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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