CONTRACT – TERMS AND CONDITIONS
Data Lease
1. INTRODUCTION
These Terms and Conditions of John Turner Leisure Marketing Limited (“the Supplier”) relate to every contract for the hire or purchase of direct marketing services (“the goods”) by the Purchaser (“the Client”). All contracts for work with the Supplier are undertaken on these conditions and unless otherwise agreed in writing, these conditions shall override any conditions or terms stipulated, referred or incorporated by the Client in its order or negotiations.
2. ORDERS
All orders should be placed in writing. Work will normally commence only when a written order has been received either through the post or email or when a written confirmation has been dispatched by the Supplier. A signed Order Form, will mean work will commence on your account set up immediately, and this is your commitment to pay the invoice in full, as per the payment terms.
Unless otherwise stated, or agreed, the list data will contain both Personal and Generic post-holder contact information. We define Personal as a direct prefix for the post-holder such as [first_name].[last_name]@[company].co.uk or [specific.role]@[company].co.uk such as Manager@ Secretary@. Generic addresses are defined as department based prefixes, such as info@, or admin@. The inclusion of generic addresses is based on a telephone call to verify the post-holder / decision maker can be contacted through this address.
3. COPYRIGHT
Copyright to all lists and telefiles attaches to the Supplier. No material supplied or part of it may be reproduced, copied or transmitted in any form or by any means or stored in any information storage or retrieval system nor may it be used either in whole or in part to prepare or compile other mailing lists or similar without the express written consent of the Supplier and all appropriate rights are reserved.
4. CONDITIONS OF USE
When addresses are supplied to the Client, it is on condition that they are not copied or handled by persons other than the Client’s own staff on their premises. Should lists be copied, emailed or mailed on behalf of other companies, or otherwise misused, Clients will be charged at a rate not exceeding £850 plus VAT per thousand addresses for each and every unlawful use. Decoys are contained in each list to detect illicit use.
Lists are rented on a one use hire basis. If the data is leased for unlimited use for six or twelve months then the fee is due upon the delivery of the data. As an extra cost option, the Supplier undertakes to supply the Client with a further update within the annual lease cost on dates mutually agreed, or upon demand. Lists purchased for Single Use must be contacted within 3 months of the supply. Where data is supplied, the Client will sign a declaration letter detailing intended use, confirming that the data will not be copied or passed to third parties without the Supplier’s written consent. If an agency is using the data, details need to be supplied.
The Client is not allowed to make contact more than once for single use, or multi contact beyond the six or twelve month licence unless the recipient has responded to the initial communication for single use or repeat communications in the case of a six month or annual lease. Where this occurs, the Client is permitted to retain the data and use again.
Upon expiry of the lease term, unless renewed, the Client agrees to delete all supplied data except in the instance of a recipient response, as per above.
The Client has to be based in the UK or European Economic Area to receive and process the data lists, and confirms that they will adhere to the means, content and proposed amount of communication being appropriate, relevant and not excessive. The Client will adhere to GDPR and PECR guidelines, and commits to perform, as a minimum, a Legitimate Interest Assessment to demonstrate validity before any campaign.
The Client commits to ensuring their contact information is always available and clear to the post holder, and that a clear and unambiguous opt-out or unsubscribe option is included in every communication from them.
The Client hereby warrants that any material delivered for emails or postal mailings contains nothing which may constitute an infringement of copyright or which is defamatory or obscene, and the Client undertakes to indemnify the Supplier in respect of any claims, proceedings, costs or demands that may be made against the Supplier.
5. PRICE
All quotations lapse after 30 days unless otherwise stated. Lists are supplied on the understanding that quantities may vary by +/- 5% of the quantities quoted. A corresponding adjustment in the charge will be made.
A minimum order value of £200 + VAT applies to all orders, regardless of quoted volumes.
6. VALUE ADDED TAX
Value Added Tax will be included on all invoices where relevant whether included with the quotation or not.
7. AGENTS
When Client’s Agents are placing orders with the Supplier they should be aware that they are acting as Principals within the contract. The Agent commits to declare the Client’s name prior to the supply of data so as to allow the Supplier to track appropriate usage.
8. DELIVERY
Email: The Client should ensure their email sending platform supports bulk prospect data imports, and Generic departmental prefixes, if required. The Client is responsible for their own IP sending reputation. The Supplier cannot be held responsible for the delivery rate success, and cannot guarantee response rates. The Supplier cannot be held responsible for any further limitations or actions of any 3rd party platforms.
Postal: Dates given for delivery are “best estimates” and are given in good faith. However, they are not guaranteed and time is not the essence of the contract. The Suppliers obligation to the Client to effect a mailing ends as soon as the post has been collected by the Post Office and postal documentation completed and accepted by the Post Office. The Supplier cannot be held responsible for any postal delays once the mailing has left the premises. The Supplier cannot guarantee response rates to any mailing.
9. CLIENT’S DATABASES
The Supplier will only undertake to process or retain Client’s owned databases if the Client has confirmed its own compliance and adherence to the GDPR, PECR and ICO guidelines.
10. PAYMENT TERMS
- For all first time Clients, payment is required prior to dispatch of the goods.
- Where credit facilities have been agreed, payment is due within 30 days strictly net.
- Postage payments are always required in advance of the dispatch of the mailing.
Any balance due to the Supplier on completion of a mailing for postage (that is where actual cost of postage exceeds the amount paid by the Client in respect thereof) is payable within 7 days of the date of invoice. Credit postage balances are deducted from the final account for all other goods and services supplied. The final account is payable within 30 days of the invoice date.
Late fees will be applied to invoice payments still outstanding after the 30 day period. A fee of 10% of the total order value will be applied for each and every 30 day period that the invoice remains unpaid.
11. GUARANTEE
Lists owned by the Supplier are supported by the following guarantee:
For postal mailing and telefiles Any returns/gone aways or inaccuracy in contact, name, address or telephone number details reported to the Supplier will be eligible for a £1 refund per record provided that:
- Full details of the inaccuracy are reported within six weeks of invoice/dispatch date and the account has been settled
- The updated/corrected information is supplied by the Client.
For emails, the Supplier will attempt to re-verify any Hard Bounces experienced within six weeks of supply and return those successfully re-verified for re-broadcasting. Hard Bounces must be supplied in an excel sheet or CSV format, ideally with the bounce error code included. For the avoidance of doubt Soft Bounces aren't applicable for the guarantee.
The guarantee does not cover lists sourced externally by the Supplier where the third party’s warranty will apply.
12. FORCE MAJEURE
Whilst every effort is made to complete orders within the time quoted at acceptance of order, performance is subject to such variations as necessary as the result of any cause beyond the control of the Supplier such as (without prejudice to the generality of the foregoing) any Act of God, war, strike, lock-out or non-delivery of material or supplies.
13. ARBITRATION
All disputes, differences or questions at any time arising between the parties as to the construction of these conditions or as to any matter or thing arising out of the same or in any way connected therewith, shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or failing such agreement shall be appointed at the request of either party by the President for the time being of the Law Society. The arbitration shall be in accordance with the Arbitration Act 1996 and any statutory modification or re-enactment thereof for the time being in force.
14. LAW
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
15. PROMOTIONS - FREE DATA SAMPLE
A free sample of up to 10 records will be supplied on request. This promotion is limited to 1 per customer, and provided at our discretion. The free data sample is intended to show you the format of data you would receive if you placed a full order, and to give you confidence in the quality of our data.
Bespoke Data Research - Supplementary Terms
The Supplier will source data from publicly accessible online sources, including but not limited to professional networking sites and business directories, to verify and gather contact data.
Due to the nature of data scraping techniques, the Supplier cannot guarantee the completeness or absolute accuracy of the data. There may be a low percentage of errors versus the ideal customer profile despite best efforts. The Supplier will make reasonable efforts to verify data accuracy, but the Client must acknowledge and accept the potential for discrepancies.
The Client is responsible for retaining and processing the data in accordance with the GDPR, PECR and other applicable laws.
The Supplier will delete all data from its platforms and systems after supplying it to the Client. The Supplier will not use, store, or process this data beyond the scope of the agreed-upon service.
The Supplier shall not be held liable for any misuse, unauthorised use, or processing of the data by the Client. The Client accepts full responsibility for the data upon receipt and indemnifies the Supplier against any claims, proceedings, costs, or demands arising from the Client's use of the data.
Emailing Services
Leisure Lists is a trading name of John Turner Leisure Marketing Ltd (“JTLM”).
JTLM trading as “Leisure Lists” (the “Agency” and variously “we”, “us” and “our”) and you the Client (“Client” and variously “you” and “your”) set forth on the Order Form enter into this Agreement between the parties (“Agreement”) for the term agreed in the Order Form, and as defined in Terms and Conditions below.
This Agreement governs:
(a) the Leisure Lists email broadcasting service,
(b) the set-up of a branded domain name(s), and mailbox(es) for the purpose of facilitating said broadcasting.
(c) the hosting of the prospect contact data.
Once the order form is signed you will be provided with a Client Briefing Form. This is required to be returned within 3 working days to avoid delay to the email activity. In the first 2 weeks we will work on the account set up, campaign sequencing, data imports and inbox warming to maximise email delivery and engagement.
Email Delivery rates, or prospect engagement metrics cannot be guaranteed. We warrant to undertake best practice account set up, sequencing, and copywriting to maximise campaign performance, and reduce the risk of any negative recipient sentiment towards cold email marketing.
A clear reason for the legitimate interest in contacting each prospect will be included, in addition to a clear, and one click Unsubscribe mechanic. A Legitimate Interest Assessment (LIA) will be completed, and will require Client signature before broadcasting commences.
We cannot guarantee a specific number of leads. A variety of factors will contribute to the campaign success - including but not limited to the strength of the product or service on offer, pricing and promotions, the target market and quality of prospect data available.
A “lead” is defined as someone who could become a customer of yours. They may respond to the email we send on your behalf, or reply with a more suitable colleague to contact. They could contact your business following receipt of our emails, or after taking another action first - such as visiting your website or social media channels.
You grant us permission to purchase a domain name(s) similar to your existing website and brand marks, as well as permission to use this domain name for mailboxes sending emails on your behalf. We own this new domain and it will remain active for as long as your email broadcast agreement remains valid. Responses to this mailbox will be monitored, and forwarded to an email address of your choice. Upon any agreement termination the domain name renewal will be cancelled and be available on the open market after the purchase term expires.
The monthly fees cover management of up to 7 sends in a 6 monthly period, and up to to 13 sends in a 12 month period. Additional sends if deemed appropriate, relevant and not excessive in the approved LIA incur an incremental £100 design and £0,02 cost per email send.
The Client Brief, Approvals and Deliverables.
The Client warrants that the Brief is accurate so far as is possible. Any inaccuracies or changes made to it after the initial supply may result in campaign sending delays.
Approval by the Client of final copy, layouts, designs and the like will be the Agency’s authority to proceed with the broadcast as appropriate. We cannot guarantee support for all design elements or fonts due to platform limitations - best efforts will be made to match, or supply a close alternative. PDF to HTML conversion will incur a cost of £50+VAT. Where copy, artwork or other material is sent to the Client for final approval, the Client shall check it carefully and notify the Agency of any errors or alterations. The Agency will allow 2 amendment stages within the monthly fee, following return of the first draft copies. The Agency will use its reasonable endeavours to effect any changes so notified but the Agency reserves the right to delay sends, or charge extra if an additional amend / build stage is required. Additional amends will be charged at £50 per stage, for new designs or full re-writes a £100 email design cost applies. Where notification of errors is either unreasonably delayed in this way or does not occur at all before broadcast, the Agency will not be liable in respect of any such errors.
If any Deliverables use any trademarks, trading styles or trade names (‘Marks’) owned by the Client or under its control, it is agreed that the Agency shall have the right to use or allow use of any such Marks for the purpose of fulfilling the Agency’s obligations under the Agreement. The Agency shall not gain any rights over such Marks by virtue of such use, but the Agency shall be entitled to use the Marks both during and after the production and supply of the Deliverables to promote and advertise its own work. It shall be the Client’s responsibility to ensure that all domain names used in connection with the Deliverables do not infringe any third party rights and that any Marks of the Client or any third party used in the Deliverables, including such Marks as are supplied by the Agency as part of the Brief, are used in a manner which neither undermines the Client’s rights in its Marks nor infringes any third party rights.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.