Terms & Conditions –
These Terms, Data Policy, and any document expressly referred to in them constitute the entire agreement between you and us in relation to your Subscription Order, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into a Subscription Order you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Subscription Order.
Your Subscription Order may contain Special Conditions which will also be governed by these Terms and any other documents provided in relation to such Special Conditions.
Our rights to vary these terms –
- We may vary these Terms as they apply to your Subscription from time to time.
- If we vary the Terms, the updated Terms will supersede any and all other terms previously provided. Unless you give us written notice that you will not accept these varied Terms (in which case your Subscription shall cease from the date the updated Terms were to take effect), these varied Terms will take effect at your next Renewal Date (in the case of those on a Rolling Subscription) or at your Expiry Date (in the case of those on a Fixed Term Subscription at such time as you sign a new Subscription Order).
- (BULKSMSDATABASE) BSD™ will inform you when the Terms have been varied.
- Subject at all times to our right to vary as described above, the Fee, Period, number of Accounts, Features, Export Allowance, Data Usage Rights, Special Conditions, or Terms of your Subscription may be varied at any time by mutual consent in writing.
Payment Terms –
- The Fee for your Subscription will be as quoted on the Subscription Summary.
- We reserve the right to change Fees from time to time; for example, as a result of (i) our annual Fee review and/or (ii) to reflect the cost of additional data or features on our Platform. You will be given an appropriate notice period and retain the right to terminate.
Late Payments –
- We reserve the right to suspend any Subscription until payments are up to date. Please note that this does not remove any contractual obligations and you remain liable for any overdue and ongoing payments.
Accounts & Access –
- You are ultimately responsible for the actions of all your Users and ensuring that they comply fully with your Subscription Order. If any User is in breach, (BULKSMSDATABASE) BSD™ reserves the right to terminate your Subscription and initiate any other action, legal or otherwise, it deems appropriate to protect its interests and safeguard the (BULKSMSDATABASE) BSD™ Platform.
- Users are forbidden from giving anyone else (including a team member) access to their Account. We reserve the right to monitor Account usage to prevent this.
Data Policy –
- Please refer to our separate Data Policy which dictates the rights and restrictions surrounding your use of (BULKSMSDATABASE) BSD™ Data. We would urge you to contact us if you are at all unsure about the limitations placed upon you by such policy or if you are unsure about any aspect of the Data Policy.
- You may not systematically store, copy, Publish, or share (BULKSMSDATABASE) BSD™ Data with a view to creating or compiling any form of comprehensive collection, compilation, directory or database including, for the avoidance of doubt, in relation to any CRM application. In addition, you may not facilitate any other party doing the same.
You hereby agree to indemnify us in relation to any claim, expense, liability, losses and costs (including legal fees) incurred by us and arising from any breach by you or your Users of the Subscription Order. This shall be without prejudice to any other action (BULKSMSDATABASE) BSD™ may be entitled to take against you in the event of a breach. You will still be liable for any outstanding Fees.
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