TERMS & CONDITIONS
If an order is cancelled following the supply of a pre-mail checklist, a cancellation charge of not less than 50% of the main database rental fee will be made in respect of mailings and 100% in respect of data supply only. This fee is also applicable to any order suspended by the client for a period in excess of 3 months.
Prior to mailing despatch, a limited information 'checklist' is supplied to the client for approval. List deletions made by clients at this stage will result in a reduced postal charge only. Checklists are not provided for data orders.
c) COLLECTION OF ENCLOSURES:
A same-day collection is provided to all UK locations. Charge is based upon distance travelled by courier. Please ensure that sufficient enclosures are provided. We cannot guarantee to complete the mailing on schedule if shortages occur or embossed letterheads are supplied.
If the client receives any complaint, notice or communication that relates directly or indirectly to the processing of the data or to either party's compliance with Data Protection Requirements (as it relates to the data), it shall immediately notify Waltons and provide full details and copies of any communication. Clients shall use reasonable endeavours to work with Waltons to remedy the situation, including if requested by Waltons suppressing the data in question from any further use.
Unless otherwise agreed in writing and signed by Waltons, these Conditions shall override all other Terms and Conditions stipulated, incorporated or referred to. In the event of Waltons entering into a contract without a written quotation but in circumstances where the client has had prior notice of these Conditions, then all materials supplied will be subject to these Conditions.
f) DATA USAGE:
Client hereby agrees not to send more than twelve (12) communications to any email in any consecutive twelve (12) month period and/or send more than two (2) communications to any email address in any one calendar month. Where personalised datasets are supplied to the client, the client must request the latest suppression file from Waltons when undertaking each repeat email and postal mailing exercise over the twelve month licence period. At the expiry of twelve months, it is the client’s responsibility to delete the dataset from their system.
g) CORPORATE TELEPHONE PREFERENCE SERVICE (CTPS):
Unless otherwise stated, all lists are supplied without having been CTPS screened. Responsibility for data's lawful use passes to the Client on purchase.
h) DATA PROTECTION:
Each party shall at all times comply with the Data Protection Requirements in relation to the data. This relates to the Data Protection Act 2018/GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI2003/2426), as amended, extended, re-enacted or replaced from time to time. The Client acknowledges that the data may include personal data and that in accordance with Data Protection Requirements, each Waltons and the Client shall act as data controller in respect of such personal data as, without prejudice to these Terms and Conditions, they will each separately determine the purposes for which and the manner in which such data is processed. For the purposes of doubt, client shall not be processing any personal data on behalf of Waltons under this agreement. The Client shall indemnify on demand Waltons for any cost, claim or expense arising as a result of the Client: (a) breaching any of the Data Protection Requirements; or (b) causing Waltons to be in breach of any of the Data Protection Requirements. There may be occasions where Waltons act as the data processor where the Client supplies to Waltons their database. In these instances, all returns/communication from any marketing conducted by Waltons (data processor) will be passed back to the Client in their role as data controller.
The Client acknowledges that not each Waltons record in the data contains all the data fields. However, Waltons will use reasonable endeavours to ensure that the Client has as many of those data fields as exist in relation to each business. Waltons shall (a) use reasonable endeavours to provide the services in accordance with our quotation in all material aspects (b) use reasonable skill and care in provision of the services and (c) use reasonable endeavours to meet any performance and/or delivery dates specified on our quotation.
j) INTELLECTUAL PROPERTY RIGHTS:
The Client acknowledges that all Intellectual Property Rights in the data are the property of Waltons and the Client shall have no rights to the data other than to use it in accordance with our quotation and these Terms and Conditions.
Liability is not accepted by Waltons for any loss resulting from non-delivery of mail. Damages for loss in respect of any claim by a client arising out of, or in connection with, the materials or their supply or any breach of contract by Waltons shall in any event be limited to the price of the contract.
l) MINIMUM CHARGE:
Unless our quotation states differently, a minimum charge of £750 (excl. postage, ancillary services and VAT) applies to all orders.
All quotations assume postage at the standard, second class rate unless otherwise indicated. If the package weight incurs a higher postage rate, if there is an alteration in the postage rate at the time of mailing or a greater number of records are mailed, the additional costs are the responsibility of the client.
n) STORAGE/EXCESS ENCLOSURES:
Clients should ensure they have their own insurance cover for all their enclosures whilst in transit with our courier or stored at our Clapham premises. Unless their return is requested in writing, excess enclosures will be held on site for a maximum of 1 calendar month following a mailing after which time they will be disposed of without further notice.
o) TARGET AUDIENCE COUNT:
All record counts in job quotations provide estimated totals as our database is subject to daily updating and research. If the final number is different to that estimated a revised postage charge will apply.
Invoice settlement prior to mailing or data order supply when Waltons are instructed to invoice an international address. Unless our quotation states differently, strictly 30 days for UK invoicing addresses. All items excl. 20% VAT. The time of payment shall be of the essence of any Agreement and the client shall not be entitled to make any deduction from any payment due to Waltons in respect of any set-off or counter claim. If the payment, or any part thereof, and all other sums payable by the client are not made on the due date, Waltons, without prejudice to its other rights shall be entitled to charge in addition to any monies due, interest on the outstanding amount at the Bank of England base rate plus 8%. NOTE: Waltons understand and will exercise the statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to these terms.
Waltons warrants that it has the right to grant to Clients the license of the data as specified in this Agreement. Waltons will use reasonable commercial efforts to ensure that Waltons records are as complete and accurate as reasonably possible. However, data may not be complete or accurate for a number of reasons including, but not limited to, if businesses are created or fail between Waltons periodic verifications or if businesses request that they are not included on the database.