1. DEFINITIONS AND INTERPRETATION
"Customer" means the customer specified in the Statement of Services;
"Data" means any data contained within the Education Data module of Sprint Campus;
"Email Undeliverable(s)" means an email address(es) which has/have failed delivery due to an incorrect email address;
"Paid Plan" means the length of time during which the Customer pays and has access to the Platform;
"Platform" means the software platform known as Sprint Campus that is owned and operated by the Provider, and that will be made available to the Customer as a service via the internet under the Agreement;
'Postal Undeliverable(s)" means a postal address(es) which has/have failed delivery due to an incorrect address;
"Provider" means Sprint Media Limited, a company incorporated in England and Wales (registration number 6177833) having its registered office at B1 The Courtyard, Tewkesbury Business Park, Tewkesbury, GL20 8GD.
2. DATA OWNERSHIP
All Data or parts thereof are owned by and copyrighted by Sprint Media. Unless otherwise specified in the Contract Sprint Media's data is leased to the Buyer for the duration of their Campus usage only and no intellectual property rights of any Data shall pass to the Buyer under the Contract. The Data must not be copied or recorded by the Buyer or its Agents, or in any way processed by the Customer or its Agents other than in accordance with the Contract or as agreed in writing by Sprint Media. Data supplied must, in no circumstances, be offered for resale by the Customer.
3. SUPPLY & USE OF THE DATA
a) In the event of a breach of Data usage by the Buyer, i.e. where it is determined by Sprint Media that the data has been used by the Buyer outside of the usage terms as specified in these Conditions, a re-use charge of 100% of the value of the annual cost of the plan from which the data was exported/copied will be imposed per occasion of each breach and payable within 7 days by the Customer.
b) If Data is exported/copied from the Platfrom by a Buyer for a third party company then the Data is only authorised to be used for the marketing purposes of that one third party company and not also the Buyer himself. If Data is used for more than one of the Customer's third party clients then a re-use charge of 100% of the value of the annual cost of the plan from which the data was exported/copied will be imposed per occasion of each breach and payable within 7 days by the Customer.
c) The Buyer shall be liable for the loss or misuse of Data whilst in its care, or the care of his Agent. It will be deemed a misuse of a list if the list is used for any activity other than the purpose for which it was originally provided. The Buyer undertakes to keep the Data secure and completely safeguarded against unauthorised use or disclosure.
d) Sprint Media reserve the right to require the Buyer to cease or modify use of Sprint Media's Data where Sprint Media discover that the contents of an email sent by the Buyer is, in Sprint Media's reasonable opinion inappropriate, or the Buyer has misled Sprint Media about the content.
e) If the Data is exported for use outside the Platform The Buyer must electronically mark the Data as belonging to Sprint Media so that it may be easily removed from any system (CRM/broadcasting system etc.) should the Customer not continue to pay for their Plan.
f) The Buyer must, if exporting school email data to use in a third party email boradcasting platform, check with their email marketing platform provider that generic data can be uploaded to the Buyer's platform of choice.
g) If the Buyer chooses to not renew their Campus plan any Data previously exported from the platform must not be used again for any marketing, or any other purpose.
4. DATA ACCURACY
a) Sprint Media uses all reasonable endeavours to ensure Data is accurate and up-to-date. However, as lists are compiled from a variety of sources, Sprint Media cannot warrant that any of the records are 100% complete. Whilst Sprint Media agrees that all Data has been fairly and lawfully obtained in accordance with the Data Protection Act 1998, no warranty is given regarding the accuracy or completeness of individual addresses, contact names or telephone numbers or that any list is a complete compilation of the categories of persons or establishments described therein.
b) If any school emails prove to be undeliverable due to them hard-bouncing they must be sent to Sprint Media, including a reason for non-delivery, in an Excel or comma separated format document within 30 days of the send date of the campaign that generated the hard-bounces so Sprint Media's data team can correct them.
c) Sprint Media's obligations stated shall not apply where the Buyer decides to use a method of delivery that has not been approved in writing by Sprint Media. Unapproved methods of delivery include but are not limited to the use of an SMTP (Single Message Transfer Protocol) such as Outlook, Netscape and Lotus.
Sprint Media does not accept liability for the outcome of the use of its Data. In no event will Sprint Media be liable for any loss of profit, revenue, goodwill, opportunity, business, third-party cost, or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of its Data, save where such liability cannot be excluded by law.
6. BUYER’S OBLIGATIONS
a) agrees to comply with any requests for the suppression of deceased names and also notify Sprint Media of any request received by the Buyer for the suppression of a deceased name or disputed data that can be identified as being included in the Data supplied by Sprint Media, within 30 days of receipt of the request.
b) agrees to notify Sprint Media within 30 days of receipt, of any request for access to, or the correction or the deletion of inaccurate data it receives from an individual whose name can be identified as being included in the Data supplied by Sprint Media to the Buyer.
c) agrees to notify Sprint Media if any Data is found to be out of date or incorrect.
d) agrees to comply with any request for information from an individual whose name can be identified in the Data supplied to the Buyer by Sprint Media regarding the source from which the name was obtained and that this request will be dealt with promptly and in any event within a maximum of 30 days.
e) will, where email Data is used to send emails, ensure that the recipient is given a simple means to opt-out of receiving further communications and the Buyer must forward to Sprint Media Limited the details of any recipients who do exercise their right to opt-out including any comments that may be made by such recipients in an Excel or comma separated format document.
f) will, where Data is leased to send postal marketing, ensure that they forward to Sprint Media Limited the details of any recipients who do exercise their right to opt-out of further postal marketing including any comments that may be made by such recipients in an Excel or comma separated format document.
g) shall inform Sprint Media in writing if they close, cease to trade, go into administration or liquidation as the Data must cease to be used as it cannot be sold on as part of a company's assets or transferred to another company.
7. DATA SEEDING
All lists contain seed names and dummy addresses to protect Sprint Media's intellectual property and copyright. Sprint Media do not pass out seed addresses to The Buyer or their Agents even in the event of a dispute as it leaves Sprint Media's Data unprotected.
8. QUANTITY OF DATA
Whilst every effort is made to quote the number of records accurately, the quantity may vary from time to time, as is reasonable, due to movements within the Data and no warranty or condition is given that the figure quoted agrees with that finally reached during the execution of the order.