Terms & Conditions

DEFINITIONS:

ADMAR     refers to ADMAR Support Services Ltd

Client     refers to the company, or individual placing the order or purchasing data from ADMAR

File     refers to an individual data file in an ASCII Delimited File, a single Worksheet in an Excel File or A Single (non-relational) Table in an Access Database. Each record must appear on a separate line with a carriage return and/or Line Feed delimiter. If supplying multiple Worksheets within an Excel Spreadsheet, each worksheet will be deemed to be a Separate File.

Bureau     ADMAR’s In-House Data Processing Bureau

Credit Cards     refers to both credit & debits cards (not all cards accepted)


1. GENERAL CONDITIONS

1.1 This Quotation is valid for 30 days and may not be used in conjunction with other special offers or promotions.


1.2 The following Conditions shall apply to all orders placed by the Client for the supply of goods and services by ADMAR and oral confirmations of such orders by ADMAR. No employee or agent of ADMAR have authority to agree any variation of these conditions. No other Terms and Conditions, oral or printed on the Client's order forms or other documents shall be deemed to form any part of any contract between ADMAR and the Client for the supply to the Client of any goods or services and no variation of these Conditions shall be effective unless accepted in writing by a Director of ADMAR and signed by him/her on behalf of ADMAR.


1.3 The Client must only use information supplied by ADMAR within the confines of any current legislation, and the Client agrees to indemnify ADMAR in respect of any claim that may be made against ADMAR as a result of misuse of the data by either the Client, or any third party to whom the Client has sold/supplied the data.


1.4 Unless stated otherwise, ADMAR will charge the appropriate rate for each search performed, whether the result is negative or positive. ADMAR shall only search on the details supplied, and cannot be held responsible for differences in Client data, and third party data which ADMAR is accessing. ADMAR may at its sole discretion enhance the Clients data in order to obtain a positive result. However, it is the responsibility of the Client to ensure that information is full and accurate before our services are requested.


1.5 No part of this agreement shall confer nor be intended to confer a benefit on any third party for the purposes of the Contracts (Rights of Third Parties) Act 1999 or any other purpose.


1.6 ADMAR will make every effort to ensure the accuracy of all information which is supplied to the Client. However, in no circumstances whatsoever can ADMAR accept liability for any inconvenience, loss or damage of any kind which may arise from the Client being supplied with incorrect information, be it incorrect information, supplied from a third party database, a sub-contractor over whom ADMAR have no control or due to a processing error.


2. CHARGES/ FEES / INTEREST

2.1 Minimum Order Values will apply to each file/service as advised on the quotation. Royalty Fees (if applicable) are payable in addition to normal process fees. All fees quoted are excluding VAT


2.2 Credit Accounts: A credit account must be in place before an invoice can be issued. We will write to the Trade References supplied by the Client and will obtain confirmation from the Client’s Bank that the account details supplied are correct. A credit check will initially be performed on the Client and annually thereafter. The maximum amount of credit extended will be recommended by the credit referencing company. When satisfactory replies have been received, the Client will be advised that a credit facility is available.


2.3 Unless otherwise agreed, in writing, payment terms are 14 (fourteen) days from date of invoice.


2.4 ADMAR will charge interest upon overdue payments at a rate of 10% for each calendar month or part month upon the outstanding sum due.


2.5 Credit Card Payments: The appropriate payment will be deducted from the Clients credit card prior to any work being started. Once the payment has been successfully taken work will be started immediately and NO refund will be made.

2.6 Unless using our online service, the Client will be required to authorise payment by way of signature (or written standing authority) before any debit from the card is made.


2.7 Royalty Fees, where applicable, are chargeable in addition to process fees.


3 PROCESS TIMES

3.1 Process Times are for guidance only and start from the time that the files, quotation, and if applicable, credit card payment has been received. Unless ADMAR has given a specific written return time separate to the quotation, ADMAR can not be held liable for any costs incurred by the Client on time critical exercises when staff or other resources have been pre-booked.


4. CANCELLATIONS

4.1 If the order was placed via our Bureau and the request is cancelled within 1 hour of receipt of the order, then, providing under 50% of the work has been completed, a maximum refund of 50% of the quoted cost will be offered.


4.2 Any royalty fees already incurred will be payable.


5. SUSPENSION OF SERVICE

5.1 ADMAR may from time to time and without notice suspend its services in either of the following circumstances:

5.1.1 During any mechanical or electrical failure, modification or maintenance of the system, or

5.1.2 If the Client fails to pay any charges due, until the outstanding invoice(s) are paid.


6. EXCUSABLE EVENTS

6.1 ADMAR will not be liable to the Client for any breach of these terms and conditions or failure on ADMAR's part to perform any obligation as a result of technical problems (e.g. mechanical failure) relating to the services, Acts of God, governmental control, restrictions or prohibitions or any other government act or omission whether local or national, act or default of any supplier agent or subcontractor, industrial dispute of any kind or any other similar or dissimilar cause beyond ADMAR's control.


7. ENTIRE AGREEMENT

7.1 The terms and conditions within this document constitute the entire agreement between ADMAR and the Client, and supersedes all previous correspondence and agreements either oral or written, except where a specific written agreement is in place signed both by a Director of ADMAR and the Client.


8. CONFIDENTIALITY

8.1 All data will be processed in the strictest of confidence and in accordance with the Data Protection Act.


9. SPECIFIC SERVICES

9.1 Preference Service Screening:


TPS, CTPS, FPS & MPS Registers are accessed under licence from the DMA.


To facilitate an accurate match Telephone or Fax numbers should only contain digits, have post PhoneDay dialling codes and must be supplied in separate columns clearly marked which is which. Supplying a single column of phone numbers is more economical than supplying multiple columns of numbers. We shall add a new TPS and or FPS field at the end of your data and add the words ‘CTPS, or ‘TPS’ or ‘FPS’ against the matching record.


A full name and address is required to facilitate an accurate MPS search


9.2 Suppression Screening


Xpression and TBR Suppression are offered under licence from The Read Group, and Mortascreen Suppression under licence from Millennium ADMP Plc.


If payment is being made by credit card, an initial process fee will be taken and then a further fee taken once royalty fees have been calculated and approved by the Client.


Gone Away and Bereavement Suppression should be used as a mailing suppression tool only.


9.3 Consumer Lists

9.3.1 Projections: The total number of records advised/quoted by ADMAR, either verbally, or in writing, prior to commencement of any work should be taken as estimates only. Because of duplicate, incomplete and suppressed records the final figure for an area may be lower than that advised/quoted. This figure cannot be known until the research is completed.


ADMAR can not be held liable for any projections or work schedules created/formulated using the preliminary estimates and if counts are not


requested prior to commencement it cannot be guaranteed that ADMAR can achieve the requested volumes.


9.3.2 Profiling & Profiled List Production

See additional terms and conditions (supplied separately)


9.4 Telephone Number Appending (Teleappending)

9.4a Fees quoted will be on a per record searched, not per record found basis


9.4b Ex-Directory Records will be flagged as ‘XD’ - no telephone numbers can be supplied


9.4c ADMAR are licensed by British Telecommunications to access the ‘BT OSIS’ database, and offer a Directory Enquiry Service. By placing an order the Client agrees to the following:-


9.4d If telephone numbers are being appended to an existing electronic database, other than on a temporary basis, permission for permanent storage should be obtained from any customer whose telephone number was not present on the database before the enhancement took place.


The End-User shall:

9.4e in all its dealings with or relating to information derived from BT’s OSIS database (“Information”) comply with all applicable laws and codes of practice including the Data Protection Act 1998 and the Code of Practice on Telecommunications Directory Information Covering the Fair Processing of Personal Data (21 December 1998);

9.4f use all reasonable endeavours in relation to the security and confidentiality of the Information in its custody or control to prevent any unauthorised disclosure of any part of it;

9.fg if any complaint is made which relates to the End-user’s use of the Information then the End-user shall assist BT and ADMAR in investigating the complaint and shall take such steps as are reasonably necessary to remedy the complaint as soon as practicable;

9.4h only use or process any of the Information for their own internal purposes or, in the alternative, for a single use for a single specific person, business, company or other entity who is the End-user’s customer.


The End-user shall not:

9.4i distribute, publish, or display any material amount of the Information by means of the world wide web or other on-line electronic access medium (whether wired or wireless)

9.4j export or permit the export of any material amount of the Information to a country which is not within the European Economic Area without the express consent of BT.


BT OSIS MARKS

9.4k The End-user shall not have any rights to use the BT Marks and shall not make reference to BT or any BT product or service in any promotional or marketing advertising, communications, literature, or packaging.

9.l The End-user shall not alter any copyright or other intellectual property right acknowledgement or confidentiality marking incorporated into or applied to BT’s OSIS data or documentation owned by BT.


9.4.1 Information should not be resold to any third party, unless all parties to whom the data is supplied/sold is explicitly aware of the previous licence restrictions. A full copy of the BT OSIS licence is available on request.


9.5 ADMAR ONLINE

9.5.1 Unless a credit account is already in place (and a form AU1 submitted), in which case an Invoice can be requested, payment may only be made by credit card and the appropriate payment must be authorised prior to any file being uploaded. Once a payment has been successfully taken, work will be started as soon as possible. Neither cancellation nor refund will then be possible.


9.5.2 Teleappending: We will search only one individual, or business name per record, if you require more complex or multiple name searching please use our Bureau Services.


9.6 Audits.

A Data Audit is available for most Bureau Services, however, we are only permitted to audit a maximum of 1,000 records against the BT OSIS file. Audits are usually offered free of charge, but at the sole discretion of ADMAR and fees may apply for larger requests.


10. QUOTATIONS

10.1 Fees quoted are based on information supplied by the Client. If the quantity of records finally supplied, or specifications of the exercise differ to that quoted within the quotation a new quotation may be issued. Final invoices will be calculated on a pro-rata basis.


10.2 Data manipulation of any description other than that detailed within this quotation may attract additional fees - permission would be sought from the Client before any additional work is performed.


10.3 The work shall only commence after a quotation is signed and returned.


11 STANDING AUTHORITIES

If issued as a Standing Authority Quotation (SAQ) this SAQ will expire on the date stated on the details page. The SAQ will be reviewed on a monthly, or quarterly basis and, if the volumes stated have not been achieved, the agreement may, at the sole discretion of ADMAR, be cancelled without notice.


12. CONTRACT QUOTATIONS

12.1 A Contract Quotation is a binding agreement between the Client and ADMAR where the Client guarantees to send a minimum amount of work in a specified period of time, in return for which ADMAR offers discounted rates.


12.2 Either party may at any time during the contract Term terminate this agreement by serving a ‘termination notice’ upon the other by secure courier or registered post. The notice period must not be less than 30 days and the contract, will then run to the end of the month following receipt of notification. In the event of the Client terminating the contract all monies due under clause 12.10 will become immediately due.


12.3 In the event that ADMAR terminates the agreement only work actually performed will be chargeable at the agreed Volume Price.


12.4 In the event of a price increase by a third party data supplier, the contract may be terminated by ADMAR giving notice as in Clause 12.2 and a new contract negotiated.


12.5 In this clause: "the Term" means the period of time specified within the quotation or contract document plus an amount of time equal to any suspension of service under clause 5.1.1.


12.6 "The Volume Price" means the price appearing on the attached quotation or contract document as the charge for the services to be provided by ADMAR ("the Services")


12.7 "The Standard Price" means the price appropriate to the volume of work placed with ADMAR as mentioned in the Schedule to the quotation.


12.8 And in both cases such Price is exclusive of Royalties.


12.9 The Client warrants that it will place with ADMAR the volume of work indicated in the Contract Quotation during the Term in reliance upon which warranty ADMAR shall charge the Client the Volume price.


12.10 In the event that such volume is not achieved prior to the termination of the agreement (whether because the term expires or for any other reason [other than termination by ADMAR under clause 12.3]) ADMAR shall be entitled to the Standard Price in substitution for the Volume Price for so much of the Services provided to the date of such termination and the Client shall forthwith upon receipt of an invoice for the same pay (in addition to any sums already invoiced and remaining unpaid) the difference between the Volume Price and the Standard Price for such Services.


12.11 Contract Rate Early Termination by the Client - Example

You agree to perform 500,000 searches in twelve months.

Our Standard Price is £ 0.02p per search, and our Volume Price is £ 0.01p per search. In month 2 you decide to terminate the agreement; you have to give 30 days notice and the contract will therefore end at the end of month three. Only 100,000 searches have been performed

Projected Use (500,000 divided by 12) * 3 = 124,999 x £0.02p = £2,499.98. Actual Use is 100,000 x £0.01p = £1,000.00 A final invoice for £ 1,499.98 would be sent, or deducted from your authorised credit card.