PostcodeLite End User License Agreement
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By opening an account with PostcodeLite You are entering into a legally
binding contract with Comtek Accounts Limited, whose registered address
is Venture House Venture Court,
Boleness Rd., Wisbech, Cambs, PE13 2XQ. This contract is subject to the
terms and conditions below.
We would advise that You print off and retain a copy of this Agreement
for your future reference. |
1. Definitions
In this Agreement the following words and expressions shall have the following
meanings:
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AccountID |
is a unique code which is based on the e-mail address of the Customer .
The Customer may request a change of AccountID at any time.
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Application Definitions
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Definitions used by the Software to interface to third party
applications. |
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Bulk Data Hygiene |
Means the cleaning of multiple Data Records in one operation. |
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Customers Account |
a means of viewing Customer details and managing the account from the
Website. |
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Customer |
A person (whether an individual, a company, a partnership or other
entity) who installs the Software to a computer and/or purchases a
License to access the Lookup Service. |
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Contract |
is this Agreement. |
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Credit |
is the entitlement of the Customer to download one Delivery Point from
the Lookup Service. |
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Credit Pack |
a package of multiple Credits valid for a License Period, which is pre
purchased from the Provider via the Website . |
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Data |
means the database known as PAF, and/or PostZon and/or Alias. |
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Database |
the database of Delivery Point information used by the Provider to
provide the Lookup Service. |
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Data Capture |
means the use of the Data or a Product or Service to generate a Record. |
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Data Hygiene |
means any activity which involves the processing of existing Records in
a collection of data, held or capable of being held in a computer memory
using the data or a Product or Service and includes:
1.
the verification of a record as being the same as the entry in the data;
2.
the amendment of a record to correct the address so that it contains the
same information as the entry on the Data;
3.
the standardisation of a record into a “PAF format”
4.
the flagging or marking of a Record as being the same as the data;
5.
adding further information derived from the Data to a Record; and
6.
extracting duplicate Records; |
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Delivery Point |
an address, postcode or other information contained within the database
and supplied to You as part of the Lookup Service.
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Delivery Point Query |
the Customer’s request for a Delivery Point from the Database.
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Data Key |
a sequence of numbers used to identify the AccountID when allowing
access to the Lookup Service. |
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PAF |
means the database, or any part of it, known as “Postcode Address File”
containing all known address and postcode information in the United
Kingdom as may be amended from time to time.
‘PAF’ is a registered trade mark of the Royal Mail. |
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Password |
a combination of characters selected by the Customer to verify Your
identity. |
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Per Click |
means a mechanism to count the number of Transactions. |
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Postcode |
an alphanumeric sequence which uniquely identifies one or more addresses
and assigned by the Royal Mail Group plc (“Royal Mail”).
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Product |
means any software or services to give access to the Lookup Service. |
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Provider |
Comtek Accounts Limited trading as Postcode Lite.
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Price List |
list of charges and payment methods for the Lookup Service, as detailed
on the Website. |
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Internal Use Per Click package |
Means a Product whereby the User accesses the PAF data by way of limited
number of Delivery Points for Internal use only. |
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Internal
License |
a license to be used for Internal Use. |
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Internal Use |
means used within an organisation for capturing address information for
the purpose of populating a database or to send/provide Goods/Services. |
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License
Period |
the period for which a Credit Pack/License is valid, as detailed on the
Website. |
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License |
means the license granted subject to the terms and conditions of this
agreement and a generic term to cover Credit Pack, User License, Multi
System License and System License. |
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Lookup Service |
the processing of Delivery Point Queries which result in one or more
Delivery Points being made available to You.
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Reasonable Use |
means use of the system which is not abnormally excessive to effect the
performance of other users. |
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Record |
means an individual entry in or to be made in a collection of data
containing a Delivery Point or details of part of a Delivery Point.
A Record may also contain business or consumer name. |
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Reseller |
a company who resells the lookup service/software to an end customer. |
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Reseller Account |
a means of viewing Reseller details and managing the account from the
Website. This also
allows the reseller to manage customer accounts. |
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Multi System License |
an individual legal entity trading under one name, which has unlimited
user access to the Lookup Service. |
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Service Recipients |
means a recipient of products or services from the end Customer, whether
a fee-paying customer or otherwise. For the avoidance of doubt, such
recipient must be a third party and not a representative of the Customer
itself. |
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Service |
means any service, in connection with the Data. |
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Software |
the computer programs, macros, scripts & data downloaded from the
Website, which enable You to access or use the Lookup Service.
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System License |
an individual legal entity trading under one name, which has up to 102
users. |
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User |
a person/individual authorized by a Customer to use the Lookup Service
through the Customer’s Account.
Each user is a individual workstation, terminal, handheld device
or similar device. |
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User ID |
a means of identifying a user of the system using computer name. |
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User License |
a license for one or an agreed number of user/users of the lookup
service. |
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Website |
the Provider’s website at www. PostcodeLite.com from which the Provider
will provide the Lookup Service. |
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Web "Popup" Postcode Lookup |
a small script that when added to a web site, offers a Postcode search
facility, with address selection. |
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Web License |
a license to be used for Web Use. |
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Web Use |
means used on a web site to capture/amend the service recipients
address, on the customers web page, to provide services or goods. |
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You (and Your) |
a Customer or User of the Lookup Service. |
2. The Service
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2.1 |
Once the Customer registration has been submitted to and accepted by the
Provider, the Customer will be given 30 days to trial the Lookup
Service, with no charge.
During this period the Provider may restrict the Customer to a
subset of the Database comprising a single Postcode District.
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2.2 |
The Service is provided solely for Your own use under the terms set out
in section 11.2 of this Agreement. You are explicitly prohibited from
copying, reproducing, publishing, selling, leasing, lending, extracting,
reutilizing or otherwise parting with possession or control of, or
relaying or disseminating Delivery Points. You are also prohibited from
marketing or otherwise distributing the Lookup Service and/or Software
without the explicit written permission of the Provider.
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2.3 |
The Customer hereby acknowledges that it will be liable to and will
indemnify the Provider for any loss the Provider suffers arising from a
breach of section 2.2. whether caused by the Reseller, Customer or a
User |
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2.4 |
The Provider reserves the right to vary the technical specifications and
interfaces of the Lookup Service at anytime, or change AccountID, Data
Keys or Passwords, giving the Customer/Reseller as much notice as is
practically possible, if it will seriously affect the functionality of
the Lookup Service and/or Software. |
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2.5
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The Provider reserves the right to check the identity (IP address or
URL) of the Customer or User which is using the Lookup Service, to
determine that the Lookup Service is being used in accordance with this
Agreement. |
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2.6 |
It is the Customers responsibility to receive e-mail based on the
AccountID, especially with regard to section 4.6. |
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2.7 |
The Provider reserves the right to terminate any evaluation of the
Lookup Service without notice |
3. The Software
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3.1 |
All rights including intellectual property rights in the Software and
the Website belong to the Provider. |
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3.2 |
The Customer may download the Software from the Website and copy it to
the extent necessary for the Customer and Users authorized by the
Customer to use the Lookup Service. |
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3.3 |
The Software may not be decompiled, modified, sub-licensed, rented, or
leased. The Customer’s license to use the Software in accordance with
Agreement is not transferable. |
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3.4 |
The Application Definitions may not be copied to use in any third party
software, and remain the intellectual property of the Provider.
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3.5 |
The Customer, when using the Postcode Lookup service via Web Service,
must make sure each user is identified by a unique computer name, in
each call to the Lookup Service if used internally.
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4. Web Use Per Click License
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4.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 4.5 in
accordance with the terms of this License Agreement.
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4.2 |
The price for the Credit Packs is set out on the Website.
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4.3 |
Each Delivery Point supplied to You will reduce the Customer’s current
active Credits Pack by 1 credit |
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4.4 |
Excessive Delivery Point Queries will result in a reduction of the
current active credits pack by 1 credit
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4.5 |
Each Credit Pack will expire after 12 months, and any unused credits
will expire. |
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4.6 |
Low Credits warnings will be sent to the AccountID, e-mail address and
is returned as part of the Lookup Service.
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4.7 |
Payment will be made within 7 days of Purchase |
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4.8 |
The Credit Pack will be put on stop if not paid for by the due date, and
will remain on stop until payment is received |
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4.9 |
Credit packs purchased shall: |
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4.9.1 |
Only use the Credit Packs for the purpose of capturing, verifying,
updating or amending Service Recipients details entered by Service
Recipients on the customers website |
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4.9.2 |
Operate and use the Credit Pack in conjunction with that Customers
website offering products and/or services to its Service Recipients; and |
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4.9.3 |
Use the Credit Packs to capture its Service Recipients address for the
purpose of dispatching a product or service that is offered on the
customers web site and not for any other purpose. |
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4.10 |
The Customer must no pass on any part of the Data obtained as a result
of using this license to any third parties. |
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5. Web Use Unlimited Per Click
License
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5.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 5.4 in
accordance with the terms of this License Agreement.
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5.2 |
The price for the Credit Packs is set out on the Website.
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5.3 |
Allows Reasonable Use unlimited access the Lookup Service. |
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5.4 |
Each License will expire after 12 months.
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5.5 |
Payment will be made within 7 days of Purchase |
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5.6 |
The Credit Pack will be put on stop if not paid for by the due date, and
will remain on stop until payment is received |
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5.7 |
Credit packs purchased shall: |
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5.7.1 |
Only use the Credit Packs for the purpose of capturing, verifying,
updating or amending Service Recipients details entered by Service
Recipients on the customers website |
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5.7.2 |
Operate and use the Credit Pack in conjunction with that Customers
website offering products and/or services to its Service Recipients; and |
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5.7.3 |
Use the Credit Packs to capture its Service Recipients address for the
purpose of dispatching a product or service that is offered on the
customers web site and not for any other purpose. |
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5.8 |
The use of this license for Bulk Data Hygiene is prohibited unless
otherwise entered into separate agreement |
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5.9 |
The Customer must no pass on any part of the Data obtained as a result
of using this license to any third parties. |
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6. Internal Use Per Click
License
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6.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 6.4 in
accordance with the terms of this License Agreement.
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6.2 |
The price for the Internal Use per click package is set out on the
Website. |
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6.3 |
Any third party software using the Lookup Service, in conjunction with a
“Internal Use Per Click package”, will provide a means of identifying
each user of the Lookup service by supplying a unique User ID with every
request for information |
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6.4 |
Each User License will expire after 12 months. |
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6.5 |
Payment will be made within 7 days of Purchase |
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6.6 |
The User License will be put on stop if not paid for by the due date,
and will remain on stop until payment is received |
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6.7 |
Allows a maximum of 500 delivery points, per year |
7. Internal Use User License
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7.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 7.5 in
accordance with the terms of this License Agreement.
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7.2 |
The price for the User Licenses is set out on the Website.
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7.3 |
Any third party software using the Lookup Service, in conjunction with a
“User License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
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7.4 |
Allows Reasonable Use unlimited access the Lookup Service. |
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7.5 |
Each User License will expire after 12 months. |
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7.6 |
Payment will be made within 7 days of Purchase |
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7.7 |
The User License will be put on stop if not paid for by the due date,
and will remain on stop until payment is received |
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7.8 |
Allows unlimited number of delivery points, per user |
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7.9 |
The use of this license for Bulk Data Hygiene is prohibited unless
otherwise entered into separate agreement |
8. Internal Use System License
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8.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 8.5 in
accordance with the terms of this License Agreement.
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8.2 |
The price for the System Licenses is set out on the Website.
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8.3 |
Any third party software using the Lookup Service, in conjunction with a
“System License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
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8.4 |
Allows Reasonable Use unlimited access the Lookup Service. |
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8.5 |
Each System License will expire after 12 months. |
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8.6 |
Payment will be made within 7 days of Purchase |
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8.7 |
The System License will be put on stop if not paid for by the due date,
and will remain on stop until payment is received |
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8.8 |
Allows unlimited number of delivery points, per user |
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8.9 |
Allows a maximum of 102 users per day, unless otherwise agreed |
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8.10 |
The use of this license for Bulk Data Hygiene is prohibited unless
otherwise entered into separate agreement |
9. Internal Use Multi System
License
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9.1 |
The Customer may use the lookup Service as provided on a non-exclusive,
non-transferable, revocable basis, for the period stated in 9.5 in
accordance with the terms of this License Agreement.
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9.2 |
The price for the Multi System Licenses is set out on the Website.
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9.3 |
Any third party software using the Lookup Service, in conjunction with a
“System License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
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9.4 |
Allows Reasonable Use unlimited access the Lookup Service. |
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9.5 |
Each System License will expire after 12 months. |
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9.6 |
Payment will be made within 7 days of Purchase |
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9.7 |
The System License will be put on stop if not paid for by the due date,
and will remain on stop until payment is received |
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9.8 |
Allows unlimited number of delivery points, per user |
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9.9 |
Allows unlimited number of users per day. |
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9.10 |
The use of this license for Bulk Data Hygiene is prohibited unless
otherwise entered into separate agreement |
10. Account History
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10.1 |
The Provider will keep records of the Customer’s usage of License,
Credits and Credit Packs, which information can be viewed by the
Customer within the Customers Account online.
The Provider’s determination of such usage shall be final and
definitive. |
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10.2 |
The information referred to in section 10.1 will be provided for a
maximum of thirteen months, or 30 days after the expiry of a Credit
Pack/License (whichever shall first occur).
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10.3 |
The Provider will keep records of the Customer’s payment for Credit
Packs, which information can be viewed by Customer within the Customers
Account online. |
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10.4 |
The information referred to in section 10.3 will be provided for a
maximum of two years. |
11. Grant of License
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11.1 |
The Customer/Reseller warrants to the Provider that the registration
information supplied is true, complete and accurate and that the
Customer has full authority to enter into this Contract.
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11.2 |
The Provider hereby grants to you the non-exclusive right for the
License Period to use the Lookup Service subject to the terms of the
Royal Mail End User License, which specifically states the Lookup
Service can be used by You
to: |
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11.2.1 |
search for individual address and/or postcode; and/or
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11.2.2 |
a point on a map |
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11.3 |
The Contract commences from the date on which the Customer/Reseller
creates an account with the Provider.
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11.4 |
These Conditions shall form the terms and conditions of the Contract,
and set out the entire agreement, and shall apply to the exclusion of
any other terms or conditions whether express or implied, including
those implied by law (insofar as their exclusion is lawful).
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12. Termination and Suspension
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12.1 |
The Provider may suspend or terminate the Contract immediately by giving
the Customer/Reseller notice if the Customer is in breach of the
Contract and fails to remedy the breach within a reasonable period of
being asked to do so or if the Customer/Reseller is in breach of clauses
2.2 or 14.2. |
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12.2 |
The Provider may terminate the Lookup Service without any cause on 30
days notice to the Customer/Reseller, and in such event, the Provider
will refund to the Customer/Reseller the value of Credits unused at the
date of termination if Web Use. |
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12.3 |
If the Provider delays in acting on any breach of the contract, then
that delay will not be considered to be a waiver of the breach.
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12.4 |
If the Provider reasonably believes that the Customer’s abnormal use of
the Lookup Service is impairing the system performance, then the
Provider may suspend the Customer’s access to the Lookup Service, until
the cause of the impairment has been resolved.
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12.5 |
The Provider may temporarily suspend the Lookup Service for emergency or
urgent operational reasons but where practical will give the Customer
advance warning of such suspension. |
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12.6 |
The User shall upon reasonable prior notice grant Royal Mail, or
Provider be given reasonable accompanied access during working hours to
its premises, accounts and records relevant to this License Agreement
for the purposes of verifying and monitoring the User’s compliance with
its obligations under this License Agreement. |
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12.7 |
No refunds will be given, unless in the pursuit of clause 12.2. |
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12.8 |
The Provider reserves the right to suspend the Lookup Service, having
given reasonable warning, if any Invoices are overdue for any other
service/software/consultancy with the Provider. |
13. Security
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13.1 |
If the Customer suspects that there has been unauthorized usage of the
Lookup Service, then the Customer may request the Provider to issue to
the Customer a new AccountID, and/or password to enable continued use of
the Lookup Service. |
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13.2 |
The Customer/Reseller shall be responsible for the safekeeping and
security of its Password and AccountID and Data Key disclosed.
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13.3 |
The Customer/Reseller shall notify the Provider immediately if it
believes that the AccountID, Data Key or Password is likely to be used
in any unauthorised way. |
14. Warranty & Liability
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14.1 |
The Provider will use reasonable endeavours to:
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14.1.1 |
Maintain the Website and Lookup Service availability 24 hours a day, 365
days a year, subject to planned maintenance and matters outside the
Provider's reasonable control. The Customer acknowledges that from time
to time events may occur which affect the availability of the Lookup
Service. |
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14.1.2 |
Apply regular updates to the Database accessed by the Lookup Service.
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14.1.3 |
Regularly check the Software and Website with the latest anti-virus
checking Software. |
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14.2 |
The Customer/Reseller will at all times use the Service in a moral,
proper, legal way. |
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14.3 |
The Provider shall not be liable to the Customer/Reseller in contract,
tort or otherwise and including liability for negligence for:
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14.3.1 |
The accuracy of data contained in the Database.
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14.3.2 |
Any loss of profits, loss of contracts or business, loss of goodwill,
wasted expenditure and/ or any indirect or consequential (including
economic) loss of any kind, which the Customer/Reseller may suffer by
reason of any act, or omission of the Provider.
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14.3.3 |
Any loss or damage, which the Customer/Reseller may suffer which is
greater than the price paid by the Customer/Reseller for the
License/Credit Pack active at the time that such loss or damage occurs
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14.3.4 |
Any failure by providers of telecommunication, equipment or Internet
services to provide a service sufficient for the complete downloading of
the Software or the operation of the Lookup Service.
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14.3.5 |
The use of the Software or the Service with any third party software
other than that specified by the Provider on the Website.
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14.3.6 |
Provided that nothing shall exclude the Provider’s non-excludable
liability in respect of death or personal injury caused by the
negligence of the Provider or affect the statutory rights of a Customer
dealing as a consumer. |
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14.4
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The Provider warrants that it has the right to provide access to the
Database and to provide the Lookup Service to the Customer. As far as it
is aware, the use of the Software or the Lookup Service by the Customer
will not infringe any third party Intellectual property rights
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14.5 |
In the event of breach of this Contract by the Provider, the remedies of
the Customer shall be limited to damages. Under no circumstances shall
the liability of the Provider exceed the value of the Customer’s Credit
Pack/License active at the time of the breach.
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15. General
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15.1 |
This agreement shall be governed by English Law and the parties hereby
irrevocably submit to the exclusive jurisdiction of the English Courts.
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15.2 |
Each and every obligation contained in these Conditions shall be treated
as a separate obligation and shall be severally enforceable
notwithstanding the non- enforceability of any other such obligation.
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15.3 |
The Provider will not be liable if it is prevented or delayed in the
performance of any of its obligations under this Agreement by acts,
events, omissions or accidents beyond its reasonable control.
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15.4 |
For the avoidance of doubt nothing in this Agreement shall confer on any
third party, any benefit or the right to enforce any provision of this
Agreement. |
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15.5 |
The Provider will notify the customer if any amendments or variations to
this agreement are made within three months of the amendments or
variations coming into affect. |
16. Reseller
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16.1 |
The Reseller may supply the Software/Service provided by the Provider,
provided it complies with section 16 |
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16.2 |
The Provider has the right to change any commission giving 28 days
notice |
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16.3 |
The resellers either opt to either: |
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16.3.1 |
Allow the Provider to invoice the end customer direct.
The reseller is then paid commission for each sale, at the end of
the calendar month, when the commission is greater than £100. |
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16.3.2 |
All sales are paid for by the reseller, at the agreed retail price less
reseller commission. |
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16.4 |
The Reseller must ensure each Customer has its own Customer account. |
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16.5 |
The Reseller must ensure that customer details, entered within the
Reseller account, are correct, |
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16.6 |
The Reseller must not claim to be a PAF registered reseller. |
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16.7 |
The Reseller must ensure the customer understands and conforms with this
agreement. |
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