In order to use our Postcode Address Service you must abide by both our Terms and Conditions and the Royal Mail Terms and Conditions:
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By opening an account with Simply Postcode Service You are entering into a legally binding contract with Comtek Accounts Limited, whose registered address is 6 Marlborough Court, Wisbech, Cambs, PE13 1LT. This contract is subject to the terms and conditions below.
We would advise that You print off and retain a copy of this Agreement for your future reference.
1. Definitions
In this Agreement the following words and expressions shall have the following meanings:
AccountID
is a unique code which is based on the e-mail address of the Customer. The Customer may request a change of AccountID at any time.
Application Definitions
Definitions used by the Software to interface to third party applications.
Customers Account
a means of viewing Customer details and managing the account from the Website.
Customer
A person (whether an individual, a company, a partnership or other entity) who purchases a License to access the Lookup Service.
Contract
is this Agreement.
Credit
is the entitlement of the Customer to download one Delivery Point from the Lookup Service.
Credit Pack
a package of multiple Credits valid for a License Period, which is pre purchased from the Provider via the Website.
Data
means the database known as PAF, and/or PostZon and/or Alias.
Database
the database of Delivery Point information used by the Provider to provide the Lookup Service.
Data Capture
means the use of the Data or a Product or Service to generate a Record.
Data Hygiene
The processing of existing data records using PAF Data:
a) including validation, reformatting, correcting or appending additional data to those records, and
b) including the use of PAF Data within address capture applications, but
c) not including Data Extraction (whether carried out by an address capture application or otherwise) and Cleansed shall be read accordingly.
Delivery Point
an address, postcode or other information contained within the database and supplied to You as part of the Lookup Service.
Delivery Point Query
the Customer’s request for a Delivery Point from the Database.
Data Key
a sequence of numbers used to identify the AccountID when allowing access to the Lookup Service.
External License
a license to be used on a Customers Web Site for External Use.
External Use
means used on a web site to capture/amend the service recipients address, on public facing web site, to provide services or goods.
PAF
means the database, or any part of it, known as “Postcode Address File” containing all known address and postcode information in the United Kingdom as may be amended from time to time. ‘PAF’ is a registered trade mark of the Royal Mail.
Password
a combination of characters selected by the Customer to verify Your identity.
Per Click
means a mechanism to count the number of Transactions.
Postcode
an alphanumeric sequence which uniquely identifies one or more addresses and assigned by the Royal Mail Group plc (“Royal Mail”).
Product
means any software or services to give access to the Lookup Service.
Provider
Comtek Accounts Limited trading as Simply Postcode..
Price List
list of charges and payment methods for the Lookup Service, as detailed on the Website.
Internal License
a license to be used for Internal Use by an Employee of the Customer.
Internal Use
means used within a Customers organisation for capturing address information for the purpose of populating a database or to send/provide Goods/Services.
Large Business License
defined by the Royal Mail as Multiple User Block.
License
Period
the period for which a Credit Pack/License is valid, as detailed on the Website.
means the license granted subject to the terms and conditions of this agreement and a generic term to cover License discussed in sections 4,5,6,7 and 8.
Lookup Service
the processing of Delivery Point Queries which result in one or more Delivery Points being made available to You.
Quote
quotation by e-mail or post.
Reasonable Use
means use of the system which is not abnormally excessive to effect the performance of other users.
Record
means an individual entry in or to be made in a collection of data containing a Delivery Point or details of part of a Delivery Point. A Record may also contain business or consumer name.
Reseller
a company who resells the Lookup Service to an end customer.
Reseller Account
a means of viewing Reseller details and managing the account from the Website. This also allows the reseller to manage customer accounts.
Service Recipients
means a recipient of products or services from the end Customer, whether a fee-paying customer or otherwise. For the avoidance of doubt, such recipient must be a third party and not a representative of the Customer itself.
Service
means any service, in connection with the Data.
Software
the computer programs, macros, scripts & data downloaded from the Website, which enable You to access or use the Lookup Service.
Term
the period during which a license is in force according to these terms.
Universal License
a license to cover Internal Use and External Use.
User
a person/individual authorized by a Customer to use the Lookup Service through the Customer’s Account.
User ID
a means of identifying a user of the Lookup Service.
User License
a license for one or an agreed number of user/users of the Lookup Service.
Very Large Business License
Website
the Provider’s website at www.simplypostcode.com from which the Provider will provide the Lookup Service.
Web "Popup" Postcode Lookup
a small script that when added to a web site, offers a Postcode search facility, with address selection.
You (and Your)
a Customer or User of the Lookup Service.
2. The Service
2.1
Once the Customer registration has been submitted to and accepted by the Provider, the Customer will be given 30 days to trial the Lookup Service, with no charge. During this period the Provider may restrict the Customer to a subset of the Database comprising a single Postcode District.
2.2
The Service is provided solely for Your own use under the terms set out in section 11.2 of this Agreement. You are explicitly prohibited from copying, reproducing, publishing, selling, leasing, lending, extracting, reutilizing or otherwise parting with possession or control of, or relaying or disseminating Delivery Points. You are also prohibited from marketing or otherwise distributing the Lookup Service and/or Software without the explicit written permission of the Provider.
Normal data supply activities includes any activities carried out by the End-User as part of or in connection with its day to day business of providing address database services to third parties and may, as appropriate, include (but not be limited to) mailing list supply to mailing houses or other mailing list purchasers and the provision of sample address lists for market research purposes, but shall not include further database cleansing by the End-User, or the licensing of any third party by the End-User to reproduce the Cleansed End-User Database or to use it for database cleansing purposes
2.3
The Customer hereby acknowledges that it will be liable to and will indemnify the Provider for any loss the Provider suffers arising from a breach of section 2.2. whether caused by the Reseller, Customer or a User
2.4
The Provider reserves the right to vary the technical specifications and interfaces of the Lookup Service at anytime, or change AccountID, Data Keys or Passwords, giving the Customer/Reseller as much notice as is practically possible, if it will seriously affect the functionality of the Lookup Service and/or Software.
2.5
The Provider reserves the right to check the identity (IP address or URL) of the Customer or User which is using the Lookup Service, to determine that the Lookup Service is being used in accordance with this Agreement.
2.6
It is the Customers responsibility to receive e-mail based on the AccountID, especially with regard to section 4.6.
2.7
The Provider reserves the right to terminate any evaluation of the Lookup Service without notice
3. The Software
3.1
All rights including intellectual property rights in the Software and the Website belong to the Provider.
3.2
The Customer may download the Software from the Website and copy it to the extent necessary for the Customer and Users authorized by the Customer to use the Lookup Service.
3.3
The Software may not be decompiled, modified, sub-licensed, rented, or leased. The Customer’s license to use the Software in accordance with Agreement is not transferable.
3.4
The Application Definitions may not be copied to use in any third party software, and remain the intellectual property of the Provider.
3.5
The Customer, when using the Lookup Service via Web Service, must make sure each user is identified by a unique user name, in each call to the Lookup Service if used internally.
4. Universal Per Click License
4.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 4.5 in accordance with the terms of this License Agreement.
4.2
The price for the Credit Packs is set out on the Website or by Quote.
4.3
Each Delivery Point supplied to You will reduce the Customer’s current active Credits Pack by 1 credit.
4.4
Excessive Delivery Point Queries will result in a reduction of the current active credits pack by 1 credit.
4.5
Each Credit Pack will expire after 12 months, and any unused credits will expire.
4.6
Low Credits warnings will be sent to the AccountID, e-mail address and is returned as part of the Lookup Service.
4.7
Payment will be made within 7 days of Purchase.
4.8
The Credit Pack will be put on stop if not paid for by the due date, and will remain on stop until payment is received.
4.9
The use of this license for Bulk Data Hygiene is prohibited unless otherwise entered into separate agreement.
4.10
This License can only be used by Customer for Internal Use or External Use.
5. Unlimited External Use License
5.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 5.4 in accordance with the terms of this License Agreement.
5.2
The price of this license is set out on the Website or by Quote.
5.3
Allows Reasonable Use unlimited access the Lookup Service.
5.4
Each License will expire after 12 months.
5.5
5.6
5.7
5.8
Use must not exceed 10 million addresses per year.
5.9
This License can only be used on a Customers Web Site.
6. Internal Use Medium Business License
6.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 6.5 in accordance with the terms of this License Agreement.
6.2
The price, and maximum number of users, of this license is set out on the Website or by Quote.
6.3
Any third party software using the Lookup Service, in conjunction with a license of this type, will provide a means of identifying each user of the Lookup service by supplying a unique User ID with every request for information.
6.4
6.5
Each license of this type will expire after 12 months.
6.6
6.7
This License will beput on stop if not paid for by the due date, and will remain on stop until payment is received.
6.8
Allows unlimited number of delivery points, per user.
6.9
6.10
This License can only be used by an Employee of the Customer.
7. Internal Use Large Business License
7.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 7.5 in accordance with the Terms of this License Agreement.
7.2
7.3
7.4
7.5
7.6
7.7
This License will be put on stop if not paid for by the due date, and will remain on stop until payment is received.
7.8
7.9
7.10
8. Internal Use Very Large Business License
8.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 8.5 in accordance with the Terms of this License Agreement.
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
Allows unlimited number of users per day.
8.10
8.11
9. Organisation Use License
9.1
The Customer may use the Lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 9.5 in accordance with the Terms of this License Agreement.
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
This License can be used by Customer for Internal Use or External Use.
10. Account History
10.1
The Provider will keep records of the Customer’s usage of License, Credits and Credit Packs, which information can be viewed by the Customer within the Customers Account online. The Provider’s determination of such usage shall be final and definitive.
10.2
The information referred to in section 10.1 will be provided for a maximum of thirteen months, or 30 days after the expiry of a Credit Pack/License (whichever shall first occur).
10.3
The Provider will keep records of the Customer’s payment for Credit Packs, which information can be viewed by Customer within the Customers Account online.
10.4
The information referred to in section 10.3 will be provided for a maximum of two years.
11. Grant of License
11.1
The Customer/Reseller warrants to the Provider that the registration information supplied is true, complete and accurate and that the Customer has full authority to enter into this Contract.
11.2
The Provider hereby grants to you the non-exclusive right for the License Period to use the Lookup Service subject to the terms of the Royal Mail End User License, which specifically states the Lookup Service can be used by You to:
11.2.1
search for individual address and/or postcode; and/or
11.2.2
a point on a map
11.3
The Contract commences from the date on which the Customer/Reseller creates an account with the Provider.
11.4
These Conditions shall form the terms and conditions of the Contract, and set out the entire agreement, and shall apply to the exclusion of any other terms or conditions whether express or implied, including those implied by law (insofar as their exclusion is lawful).
12. Termination and Suspension
12.1
The Provider may suspend or terminate the Contract immediately by giving the Customer/Reseller notice if the Customer is in breach of the Contract and fails to remedy the breach within a reasonable period of being asked to do so or if the Customer/Reseller is in breach of clauses 2.2 or 14.2.
12.2
The Provider may terminate the Lookup Service without any cause on 30 days notice to the Customer/Reseller, and in such event, the Provider will refund to the Customer/Reseller the value of Credits unused at the date of termination if Web Use.
12.3
If the Provider delays in acting on any breach of the contract, then that delay will not be considered to be a waiver of the breach.
12.4
If the Provider reasonably believes that the Customer’s abnormal use of the Lookup Service is impairing the system performance, then the Provider may suspend the Customer’s access to the Lookup Service, until the cause of the impairment has been resolved.
12.5
The Provider may temporarily suspend the Lookup Service for emergency or urgent operational reasons but where practical will give the Customer advance warning of such suspension.
12.6
The User shall upon reasonable prior notice grant Royal Mail, or Provider be given reasonable accompanied access during working hours to its premises, accounts and records relevant to this License Agreement for the purposes of verifying and monitoring the User’s compliance with its obligations under this License Agreement.
12.7
No refunds will be given, unless in the pursuit of clause 12.2.
12.8
The Provider reserves the right to suspend the Lookup Service, having given reasonable warning, if any Invoices are overdue for any other service/software/consultancy with the Provider.
13. Security
13.1
If the Customer suspects that there has been unauthorized usage of the Lookup Service, then the Customer may request the Provider to issue to the Customer a new AccountID, and/or password to enable continued use of the Lookup Service.
13.2
The Customer/Reseller shall be responsible for the safekeeping and security of its Password and AccountID and Data Key disclosed.
13.3
The Customer/Reseller shall notify the Provider immediately if it believes that the AccountID, Data Key or Password is likely to be used in any unauthorised way.
14. Warranty & Liability
14.1
The Provider will use reasonable endeavours to:
14.1.1
Maintain the Website and Lookup Service availability 24 hours a day, 365 days a year, subject to planned maintenance and matters outside the Provider's reasonable control. The Customer acknowledges that from time to time events may occur which affect the availability of the Lookup Service.
14.1.2
Apply regular updates to the Database accessed by the Lookup Service.
14.1.3
Regularly check the Software and Website with the latest anti-virus checking Software.
14.2
The Customer/Reseller will at all times use the Service in a moral, proper, legal way.
14.3
The Provider shall not be liable to the Customer/Reseller in contract, tort or otherwise and including liability for negligence for:
14.3.1
The accuracy of data contained in the Database.
14.3.2
Any loss of profits, loss of contracts or business, loss of goodwill, wasted expenditure and/ or any indirect or consequential (including economic) loss of any kind, which the Customer/Reseller may suffer by reason of any act, or omission of the Provider.
14.3.3
Any loss or damage, which the Customer/Reseller may suffer which is greater than the price paid by the Customer/Reseller for the License/Credit Pack active at the time that such loss or damage occurs
14.3.4
Any failure by providers of telecommunication, equipment or Internet services to provide a service sufficient for the complete downloading of the Software or the operation of the Lookup Service.
14.3.5
The use of the Software or the Service with any third party software other than that specified by the Provider on the Website.
14.3.6
Provided that nothing shall exclude the Provider’s non-excludable liability in respect of death or personal injury caused by the negligence of the Provider or affect the statutory rights of a Customer dealing as a consumer.
14.4
The Provider warrants that it has the right to provide access to the Database and to provide the Lookup Service to the Customer. As far as it is aware, the use of the Software or the Lookup Service by the Customer will not infringe any third party Intellectual property rights
14.5
In the event of breach of this Contract by the Provider, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Provider exceed the value of the Customer’s Credit Pack/License active at the time of the breach.
15. General
15.1
This agreement shall be governed by English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
15.2
Each and every obligation contained in these Conditions shall be treated as a separate obligation and shall be severally enforceable notwithstanding the non- enforceability of any other such obligation.
15.3
The Provider will not be liable if it is prevented or delayed in the performance of any of its obligations under this Agreement by acts, events, omissions or accidents beyond its reasonable control.
15.4
For the avoidance of doubt nothing in this Agreement shall confer on any third party, any benefit or the right to enforce any provision of this Agreement.
15.5
The Provider will notify the customer if any amendments or variations to this agreement are made within three months of the amendments or variations coming into affect.
16. Reseller
16.1
The Reseller may supply the Software/Service provided by the Provider, provided it complies with section 16
16.2
The Provider has the right to change any commission giving 28 days notice
16.3
The resellers either opt to either:
16.3.1
Allow the Provider to invoice the end customer direct. The reseller is then paid commission for each sale, at the end of the calendar month, when the commission is greater than £100.
16.3.2
All sales are paid for by the reseller, at the agreed retail price less reseller commission.
16.4
The Reseller must ensure each Customer has its own Customer account.
16.5
The Reseller must ensure that customer details, entered within the Reseller account, are correct,
16.6
The Reseller must not claim to be a PAF registered reseller.
16.7
The Reseller must ensure the customer understands and conforms with “Royal Mail - End User Terms” document.