Database T&C

TERMS AND CONDITIONS

All works undertaken by Dun & Bradstreet (Singapore) Pte Ltd (hereinafter referred to as ‘D&B’), is subjected to the following terms and conditions, unless otherwise stated in writing.

Confidentiality:

The contents of this proposal are proprietary and confidential to D&B and may not be disclosed to third parties. D&B and Client acknowledged that each may disclose Confidential Information to the other during the term of this agreement. Each party will treat all confidential Information of the other party with the same degree of care as it accords to its own Confidential Information. 

The database records/reports supplied to Client are only for use by the specific legal entity or individual in the contract and cannot be resold and shared with any other legal entity and individual.  The records are seeded and the legal entity/individual will be liable for compensation if this clause is breached.

Use of Commercial Database/Reports:

The Client agrees and acknowledges that the use of commercial database records/reports supplied to Client is strictly for commercial purposes only. For the avoidance of doubt, any use of the commercial database records/reports provided by D&B for personal purposes is strictly prohibited.  

Schedule:

D&B will use reasonable efforts to deliver in accordance with the schedule quoted in the proposal, but shall not be held liable for delays or other failure to perform its obligations occasioned by factors outside its control (including, without limitation, postal or other communication delays, industrial disputes, fire or accident, government act, natural catastrophe, manpower constraint, etc)

D&B should not be liable for any delay in the project schedule resulting from any late changes requested by Client or resulting from Client’s delay in providing the necessary information or material for the project.  The project timeline shall be extended to reflect any Client-caused delays.  Client shall be responsible for any costs incurred by D&B as a result of such Client-caused delays, including without limitation the costs of additional printing, overtime wages and courier services, which shall be in addition to the agreed fee for the services. Any such additional costs to be incurred shall be notified to and agreed upon by Client.

D&B reserves the right to adjust the quote, any other fees and date of completion in the event of subsequent alteration to the agreed specifications. However, no such adjustments will be made without prior notification and agreement with the client.

Accuracy:

Client acknowledges that D&B does not and could not for the fees charged guarantee the correctness of the records. D&B shall use reasonable endeavors to ensure accuracy of our database and reports.  Sources of information are not always under the control of D&B.

Within 30 days, should the error rate exceed 10% of the total corporate records provided, D&B will do a ONE TIME, one-for-one exchange for the invalid records above the 10%. Invalid records are when the records do not match the specified criteria and/or the data elements (refers to names, addresses, office/home telephone numbers, email addresses only) are incorrect. In the event that there are insufficient records to replace the invalid records, D&B shall provide records from other criteria and no refund shall be made. 

Limitation of Liability

Client agrees that D&B’s aggregate liability for any and all losses or injuries to the Client arising out of any acts or omissions of D&B in connection with any services to be done or furnished hereunder, regardless of the cause of the loss or injury and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by the Client for the services done or furnished hereunder and Client covenants and promises that it will not sue D&B for an amount greater than such sum. 

Client agrees to indemnify and hold harmless D&B, as well as its officers, directors, employees and agents, against all claims, damages, loss or expenses arising from Client’s disclosure of the database records/reports outside of Client’s internal organization or from any use of the database records/reports.

When using emails/SMS/MMS advertising, Client acknowledges that it is aware of the SPAM Control Act 2007 which can be found at http://v1.lawgazette.com.sg/2007-8/feature2.htm

Termination

 The contract is binding and is non–cancellable and non-refundable.

Dun & Bradstreet (S) Pte Ltd and the undersigned Client, by signing this Agreement, agree and intend to be bound by the terms hereof.

Force Majeure

Each party releases the other party from any claim, liability of responsibility under this Agreement concerning the other party’s failure or delay under the Agreement where such failure or delay is due to any circumstances whatsoever which is not reasonably within the control of either party, (whether actual or contemplated) including, but not limited to, any act of God, flood, fire, explosion, earthquake, breakdown of plant, casualty, accident, war, revolution, civil commotion, act of a public enemy, blockage, embargo, injunction, law order, proclamation, regulation, ordinance, demand of other requirement of any government or government subdivision, authority or representative, or any strike, labour or industrial dispute, whether or not either party would be able to influence or procure the settlement thereof.

Use of Database

All information, whether written or oral, incorporated in the publications or in any other document delivered to the Client pursuant to this Agreement or submitted in answer to a regular or special enquiry or voluntarily furnished to the Client by D&B and/or its associated companies, is for the exclusive use of the Client as one factor in the Client’s marketing and other business decisions and for no other purpose. Such information shall be held in strict confidence and shall never be revealed or made accessible in any manner whatsoever to the person reported upon or to any other persons. It is expressly agreed that the Client shall neither request information for the use of others, nor permit requests to be made under this agreement by others. Unless otherwise stated, the services provided under this Agreement may be accessed by the Client in Singapore only.