Terms & Conditions - britsurvey.co.uk

The terms and conditions outlined herein pertain to an agreement between the Client and the Company. Any future requests made by the Client for Services, Data, and Leads, received by the Company at regular intervals, must be formalized in written format. It’s important to note that when the Client communicates a request to the Company for the provision of Services, Data, and/or leads, it signifies their acceptance of these terms and conditions. These terms shall hold precedence over any terms and conditions put forth by the Client, whether attached to, included with, or referenced in any purchase order from the Client or elsewhere. They can only be modified through written agreement between the Company and the Client. The Company will exercise reasonable care and expertise in delivering the requested Services, Data, Leads, and any other discussed requirements to the Client.

In these Terms and Conditions and the Confirmation of Order, unless the context dictates otherwise, the following definitions shall apply:

• ‘Company’ refers to Leadora Limited.
• ‘Client’ or ‘Buyer’ designates the individual, entity, or company entering into an agreement with Leadora Limited as the purchaser of data or services.
• ‘Contract’ or ‘Confirmation of Order’ denotes the contract signed by the Client and submitted to Leadora Limited for the delivery of required Services or Data.
• ‘Survey’ signifies the consumer polling activity conducted by or in partnership with Leadora Limited, encompassing core and product-specific inquiries.
• ‘The Product questions’ are the questions within the Survey pertaining to the Buyer’s product category, sub-category, or question criteria specified in the Sales Order.
• ‘The Core Questions’ refer to lifestyle questions formulated by Leadora Limited and integrated into the Survey, with details available upon request.
• ‘Responses’ indicate a single data record provided (or to be provided) by Leadora Limited to the Buyer, containing one individual’s answers to the Product Questions, along with their name, postal address, telephone number, or other information as specified in the Sales Order.
• ‘Services or Leads’ encompass data sourced from Leadora Limited’s proprietary databases and collected through survey activities (offline or online) as described in the Order Confirmation. This includes a copy of the responses to the Product Questions and Core Questions, either in paper or digital form.
• ‘Data type’ distinguishes between ‘First Usage’ (responses not previously sold by the Company), ‘Second Usage’ (data meeting the Buyer’s Question Criteria not sold more than once), and ‘List Rental’ (data meeting the Buyer’s Question Criteria and possibly sold multiple times).
• ‘Delivery Date’ marks the date when the Data is or will be delivered to the Buyer, whether as a whole or in installments.
• ‘Order quantity’ is Leadora Limited’s estimate of the number of responses to the product questions comprising the Data.
• ‘Rights’ cover all copyrights, related rights, patents, trademark rights, database rights, and other intellectual property rights pertaining to the Services or Leads Generation.
• ‘Output’ corresponds to the delivery of Services or Leads as specified in the Order Confirmation.
• ‘End User’ represents the entity that will use the Data for sales and marketing purposes, while ‘Reseller’ indicates that the Buyer is purchasing the Data for resale to an End User.
• ‘Fee’ refers to the payment made by the Buyer to Leadora Limited for the services and data provided under this agreement, calculated in accordance with the clauses below.

1.0 Agreement

This constitutes the comprehensive agreement between the parties regarding the subject matter herein and supersedes all previous representations, communications, and agreements between them on this matter. Each party acknowledges that they have accepted this Contract/Order Confirmation solely based on the representations, warranties, promises, and terms explicitly stated in these terms and conditions. Unless made fraudulently, neither party shall be liable for any other representation, warranty, or promise not expressly set out in these terms and conditions.

2.0 Company’s Role

The Company, as stated in this Contract/Order Confirmation, acts as a principal and not as an agent for the Client. All related Contract/Order Confirmations are entered into by the Company as a principal. Both parties are bound not to disclose any confidential information shared during this Contract or any pre-Contract discussions, except for information already in the public domain, as this would be considered a breach of this clause or any other confidentiality obligations. By signing the Order Confirmation, the Client agrees to be bound by the terms of this Agreement, regardless of whether the output Data is utilized by the Client.

3.0 Proprietary and Intellectual Property Rights

3.1 The ownership, copyright, and database rights (as well as all other intellectual property rights) in the Data, the Survey, and the Product Questions will always remain with or be vested in Leadora Limited. The Company retains the right to license the Data and supply it to other parties.
3.2 In the event that the Buyer becomes aware of any unauthorized use of any part of the Data, they must promptly notify Leadora Limited in writing.

4.0 License

4.1 The licensing period for this agreement begins on the effective date and continues unless either party provides a written notice of termination, with a minimum of 2 days’ notice. Termination can occur under specific circumstances: (i) when the contract/order is completed and accepted, (ii) after one year from the Agreement’s date, or (iii) if either party becomes incapacitated, bankrupt, insolvent, or convicted of a serious offence.

4.2 The license terms for using Landline Telephone or Mobile Telephone Contact Channels enable the End User to make a single contact via telephone or email to individuals whose contact details are provided. Data protection regulations adhere to GDPR guidelines. For comprehensive information, please refer to our privacy policies. It’s essential to note that the processing of personal data for direct marketing purposes is considered a legitimate interest.

4.3 The End User License terminates immediately upon the Data being used to the extent specified in the license. The Client acknowledges that the data is being licensed as a rental for a maximum of 30 days or for a one-time use. The Client also acknowledges that the data may include inaccuracies, such as deceased or incorrect numbers and bounced-back emails or SMS.

4.4 In consideration of the Fee and subject to clauses 3.1 and 8, The Company grants the Buyer a License in accordance with these terms and conditions.

4.5 As an End User, the Buyer is entitled to use, but not copy, alter, manipulate, adapt, or license others to use the part of the Data derived from responses to the Product Questions and/or the Core Questions. This usage should align with the specifications outlined in The Confirmation of Order, within the scope of one specific direct marketing campaign, for a maximum duration of twenty weeks. In the case of the Buyer operating as a Reseller, the Buyer may license one End User under these terms and conditions. For clarity, the Buyer can resell the Data to one End User, provided that the End User has the right to use, but not copy, alter, manipulate, or adapt that portion of the Data as specified in The Confirmation of Order for a specific direct marketing campaign, for a maximum period of twenty weeks.

4.6 The Company retains the right to analyze the part of the Data derived from responses to the Product Questions, draw conclusions from such analysis, and extract information. This information, including the conclusions, may be used at the Company’s discretion by granting licenses to third parties or for other purposes. However, this provision does not permit the Company to disclose to any third party the responses exclusively related to the Buyer’s business.

4.7 The Buyer’s right to use the portion of the Data derived from responses to the Product Questions is non-exclusive. The Company will deliver the data following the instructions outlined in the Data Delivery section of the Confirmation of Order.

5.0 Responsibilities of the Company

5.1 The Company will deliver the Data to the address specified in accordance with the Confirmation of Order.

5.2 The Company reserves the right to deliver the Data in installments on various dates (“Delivery Dates”).

5.3 The Company’s obligation to provide replacement data is limited to cases where invalid records constitute 10% or more of the volume of the Data supplied.

5.4 In the event of disputes or complaints regarding the supplied Data, the Company will replace elements of Data that do not conform to The Confirmation of Order, subject to the following:

5.4.1.1 For ‘First Usage’ Data collected via telephonic surveys, the Buyer must return all disputed data for investigation to the Company within 14 days of the Delivery Date, or as otherwise specified in The Confirmation of Order.
5.4.1.2 The Company reserves the right to provide replacement Data until a dispute is validated in accordance with its internal procedures and compliance criteria.
5.4.1.3 If a dispute concerns the conduct or content of a Survey for ‘First Usage’ data, and the Buyer requests call recordings, the Buyer must pay for these recordings in advance at a cost of £5 plus VAT per recording. The provided recording(s) will only contain information relevant to the Buyer’s Product Questions. Please note that voice files are only available for ‘First Usage’ data up to 6 months after delivery.

5.5 The Company will make reasonable efforts to maintain the confidentiality of the part of the Data containing the Product Questions.

5.6 The Company is not obligated to provide refunds in cases of non-delivery due to issues with the client’s email provider or their own mail server. If a non-delivery issue arises, the client is advised to contact the Company for assistance. Claims for non-delivery must be submitted to the Billing department in writing within 7 days from the order placement date.

6.0 Obligations of the Buyer

6.1 The Buyer commits to using the Data solely for the internal business purposes of the End User. The Data should only be used as a reference source for circulation by mail, telephone, or electronic mail to some or all of the individuals listed in the Data.

6.2 The Buyer assures the Company that any documents or items sent as a result of using the Data will consistently adhere to the current British Code of Advertising Practice, the British Code of Sales Promotion Practice, and the ICSTIS Code. These documents should not infringe copyright or any other rights of third parties, and must not contain defamatory, obscene, indecent, or otherwise illegal or unlawful content, regardless of whether such a claim is justified or upheld. The Buyer further agrees to supply copies of such documents or items upon the Company’s request.

6.3 If any recipient of the Buyer’s mailed documents objects to the mailing, requests its cessation, or asks for their name to be removed from any list, the Buyer will ensure that the mailing ceases promptly. The Buyer must also inform the Company and provide quarterly particulars of documents and items mailed to that recipient, along with the name and address to which they were sent.

6.4 The Buyer undertakes to deliver to the Company any notice or communication received from the Data Protection Registrar regarding the Data.

6.5 The Buyer pledges to comply with the provisions of the Data Protection Act 1984 concerning the use and storage of the data at all times.

6.6 The Buyer warrants the correctness and completeness of the Question Criteria supplied.

6.7 The Buyer must provide the Question Criteria to the Company at least 7 days before the proposed delivery date. In case of the Buyer’s failure to do so, the Company reserves the right to recover any additional costs incurred.

6.8 The Buyer must allow the Company to include a small percentage of seed and dummy data subject details in the Data for control purposes.

6.9 The Buyer, along with its servants and agents, must keep all information regarding the Company’s business obtained or received as a result of this Agreement confidential.

6.10 The Buyer must follow the provisions of clause 5.4 regarding any complaints or disputes arising from the supplied Data.

6.11 In the event of any notices received related to breaches of the provisions in clause 6, the Buyer agrees to provide them to the Company and to indemnify and hold the Company harmless from any losses and costs, including reasonable legal costs, incurred as a result.

6.12 In regulated and/or licensed market sectors, the Buyer confirms its compliance with regulations and licenses for those market sectors. The Buyer authorizes and covers the Company as a legal representative to perform the duties outlined in The Confirmation of Order. In case of any financial loss incurred by the Company due to performing these duties in a regulated or licensed market sector, the Buyer agrees to fully indemnify and compensate the Company.

6.13 The End User agrees to use any purchased data/leads appropriately for direct marketing via Telephone, Postal, SMS, or Email, unless otherwise agreed in the order confirmation. All data provided by the Company will have full consent to be contacted through “Legitimate Interest.”

6.14 The client acknowledges that the data should never be sold to parties without the Company’s consent, as the Company includes seed data in the lists to prevent such practices. If it is proven that the data has been collected and resold, the client may be liable to pay compensation up to £15,000, and the Company will report the matter to the ICO.

6.15 The Buyer agrees that the Company may adjust age groups given in the survey to align with the Buyer’s specific age groups when necessary.

7.0 Delivery

7.1 The Client must promptly inspect and verify the Data and/or Leads upon delivery. Any alleged defects must be reported to the Company in writing or via email within 2 working days from the delivery date, along with details of the alleged defect.

7.2 Failing to provide such notice will deem the goods as fit and in accordance with the Order Confirmation/Contract. The Company will allow ‘Returns’ in accordance with the terms agreed upon by the Company for weekly batch delivery of Service/Data and/or Leads.

8.0 Payment and Compensation

8.1 In exchange for the Company’s provision of Services/Data and Leads, the Client shall pay the Cost as per the contract terms.

8.2 The payment should not include VAT, which will be charged at the prevailing rate.

8.3 The payment will be based on the quantity of Data supplied and charged as specified in The Confirmation of Order, or as a fixed fee as referenced in The Confirmation of Order.

8.4 If the Fee is a fixed fee:

8.4.1 The Company will request payment based on the delivered order quantity as agreed in the Confirmation of Order.
8.4.2 The Company may offer additional Data to the Buyer at a pro-rata rate, calculated with reference to the Order Quantity and the flat fee.
8.4.3 The Company may offer any additional Data to its customers, which the Buyer declines to accept, on terms determined by the Company.

8.5 If the Company agrees to supply the Data for duplication against other data held by the Buyer, and a proportion of the price reflecting the net names actually used (“Net Names Agreement”) is in place, any claim for credit for the unused proportion of Data:

8.5.1 Must be made within 14 days from the date of delivery unless otherwise agreed in writing by the Company.
8.5.2 Must be supported by a written duplication report or certificate from a recognized data processing bureau or other independent agency approved in writing by the Company.

8.6 The Company reserves the right to charge interest on any overdue payment at a rate of 5% per month above the base rate of the Bank, accruing daily and compounded annually on every overdue invoice from the date of the invoice until the date of payment. The Company also reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act, 1998. Failure to pay will not result in future batches being stopped unless timely notice has been given. These future batches will still be payable within 14 days. The Company reserves the right to take legal action to recover payments for future batches as they become due.

9.0 Rejection or Cancellation

9.1 Once the Order Confirmation is approved, and Data has been supplied to the Buyer as specified in these terms and conditions, any subsequent cancellation by the Buyer will result in the Client being liable for the full Cost of the Data.

9.2 Any Leads/Data that the Client wishes to return must be returned within the allocated time of the return request with an agreement that it has not been sent to any End users.

10.0 Warranty and Limitation of Liability/Returns

10.1 Except as specifically set out herein, the Company shall not be liable for any loss suffered by the Buyer or any third party arising from the supply of the Data, regardless of the circumstances.

10.2 The Buyer acknowledges:

10.2.1 The Company has no responsibility for and provides no warranty or representation regarding the performance of the Data or its conversion rate into actual sales or payment activity. The Company is not liable for any loss of profits, business, contracts, revenues, goodwill, client reputation, or anticipated savings of any kind.
10.2.2 Data descriptions, such as “first,” “second,” or “third” usage, refer to the number of times the Company has sold the data and do not imply the exclusion of other or prior distribution of similar data by the data subject itself.
10.2.3 The Company does not guarantee the accuracy or completeness of the Data, and the Buyer is not entitled to refuse to pay any part of the Fee due to any errors or omissions. Any claim by the Buyer is limited to the Fee.
10.2.4 The Company’s employees and agents are not authorized to make oral or written representations regarding any Data Sales Order.
10.2.5 The Company is not liable for any damages or costs resulting from any breach of these Terms and Conditions, any failure by the Company to perform any obligation due to causes beyond its reasonable control, or any failure, delay, or defect in the supply or use of the Services/Data and/or Leads caused by the Client’s supply or specification of unsuitable material or content, or by the duplication of the Services/Data and/or Leads by a third party.
10.2.6 The Buyer is not entitled to institute proceedings for damages for any breach of these Terms and Conditions or arising from The Confirmation of Order.

11.0 Termination

11.1 The Company may terminate this Agreement and License by providing written notice to the Buyer if:

11.1.1 The Buyer commits a serious breach of these Terms and Conditions and fails to remedy the breach within 14 days after receiving a written request to do so from the Company.
11.1.2 At any time before the supply of the Data or the execution of the Survey, the Company serves written notice of its intention to terminate the contract without incurring any liability. All future ‘Outputs’ will be sent as agreed, and payment will be expected within 14 days.
11.1.3 The Buyer fails to make any payment due under their Contract within 14 days after the due date. If the Contract is terminated due to non-payment, the Company will seek legal action to recover these payments if not paid within the set payment terms.

11.2 The Company is not liable for any breach of this Contract caused by matters beyond its reasonable control, including acts of God, fire, explosion, war, flood, industrial disputes, unavoidable hardware or software failures, or acts of local or central Government or other authorities.

11.3 Termination of this Agreement and License does not affect the accrued rights or liabilities of either party, regardless of the reasons for termination.

12.0 Severance

In the event that any provision of these Conditions is deemed invalid or unenforceable, whether in whole or in part, the validity of the other provisions within these Conditions shall remain unaffected. The part of the provision that is questioned shall not impact the remainder of that provision.

13.0 Waiver

The Company’s rights shall not be compromised or limited by any leniency or forbearance granted by the Company to the Buyer. Any waiver by the Company concerning a breach shall not operate as a waiver for any subsequent breach.

14.0 Governing Law & Jurisdiction

Any dispute or claim arising from this Contract, or related to its subject matter, shall be governed by and interpreted in accordance with English law. Each party unconditionally submits to the non-exclusive jurisdiction of the courts of England and Wales. These terms and conditions are agreed upon and accepted concerning the attached Contract/Order Confirmation.As stated in this article, you can browse your selection of available deals on smartphones and top brands and explore the cell phone service plans that best suit your needs.