Website Terms and Conditions

Provided by Selectabase Ltd, 6 Sondes Road, Deal, Kent, CT14 7BW.

Unless otherwise specified, this website is directed solely at users registered with a UK address and who access this site from the UK. Selectabase Ltd does not make any representation that any product or service referred to in the materials on this website are appropriate for use, or available, in other locations or jurisdictions. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

For 1 Check users Selectabase Ltd provides users with unlimited access subject to the following express conditions (Permitted Use):

• (a) A single registered user account entitles the user to log into and use the service from a single PC at any one time. No multiple or automated logins are permitted.
• (b) The online TPS Check service is intended for standard business use and may not be used for systematic cleansing of data or for any reseller purposes.
• (c) Any use which, in the absolute discretion and opinion of Selectabase Ltd, may damage or affect the operation, quality or viability of the TPS Check service or is for any fraudulent, improper or unlawful purpose may result in suspension or termination.

Whilst Selectabase Ltd has taken all reasonable care in the preparation of the content of this website Selectabase Ltd gives no warranty, representation or undertaking that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person on the information.

Selectabase Ltd shall not be liable for any loss howsoever arising and including Consequential Loss that may arise from the use of the information contained in any of the materials on this website. 'Consequential Loss' shall for these purposes mean pure economic loss, loss of profits and losses arising from business interruption.

Certain (hypertext) links in this site will lead you to websites that are not under the control of Selectabase Ltd. When you activate any of these you will leave this website and Selectabase Ltd has no control over and will accept no responsibility for or liability in respect of the material on any other website.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

By browsing this website you accept that you are bound by these website terms and conditions which may be updated by us without notice. We therefore recommend that you check these website terms each time you revisit our site.

Please also note that our standard terms and conditions may also be updated by us at any time. The current terms in force when you place your order will apply and you should therefore check these terms before placing any order.

Selectabase Ltd shall not accept any responsibility for the contents of this website, any of the services offered or provided or for any reliance placed by any person on the contents of or products offered on this site. This does not affect your statutory rights.

You acknowledge that the internet or our systems, servers and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connection problems or any function beyond our control. You also acknowledge that access to the site may be terminated, interrupted or restricted at any time for any reason. We will not be liable for any failure of the internet or any inability to provide continuous, error free, uninterrupted services under any circumstances.

Privacy Policy

Selectabase Ltd is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy. We are fully registered under the Data Protection Act 1998 and comply with the Act and all related legislation in all our dealings with your personal data. Selectabase Ltd also complies with the Direct Marketing Code of Practice, where applicable, with particular reference to sections 5 and 19.

1) The information we collect and how we use it

When you use this website and/or place an order we may need to collect certain information about you including your name, postal address, e-mail address, telephone number, credit card number and expiry date and other information that we may reasonably require.

We gather this information to allow us to process any orders you may make and it is then used by us, our agents and sub-contractors to provide you with the service.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. However you are entitled to object to the processing of your personal information for direct marketing purposes and if you would rather not receive this information, please send an e-mail to admin@selectabase.co.uk

2) Cookies

We do not use cookies for collecting user information from the website and we will not collect any information about you except that required for system administration of the Web server and otherwise as described above.

3) How we protect your information

The internet is not a secure medium. However we acknowledge our responsibility to keep personal information collected about you safe and secure and we have put in place various security procedures and have taken extensive measures to keep your information confidential. The internal procedures of Selectabase Ltd cover the storage, access and disclosure of your information.

4) Access to information

You are entitled to ask Selectabase Ltd if data about you is being processed and, if required:

• the information constituting that data;
• a description of the personal data being processed;
• a description of the purposes for which the data is being, or is to be, processed;
• a description of the recipients or classes of recipients to whom personal data is or may be disclosed;
• information as to the source of the data, where available.

Please contact us by post or by sending an e-mail to admin@selectabase.co.uk. A small fee will be payable by you to Selectabase Ltd.

5) Updating your details

If any of the information that you have provided to Selectabase Ltd changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to admin@selectabase.co.uk or by sending a letter to 6 Sondes Road, Deal, Kent, CT14 7BW.

6) Sale of business

If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

7) Your consent

By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

8) How to contact Selectabase Ltd

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to admin@selectabase.co.uk.

Standard Terms and Conditions

1. Definitions

The following terms shall have the following meanings:

2. Agreement

In consideration of the payment by the Purchaser to the Supplier of the charges set out in the Customer Order the Supplier has agreed to supply the Purchaser with the Data, upon the terms set out in these Standard Terms and Conditions.

3. Supply of Data and/or Credits

The Supplier agrees to supply to the Purchaser the Data and/or Credits in the form, method of delivery and at the time specified in the Customer Order in accordance with and subject to these Standard Terms and Conditions.

Data

3.1 The Purchaser warrants that it will use the Data within 3 months from the Commencement Date notwithstanding the Data may have been supplied at a later date.

3.2 The Purchaser warrants that it will not sell lease hire loan pledge gift or otherwise make available dispose of or part with possession of the Data in any manner or on any medium in whole or in part or allow any other person to use or copy the Data in whole or in part.

3.3 Unless otherwise stated in the Customer Order the Purchaser warrants that it will only use the Data once and that it will not use the Data for any Improper Use.

3.4 For the avoidance of doubt one use of the Data shall be:-

3.4.1 where only the address is supplied then the once only use of each address for a mail campaign only;

3.4.2 where only the telephone number is supplied then the once only use of each telephone number in a tele-marketing campaign;

3.4.3 where the telephone number and the address is supplied then the once only use of the address in a mailing campaign and the once only use of the telephone number in a tele- marketing campaign.

3.5 The Purchaser warrants that the Data will only be used by the Purchaser for the Purchaser's own business use pursuant to the terms hereunder and the Purchaser will not transmit or otherwise reveal the Data to any person or persons not employed in the Purchaser's business.

3.6 If the Supplier has expressly agreed in writing that the Data is supplied by the Supplier to the Purchaser on an exclusive basis, the Supplier undertakes to use all reasonable endeavours to ensure that it will not itself during the Period supply the Data to any other party which is in the same or similar business as the Purchaser. Notwithstanding the foregoing and even if the Supplier has agreed that the Data is supplied to the purchaser on an exclusive basis:

3.6.1 the Supplier may supply the Data freely during the Period to any other party which is in the same or similar business where the Data Subject has specifically requested in writing to receive information on that particular subject matter;

3.6.2 the Supplier may supply the Data freely to any other party after the Period has elapsed; and

3.6.3 nothing in this clause shall prevent elements of the Data being utilised for the purposes of other list printed data developed for the purposes of addressing different subject matters or target groups from the Data

3.7 The Supplier does not warrant nor give any undertaking that the Data shall be free from errors or inaccuracies nor that it is a complete list of the category of persons or things described therein.

3.8 The Supplier does not undertake to provide replacement names where the Data is inaccurate or contains errors subject to:-

3.8.1 where satisfactory evidence is provided by the Purchaser to the Supplier within 3 months of the Commencement Date of fundamental discrepancies or errors in the Data then the Supplier may replace names at its absolute discretion.

3.8.2 where satisfactory evidence is provided by the Purchaser to the Supplier within 3 months of the Commencement Date that the person included in the Data no longer resides at the address or is not connected to the telephone number then the Supplier warrants to provide replacement names free of charge.

The Supplier shall have discharged its obligations under this clause if it has supplied replacement names and it shall be under no obligation whatsoever to replace those names if those names are themselves inaccurate or contain errors.

3.9 For the purposes of clause 3.8 the meaning of satisfactory evidence shall be:

3.9.1 production of dispatch marked "not known at this address" by the Post Office or words to similar effect; or

3.9.2 a written report from the Purchaser listing the errors or presenting evidence (acceptable to the Supplier) of the errors in sufficient detail; or

3.9.3 some other evidence that the Supplier may at its sole discretion accept as satisfactory.

3.10 The Supplier neither warrants nor guarantees nor is it a condition of this Agreement that the Data supplied is likely to be successful in the stated use.

3.11 Without prejudice to any other terms in this Agreement the aggregate liability of the Supplier in respect of claims of whatsoever nature arising out of or in respect of any breach by the Supplier of any obligations or duty relating to the Data or its sale supply or use (including without limitation any liability of Supplier for negligence or breach of copyright) under the terms of this Agreement or otherwise shall not in any circumstances exceed the total sum payable by the Purchaser to the Supplier under this Agreement.

3.12 The Supplier shall not be liable to the Purchaser for any indirect or consequential losses including but not limited to loss of profits, loss of earnings, loss of business or goodwill or business interruption or damages in respect of any breach of the terms of this Agreement.

3.13 The Supplier shall itself be entitled to contact any persons whose names are contained in the Data without the prior consent of or notification to the Purchaser.

3.14 The Supplier may inform the Purchaser from time to time by e-mail fax or telephone of the Supplier's products and services. If the Purchaser does not wish to receive this service or part of this service the Purchaser should inform the Supplier in writing at the Supplier's address.

3.15 Neither the Supplier's supplier nor the Data will be identified by the Purchaser as a source of reference except where required by law in relation to Data Protection legislation or the DMA Code of Practice or with prior written permission from the Supplier and the Supplier shall have the right to refuse such permission.

3.16 The Purchaser acknowledges and agrees that the Supplier shall have the right to include a number of check names in the Data in order to ensure that the Data is used in an authorised manner and in accordance with the terms and conditions of this Agreement.

Credits

3.17 The Purchaser warrants that it will not sell lease hire loan pledge gift or otherwise make available dispose of or part with possession of the Credits in any manner or on any medium in whole or in part or allow any other person to use the Credits in whole or in part.

3.18 Unless otherwise stated in the Customer Order the Purchaser warrants that it will only use the Credits once and that it will not use the Credits for any Improper Use.

3.19 The Purchaser warrants that the Credits will only be used by the Purchaser for the Purchaser's own business use pursuant to the terms hereunder and the Purchaser will not transmit or otherwise reveal the Credits to any other person.

3.20 Without prejudice to any other terms in this Agreement the aggregate liability of the Supplier in respect of claims of whatsoever nature arising out of or in respect of any breach by the Supplier of any obligations or duty relating to the Credits or its sale supply or use (including without limitation any liability of Supplier for negligence or breach of copyright) under the terms of this Agreement or otherwise shall not in any circumstances exceed the total sum payable by the Purchaser to the Supplier under this Agreement.

3.21 The Supplier shall not be liable to the Purchaser for any indirect or consequential losses including but not limited to loss of profits, loss of earnings, loss of business or goodwill or business interruption or damages in respect of any breach of the terms of this Agreement.

3.22 The Supplier may inform the Purchaser from time to time by e-mail fax or telephone of the Supplier's products and services. If the Purchaser does not wish to receive this service or part of this service the Purchaser should inform the Supplier in writing at the Supplier's address.

4. Duration

Data

4.1 Without prejudice to any other right or remedy the Purchaser's right to use the Data shall terminate upon whichever is the sooner of:

4.1.1 the expiry of a 3 month period commencing on the Commencement Date; or

4.1.2 subject to the Customer Order the use by the Purchaser of the Data by whatever medium.

4.2 Upon termination of the Purchaser's right to use the Data pursuant to sub-clause 4.1 the provisions of Clause 10 of these Terms and Conditions shall apply.

Credits

4.3 Without prejudice to any other right or remedy the Purchaser's right to use the Credits shall terminate upon whichever is the sooner of:

4.3.1 the expiry of a 12 month period commencing on the Commencement Date; or

4.3.2 subject to the Customer Order the use by the Purchaser of the Credits by whatever medium.

5. Charges

5.1 In consideration of the supply of the Data by the Supplier to the Purchaser, the Purchaser shall pay to the Supplier the charges set out in the Customer Order Form on the Commencement Date.

5.2 All fees, charges and other sums payable are payable in advance by the Payment Date unless otherwise stated and are subject to VAT at the rate then currently applicable.

5.3 Interest at the rate of 4% per annum above the base rate of Barclays Bank Plc from time to time is payable on all sums outstanding after the Payment Date.

5.4 If the Data is not supplied to the Purchaser for any reason, by the Latest Delivery Date (other than due to non payment by the Latest Delivery Date) then the Purchaser may immediately terminate this Agreement by giving notice in writing to the Supplier and shall have no further claim against the Supplier.

5.5 The Supplier will inform the Purchaser as soon as reasonably practicable of any delays likely to cause the Data to be delivered to the Purchaser later then the Latest Delivery Date and where both parties agree an extension period the date this period ends shall be the Latest Delivery Date.

5.6 If the Data is used more than once in breach of this Agreement the Purchaser shall pay to the Supplier the charges set out in the Customer Order for each such unauthorised use and for the purposes of this sub clause such sums will be deemed to be owing to the Supplier from the date upon which the unauthorised use occurred. Nothing in this clause shall act to create a licence to the Purchaser to use the Data.

6. Indemnity

6.1 The Purchaser indemnifies the Supplier against any loss or expense sustained by reason of any breach by the Purchaser of this Agreement

6.2 The Purchaser indemnifies the Supplier against any actions, proceedings, claims or demands in any way connected with this Agreement brought against the Supplier by a Third Party which are caused by or arise from any act or omission by the Purchaser pursuant to this Agreement.

7. Copyright and other Intellectual Property

All intellectual property rights, database rights and title in the Data will remain vested in the Supplier (or the Supplier's licensors) and to the extent that any rights in the Data vest in the Purchaser by operation of law, the Purchaser hereby assigns such rights to the Supplier. Nothing in this Agreement is intended to affect or give rise to any assignment of copyright or other intellectual property right howsoever conferred acquired or obtained over the Data and the Purchaser hereby acknowledges that it acquires no such proprietary rights.

8. Verification

The Supplier inserts a small amount of false Information into the Data for the purpose of ensuring that no breach of these Terms takes place by the Customer or any Purchaser. The Purchaser agrees not knowingly to delete any such false information and to notify the Supplier immediately upon becoming aware of any unauthorised use of the Data..

9. Termination

9.1 The Supplier may terminate this Agreement immediately by notice if the Purchaser has not paid the fees or charges due for the Data by the Payment Date.

9.2 Without prejudice to Clause 9.1 the Supplier may terminate this Agreement immediately at any time by giving written notice if the Purchaser commits any breach of the terms and conditions of this Agreement and fails to remedy such breach (where such breach is remediable) within 7 days of receiving written notice from the Supplier requiring it do so. Where the breach (for example, breach of Permitted Use) is deemed in the absolute discretion of the Supplier to be material the Supplier may suspend the Service indefinitely and without notice pending investigation and clarification of the suspected breach.

9.3 The Supplier may terminate this Agreement immediately at any time on the happening of any of the following events:

9.3.1 A material breach of these Terms and any special terms applying to a particular service, whether or not such breach is remediable.

9.3.1 A resolution for the Purchaser's winding up being passed, except for the purpose of a reconstruction or amalgamation, or

9.3.2 The Purchaser being unable to pay its debts within the meaning of the Insolvency Act 1986 Section 123, or

9.3.3 An encumbrance, a taking possession, or a receiver, or an administrative receiver being appointed or a petition being presented for the appointment of an administrative receiver in respect of the whole or any part of the Purchaser's undertaking or assets.

9.4 The Supplier may in addition terminate this Agreement if it is unable to supply the Data in accordance with the Customer Order whereupon it will refund any payment received from the Purchaser in respect of any unsupplied Data.

9.5 Termination of this Agreement for any reason shall be without prejudice to the accrued rights of either party as at the date of termination.

9.6 Any waiver by the Supplier of any breach of this Agreement by the Purchaser shall not operate as a waiver of any other past or future breach.

10. Consequences upon Termination

10.1 Upon termination or expiry of this Agreement the Purchaser shall:

10.1.1 Destroy, or if requested by the Supplier, return to the Supplier any Data whether it be on paper or any other physical or tangible medium

10.1.2 Permanently delete or procure the permanent deletion of all Data from all computer files and computers and if required so to do by the Supplier, provide a written assurance in such form as the Supplier may reasonably require that such deletion has been effected.

10.1.3 Return to the Supplier all and any magnetic Data where property in the said media remains with the Supplier and the Purchaser shall ensure that such media are adequately labelled and packaged to avoid damage.

10.2 For the avoidance of doubt the meaning of Data in clause 10.1 shall not include those names and corresponding addresses which as a result of using the Data for its stated use are customers of the Purchaser, which shall include those persons who have agreed to be contacted by the Purchaser in the future.

11. Cancellation

If the Purchaser should cancel an Order in full or in part before delivery of the Data then the Purchaser shall remain liable for all the charges as detailed in the Customer Order Form but the Supplier may at its sole discretion for any reason whatsoever reduce the amount owed.

12. Data Protection and Advertising Standards

12.1 The Purchaser warrants that it will at all times comply with all relevant Advertising Standards and direct marketing guidelines, regulations and legislation (as such guidelines, regulations and legislation are amended, consolidated, extended or replaced from time to time) including Data Protection legislation (and in particular but without limitation it shall comply with the data protection principles referred to in the Data Protection Act 1998 (to the extent relevant) and will ensure that all individuals whose Personal Data (if any and which term shall have the meaning specified in the Data Protection Act 1998) is passed to the Supplier by the Purchaser or to which the Supplier has access, have given consent to (a) the processing by the Supplier of such of their Personal Data and (b) the transfer of such data outside the European Economic Area if the Purchaser requests such transfer or as is necessary in the performance of the Supplier's obligations under or as otherwise provided for in this Agreement), the Financial Services and Markets Act 2000, the Privacy and Electronic Communication (EC Directive) Regulations 2003 and regulations made thereunder and shall upon the request of the Supplier provide sufficient evidence that it has complied with such guidelines regulations and legislation and all relevant consents and approvals which it has obtained.

12.2 Without prejudice to the generality of clause 12.1 the Purchaser shall itself carry out such checks and searches as may be required under the Privacy and Electronic Communication (EC Directive) Regulations 2003 prior to use of the Data, the Supplier being under no obligation to carry out such checks and searches for or on behalf of the Purchaser or prior to the supply of the Data to the Purchaser and shall comply with all relevant codes of practice with respect to its use of the Data including "Direct Marketing Association (UK) Limited Code of Practice", Telephone Preference Services rules, Fax Preference Service rules, "The British Code of Advertising Practice", "The British Code of Sales Promotion Practice" and "The Advertising Association's Standards of Practice in List and Database Management" (as such codes are amended and re-drafted from time to time). Notwithstanding the foregoing the Supplier may carry out such checks and searches prior to the supply of the Data and afterwards but the Supplier does not warrant that it will carry out those checks and searches or that they will be complete or accurate although it will use its reasonable endeavours to ensure that they are.

12.3 In the event that the Purchaser shall be in breach of the above sub-clauses the Purchaser shall immediately rectify the breach and fully indemnify the Supplier against any fines, costs, claims, demands and expenses incurred by the Supplier as a result of the Purchaser's breach.

13. Severance

Should any of this Agreement be found to be unenforceable or contrary to law by any competent authority the remaining provisions shall remain in force and effect.

14. Viruses

The Supplier shall not be liable to the Purchaser or any other party for any cost damage or expense howsoever arising as a result of any Virus irrespective of the source of that Virus.

15. Force Majeure

Notwithstanding the provisions of this Agreement the Supplier shall not be liable for any loss suffered or incurred by the other party as a result of any act of God, war, lockout, strike, fire, flood, delay in transit, postal delay, riot or other unexpected or exceptional cause or circumstance beyond the Supplier's control in which case the Supplier shall be entitled to cancel this Agreement or delay the performance thereof for as long as necessary.

16. Limitation of Assignment

This Agreement and the benefit of any rights and licences granted by the Supplier to the Purchaser by this Agreement shall be personal to the Purchaser and the Purchaser shall not assign the benefit of the Agreement either in whole or in part.

17. Agreement Terms

The parties contract upon these Terms and Conditions which shall prevail over any inconsistent terms which the Purchaser may seek to introduce. Such inconsistent terms shall have no effect.

18. Agreement Variation

No variation to the terms or conditions of this Agreement shall be effected unless expressly agreed in writing by both parties. This Agreement supersedes all agreements and understandings between the parties whether written or verbal save for agreements in writing which are expressly subject to or expressly vary the terms of this Agreement.

19. Waiver

If the Supplier waives a breach of contract by the Purchaser that waiver is limited to that particular breach and no delay by the Supplier acting upon a breach of contract will be regarded as waiver.

20. Proper Law and Jurisdiction

This Agreement is made in England according to English law and is subject to the jurisdiction of the English Courts.

Startupsplus & Recentlymoved (Packages) Payment Terms

1 Check Subscription Payment Terms

1. One Month Trial (£15 single payment)

This option allows you to utilise the 1 Check system for a maximum of one month from the date of registration and payment.

After this time if you wish to continue with the service you will need to register again.

2. Subscription (£10 per month rolling payment)

This option allows you to utilise the 1 Check system from the date of registration, for a minimum period of three months. On the date of registration you will be charged £10 plus VAT for the first month and then £10 at the start of each calendar month thereafter. The contract will continue until you chose to cancel your subscription.

Your cancellation must be in writing. During the first three months, the earliest date on which you may cancel your subscription is two months after the registration date, providing a minimum notice period of one calendar month.

After the expiry of the first three months, you may cancel on one month's written notice.

3. One Year Subscription (£100 single payment)

This option allows you to utilise the 1 Check system for a maximum of one year from the date of registration and payment.

After this time if you wish to continue with the service you will need to register again.

Copyright

The copyright in the material contained in this website belongs to Selectabase Ltd or its licensors. Any person may copy any part of this material, subject to the following conditions:-

• The material must only be used for non-commercial purposes; and
• The copies must retain any copyright or other intellectual property notices contained in the original material;
• The products, technology or processes described in this website may be the subject of other intellectual property rights reserved by Selectabase Ltd or by other third parties. No licence is granted in respect of those intellectual property rights;
• Images on this site are protected by copyright and may not be reproduced or appropriated in any matter without written permission of their respective owner(s).

The terms of our privacy policy apply to any information given by you.

Registered Office of Selectabase Ltd: 6 Sondes Road, Deal, Kent, CT14 7BW
Company registered in the UK, Company Registration Number: 5234487