Terms & Conditions
Intermedia Global Terms & Conditions
Any commercial undertaking between Intermedia Global Ltd and any third party is subject to Intermedia Global Ltdís Terms and Conditions as stated below.
Lists are rented for one time use only unless otherwise agreed.
2. A 12 month lease of data means that the data will be supplied for a period of 12 months for unlimited use (unless otherwise stated). Any further use after that time must be agreed under a separate contract with Intermedia Global Ltd. Unless otherwise agreed the data must be deleted from the clients system or third party organisation that hold the data on the clients behalf. Any customers gained from the list supplied become owned by the end user.
3. A sample or indicative mail piece, telemarketing script or email copy (HTML), must be supplied prior to data being released for rental. We (Intermedia Global Ltd) reserve the right to refuse supply of data if a sample mail piece is not provided.
4. All lists supplied contain a number of security seed names in the output file to detect misuse of data supplied.
5. In the event of unauthorised use of the list supplied (outside of the agreed terms on the order confirmation) or without prior agreement, we (Intermedia Global Ltd) reserve the right to charge the user of the data for each use of the list together with any additional costs incurred by us, including legal costs and any charges from our suppliers. 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 30 days of the original dispute date.
6. The Organisation that enters into contract with Intermedia Global Ltd is responsible for the payment of all agreed charges on behalf of the data user as stated on the purchase order confirmation. Prepayment is required on the first order for all new clients (unless otherwise agreed). All subsequent orders are to be strictly paid within 30 days of invoice date unless otherwise agreed (subject to credit terms being granted).
7. List Brokers / Agencies who are members of the DMA (Direct Marketing Association) are entitled to commission from the base list rental charge (excluding selections and delivery charges).
8. Base rental costs are exclusive of selection charges, processing costs, delivery and VAT. All of these additional costs will be outlined on our list rental data cards and on the Purchase order confirmation.
9. In the event of late payment, Intermedia Global may 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.
10. 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.
11. The mailerís name and a campaign brief will be required for all orders placed by a broker/agency on behalf of the mailer.
12. 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 30 days of mailing.
13. After order confirmations have been approved and received by Intermedia Global Ltd and when data has been delivered to the client or data processing bureau, 100% of the charges will apply on all orders. However we will negotiate on your behalf with suppliers and pass on any reductions in charges in line with suppliers individual cancellation policies.
14. Any Gone-aways (as defined by the Royal Mail), telephone or email quality issues reported, will not automatically be credited by Intermedia Global Ltd, but will be investigated with the List Owner concerned and in line with any pre-agreed quality standards as detailed in the Order confirmation and list owner terms and conditions.
15. No data will be released for rental prior to our order confirmation being signed and returned to Intermedia Global Ltd.
16. No guarantee is given for the suitability or response rate of a list for particular purposes by the mailer.
17. Intermedia Global Ltd is a member of the DMA (UK) and adheres to the DMA code of practice.
18. All lists must be checked by the List Broker/Agency, Bureau or the Mailer prior to mailing. Any discrepancies should be notified to Intermedia Global Ltd within 48 hours from receipt of data. All disputes must be resolved prior to mail date and any resupply of data will result in additional processing charges (unless proven that it is the fault of the list owner).
19. By complying with Intermedia Globalís Terms & Conditions, the List Broker/Agency/Mailer is permitted to use the list(s) supplied for the sole purpose agreed as detailed on the order confirmation.
20. Data will only be delivered to DMA approved data processing organisations or mailing houses, unless prior agreement has been made. Data that is to be viewed and processed by the end user will require permission and that must be made known at the point of order.
21. Intermedia Global Ltd shall under no circumstances be liable to the list Broker/Agency or mailer 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) supplied.
22. The user of the data has the responsibility for ensuring all mailing files are suppressed against all the preference services, including MPS, TPS, FPS, CTPS, and any other relevant services. Intermedia Global holds no responsibility for a mailer or bureau failing to suppress a mailing file against the relevant preference services.
23. These terms and conditions supersede all 3rd party terms and conditions, unless prior agreement has been approved in writing by Intermedia Global Ltd.
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.
Terms and Conditions effective of 26th July 2013.