*International records are priced in Sterling Pound (GBP) as it is much more expensive and harder to acquire contacts from Europe, Asia etc. Following is the internal data pricing.
* 70% Accuracy Guarantee with all our list sales. Additional records will be provided to make up for any records that are not in-line with the signed agreement.
DATA SERVICE AGREEMENT – Terms & Conditions Applicable to All Sales Lists Online Clients
All Insertion Orders or Work Orders signed by our Clients together with this Data Append Agreement shall be collectively known as the "Agreement." WHEREAS, Sales Lists Online is engaged in the publishing, procuring, distribution, reselling and licensing of proprietary databases and providing related marketing services, and has the rights to do so, and WHEREAS, CLIENT desires to use such services to add data to its house file on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises set forth above and the mutual promises, agreements and conditions stated herein, the parties agree as follows:
1. DESCRIPTION OF SERVICE. Sales Lists Online will provide to CLIENT data records consisting of the following data attributes: contact name, business name, phone#, fax# (where ever available), email, website address, SIC Code, Industry, street, city, state and zip.
2. DATA. We will provide Data to the client via Email (Excel Format) or FTP without charging any shipping costs. Data can be provided on a CD or other format at an extra cost along with shipping costs.
3. INITIAL COMMUNICATION. If the CLIENT desires we will work with CLIENT to develop the email message(s) which will be sent to all email Records by our Email Campaign Manager software. We will only send one email message per Record. The reply email will be provided to CLIENT. We will also track Click-trough’s and provide a report at the end of the campaign. There will be an extra charge at $100 CPM to execute these campaigns if desired.
4. CONFIDENTIALITY. The CLIENT Records, the Email Addresses, the Matched Records and all other information (collectively, the "Confidential Information") will remain confidential and will not be resold by the client.
5. FEES. CLIENT will pay us prior to purchase of the list directly on the website using their creditcard or google checkout account. Sales Lists Online will verify the list and deliver the list within 1 to 2 business days upon receipt of the confirmation of payment.
6. LIMITED LICENSE: Upon purchase you will have a limited license to use the information delivered to you subject to these terms and conditions. You agree not to sell, sublicense, transfer or otherwise make available any portion of the information to anyone outside of your business organization
7. CUSTOMER RESPONSIBILITIES: You agree that it is your responsibility to understand and comply with all federal, state, and local laws, rules, and regulations including do not call and do not fax regulations. You agree to indemnify and hold Sales Lists Online and its subsidiaries (“Sales Lists Online”) harmless against all claims related, in whole or in part, to your failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in California shall have exclusive jurisdiction. You agree that such courts represent “convenient and appropriate” forums for this purpose
8. WARRANTY. We guarantee that 80+% telemarketing information is accurate and 70% of the rest of data provided with this agreement will be accurate. Given the nature of email and various deliverability issues, we can’t guarantee email deliverability –This really depends of how you do your campaigns.The Warranty will be limited to provision of additional records. We hereby disclaim all express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, correctness, quality, accuracy, completeness or reliability, for any data or service provided hereunder.
9. EXCLUSIVE LIMITED WARRANTY: Sales Lists Online compiles its databases from various sources and where appropriate verifies the information. Sales Lists Online cannot and does not assume any liability for the correctness or comprehensiveness of the information. You will have 14 days after purchasing the information to inspect and notify Sales Lists Online of any operational problems or material mistakes with regards to the information. If Sales Lists Online is notified of an operational problem or material mistake within 14 days from the date of your purchase then Sales Lists Online will correct the problem or, in its sole discretion, provide additional records if needed relating to the materially mistaken information. This warranty is a limited warranty and Sales Lists Online makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall Sales Lists Online be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. If this limited warranty should fail of its essential purpose, and in all other cases, Sales Lists Online’ entire liability shall be limited to the amount actually received by Sales Lists Online on account of your purchase.
10. LIMITATION OF LIABILITY. In no event shall we be liable for direct, indirect, special, exemplary, consequential, incidental, or punitive damage or loss for any claim or cause of action related to or arising out of this Agreement or the services performed hereunder. Our liability at all times will be limited to the purchase price paid by the client minus any delivery expenses incurred by us.
