By opening an account with Simply-Postcode-Lookup Service You are entering into a legally binding contract with Comtek Accounts Limited, whose registered address is Venture House Venture Court, Boleness Rd., Wisbech, Cambs, PE13 2XQ. This contract is subject to the terms and conditions below.

We would advise that You print off and retain a copy of this Agreement for your future reference.

AccountID

is a unique code which is based on the e-mail address of the Customer . The Customer may request a change of AccountID at any time.

Application Definitions

Definitions used by the Software to interface to third party applications.

Bulk Data Hygiene

Means the cleaning of multiple Data Records in one operation.

Customers Account

a means of viewing Customer details and managing the account from the Website.

Customer

A person (whether an individual, a company, a partnership or other entity) who installs the Software to a computer and/or purchases a License to access the Lookup Service.

Contract

is this Agreement.

Credit

is the entitlement of the Customer to download one Delivery Point from the Lookup Service.

Credit Pack

a package of multiple Credits valid for a License Period, which is pre purchased from the Provider via the Website .

Data

means the database known as PAF, and/or PostZon and/or Alias.

Database

the database of Delivery Point information used by the Provider to provide the Lookup Service.

Data Capture

means the use of the Data or a Product or Service to generate a Record.

Data Hygiene

means any activity which involves the processing of existing Records in a collection of data, held or capable of being held in a computer memory using the data or a Product or Service and includes:

1.      the verification of a record as being the same as the entry in the data;

2.      the amendment of a record to correct the address so that it contains the same information as the entry on the Data;

3.      the standardisation of a record into a “PAF format”

4.      the flagging or marking of a Record as being the same as the data;

5.      adding further information derived from the Data to a Record; and

6.      extracting duplicate Records;

Delivery Point

an address, postcode or other information contained within the database and supplied to You as part of the Lookup Service.

Delivery Point Query

the Customer’s request for a Delivery Point from the Database.

Data Key

a sequence of numbers used to identify the AccountID when allowing access to the Lookup Service.

PAF

means the database, or any part of it, known as “Postcode Address File” containing all known address and postcode information in the United Kingdom as may be amended from time to time.  ‘PAF’ is a registered trade mark of the Royal Mail.

Password

a combination of characters selected by the Customer to verify Your identity.

Per Click

means a mechanism to count the number of Transactions.

Postcode

an alphanumeric sequence which uniquely identifies one or more addresses and assigned by the Royal Mail Group plc (“Royal Mail”).

Product

means any software or services to give access to the Lookup Service.

Provider

Comtek Accounts Limited trading as Simply-Postcode-Lookup.

Price List

list of charges and payment methods for the Lookup Service, as detailed on the Website.

Internal Use Per Click package

Means a Product whereby the User accesses the PAF data by way of limited number of Delivery Points for Internal use only.

Internal License

a license to be used for Internal Use.

Internal Use

means used within an organisation for capturing address information for the purpose of populating a database or to send/provide Goods/Services.

License

Period

the period for which a Credit Pack/License is valid, as detailed on the Website.

License

means the license granted subject to the terms and conditions of this agreement and a generic term to cover Credit Pack, User License, Multi System License and System License.

Lookup Service

the processing of Delivery Point Queries which result in one or more Delivery Points being made available to You.

Reasonable Use

means use of the system which is not abnormally excessive to effect the performance of other users.

Record

means an individual entry in or to be made in a collection of data containing a Delivery Point or details of part of a Delivery Point.  A Record may also contain business or consumer name.

Reseller

a company who resells the lookup service/software to an end customer.

Reseller Account

a means of viewing Reseller details and managing the account from the Website.   This also allows the reseller to manage customer accounts.

Multi System License

an individual legal entity trading under one name, which has unlimited user access to the Lookup Service.

Service Recipients

means a recipient of products or services from the end Customer, whether a fee-paying customer or otherwise. For the avoidance of doubt, such recipient must be a third party and not a representative of the Customer itself.

Service

means any service, in connection with the Data.

Software

the computer programs, macros, scripts & data downloaded from the Website, which enable You to access or use the Lookup Service.

System License

an individual legal entity trading under one name, which has up to 102 users.

User

a person/individual authorized by a Customer to use the Lookup Service through the Customer’s Account.  Each user is a individual workstation, terminal, handheld device or similar device.

User ID

a means of identifying a user of the system using computer name.

User License

a license for one or an agreed number of user/users of the lookup service.

Website

the Provider’s website at www.simply-postcode-lookup.com from which the Provider will provide the Lookup Service.

Web "Popup" Postcode Lookup

a small script that when added to a web site, offers a Postcode search facility, with address selection.

Web License

a license to be used for Web Use.

Web Use

means used on a web site to capture/amend the service recipients address, on the customers web page, to provide services or goods.

You (and Your)

a Customer or User of the Lookup Service.

2.1

Once the Customer registration has been submitted to and accepted by the Provider, the Customer will be given 30 days to trial the Lookup Service, with no charge.   During this period the Provider may restrict the Customer to a subset of the Database comprising a single Postcode District.

2.2

The Service is provided solely for Your own use under the terms set out in section 11.2 of this Agreement. You are explicitly prohibited from copying, reproducing, publishing, selling, leasing, lending, extracting, reutilizing or otherwise parting with possession or control of, or relaying or disseminating Delivery Points. You are also prohibited from marketing or otherwise distributing the Lookup Service and/or Software without the explicit written permission of the Provider.

2.3

The Customer hereby acknowledges that it will be liable to and will indemnify the Provider for any loss the Provider suffers arising from a breach of section 2.2. whether caused by the Reseller, Customer or a User

2.4

The Provider reserves the right to vary the technical specifications and interfaces of the Lookup Service at anytime, or change AccountID, Data Keys or Passwords, giving the Customer/Reseller as much notice as is practically possible, if it will seriously affect the functionality of the Lookup Service and/or Software.

2.5

The Provider reserves the right to check the identity (IP address or URL) of the Customer or User which is using the Lookup Service, to determine that the Lookup Service is being used in accordance with this Agreement.

2.6

It is the Customers responsibility to receive e-mail based on the AccountID, especially with regard to section 4.6.  

2.7

The Provider reserves the right to terminate any evaluation of the Lookup Service without notice

3.1

All rights including intellectual property rights in the Software and the Website belong to the Provider.

3.2

The Customer may download the Software from the Website and copy it to the extent necessary for the Customer and Users authorized by the Customer to use the Lookup Service.

3.3

The Software may not be decompiled, modified, sub-licensed, rented, or leased. The Customer’s license to use the Software in accordance with Agreement is not transferable.

3.4

The Application Definitions may not be copied to use in any third party software, and remain the intellectual property of the Provider.

3.5

The Customer, when using the Postcode Lookup service via Web Service, must make sure each user is identified by a unique computer name, in each call to the Lookup Service if used internally.

4.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 4.5 in accordance with the terms of this License Agreement. 

4.2

The price for the Credit Packs is set out on the Website.

4.3

Each Delivery Point supplied to You will reduce the Customer’s current active Credits Pack by 1 credit

4.4

Excessive Delivery Point Queries will result in a reduction of the current active credits pack by 1 credit

4.5

Each Credit Pack will expire after 12 months, and any unused credits will expire.

4.6

Low Credits warnings will be sent to the AccountID, e-mail address and is returned as part of the Lookup Service.

4.7

Payment will be made within 7 days of Purchase

4.8

The Credit Pack will be put on stop if not paid for by the due date, and will remain on stop until payment is received

4.9

Credit packs purchased shall:

4.9.1

Only use the Credit Packs for the purpose of capturing, verifying, updating or amending Service Recipients details entered by Service Recipients on the customers website

4.9.2

Operate and use the Credit Pack in conjunction with that Customers website offering products and/or services to its Service Recipients; and

4.9.3

Use the Credit Packs to capture its Service Recipients address for the purpose of dispatching a product or service that is offered on the customers web site and not for any other purpose.

4.10

The Customer must no pass on any part of the Data obtained as a result of using this license to any third parties.

5.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 5.4 in accordance with the terms of this License Agreement. 

5.2

The price for the Credit Packs is set out on the Website.

5.3

Allows Reasonable Use unlimited access the Lookup Service.

5.4

Each License will expire after 12 months.

5.5

Payment will be made within 7 days of Purchase

5.6

The Credit Pack will be put on stop if not paid for by the due date, and will remain on stop until payment is received

5.7

Credit packs purchased shall:

5.7.1

Only use the Credit Packs for the purpose of capturing, verifying, updating or amending Service Recipients details entered by Service Recipients on the customers website

5.7.2

Operate and use the Credit Pack in conjunction with that Customers website offering products and/or services to its Service Recipients; and

5.7.3

Use the Credit Packs to capture its Service Recipients address for the purpose of dispatching a product or service that is offered on the customers web site and not for any other purpose.

5.8

The use of this license for Bulk Data Hygiene is prohibited unless otherwise entered into separate agreement

5.9

The Customer must no pass on any part of the Data obtained as a result of using this license to any third parties.

6.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 6.4 in accordance with the terms of this License Agreement. 

6.2

The price for the Internal Use per click package is set out on the Website.

6.3

Any third party software using the Lookup Service, in conjunction with a “Internal Use Per Click package”, will provide a means of identifying each user of the Lookup service by supplying a unique User ID with every request for information

6.4

Each User License will expire after 12 months.

6.5

Payment will be made within 7 days of Purchase

6.6

The User License will be put on stop if not paid for by the due date, and will remain on stop until payment is received

6.7

Allows a maximum of 500 delivery points, per year

7.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 7.5 in accordance with the terms of this License Agreement. 

7.2

The price for the User Licenses is set out on the Website.

7.3

Any third party software using the Lookup Service, in conjunction with a “User License”, will provide a means of identifying each user of the Lookup service by supplying a unique User ID with every request for information

7.4

Allows Reasonable Use unlimited access the Lookup Service.

7.5

Each User License will expire after 12 months.

7.6

Payment will be made within 7 days of Purchase

7.7

The User License will be put on stop if not paid for by the due date, and will remain on stop until payment is received

7.8

Allows unlimited number of delivery points, per user

7.9

The use of this license for Bulk Data Hygiene is prohibited unless otherwise entered into separate agreement

8.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 8.5 in accordance with the terms of this License Agreement. 

8.2

The price for the System Licenses is set out on the Website.

8.3

Any third party software using the Lookup Service, in conjunction with a “System License”, will provide a means of identifying each user of the Lookup service by supplying a unique User ID with every request for information

8.4

Allows Reasonable Use unlimited access the Lookup Service.

8.5

Each System License will expire after 12 months.

8.6

Payment will be made within 7 days of Purchase

8.7

The System License will be put on stop if not paid for by the due date, and will remain on stop until payment is received

8.8

Allows unlimited number of delivery points, per user

8.9

The use of this license for Bulk Data Hygiene is prohibited unless otherwise entered into separate agreement

9.1

The Customer may use the lookup Service as provided on a non-exclusive, non-transferable, revocable basis, for the period stated in 9.5 in accordance with the terms of this License Agreement. 

9.2

The price for the Multi System Licenses is set out on the Website.

9.3

Any third party software using the Lookup Service, in conjunction with a “System License”, will provide a means of identifying each user of the Lookup service by supplying a unique User ID with every request for information

9.4

Allows Reasonable Use unlimited access the Lookup Service.

9.5

Each System License will expire after 12 months.

9.6

Payment will be made within 7 days of Purchase

9.7

The System License will be put on stop if not paid for by the due date, and will remain on stop until payment is received

9.8

Allows unlimited number of delivery points, per user

9.9

Allows unlimited number of users per day.

9.10

The use of this license for Bulk Data Hygiene is prohibited unless otherwise entered into separate agreement

10.1

The Provider will keep records of the Customer’s usage of License, Credits and Credit Packs, which information can be viewed by the Customer within the Customers Account online.  The Provider’s determination of such usage shall be final and definitive.

10.2

The information referred to in section 10.1 will be provided for a maximum of thirteen months, or 30 days after the expiry of a Credit Pack/License (whichever shall first occur).

10.3

The Provider will keep records of the Customer’s payment for Credit Packs, which information can be viewed by Customer within the Customers Account online.

10.4

The information referred to in section 10.3 will be provided for a maximum of two years.

11.1

The Customer/Reseller warrants to the Provider that the registration information supplied is true, complete and accurate and that the Customer has full authority to enter into this Contract.

11.2

The Provider hereby grants to you the non-exclusive right for the License Period to use the Lookup Service subject to the terms of the Royal Mail End User License, which specifically states the Lookup Service can be used by You  to:

11.2.1

search for individual address and/or postcode; and/or

11.2.2

a point on a map

11.3

The Contract commences from the date on which the Customer/Reseller creates an account with the Provider. 

11.4

These Conditions shall form the terms and conditions of the Contract, and set out the entire agreement, and shall apply to the exclusion of any other terms or conditions whether express or implied, including those implied by law (insofar as their exclusion is lawful).

12.1

The Provider may suspend or terminate the Contract immediately by giving the Customer/Reseller notice if the Customer is in breach of the Contract and fails to remedy the breach within a reasonable period of being asked to do so or if the Customer/Reseller is in breach of clauses 2.2 or 14.2.

12.2

The Provider may terminate the Lookup Service without any cause on 30 days notice to the Customer/Reseller, and in such event, the Provider will refund to the Customer/Reseller the value of Credits unused at the date of termination if Web Use.

12.3

If the Provider delays in acting on any breach of the contract, then that delay will not be considered to be a waiver of the breach.

12.4

If the Provider reasonably believes that the Customer’s abnormal use of the Lookup Service is impairing the system performance, then the Provider may suspend the Customer’s access to the Lookup Service, until the cause of the impairment has been resolved.

12.5

The Provider may temporarily suspend the Lookup Service for emergency or urgent operational reasons but where practical will give the Customer advance warning of such suspension.

12.6

The User shall upon reasonable prior notice grant Royal Mail, or Provider be given reasonable accompanied access during working hours to its premises, accounts and records relevant to this License Agreement for the purposes of verifying and monitoring the User’s compliance with its obligations under this License Agreement.

12.7

No refunds will be given, unless in the pursuit of clause 12.2.

12.8

The Provider reserves the right to suspend the Lookup Service, having given reasonable warning, if any Invoices are overdue for any other service/software/consultancy with the Provider.

13.1

If the Customer suspects that there has been unauthorized usage of the Lookup Service, then the Customer may request the Provider to issue to the Customer a new AccountID, and/or password to enable continued use of the Lookup Service.

13.2

The Customer/Reseller shall be responsible for the safekeeping and security of its Password and AccountID and Data Key disclosed.

13.3

The Customer/Reseller shall notify the Provider immediately if it believes that the AccountID, Data Key or Password is likely to be used in any unauthorised way.

14.1

The Provider will use reasonable endeavours to:

14.1.1

Maintain the Website and Lookup Service availability 24 hours a day, 365 days a year, subject to planned maintenance and matters outside the Provider's reasonable control. The Customer acknowledges that from time to time events may occur which affect the availability of the Lookup Service.

14.1.2

Apply regular updates to the Database accessed by the Lookup Service.

14.1.3

Regularly check the Software and Website with the latest anti-virus checking Software.

14.2

The Customer/Reseller will at all times use the Service in a moral, proper, legal way.

14.3

The Provider shall not be liable to the Customer/Reseller in contract, tort or otherwise and including liability for negligence for:

14.3.1

The accuracy of data contained in the Database.

14.3.2

Any loss of profits, loss of contracts or business, loss of goodwill, wasted expenditure and/ or any indirect or consequential (including economic) loss of any kind, which the Customer/Reseller may suffer by reason of any act, or omission of the Provider.

14.3.3

Any loss or damage, which the Customer/Reseller may suffer which is greater than the price paid by the Customer/Reseller for the License/Credit Pack active at the time that such loss or damage occurs

14.3.4

Any failure by providers of telecommunication, equipment or Internet services to provide a service sufficient for the complete downloading of the Software or the operation of the Lookup Service.

14.3.5

The use of the Software or the Service with any third party software other than that specified by the Provider on the Website.

14.3.6

Provided that nothing shall exclude the Provider’s non-excludable liability in respect of death or personal injury caused by the negligence of the Provider or affect the statutory rights of a Customer dealing as a consumer.

14.4

The Provider warrants that it has the right to provide access to the Database and to provide the Lookup Service to the Customer. As far as it is aware, the use of the Software or the Lookup Service by the Customer will not infringe any third party Intellectual property rights

14.5

In the event of breach of this Contract by the Provider, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Provider exceed the value of the Customer’s Credit Pack/License active at the time of the breach.

15.1

This agreement shall be governed by English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

15.2

Each and every obligation contained in these Conditions shall be treated as a separate obligation and shall be severally enforceable notwithstanding the non- enforceability of any other such obligation.

15.3

The Provider will not be liable if it is prevented or delayed in the performance of any of its obligations under this Agreement by acts, events, omissions or accidents beyond its reasonable control.

15.4

For the avoidance of doubt nothing in this Agreement shall confer on any third party, any benefit or the right to enforce any provision of this Agreement.

15.5

The Provider will notify the customer if any amendments or variations to this agreement are made within three months of the amendments or variations coming into affect.

16.1

The Reseller may supply the Software/Service provided by the Provider, provided it complies with section 16

16.2

The Provider has the right to change any commission giving 28 days notice

16.3

The resellers either opt to either:

16.3.1

Allow the Provider to invoice the end customer direct.  The reseller is then paid commission for each sale, at the end of the calendar month, when the commission is greater than £100.

16.3.2

All sales are paid for by the reseller, at the agreed retail price less reseller commission.

16.4

The Reseller must ensure each Customer has its own Customer account.

16.5

The Reseller must ensure that customer details, entered within the Reseller account, are correct,

16.6

The Reseller must not claim to be a PAF registered reseller.

16.7

The Reseller must ensure the customer understands and conforms with this agreement.