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Junior Member
Join Date: Jan 2008
Location: Aberdeen, Scotland
Posts: 10
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Re: Marketsafe UK
Hello Everyone,
Thanks for pointing out the small clause in the Marketsafe Terms and Conditions..... I've just recently signed up for a mailing list and can confirm 100% that the sales person did not mention any automatic renewal after 12 months, she did however advise that I could use the service for 12 months as long as I had search credits available.
Once you accept you get an email sent to you with the following
Quote:
Thank you for using Marketsafe.com 'The essential toolkit for sales and marketing experts'
One of our customer services representatives will confirm you have everything you need within the
next 48 hours, in the meantime please check you are happy with your terms and conditions and Order Confirmation.
To activate your account just log on to: www dot marketsafeuk dot com
Your Username is: ********(case sensitive)
Your Password is: ********(case sensitive)
Read and then electronically accept the Terms and conditions on screen to access your reports
Please feel free to contact your personal account manager on:
(0870) 8508566 for General queries and New Products.
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Now notice the first tell tale sign in the email
Quote:
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Read and then electronically accept the Terms and conditions on screen to access your reports
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The email also contains the terms and conditions in a pdf format the contents i've posted below for all to see (hope thats ok?) The clause you want to view is 8
Hope this is of use..... (ive had to change the links as I cant post them yet, hope you can work them out though)
Quote:
Marketsafe.com Ltd Terms and Conditions
Signed Terms and Conditions
1. Agreement
1.1. This is an Agreement between you and marketsafe.com Limited (“marketsafe”) regarding the use of the
marketsafe service. Which is defined as one or more of the following providing information on third parties,,
Media Solutions and List Broking (“the Service”). The Service purchased is confirmed on the Order
Confirmation.
1.2. By accessing or using our information you are accepting:
(a) to be bound by our terms and conditions contained in this agreement and posted on our website 'www dot marketsafeuk dot com'
(b) All details contained on your Order Confirmation and invoice.
2. Agreement Period
2.1. This Agreement shall be in force for the term set out on the Order Confirmation, or, if no term is
specified on the Order Confirmation, for a period of 12 months from the date as confirmed on your Order
Confirmation.
2.2. You may be contacted during this agreement period regarding new developments and products.
2.3 From time to time marketsafe may make alterations to the Data or service that you enjoy. marketsafe will
take all reasonable steps to inform you of these changes with as much advance warning as possible.
3. Charges and Payment
3.1. In consideration to marketsafe providing you with the Service, materials and information you agree to
pay the amount specified in your order confirmation on the times and dates specified therein. Unless
otherwise specified in the Order Confirmation all payments must be made within 21 days of invoice date. If
you fail to pay the amount specified on the order confirmation and or invoice on the times and dates agreed
the full amount will become due with immediate effect. On renewal of this Agreement, pursuant to clause
3.2, all payments shall be made within 21 days of invoice date.
3.2. You agree that marketsafe may review the Standard prices for the Service. Any price increase to the
Standard price would only come into effect at the time of Annual Renewal or upon the start of a new
agreement. marketsafe will give you one month’s notice of any increase to the Standard price and at least
two months notice of the said increase before the renewal of each twelve month Agreement period.
3.3. The price for the Service shall be exclusive of any value added tax which amount you will pay in
addition when it is due to pay for the Service.
3.4. If the Customer fails to pay marketsafe any sum due pursuant to the Contract, the Customer shall be
liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4%
above the base lending rate from time to time of HSBC Plc, accruing on a daily basis until payment is made,
whether before or after any judgment. The Company reserves the right to claim interest under the Late
Payment of Commercial Debts (Interest) Act 1998.
4. marketsafe’s Proprietary Rights
4.1. Except as expressly provided herein access to the Service and use of the Database does not grant you
any database rights or rights in the copyright, trade marks or any other intellectual property rights of
marketsafe or any third party.
4.2. The information, materials and Database made available to you are protected by copyright and other
intellectual property rights. You acknowledge that you are not permitted to copy, reproduce or modify any
such information, materials or Database without marketsafe’s written permission. marketsafe may take steps
to assist identification of its information and materials including (without limitation) data encryption, addition
of dummy records or any other technical or other method marketafe.com considers necessary.
4.3. marketsafe shall be entitled (at its own expense) during business hours to enter your premises (or to
access your computer systems remotely) and audit and monitor your compliance with the terms of this
Agreement. You will provide reasonable access to your computer systems as necessary for the performance
of the audit and monitoring exercise. marketsafe agrees to comply with your security and confidentially
procedures and to keep confidential any passwords or user ID’s given to it by you for this purpose.
5. Your Obligations and Conduct
5.1. You agree to abide by all laws & regulations applicable to your use of the service and not withstanding
fore going to comply in all respects in the data protection act 1998.
5.2. The information, materials and Database made available to you are provided solely for your own use
and you will not, without our written permission, transfer or sell or attempt to transfer or sell your access to or
use of the information , materials, Database or website (or any part or facility of it) or any of your rights or
obligations under this Agreement to any other person unless:-
(a) That use is the purpose for which the access has been granted for; or
(b) It is expressly permitted by marketsafe in writing.
5.3. During this Agreement you agree not to:
(a) Use the website, information, materials or Database fraudulently, in connection with or for purposes of a
criminal offence, or otherwise unlawfully;
(b) Attempt to gain unauthorised access to the information, materials, Database or website or other networks
connected to the website, through any means whatsoever; or
(c) Modify any of the information, materials, Database or any part of the website.
6. Password and Security
6.1. marketsafe will provide you with one account with a unique user name and password to enable you to
access the Service.
6.2. You agree that
(a) Only one person in your organization may access the Service at any one time; and
(b) You are responsible for maintaining the confidentiality of your user name, password and account details,
you are fully responsible for all activities using your user name, password or account.
(c) You will immediately notify marketsafe of any unauthorised use of your user name password or account
and agree to exit your account at the end of each session.
6.3. For the avoidance of doubt you shall not provide direct access to the Service to any third parties.
7. Obligations, Warranties and Limitation of Liability
7.1. The material and information that you are provided with is collated from Public Sources that are out of
marketsafe’s control. Whilst marketsafe aims always to maintain a quality fully operative service, the Service
and Alliance Partner services are nonetheless provided on an “as is”, as available basis without warranties
of any kind, whether express or implied.
7.2. Specifically marketsafe gives you no warranty or assurance about the contents of the information,
materials or Database. Whilst marketsafe does endeavour to maintain the accuracy and the quality of the
information, materials and Database, they may be incorrect or out of date. Therefore any use you make of
the information, materials or Database is at your own risk.
7.3. marketsafe disclaims all liability in contract (including negligence) or otherwise in connection with the
Service and Alliance Partner Service for any indirect, incidental, third party, special or consequential loss,
loss of profit, revenue, savings or data which may result from the use, delays in use, or inability to use the
Service.
7.4. marketsafe’s entire liability in respect of all claims arising out of or in connection with this agreement or
its subject matter in any 12 month period (considered retrospectively from the date on which the course of
action arose) shall not exceed an amount equal to the sums payable by you to marketsafe in respect of that
12 month period.
7.5. Nothing in this clause 7 or any other provision of this Agreement shall seek to exclude or limit liability for
death, personal injury or fraudulent misrepresentation.
7.6. If marketsafe believes that you have breached any provision of this Agreement or in the event of your
insolvency or bankruptcy marketsafe may, with immediate effect and without notice, terminate this
Agreement or suspend access to the Service.
8. Termination
8.1. To terminate your agreement with marketsafe you must give written notice at least 30 days
before the agreement anniversary
8.1.1 Such notice must be served by either recorded first class post to the registered address of
marketsafe (*), or by, Electronic Mail to 'customer dot support @ marketsafeuk dot com'
8.1.2 Upon receipt of the written notice marketsafe will provided you with a unique Advanced
Termination Reference Number (ATRN) via the secure email address nominated by you to
marketsafe for the administration of your account.
8.2 No such notice will be deemed valid, until such time as you have received your unique (ATRN)
from marketsafe.
8.3 Failing this your agreement will be renewed automatically for a further 12 Months.
8.3.1 All ‘Discounted Products’ and ‘Introductory Offers’ will be charged at their normal
standard price.
8.3.2 For all ‘Open access’ Reports or ‘Freedom’ packages, usage will be capped at:
1. Limited Company reports - 200 reports per annum
2. Non Limited Company reports – 300 reports per annum
3. Imaged Company Reports – 100 reports per annum
4. Limited Company prospects – 3000 prospects per annum
5. Non Limited Company prospects – 3000 prospects per
annum
8.4 Additional Provisions in respect of List Broking
8.4.1 Following an automatic renewal of List Broking under clause 8.1 the Customer will continue to
be able to obtain updates on the same basis as agreed in the original Order Confirmation being
either monthly, quarterly or annually. It is the responsibility of the customer at all times to request
an update.
9. Effect of Termination
9.1. On termination for whatever reason, you must take reasonable steps to delete any information,
materials or Databases or any part of the website copied to any hard disk or other permanent storage device
and neither you nor any third party will make any further use of such information, materials or database.
9.2. If requested by marketsafe you agree to provide evidence that all information has been deleted and or
permit Marketsafe to conduct on on-site audit of all databases, data, software and system files relating to
use and storage of marketsafe information.
9.3. Upon termination clauses 4, 5, 7, 9 and 12 shall continue with full force and effect.
10. Indemnity
10.1. You agree to indemnify, defend and hold marketsafe, its parents, subsidiaries, affiliates, officers and
employees harmless from any loss, cost, damage, claim, award or demand, including reasonable legal fees:
(a) Made by any third party or incurred or suffered by marketsafe or its parents, subsidiaries, affiliates,
officers or employees in connection with your use of the Service in breach of this Agreement or negligence
(b) Which marketsafe may sustain or incur as a result of any breach by you of the provisions of the Data
Protection Act 1998.; or
(c) Made by your customer relying on the contents of the information, materials or in any other way
connected to the provision of the Service.
11. Assignment and Resale
11.1. This Agreement is for a single user and is personal to you. You will not without prior written consent of
a Director at marketsafe re-assign, re-sell, sub-lease or in any other way transfer the Service or any of your
rights or obligations under the terms of this Agreement.
12. Force Majeure
12.1. marketsafe will not be liable for failure to perform any obligation under this agreement if such failure is
caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control
of marketsafe, including without limitation Internet outages, communications outages, fire, flood war or act of
God.
12.2. These terms shall survive any termination of this Agreement.
13. Miscellaneous
13.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck
out and the remaining provisions shall remain enforceable.
13.2. The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement
and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement
13.3. The terms of this Agreement and the provision of the Service and the relationship between you and
Marketsafe shall be governed by the laws of England and Wales. You agree irrevocably to submit to the
exclusive jurisdiction of the courts of England and Wales.
13.4. The failure of marketsafe to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such a right. This Agreement constitutes the entire agreement between you and
Marketsafe in relation to the Service.
13.5. Notwithstanding any other term of this agreement marketsafe does not limit or exclude liability for
death or personal injury arising from its negligence
13.6. You agree to abide by all laws & regulations applicable to your use of the Service and not withstanding
fore going to comply in all respects in the data protection act 1998.
14. Additional Conditions in respect of Media Solutions
14.1. marketsafe is not responsible for the quality or availability of the content produced by the Media
Solutions sources. Should any of the Media Solutions service and content be deemed to be infringing any
law or right of a third party, marketsafe has the right to remove the infringing material without obtaining the
customers consent. marketsafe will be entitled to take all such steps that it considers to be necessary for the
purpose of bringing an end to such infringement. marketsafe is not liable for Customer’s negligence or
misuse of the Media Solutions service or content from third parties. Where access to websites require
payments the customer will be responsible for paying the same.
(*) Registered address of marketsafe – Ravens Court, Brewery Lane, Bridgend, CF31 4AP
231007 DB/PB/RP V.10 [.com]
Marketsafe.com Ltd
Company Number: 05046335
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17-12-2007, 11:07 AM
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