Terms & Conditions

General Information

Unless a quotation has been accepted in writing by the Purchaser, all prices are subject to alteration by the Company without prior notice. VAT and data delivery will be charged extra unless otherwise stated.

Orders are accepted subject to the Company’s standard terms and conditions (please see below).

Mailings can be despatched only after receipt of payment.

Acceptable methods of payment include:

Credit Card
Debit Card
Bank Transfer
Cheque
Goods can only be delivered on receipt of “cleared funds”.

All lists contain “seed” names and “monitoring” addresses to protect copyright.

No warranty is given on telephone numbers, email addresses, job titles, company names, contact names or additional information fields. All information fields are regularly updated via email surveys, telephone marketing, fax marketing surveys and web-based questionnaires; all update information is processed on a “good faith” basis.

Definitions

• ”the Company” means Jordan Marketing Limited, The Carlson Suite, B8/4, Vantage Point Business Village, Mitcheldean, Gloucestershire, GL17 0DD.

• ”the Purchaser” means the name of the customer that orders purchasing or otherwise acquiring the Data and includes its representatives, agents and its successors.

• ”the Price” means our charges as set out in the Order Confirmation

• ”the Delivery Date” means the date the Company supplies the Data to the Purchaser

• ”the Data” means any service to be supplied by the Company, as set out in the Order Confirmation and includes any service, which includes the supply of information of any kind whether comprising words, numbers, graphs or otherwise in any other form and whether or not is the property of the Company, which is supplied or made available by the Company

• ”the Order Confirmation” means the agreement between the Company and the Purchaser for the supply of data or services by the Company.

1. These conditions are the current conditions of Jordan Marketing Limited, (“the Company”) and are applicable to every contract with “the Purchaser” of the Company’s product or materials (“the Data”) or for the provision of services by the Company.

2. Any variation of these conditions by the Purchaser is ineffective unless accepted in writing by the Managing Director of the Company.

3. All orders must be dated, signed and confirmed in writing (Established Purchasers may confirm orders via e-mail at the discretion of the Company). Orders will not be accepted on the basis of verbal instructions.

4. Quotations lapse after 30 days unless re-confirmed in writing by the Company, list prices are subject to alteration without notice and confirmation of list prices should be sought by the Purchaser when placing the order.

5. All lists or parts of lists are owned by and copyrighted to the Company. The Company’s data is purchased for multiple usages on computer readable disks, e-mail or alternative media rented for one time use only. The data must not be copied or recorded by the Purchaser or its agents, or in any way processed by the Purchaser or its agents other than in accordance with the Order or as agreed in writing by the Company. Information supplied on disk, e-mail or alternative media is for the sole use of the Purchaser and must in no circumstances be offered for resale by the Purchaser. All lists contain seed names and dummy addresses to detect unlawful use. The Company may take legal action against any Purchaser that unlawfully processes data owned by the Company.

6. The Purchaser shall be liable for loss or misuse of a list whilst in his care, or the care of his agent, including but not limited to mailing bureau, computer bureau etc. It will be deemed a misuse of a list if the list is used for any activity other than the purpose for which it was originally provided.

7. Data supplied via email delivery of FTP download is supplied for the computer operating system and in the format specified on the order. The Company does not accept responsibility for the readability of data. No liability is accepted by the Company for conversion of the data supplied to any system or format other than that specified on the Company’s acknowledgement of order.

8. The Company uses all reasonable endeavours to ensure lists are accurate and up-to-date. However, as lists are compiled from a variety of sources, the Company cannot warrant that any of the records are 100% complete, neither are they built up from personal knowledge of any particular trade or profession or other body. Whilst the Company agrees that all data has been fairly and lawfully obtained in accordance with the Data Protection Act 1998, no warranty is given regarding the accuracy or completeness of individual addresses, contact names or contact details.

9. Telephone numbers and additional supporting information to that of the contact email address are supplied on an ‘as is’ basis, with no warranty to accuracy given or implied.

10. The Company does not accept liability for the outcome of the use of its lists. In no event will the Company be liable for any loss of profit, revenue, goodwill, opportunity, business or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of its list or lists, including result of failure to screen against TPS and/or FPS save where such liability cannot be excluded by law.

11. Requests for the correction or deletion of inaccurate data or for the marking of disputed data in respect of individuals whose names are included in the lists received either directly or from any other user of the lists, have been and will continue to be completed with as soon as possible, normally within the previous 30 days or at the latest within 60 days following the receipt of such a request. TPS and FPS screening is required in order to carry out telemarketing and fax marketing, this responsibility is with the Purchaser.

12. Requests for the suppression of deceased names will be complied with as soon as possible.

13. The Purchaser agrees to notify the Company of any request received by the Purchaser for the suppression of a deceased name or disputed data that can be identified as being included in the data supplied by the Company, normally within 30 days or at least within 60 days of receipt of the request.

14. The Purchaser agrees to notify the Company as soon as possible, normally within 30 days or at least within 60 days of receipt, of any request for access to, or the correction or the deletion of inaccurate data it receives from an individual whose name can be identified as being included in the list supplied by the Company to the Purchaser.

15. The Purchaser agrees to comply with any requests for the suppression of deceased names as soon as possible before the time of use or at least within the previous 30 days.

16. The Purchaser agrees to comply with any request for information from an individual whose name can be identified in the lists supplied to the Purchaser by the Company regarding the source from which the name was obtained and that this request will be dealt with promptly and in any event within a maximum of 40 days.

17. The Purchaser agrees to record and mark any request for suppression received by the Purchaser from an individual whose name can be identified as being included in a list supplied by the Company, and that any such record will be suppressed from any list subsequently used by the Purchaser.

18. The Purchaser agrees, unless otherwise agreed in writing between the Purchaser and the Company, that posting of mailings to any names on any list provided by the Company will take place no later than six months following the date of supply. In the event that the posting is delayed, the Purchaser agrees to return to the Company unused copies of any list and to delete from its files any extracts from or copies of the list.

19. The Purchaser undertakes to keep lists and any copies or extracts of lists supplied by the Company secure and will safeguard against unauthorised use or disclosure.

20. Dates given for dispatch of lists are given in good faith and are estimates only, based on information available at the time of quoting. They are, however, not guaranteed and time is not of the essence of the contract.

21. Whilst every effort is made to quote the number of addresses accurately, the quantity may vary from time to time, as is reasonable, due to movements within the list or lists and no warranty or condition is given that the figure quoted agrees with that finally reached during the execution of the order.

22. Where more than one list is supplied, the total quantity dispatched may be less than the sum of the individual list quantities due to persons or establishments being coded to more than one classification.

23. The Company’s liability is limited to replacement of the Goods supplied; where a direct replacement is not available the Purchaser will be offered alternative goods at the same or similar price.

24. In no circumstances shall the Company be liable for consequential loss caused to the Purchaser or its agents; the Company’s liability is limited to that set out in Clause 23 above.

25. When proofs are submitted for the Purchaser’s approval, no responsibility will be accepted for any error in proofs approved by the Purchaser.

26. Every effort will be made to carry out contracts, but should the Company be prevented or delayed in carrying out a contract by reason of Act of God, war, lock-outs, fire, flood, delays in transit, strikes, riots, postal delay or any other unexpected or exceptional causes or circumstances beyond the Company’s control, the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due execution of an order has ceased, and in no circumstances is the Company to be liable for any loss or damage suffered by the Purchaser as a result thereof.

27. The Company shall charge the amount of Value Added Tax due on the invoice whether or not included on the quotation or invoice.

28. The Purchaser warrants that items to be mailed contain nothing which infringes copyright or is defamatory, obscene, indecent, or otherwise illegal or unlawful, and shall keep the Company fully indemnified against losses, costs, charges and expenses of whatsoever nature arising out of or in connection with a claim that such items infringe copyright, are defamatory, indecent or otherwise illegal or unlawful whether or not such claim is upheld or justified.

29. The Company is notified as required under the Data Protection Act 1998.

30. 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 1950 and any statutory modification or re-enactment thereof for the time being in force.

31. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales and any disputes are to be decided only by the Courts of England and Wales.

32. Data’ means information of any kind, however presented whether comprising words, numbers, graphs, maps, pictures, sketches or otherwise in any other form and whether or not our property which is supplied or made available by us under this Licence.

33. ‘We’ or ‘us’ or ‘Jordan Marketing’ or ‘our’ means Jordan Marketing Limited.

34. ‘You’ or ‘your’ means you, the Licensee.

35. If you wish us to exclude general email addresses from the email Data field you must request this prior to the Order Date.

36. Subject to any restrictions of use stated in the Order Form your use of the email Data may not exceed more than 24 emails to any one addressee in a 12-month period.

37. We are not responsible or liable for email addresses that prove to be undeliverable.

38. Proof of non-delivery in the form of undeliverable addresses must be returned to us in either a tab delimited, comma delimited, Excel or Dbase file.

39. No liability is accepted for unapproved methods of email delivery.. Unapproved methods of email delivery include (But are not limited to) use of an SMTP (Single Message Transfer Protocol) such as Outlook, Outlook Express, Opera, Netscape and Lotus.

40. We reserve the right to require you to cease or modify use of our email Data where we discover that the contents of email sent by you is in our reasonable opinion inappropriate or you have misled us about the content.

41. Where you procure the use of the email Data to send emails, you must ensure that the recipient is given a simple means to opt-out of receiving further communications and you must forward to Jordan Marketing Limited the details of any recipients who do exercise their right to opt-out including any comments that may be made by such recipients in an excel or comma separated format.

42. Where the Data includes all other email fields not included in the above opt-in email field, the following provisions shall apply in respect of the email Data.

43. If you wish us to exclude certain criteria from our range of criteria you must provide a suppression file to us that clearly states your requested exclusions prior to the Order Date.

44. If you wish us to exclude general email addresses from the email Data field you must request this prior to the Order Date.

45. Companies wishing to market to email addresses obtained from other email fields can contact all corporate subscribers (@company.co.uk) on an opt-out basis, except natural persons (private individuals and sole traders in the UK, and Partnerships in England, Wales and Northern Ireland).

46. “Corporate subscribers” in this context includes limited companies, PLCs and LLPs; it does not include sole traders or general partnerships. The rules on email opt-in do not apply to emails sent to Corporate Subscribers except that you must still identify yourself, provide an address and provide a simple and quick method for customers to opt out of marketing messages at no cost other than that of sending the message.

47. All prices displayed are for the supply of email address only.

48. In the event of more than 20% of the original purchased dataset being inaccurate, Jordan Marketing Limited shall offer the Purchaser replacement data from any of the other available datasets on offer or provide a refund for the cost of the data exceeding this bounce rate only, provided that a full set of SMTP log files is required from the sender in order for our technical support team to verify reasons for failure. If reasons for delivery failure are not attributed to the supply of the data, but are in fact connected to the delivery method of the message and/or content of the message then Jordan Marketing Limited reserves the right to charge the Purchaser a processing fee of £75 + VAT per hour for the production of such reports regarding the issue.

49. Email campaigns conducted with data supplied by Jordan Marketing Limited must be in accordance with The Privacy and Electronic Communications Regulations.

50. Email address details are “bounce” checked for delivery status at a minimum frequency of every 12 months prior to delivery to Purchaser delivery.

51. Datasets are offered on a “Complete” basis and cannot be split into smaller sets.

52. All purchasers must be registered under The Data Protection Act and have a valid registration number.

53. Refunds are not given for email delivery failures due to the fact that delivery failures can occur for a number of reasons outside the control of Jordan Marketing Limited, including but not limited to, Senders IP address being blocked by recipients ISP, Sender ISP blocking bulk email deliveries, Email delivery software not being set correctly to deliver volume email, Email message contains key phrases such as “Special offer”, “Click here” that are blocked by recipients ant-spam software, Email messages containing attachments which are blocked by anti-virus software, Recipients mail box is full or not available to accept messages, Email messages containing excessive HTML content, Email messages containing prohibited VB and Java scripts, Email delivery server not having a correctly installed “Sender Policy Framework” or “SPF” record, Recipient is using “Anti-spam” software to block incoming “Marketing” messages, Email message containing excessive image content.

54. The Purchaser agrees to include a valid and free method of recipient unsubscription in all of its marketing messages to the recipients included within the supplied marketing file.

55.Jordan Marketing Limited accepts no liability for any actions taken by recipients with regards to content/sending of email messages by the Purchaser.

56. No warranties are given or implied with regards to any data supplied by Jordan Marketing Limited. Use of data is at the Purchaser’s own risk.

57. Transfer of data can only be made via email or FTP download.

58. Use of Data Outside The EU – Data supplied by Jordan Marketing Limited cannot be used of transferred outside the EU without the express consent of the data subject.

59. Please note that when purchasing multiple marketing files that there may be cases in which recipients are featured in more than one file, no refunds are offered or given in the event of duplication.

60. Lists may contain generic email addresses such as (But not limited to) “info”, “sales” and “enquiries”.

61. File volumes are subject to change without prior notice.

62. Supplied email data files contain an excess of 10% in terms of record volume compared to the advertised volume. These records are supplied in advance of any potential issues regarding undeliverable email addresses.