• Softcat - Testimonial

    I am approached on an almost daily basis by companies claiming to provide the best company information available. To date I have not seen anything that is more relevant to Softcat than the information provided through Pearlfinders. Our sales team have used the tool to research existing accounts and uncover new contacts, find new accounts to target and gain industry knowledge through the reports.

    We started with only a handful of licenses for Pearlfinders and have increased the license count twice already due to the success we have experienced using the tool.

    David Ridgway - Sales Director

     

Terms and Conditions

Pearlfinders IT is a business information service provided by Pearlfinders Ltd. Subscribing to the Pearlfinders IT service binds the subscriber (and each individual user) to these Terms and Conditions. We would like, in particular, to draw your attention to the bolded text below. 

1. Definitions
“Business” means the separate business or trading division of the Subscriber which is identified as the “Business” in the Subscription Form
“Data” means any data or other information contained in any part of the Service or which is otherwise supplied by Us to You
“Office” means the physical address from which the Subscriber conducts the Business or (where the Subscriber has a number of separate locations or addresses from which it conducts the Business) means the one physical address which is identified as the “Office” in the Subscription Form 
“Subscription” means the contract created by the Subscription Form completed by You for the supply of the Service (and which incorporates these Terms) and “Subscribe” shall be interpreted accordingly
“Subscription Fee” means the price for the Subscription as shown on the Subscription Form (together with any VAT thereon)
“Subscription Form” means the Subscription Form completed by You to subscribe for the Service
“Subscription Term” means the period of the Subscription as shown on the Subscription Form
“Terms” means these terms and conditions and any special terms agreed in writing between You and Us
“the Service” means any information or data published or supplied by Us in electronic form under the ‘Pearlfinders’ name
“We” “Our” or “Us” means Pearlfinders Limited
“the Subscriber” (or “You” or “Your”) means the individual, firm, company, LLP, organisation or business subscribing to the Service
“User” means an individual (being a full time employee of the Subscriber who works exclusively within the Business and is based at the Office) nominated as a User by the Subscriber (either on the Subscription Form or by subsequent written notification to Us by the Subscriber as a substitution for an individual previously nominated as a User or as an additional User)
“Maximum Number of Users” is the maximum number of Users allowed to the Subscriber as specified in the Subscription Form (or as may be agreed between Us and the Subscriber from time to time in writing)

2. Subscription
2.1 We shall supply the Service subject to these Terms. These Terms may not be altered or added to without Our written agreement.
2.2 The Subscription shall be for the Subscription Term at the Subscription Fee and on these Terms (and on any other terms set out in the Subscription Form).
2.3 We reserve the right to change the content, layout and format of the Service at any time.

3. Limitation of Our liability
3.1 We shall exercise reasonable care and skill in preparing the Data. Nothing in these Terms shall exclude Our liability for death or personal injury caused by Our negligence.
3.2 Save as provided in 3.1 above the Service is provided without any express or implied warranty of any kind (including warranties for quality, fitness for any purpose or non-infringement of intellectual property).
3.3 We do not warrant the accuracy or completeness of the Data in the Service nor do we warrant that the Service will be uninterrupted or error free.
3.4 In no circumstances will We be liable for: -
3.4.1 any loss of Your profit, business, contacts, reputation, goodwill, business interruption, loss of information, anticipated savings, economic loss or any liability You may have to any third party;
3.4.2 any special indirect or consequential losses of any nature whatsoever which You may suffer or incur.
3.5 Without prejudice to any other provisions of these Terms Our liability arising by reason of or in connection with the Service and/or Your Subscription shall be limited to the Subscription Fee

4. Subscription Term and Payment
4.1 The Service commences upon receipt of Your duly completed Subscription Form. Payment of the Subscription Fee must be made in full in accordance with the payment terms set out in the Subscription Form. If payment has not been received in accordance with the terms of the Subscription Form We reserve the right to suspend or cancel the Service.
4.2 Unless otherwise agreed by Us in writing Subscriptions to the Service are for a minimum fixed period of 12 months (beginning on the commencement date stated in the Subscription Form). Full payment of the Subscription Fee remains due if You seek to cancel the Subscription after We have received Your Subscription Form. No refunds of all or any part of the Subscription Fee will be made if You seek to cancel the Subscription before the end of any Subscription Term.

5. Supply of the Service
5.1 Unless You notify Us of non-receipt within 7 days of the expected receipt date the Service will be deemed to have been received by You on the same day as sent.
5.2 Our sole liability for non-receipt is to supply the relevant replacement editions of the Service free of charge.
5.3 You are responsible for advising Us of any changes to Your contact or e-mail details (or of those of Your Users).
5.4 We reserve the right to suspend the Service during Public Holidays, and the Christmas & New Year Holidays (as one continuous period).

6. Use of The Service
We grant You a non-exclusive and non-transferable licence to use the Service (and the Data) on the following terms: -
6.1 No Data may be used, printed, copied, formatted electronically or transferred to any other person, firm, company, organisation or business and (without prejudice to the generality of the foregoing) to or outside the Office and/or the Business.
6.2 You must inform Us within three working days of the trading name and contact details of any third party sales or marketing supplier, whether corporate or self-employed / freelance, You may use or intend to use during the Subscription period. Such suppliers may include, but not be limited to, those commonly described under: "new business agency / consultant", "business development agency / consultant", "new business prospector / sales person", "marketing consultant", "sales consultant" or "pitch consultant".
6.3 In the event that You employ a third party as described under 6.2, at Our sole discretion We shall reserve the right to continue or to cancel the subscription and in the latter event, and where no breach has been made by You to these Terms, to refund pro rata to You the subscription fees for the remainder of the Term.
6.4 You may not modify any of the Data nor may you use it for any public display, performance, sale or rental.
6.5 For the avoidance of doubt, no Data provided to an Office and/or to a Business may be copied, made available or transferred to any other office or business (whether or not any such other office or business is owned or controlled by the same legal entity as the Business or Office) nor may any Data be shared with or allowed to be accessed by any person other than employees of the Subscriber working within the Business and at the Office.  

7. Users
7.1 Access to the Service is available only to Users and the number of Users for each Subscriber is limited to the Maximum Number of Users for that Subscriber.
7.2 If the Subscriber wishes to increase the number of Users You must notify Us and pay Our then current additional User licence fee for each additional User.
7.3 All Users must be (and remain whilst the Subscription continues) a full time employee of the Subscriber working exclusively within the Business and who is based at the Office. If any User ceases to be a full time employee of the Subscriber during any Subscription Term (or ceases to work exclusively within the Business or ceases to be located at the Office) the Subscriber must notify Us accordingly in order that his or her User registration may be cancelled and (if requested by the Subscriber) another individual (who must be a full time employee of the Subscriber working exclusively within the Business and who is based at the Office) may be substituted as a User in his or her place.
7.4 We will provide all Users with an individual “login” password to access the Service which cannot be shared by or communicated to any other individual or third party.
7.5 In the event that we believe that:
7.5.1 any individuals within any Subscriber in excess of the Maximum Number of Users for the relevant Subscriber are accessing (or have accessed) the Service; or
7.5.2 User “login” passwords are being shared or used by more than the individual Users to whom they have been allocated within any Subscriber; or
7.5.3 any User is not a full time employee of the Subscriber working exclusively in the Business and/or is not located at the Office;
We reserve the right to suspend or cancel the supply of the Service to the Subscriber (and/or to deny any registered User within such Subscriber access to the Service) without notice and without any liability for any refund of the Subscription Fee or of any User licence fee.
7.6 The Subscriber will procure that all Users maintain the strict confidentiality of their individual ”login” passwords.


8. Data
8.1 The Data supplied as part of the Service together with the design and layout of the Data and of the Service is Our sole copyright and it may not be reproduced, copied, edited, published, transmitted, downloaded, uploaded or stored in a retrieval system in any way without Our written permission.
8.2 Pearlfinders confirms that it has used all reasonable efforts to ensure that the Data is accurate and up-to-date. Pearlfinders gives no guarantee that the Data is accurate and shall have no liability of any nature to the Subscriber (including, without prejudice to the generality of the foregoing, in relation to any indirect or consequential losses incurred by the Subscriber) in relation to its supply of the Service, the loss of any Data after the same has been supplied to the Subscriber or in the event that the Data is not fit or otherwise suitable for the Subscriber’s purposes.
8.3 In no circumstances will the Subscriber:
a) allow any copies to be made of the Data (or of the whole of any part thereof) other than for the purposes of storage or back-up;
b) allow any person, firm or company (other than persons employed by the Subscriber to work at the Office and within the Business) to make use of or otherwise have access to the Data;
c) allow the Data to be copied onto, or transferred to or otherwise accessed by any computer system other than that owned by and in the possession of the Subscriber and which is for the sole and exclusive use of persons employed by the Subscriber to work at the Office and within the Business;
d) assign, transfer, sell, sub-license, lease, rent, charge or otherwise deal in or use on behalf of or make available the Data to any third party (including to any person who may be employed by the Subscriber but who does not work at the Office and within the Business);
e) use any Data in any manner that is unlawful or illegal; and
f) allow or authorise any User to do any of the foregoing.
8.4 The Subscriber agrees to ensure that all Users are made specifically aware of (and that they will comply with) the above restrictions on the use of the Data and will be responsible to Us in the event that any User breaches any such restrictions.

9. Breach of these Terms
If You fail to pay any sum due to Us on the date due or if You commit a breach of these Terms (or if any of the information provided by You in the Subscription Form is inaccurate or misleading) We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):
9.1 charge interest (which shall accrue from day to day) on any monies outstanding at the rate of 4% p.a. above the Barclays Bank plc base rate as published from time to time from the due date until date of payment (after as well as before Judgment);
9.2 suspend or cancel the Service to You without notice.

10. Miscellaneous
10.1 These Terms (and the Subscription contract of which these Terms form part) shall be governed and interpreted according to English Law and You agree to submit to the non-exclusive jurisdiction of the English Courts.

10.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
10.3 Except as otherwise provided in these Terms We shall not be deemed to be in breach of contract or liable for any delays or failures to perform any of Our obligations in relation to the Service due to any cause beyond Our reasonable control including but not limited to any internet or electrical failure resulting in Our inability to transmit e-mails or the Data to You. Should any such event occur which prevents Us from providing the Service to You for a sustained period We reserve the right to cancel or suspend all or any part of the Service to You and to refund a pro rata part of the Subscription Fee without incurring any liability.
10.4 Nothing in these Terms is intended or will create any right to or for the benefit of any third party.
10.5 This contract is personal to You (and to the Office and the Business) and it may not be assigned without Our prior written consent.
10.6 Termination or cancellation of the Subscription shall not affect any of Our or Your respective rights and obligations which have already accrued at the time of termination or cancellation.
10.7 We retain the right to monitor all Subscribers and Users to ensure due compliance with these Terms. Any breach of these Terms may result in immediate suspension and/or termination of the Service and the Subscription without notice and without any right to any refund. The Subscriber acknowledges and agrees that any breach or threatened breach of these Terms may cause irreparable loss to Pearlfinders and that accordingly damages may not be an adequate remedy. Accordingly, the Subscriber agrees that in the event of a breach or threatened breach of these Terms Pearlfinders shall be entitled to injunctive relief (in addition to all other rights and remedies which may be available to it).