Terms & Conditions

Precision Marketing Information Limited
Trading as Data Ireland

Note: Please read this Agreement before using the Business.ie database ("The Product"). Proceeding to use this product indicates your acceptance of the General Terms & Conditions. This is a legal agreement between you (the individual, the company and its employees "The Customer*") and Precision Marketing Information Limited ("The Company"). By licensing the Business.ie, its software and data at an "upgraded" level ("The Product") you are deemed to understand, accept and be bound by the conditions of this Agreement. The Company is granting you, by means of licence the right to use the product while retaining title to The Product.

*Where a trial period of usage is granted at The Company's discretion, all of the Terms & Conditions in this and in the User Agreement are binding on any person(s) using The Product for that trial period.

1. Usage by Customer
   1. This Agreement grants the Customer usage of the product within the parameters allowed by the licence granted by The Company. The definition and extent of the Licence is defined by The Company and recorded and stored by The Company.
   2. The Customer may only use the Product for its own internal purposes in connection with its normal business activities. Such use may include communicating by mail, fax, telephone or otherwise with some or all of the persons or establishments listed in the database contained in the Product, but shall not include selling, supplying, (re)publishing or reproducing the contents of the Product or any (reconstituted) part, in any medium, media or format, or otherwise permitting any third party to use or have access to them or any part.
   3. The Customer may not:
      1. Make copies of the Product or any part of the Product
      2. Use the Product in a network or multi-user arrangement without authorisation from The Company
      3. Rent, lease, lend, sub-license or transfer the Product to any third party
      4. Alter, decompile, disassemble or reverse-engineer the data or software contained in the Product
      5. Remove or obscure The Company's copyright and trademark notices and markings
      6. Supply to, sell to, resell to, lend or hire The Product to any person, third party or organisation whether or not for profit. This applies to the Product in its entire definition (media, data, information and software)
   4. Data and Information Copyright: The data and information contained in the product is protected by Irish and international copyright law. This information may only be used on a view-only and reference basis and may not be copied in any form. Nor may the information be used for any purpose other than that permitted under view-only use. The only exception to the above Data and Information Copyright clause is where the Customer has purchased "credits" that allow the transfer of data to a printer or a storage device. Where The Customer has purchased credits they are bound by the Credits clause below.
      Credits:
      Credits supplied to the Customer by The Company entitle the transfer of copies of pre-specified fields of data from The Product to a printer and/or an electronic or hardware storage device. One credit entitles the transfer of data (the extent of which are determined by the Print and Exporting facilities in the software) of one company including one executive contact. Any data or information transferred is subject to the same usage and copyright conditions as outlined in clauses 1.1, 1.2, 1.3 and 1.4 above. The Company is not liable for replacing used credits where the User claims to have used those credits in error or by incorrect or inappropriate use of the Software and the Data. Credits entitle multiple usage of the product, permitting the User to use, analyse or access the data repeatedly within a ONE year period and to disseminate the data to one or more individuals within the Users legally defined entity. Ownership of the data remains with the Company in both cases. The usage category permitted for each order or contract is mentioned in the quotation received by the User.
   5. Replacement: The Company is not liable to the Customer for replacing The Product (its software, the data, credits or licences) where The Customer has deleted, lost, misplaced, corrupted or destroyed The Product in whole or in part or where an Act of God is deemed to have led to one of these outcomes. In this circumstance, the customer is liable to meet the full replacement cost for the product. The Company also reserves the right to levy (additional) charges arising from the process of replacing The Product for The Customer.
   6. Network Usage: The Product may only be used on a computer network where the Customer has acquired specific additional User licences for The Product. This Agreement applies to any individual viewing, accessing, or using The Product from a Network Server irrespective of having viewed or read this Agreement. The Customer's representative or Authorised Officer, who views or reads this Agreement is deemed to understand and accept its terms on behalf of all users within the customer's organisation.
      A network User is defined as any individual viewing and/or referencing the product at a networked PC or other terminal that is capable of displaying and/or manipulating the product.
   7. Each subscription shall be for a period of one year in duration year unless expressly agreed in writing by The Company. The licence fee will be automatically renewed at the end of the licence period unless expressly communicated to The Company in writing. The minimum notice required for cancellation of the licence is one month and any part or part thereof of the subsequent licence fee will be due as full and final settlement.
   8. The subscription commences no later than 5 working days from the date on the signed sales order form. Once the signed sales order/direct debit mandate has been received or payment has been made up front (credits only unless Post Pay Model is unemployed) the client will receive all necessary details regarding their subscription. Payment of the licence fee will be made quarterly in advance through direct debit.
   9. The Licence period is deemed to have started irrespective of whether The Customer has received the technical details and data necessary to start the licence. The onus is therefore on The Customer to ensure that the licence is acquired by no later than the 5 working days defined herewith in order avail of the full 365 day (annual) licence.
   10. Where the Customer wishes to act as an Agent or Broker for the Company, express permission, subject to the Company's Terms & Conditions, must be received from the Company in writing. Until such permission is correctly received, the Customer is bound by all the conditions and terms in 1.2, 1.3 and 1.4 above.
   11. The User shall assume sole responsibility for all use of the Product and will indemnify The Company against all liabilities, losses, damages, costs or expenses, however caused, incurred by The Company directly or indirectly as a result of any claim or course of action made or instituted against The Company by any third party arising from such use.
2. Data Protection
   1. The User assumes sole responsibility for ensuring that its use of the data complies, where necessary with the Data Protection Act 1988 and all superseding and related legislation and regulations regarding the use of personal data where that use is deemed to relate to personal data.
   2. If the data within the Business.ie is used specifically for direct marketing purposes then it is required to be cleansed against the National Directory Database every 28 days from the date of issue of the licence. Data Ireland can provide this service.
3. Software upgrades & Updates
   1. The Company reserves the right to update or upgrade its software and is not liable to The Customer for any direct loss arising out of the use of the Product prior to any such upgrade and will not in any event be liable for any indirect or consequential loss or damage including, without limitation, economic loss where an upgrade version of the Product is supplied.
4. Warranties
   1. The Company warrants that the product will perform substantially as described in its documentation and literature. The Company is not liable to supply the customer with any version of the product that is outside of The Company's normal product development schedule.
   2. The information contained in the product has been compiled in good faith by the Company and the data is believed to be correct at the time of entry. The Company has taken all reasonable care to ensure the accuracy and completeness of the data. The Company takes no responsibility for inaccuracies, errors or omissions and has entered the data on an "as-is" basis. Entries in the database are not to be construed as value judgments nor are any party being recommended or endorsed by The Company.
   3. The Company limits its total liability to The Customer for any direct loss arising out of The Customer's use of the Product or otherwise to an amount equal to the aggregate amount paid by The Customer to The Company for the Product and will not in any event be liable for any indirect or consequential loss or damage including, without limitation, economic loss.
5. Software Copyright
   1. The Company owns the software in the product. This software is protected by Copyright law.
6. Product Support & Technical Assistance & Help
   1. The Company offers product and technical support to the extent necessary to deliver a working version of the product to The Customer. The Company reserves the right to apply a Technical / Product Support charge per annum (as published in its print and electronic literature) or on an ad hoc basis as deemed necessary on a per Customer(company) or per user basis. The Company is not obliged to provide technical assistance for third party products, software or processes that might be used in conjunction with The product and reserves the right to levy a charge or charges on a minimum charge, time (per hour or part thereof) basis or any other basis that The Company has chosen to measure the delivery of service (E.g. premium call lines). The Company is not under obligation at any time to provide on-site installation, product, technical, usability or troubleshooting assistance and where such assistance is provided on-site, it is at the Company's discretion. The Company reserves the right to levy a fee where on site assistance is provided.
   2. While the employees, servants and agents of The Company are authorised to assist The Customer by means of the Help Desk facility, any assistance given by such employee, servant or agent shall be solely at the User's risk and The Company will not be liable for any loss or damage suffered by the User arising therefore.
7. Intellectual Property Rights
   1. All intellectual property rights in the Services, all documents, drawings and information (including any software), supplied by Data in connection with this Agreement will remain the absolute property of Data Ireland. Such documents, drawings and information will not be copied, disclosed or used (except for the purpose for which they were supplied) without the written consent of Data Ireland. No licence or other right is granted except as expressly set out in this Agreement.
   2. The copyright, database rights and all other intellectual property rights comprised in or relating to the Services and all compilations thereof and in any instruction manual and other documentation supplied by Data Ireland in connection with the Services are, and shall remain, the sole property of Data Ireland. No part may be published, reproduced or stored in any form or by any means without the prior written permission of Data Ireland.
   3. Company reserves the right to introduce seed entries in the data contained in the Product to enable The Company to monitor the use of the data and to ensure that there is no breach of these terms and conditions or infringement of its intellectual property rights.
   4. Third Party Release - Where it is necessary to release the data to a third party to enable fulfilment or processing relating to the product, The User remains responsible for the security of the product during and after release to the third party and for the subsequent retrieval of the data.
8. User Obligations
   1. The User may only use the Services for its own internal purposes in connection with its normal business activities. The user may supply the Services to another individual within the users legally constituted entity for processing purposes or multiple use as defined in point 8 of this document but shall not sell, supply or publish the Services or any part thereof, or otherwise claim to permit any third party to sell, supply or (re) publish the contents of the Services or any part thereof. The User may not rent, lease, or sub-license the Services to any third party.
   2. The User shall assume sole responsibility for all use of the Services and will indemnify The Company against all liabilities, losses, damages, costs or expenses, however caused, incurred by Data Ireland directly or indirectly as a result of any claim or course of action made or instituted against Data Ireland by any third party arising from such use.
   3. Data Ireland provides it's Services on multiple usage bases. Multiple usage of the product permits the User to use, analyse or access the data repeatedly within a ONE year period and to disseminate the data to one or more individuals within the Users legally defined entity. Ownership of the data remains with Data Ireland in both cases. The usage category permitted for each order or contract is mentioned in the quotation received by the User
9. Acknowledgment
   1. The Customer is deemed to have read, understood and agrees to be bound by the Agreement and by the other General Terms & Conditions Agreement of The Product as they apply to The User. Any term or condition applying to The User is also deemed to apply to The Customer except where the Customer has been granted alternative or additional uses or rights through this Agreement.
10. Entire Agreement
    1. These terms and conditions override or supersede any or all prior promises representations, understandings, agreements or arrangements oral or written, express or implied, between the parties at any time relating to the Product. No alteration shall be effective unless made in writing and signed by an authorised signatory of The Company.
11. Waiver & Severability
    1. Failure by The Company to exercise or enforce any rights available to it or the giving of any forbearance, delay or indulgence, shall not be construed as a waiver of The Company's rights under these terms or otherwise.
    2. If any provision of this Agreement and its Terms & Conditions shall be held to be void or unenforceable in whole or in part, the Agreement and its Terms & Conditions shall continue in force in relation to the unaffected provisions.
12. Licensing
    1. Product Licensing Activation is at all times the responsibility of The Customer. Please contact Data Ireland Technical Support on +353 – 1 – 8584800 for Product Licensing Activation.
    2. The licence period of any product begins on the sixth working day after the order confirmation date (as per signed order form).
13. Terms of Trade
    1. Where it is agreed that credit will be extended to the client the terms of trade are strictly 30 days from the date of invoice. Interest charges may apply on invoices settled after 30 days.
14. Cancellation
    1. Once the Company has received an order for the product, any subsequent cancellation will warrant the payment of up to 80% of the quoted price of the data as follows:
       • Post order but prior to data extraction 25% of the quoted price
       • Post order and post data extraction 50% of the quoted price
       • Post order and post delivery 80% of the quoted price
15. Returns / Refunds
    1. Where the data is used for postal mailings the Company will undertake to refund the quoted price of each verified unit of returned mail. Where the number of returned items exceed 10% the Company will refund the entire value of the order or contract subject to sight of each of the returned items and subject to the Company satisfying itself that returns did not arise as a result of the User's processing of the data or some extraneous action or event (e.g. by a third party delivery service) or as a result of an act of God.
16. Law
    1. This Licence is governed by the laws of the Republic of Ireland.