Terms and Conditions
If this is the first time you’ve considered purchasing data and marketing services, standard terms and conditions can be quite lengthy and complex. In order to help you, we’ve provided a summary of the main points of our terms and conditions in plain english.
Newscast Marketing is a trading division of Newscast Media Group Ltd.
DISCOUNT AGAINST BOOK RATE
Traditionally, all marketing and advertising agencies have book rates – a “ratecard”. With Newscast Media Group Ltd. and other agencies, discounts are offered against the book rate to make our services more affordable and attractive. Our book rate for multiple usage email marketing data is £400 per thousand. As part of our promotion to you, you may have been offered a discounted rate.
Payment of Newscast Media Group Ltd. invoices are prior to the provision of the service by immediately available funds, together with any other charges agreed or referred to in this agreement on or before their due date for payment.
THIS IS A MULTIPLE USAGE LICENCE – EXPLANATION
This agreement allows you to use the data we’re providing you with as many times as you like over the next 12 months – a “multiple usage licence”. The license starts on the day you get the data and ends exactly 12 months after that. All the data we sell is on multiple usage and there’s a good reason for that. Marketing is a process. You know that you’re not going to become a millionaire overnight from one email or postal campaign. Rather, getting your name known and trusted happens over time. Your account manager and everyone at Newscast Media Group Ltd.is here to help you get the most from your 12 months with us. Selling you one-time use would be selling you short – that’s why we don’t do it.
WHY WE LICENCE THE DATA AND NOT SELL IT OUTRIGHT?
This is one of our most frequently-asked questions. Why do we keep ownership of the data, the database rights and the intellectual property but allow others to use it? There are three main reasons –
a) If a customer is doing with the data something, we don’t want them to do (covered later) or something our other customers like you don’t want them to do, we have to be able to stop them to protect the recipients,
b) We have certain obligations to you that we have to perform under various different bits of legislation both from Britain and the EU. We need to be able to perform these functions to protect you. These functions include the removal of someone from all copies of a database, the preference services, Data Protection Act and so on.
b) Newscast Media Group Ltd. (and where applicable its suppliers) have invested significant time, energy and resources into the compilation of the database. As you do with what you sell, we need to protect our investment.
WHAT CAN I DO WITH THE DATA?
You can promote your own products and services as many times as you like to the database by phone, email, mail and fax over the course of a 12-month period. All that we ask is that you only advertise products of benefit to the business and not the recipient (so, for example, advertising public liability insurance is fine but not personal car insurance). For any issues regarding this, please contact your account manager.
WHAT AM I NOT ALLOWED TO DO WITH THE DATA?
a) Pass the database on to a company unconnected with your company, whether you charge for it or not.
b) Use the database as part of a service where you promote other businesses’ products and services where those businesses are not connected with your company, whether you charge for it or not
c) Create a publicly accessible website with this data on it (for example, we’re fine if you put it on salesforce.com where your team can access it but not if you create a directory site from it, even if you make no charge for accessing the site)
WHAT IF MY COMPANY DOES SOMETHING THAT’S NOT ALLOWED?
Our First Presumption Is That Any Disallowed Use Is Accidental. We’ll Ask You A Few Questions About It And Give You Helpful, Practical Advice On How To Avoid Doing It Again. There Have Been A Handful Of Cases Where Someone Has Bought Data From Us With The Specific Intention Of Selling It On Or Using It As Part Of A Bureau Service. In These Instances, We Take Legal Action And Attempt To Recover The Book Rate For Each Time The Data Has Been Misused.
In The Case Of Email Broadcasts, The Advertiser Is Solely Responsible For Submitting To Newscast Media Group Ltd. Suitable Copy Not Later Than Five Working Days Before The Agreed Date Of Broadcasts Or Another Earlier Date If Agreed By The Advertiser. Should Suitable Copy Not Be Submitted By That Date We Reserve The Right To Cancel The Broadcast, Although Having Reserved The Date, The Full Amount Remains Payable.
I USE ANOTHER COMPANY TO DELIVER MY MARKETING. CAN THEY HAVE THE DATA?
Yes, Most Definitely. A Good Number Of Our Customers Will Use Another Company To Deliver Their Postal & Email Campaigns Or To Carry Out Telesales Drives For Them. All That We Ask Is That You Make Sure That Your Partner Marketing Company Only Uses The Data We’ve Licensed To You On Your Campaign.
DATA QUALITY & GUARANTEES
For Each Business We Provide The Direct Contact Details For The Most Senior Decision Maker Available, A Typical Record Will Contain: Position, First Name, Last Name, Direct Email Address, Direct Line Telephone, Postal Address. Our UK Data Suppliers Are Members Of The DMA (The Official Body For Direct Marketing)
ARE THERE ANY REASONS EITHER OF US CAN PULL OUT OF THIS AGREEMENT?
You Can Withdraw From This Agreement By Letting Us Know You Don’t Wish To Go Ahead Anymore. However, We Need To Know This As Soon As Possible. We Can’t Terminate A Verbal Or Written Agreement However There Are Certain Times We Can Suspend The Licence For You To Use This Data. They Are…
• If Your Business Becomes Subject To Legal Distress Or Execution,
• If You Offer To Make Arrangements With Your Creditors,
• If Your Business Becomes Bankrupt, Has A Receiver, Administrative Receiver Or Administrator Appointed,
• If Any Order Is Made Or A Resolution Is Passed Or Proceedings Are Taken For Your Winding Up, And/Or
• If You Cease To Carry On Or Threaten To Cease To Carry On All Or A Substantial Part Of Your Business.
Good Marketing Practice Is A Balance Between Looking After A Customer’s Interests And Looking After The Recipients’ Interests. If A Company Goes Into Distress And There Is A Question Mark About Whether An Order (Paid For Or Not) Can Be Fulfilled, We Have To Protect The Interest Of The Recipients At These Times. We Can Also Suspend Your Usage If You Use The Data In Ways Not Permitted As Described On The Page Before This.
WHAT HAPPENS AT THE END OF THE TWELVE MONTHS?
Anyone Who Has Responded To Your Campaigns In Any Way During The Twelve Months Is Now Your Contact – You Have A Relationship With Them And Are Free To Contact Them Outside The Terms And Conditions Of This Agreement. Outside The 12 Months, Unless You Renew Or It’s Indicated On The Front Page Of This Agreement, You Aren’t Allowed To Contact Recipients You’ve Not Established A Relationship With.
THANKS FOR CHOOSING US
We’re An Experienced Marketing Company With Lots Of Talented Staff And Over 1,500 Customers To Our Name. We Really Look Forward To Working With You. Any Good Business Relationship Is Based Upon Good Communications, Openness And Transparency. If There’s Anything You Need Now Or In The Future, Please Contact Us Straight Away