This means that the list can be used for one use only and applied to mailing, telemarketing and email use. The list must be used on the date or time frame agreed and recorded on the order confirmation.

Upon completion all data must be deleted from all systems.

 

4.2.         12 Month Licence

A 12-month licence of data means that the data will be supplied for a period of 12 months and commence on the date the data is supplied or as detailed on the order confirmation (the commencement date). Any specific data owner terms that are different to below will be highlighted in advance in the order confirmation otherwise the terms are as below:

 

  • Email usage is restricted to 12 uses across the 12m licence term (maximum 4 uses per month)
  • Postal usage is unlimited
  • Telephone use may be permitted until contact is made and a level of interest or engagement is made and in accordance with TPS and CTPS obligations.

 

  1. Termination and licence renewal

 

5.1.         The 12-month licence termination date is detailed on the order confirmation (the termination date).

5.2.         No usage is permitted after the termination date and it is the responsibility of the end user of the data and or the intermediary who transacted with Intermedia Global on the 12 month licence, to ensure that all data is removed from any systems on or before that termination date.

5.3.         Intermedia Global must be informed in writing that data taken on the 12-month licence is terminated and deleted from all systems. This applies to the end user and also the intermediary on their behalf. The original order number, the data source and termination date must be stated on the written confirmation

5.4.         A 12m licence may be renewed if requested and approval is given by Intermedia Global with the data owner’s permission. Any data licence renewal must be requested in writing prior to the termination date. There is no automatic renewal of a 12-month licence and all renewals will be subject to the latest commercial and usage terms and conditions of the data source that was originally licenced.

5.5.         Intermedia Global will send a reminder in advance of the termination date to the end user or the intermediary company that represents them.

 

  1. Proof of intended use

 

6.1.         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 Reseller companies on behalf of an end user company, the end user (Client) company must be divulged at the time of order.

6.2.         Data is not permitted to be used by and end users across multiple brands unless divulged in advance and agreed in advance. Any other use will be deemed as misuse.

 

  1. Commercials

 

7.1.         All details of the work to be carried out and the commercials on each transaction will be detailed on relevant statements of works, order confirmations and purchase orders.

7.2.         Resellers who are current members of the DMA (Direct Marketing Association) are at our discretion, entitled to commission from the base list rental charge of a list (excluding selections and delivery charges). All other commissions and discounts are at our discretion.

7.3.         Base rental costs are exclusive of selection charges, processing costs, delivery and VAT.  Applicable for each relevant country.

 

  1. Net names agreements

 

Net names is a way of compensating for paying for records present on lists supplied that may already be present within the end users customer database. For example, 85% net names means that 15% of the records are predicted to overlap with existing data.

 

8.1.         Pending sufficient evidence, Net name agreements may be agreed in exceptional cases where an existing client database may overlap with a rented data source we may supply.  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).

 

  1. Agreements authorisation

 

9.1.         No data will be released without our order confirmation or statement of work being signed by an authorised officer in an end user (Client) or Reseller company and returned to Intermedia Global Ltd.

 

  1. Order change policy

 

10.1.       If an order has been processed to the original order confirmation that has been approved and it is requested to be changed by the Reseller or Client, then we reserve the right to charge for relevant change fees. These will be quoted and agreed before changes are made and data is redelivered.

 

  1. Changes and cancellations

 

11.1.       After order confirmations have been approved, signed 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 when a client or reseller requests a change to the original order or wishes to cancel part or all of the order, we will but without any guarantee, negotiate on your behalf with data owners and pass on any reductions in charges in line with data owners 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.

 

  1. Quality and warranties

 

12.1.       Data continually changes, and all clients and resellers that transact with Intermedia Global accept a level of accuracy tolerance that differs per source and media channel, and which will be clearly outlined on each order confirmation or statement of work. Intermedia Global are committed to resolving all reported quality matters that are substantiated with proof and will endeavour to resolve matters amicably and reserve the right to replace the records above agreed tolerances deemed to be undeliverable or out of criteria. Intermedia Global must be notified in writing of any issues within 48 hrs days of data supply or in line with specific data owners’ terms.

12.2.       Any mailing 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.

12.3.       No guarantee is given for the suitability or response rate of a list for particular purposes by the Client.

12.4        All lists must be checked by the Reseller, Bureau or the Client prior to data use. Any discrepancies should be notified to Intermedia Global Ltd within 48 hours from receipt of data.

12.5.       All disputes must be resolved prior to using the data and any resupply of data will result in additional processing charges (unless proven that it is the fault of the list owner).

12.6.       No warranties will be given directly by Intermedia Global regarding 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 Clients or through the Reseller companies that represent them and documented on the statement of works or Order confirmation. For the purposes of the Email undeliverable thresh hold up to 10% of emails supplied against a single order may be deemed as hard bounces. This is a minimum acceptable thresh hold and may differ between data sources. Email deliverability can be affected by the email deployment delivery platform used and Intermedia Global takes no responsibility for such discrepancies caused by these email deployment platforms.

 

  1. Limit of Liabilities

 

13.1       Intermedia Global Ltd shall under no circumstances be liable to the Reseller or Client 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.

13.2.       Intermedia Global shall not be penalised for late delivery and any clauses would be detailed in statement of works and order confirmations.

13.3.      If requested and detailed in writing as part of the agreement, all suppressions for MPS, TPS, FPS, CTPS will be made at the list source prior to delivery of data as requested on order confirmations or statements of work. These instructions must be clear to Intermedia Global at the point of order. Thereafter the end 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 Client or their representative processor company. Intermedia Global holds no responsibility for a mailer or bureau (direct or intermediary involved) for failing to comply with the relevant preference services.

 

  1. General

 

14.1        By complying with Intermedia Global’s Terms & Conditions, the Reseller and or Client is permitted to use the list(s) supplied for the sole purpose agreed as detailed on the order confirmation or otherwise in writing.

14.2.       These terms and conditions supersede all 3rd party terms and conditions, unless prior agreement has been approved in writing by Intermedia Global Ltd.

 

  1. GDPR

 

15.1.        On behalf of pass along terms with the data owner, Intermedia Global warrant that all data supplied to the Client direct or via the Reseller to fulfil this campaign, has undergone all reasonable measures to ensure it has been sourced and supplied in accordance with compliance with the Data Protection Act 2018, PECR regulations 2003 and to the GDPR as of 25th May 2018.

15.2.       The Client warrants that they will act in accordance with the GDPR, the UK Data Protection Act 2018, PECR regulation 2003, and that the Client and any appointed data processing bureau partners and any other parties that will handle the data on their behalf to carry out necessary business processes, handling, transmission and storage of the data, both internally with the Client and its various office locations, and externally with any contracted Data Processors, will be in accordance with GDPR legislation and the UK Data Protection Act 2018 and PECR regulations 2003.

15.3.      The Client confirms it has all appropriate technical and organisational measures to ensure data is not processed unlawfully or without authority and is protected from accidental loss, destruction or damage.

15.4. Any changes to how the data is being used from the outset of the agreement, must be notified to Intermedia Global, and agreed in advance before implementation. Failure to do so will result in withdrawal of the data until all parties conclude any usage term disputes.

15.5        In the cases where Email data is supplied to facilitate email marketing campaigns, the client must ensure that the recipient is given a means to opt out of receiving further communications from that company.

15.6.       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 and 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 offers assurances to Intermediaries and end users of the data that all data delivered satisfies current consent guidelines as detailed under the Data Protection Act, 1998 and Privacy and Electronic Communication Regulations, 2003. And the GDPR as of 25th May 2018.

15.7.       Intermedia Global Ltd is an active member of the DMA (UK) and adheres to the DMA code of practice.

 

  1. Data Misuse and disputes

 

16.1         Data can only be used in conjunction with the specific data source usage terms and these general terms and conditions any deviation will be classed as misuse.

16.2.      List owners and Intermedia Global ensure that data supplied is protected via security seeds that are added to the data supplied, enabling the tracking of correct use and to identify the unlikely case of any misuse.

16.3.        In the event of proven unauthorised use of the list supplied (outside of the agreed terms on the order confirmation or statement of work) or without prior agreement, we (Intermedia Global Ltd) reserve the right to charge the end user or intermediary that represents the end user of the data for each use of the list at a minimum penalty of minimum of £1000/000 or replicate the data owners penalty (whichever is the greater), together with any additional costs incurred by Intermedia Global Ltd, including legal costs and any charges from our suppliers and in line with each list owner’s terms and conditions.

16.4.        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.

 

  1. Payment terms

 

17.1.       The Organisation that enters into contract with Intermedia Global Ltd is responsible for the payment of all agreed charges which applies to Resellers and Clients as stated on the purchase order confirmation and related invoice(s).

17.2.       Prepayment is required on the first order for all new clients (unless otherwise agreed).

17.3.       Prior to any order being placed, the person responsible for the payment of the invoices in the company must be identified in writing and any other payment processes outside of our normal trading terms must be identified in advance of data delivery.

17.4.       Credit terms can be applied for companies that regularly order but is not guaranteed and to any level of credit and can be withdrawn at any time. Credit will be withdrawn if any late payments are made.

17.5.       Unless otherwise agreed, payments will be made within 30 days of our invoice date, (subject to credit terms being granted).

17.6.      In the event of late payment, Intermedia Global reserve 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. All fees to recoup late payments will be added to the relevant invoices due.

17.7.       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.

Companies that make late payments will lose their credit facility and will need to re-apply for credit, which will be granted subject to credit checks and warranties.

 

 

  1. E-validate

 

18.1        Email validation terms

We will offer a free scan of any email database 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.

 

 

  1. Other Services

 

Other services offered by Intermedia Global such as Lead Generation, Data analysis, Data Enhancement, Data Cleaning, Data Processing, are also covered under the terms and conditions and will have specific Terms detailed on the Statement of works or Order confirmation

 

  1. English Law

 

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 August 2019