These terms govern your use of the Data On Demand website and set out the general framework that applies to our services. They are provided by [Registered company name], trading as Data On Demand, of [Registered address]. By using our website or engaging our services, you agree to these terms.
1. Using our website
- You may browse our website and use its content for your own information and internal business purposes.
- You must not use the website in a way that is unlawful, harmful, or that interferes with its operation or security.
- You must not attempt to gain unauthorised access to the website, its servers or any connected systems.
- Website content is provided for general information. It does not constitute legal, financial or other professional advice.
- We may change, suspend or withdraw any part of the website without notice.
2. How our services are agreed
Our services are provided under a written proposal, order form or statement of work (each a "Statement of Work") agreed with the client. Each Statement of Work sets out the scope, sources, fields, delivery method and schedule, quality criteria, fees and term for that engagement.
These terms form the general framework for every engagement. If a Statement of Work or a separately signed master agreement conflicts with these terms, the Statement of Work or master agreement prevails for that engagement.
3. Samples and first projects
We may provide a free sample dataset so that you can assess our work before engaging us. Samples are provided for evaluation only, without warranty, and may not be used in production or resold.
4. Our responsibilities
- We will perform the services with reasonable skill and care, in accordance with the Statement of Work.
- We will apply the quality checks described in the Statement of Work and correct errors reported to us within the agreed period.
- We will review sources for suitability in line with our responsible data policy, and we may decline or modify a source or field where we consider collection inappropriate.
- We will keep your confidential information confidential and, on request, sign a non-disclosure agreement.
5. Your responsibilities
- You are responsible for ensuring that your use of the delivered data is lawful, including under data protection, competition, consumer protection and intellectual property laws.
- You will tell us the purpose for which the data will be used and will not use it for a materially different purpose without informing us.
- You will not use our services or data to profile, track, harass or discriminate against individuals, to circumvent security measures, or for any unlawful purpose.
- Where you instruct us to access a source using your own credentials or entitlement, you confirm that you are authorised to do so and to grant us that access.
- You will pay invoices in accordance with the Statement of Work.
6. Fees and payment
Fees are set out in the Statement of Work. Unless stated otherwise, fees are exclusive of applicable taxes, which will be added where required. We may suspend services if undisputed invoices remain unpaid after written notice.
7. Intellectual property
We retain all rights in our website, software, tools, methods and know-how. Subject to payment of the applicable fees, we grant you a non-exclusive, perpetual licence to use the delivered data for your internal business purposes, or such other rights as the Statement of Work specifies. We do not claim ownership of third-party content contained in delivered data, and nothing in these terms grants rights in such content beyond those we are able to grant.
8. Confidentiality
Each party will keep the other's confidential information confidential, use it only to perform or receive the services, and disclose it only to personnel and advisers who need to know it and are bound by equivalent obligations. These obligations do not apply to information that is public, already known to the recipient, independently developed or required to be disclosed by law.
9. Data protection
Where we process personal data on your behalf, we will do so only on your documented instructions and under a data processing agreement that meets applicable legal requirements. Our privacy policy explains how we handle personal data for our own purposes.
10. Warranties
Web data reflects what sources display at the time of collection. Sources may contain errors, change without notice or become unavailable. Except as expressly set out in a Statement of Work, the website and services are provided without warranties of any kind, to the fullest extent permitted by law.
11. Limitation of liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, fraud or any liability that cannot be limited by law.
- Neither party is liable for any indirect or consequential loss, or for loss of profits, revenue, business or goodwill.
- Subject to the above, each party's total liability arising from an engagement is limited to the fees paid or payable under the relevant Statement of Work in the twelve months before the claim arose.
- We are not liable for any use of the website content made without a Statement of Work.
12. Suspension and termination
Either party may terminate a Statement of Work as set out in it. We may suspend or terminate services immediately if we reasonably believe the data is being used unlawfully or in breach of section 5. On termination, you will pay for services delivered up to the termination date, and each party will return or delete the other's confidential information on request, subject to legal retention obligations.
13. Third-party links
Our website may link to third-party websites. We are not responsible for their content or practices.
14. General
- Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Neither party may assign its rights without the other's consent, except to a successor in a merger or acquisition.
- If any provision is found unenforceable, the remaining provisions continue in effect.
- We may update these terms from time to time. The version in force at the time a Statement of Work is signed applies to that engagement unless both parties agree otherwise.
15. Governing law and jurisdiction
These terms and any dispute arising from them are governed by the laws of [Jurisdiction], and the courts of [Jurisdiction] have exclusive jurisdiction, unless a Statement of Work or master agreement specifies otherwise.
16. Contact
Questions about these terms can be sent to info@dataondemand.net.