Terms and Conditions
Prospectika.com is a company incorporated under the laws of the EU.
These are the Terms and Conditions (“Terms”) of Use that apply between you and Prospectika Inc, referred to as “Prospectika.com”, “Prospectika”, “we”, “us” or “our”. By using Prospectika.com or registering an account, you are agreeing to these Terms, which will result in a legal agreement between you and Prospectika.com Inc. These Terms are intended to inform Users of the restrictions and obligations that have to be considered and respected when accessing Prospectika.com (the “Platform”).
By registering as a User of the Prospectika.com platform, you are indicating that you have read and agree to the Terms and Conditions and that you have legal age or authority to bind yourself or the company. When you sign up for Prospectika.com's Prospecting as a Service, you agree to the creation of a User account and collection of information through the Platform on your behalf.
If you do not agree with the Terms and Conditions you must immediately cancel your registration by deleting your account in the Account Settings and stop all use of the Prospectika.com Platform.
These Terms and Conditions apply to the Customer only and in absence of any written agreement between the Customer and Prospectika.com, will not be considered applicable to any subsidiary or holding of the Customer.
Before you proceed with reading the Terms you are kindly requested to read the list of Terms used in these Terms and their meaning:
Affiliate: Means an entity which directly or indirectly controls, is controlled by, or is under common control with a party to these Terms.
Client Data: Shall refer to the data of Data Subjects collected by the User for the purpose of lead generation marketing which is to be uploaded, traded, used, transferred, transmitted or communicated via the Platform.
Customer/User: The person or entity contracting with Prospectika.com under these Terms and Conditions.
Confidential Information: All information that is confidential, proprietary, or relates to Customers and Prospectika.com and is clearly labelled or conveyed as such, or information that would be regarded as confidential by a reasonable businessperson.
Documentation: means made available to the Customer by Prospectika.com via online means which describes the Service in accordance with these Terms.
Instructions: The Process by which the Customer will be terminating the registration or subscription of the Service.
Service: The service provided by Prospectika.com to the Customer to enable the Customer to access and make use of the product and services in accordance with the Terms.
Third-party/ies: Independent service providers or Affiliates who have entered into a contract with Prospectika.com to assist it in providing a relative service to the Customer.
Your Prospectika.com Account
When you create an account on Prospectika.com, you are responsible for maintaining the security of your account, for all activities that occur under the account, and any other actions taken in connection with the account. You must immediately notify Prospectika.com of any unauthorized use of your account or any other breaches of security. Prospectika.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Free Trial Period
We, at our sole discretion, permit the User to open an account on a “free trial” basis for the use of the Service at no charge and for a limited period of time. The Customer acknowledges and agrees that the Service will cease from being provided after the free trial period. Thereafter, the Customer will need to purchase the subscription service plan.
During this free trial period Prospectika.com reserves the right to terminate its Service any time for any reason. A written notice shall be forwarded to the Customer. This includes automatic deletion of previously uploaded data from the User's account in case of account abandonment (failure to renew free subscription for 90 days); in this case the User will receive two reminders about data deletion - 14 and 3 days prior to deletion. Failure to renew the free subscription after these reminders will lead to irreversible loss of previously uploaded data and is the responsibility of the User.
Payment and renewal of subscription
Please note, we do not allow multiple Free Account registrations, be it for commercial or personal use. If we notice multiple registrations, we reserve the right to terminate all involved accounts, old and new, at our own discretion.
When you purchase a monthly Prospectika.com plan, you are issued credits and recipients according to your plan at the start of the billing period that lasts 30 days. All unused credits and recipients are annulled at the end of these 30 days and do not roll over to the next billing period. Automatic plan renewal is switched on for all monthly users by default. You can choose to manually disable plan auto-renewal at any time in your account settings.
When you purchase an annual plan, you are issued credits and recipients according to your plan at the start of the month (according to your billing date) for 12 consecutive months. All unused credits and recipients for the month are annulled after 30 days and do not roll over to the next month. Automatic plan renewal is unavailable for annual plans.
Prospectika.com shall endeavour to provide its Service in accordance with these Terms and other documentation while ensuring reasonable care and skill. However, this clause shall not apply in relation to non-conformity by any authorised third-party service provider for any alteration or modification of their service. Should the Service being provided fail to achieve our standards due to third-party non-conformity we shall endeavour to provide our Customer with an alternative means to achieve the desired performance as such is achievable within industry means.
These Terms will not prevent Prospectika.com from entering into any similar agreements with third-parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.
Code of Conduct
You are required and have to follow these rules:
Behaviour that won’t be tolerated:
It is important that the User is aware that certain behaviours can cause damage to a third party and/or directly to Prospectika.com. Herein, you agree to not carry out such behaviour on Prospectika.com. It is forbidden to: Use Prospectika.com for purposes related to child pornography, child abuse, and maltreatment affecting children, their families and/or a third party; Use disrespectful language, content and graphics which affect the rights of our other clients/Users and/or a third party; Use material that infringes or affects the intellectual or industrial property rights of our other clients/Users and/or of a third party, (trademarks, trade names, slogans, pictures or content, etc). In this regard, you cannot publish any material belonging to a third party that is registered as their intellectual or industrial property, without the rightful authorisation of the owner or use it only after ensuring that when used you have the corresponding license to do so.
Prospectika.com reserves the right without liability or prejudice, to cancel or disable the Customer’s and/or User’s access to the Service if we reasonably believe that there is or might be a breach in relation to this clause.
It is forbidden to distribute:
Any material (through email, web space or in any other manner) that threatens and/or encourages performing bodily harm or destruction of property or a person; any content considered adult or pornographic, such as explicit sex scenes, nudity, etc.; any material that harasses another User and/or a third party.
It is not allowed to:
Insert messages or advertisements without complying with the legal requirements, and/or distribute messages that are considered to be spam and/or carry out spamming behaviours (sending spam or unsolicited messages); collect, or attempt to collect, personal information of a third party without their knowledge or consent and/or without compliance with the Organic Law on Personal Data Protection.
Using the services of Prospectika.com to access or attempt to access the accounts of other Users, penetrate, or attempt to penetrate Prospectika.com security measures, its software or the hardware of another entity, and the electronic communication systems or telecommunication system is forbidden.
It is forbidden to:
Perform activities that affect the ability of other people or systems, including “denial of services” (DOS) attacks against another network host or individual user; perform deceptive activities that cause the person being affected by them to act on or from them, ultimately leading to injury; take advantage of this platform to propagate hate speech and/or prejudice against minorities, justifying the crimes and/or violations of human rights; extract information, and decompile or process the information obtained from our reports to resell or gain a profit from it; use our information or newsletters content to resell, to cede to third parties, or to use with any commercial purpose, without our consent.
Any fraudulent, imposturous, or deceitful emails (email scam) are not tolerated. Accounts found to be sending such emails will immediately be suspended.
It is expressly stated that the use of market research or of the reports obtained through our services, is to analyse the viability of a business and/or project, as well as to assess the interest of investing in it, and not be able to take contrary action against the provisions herein stated.
We reserve the right to suspend accounts at our own discretion without warning or explanation.
As a User, you give Prospectika.com a perpetual world-wide license to use your company's logos, unless Prospectika.com agrees in writing otherwise. These logos will be used for marketing and sales efforts only, such as being displayed on the homepage.
As Prospectika.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that content located on or linked to by Prospectika.com violates your copyright, you are encouraged to notify Prospectika.com. Prospectika.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Prospectika.com will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Prospectika.com or others. In the case of such termination, Prospectika.com will have no obligation to provide a refund of any amounts previously paid to Prospectika.com to the terminated User.
These Terms do not transfer from Prospectika.com to you or any third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Prospectika.com. Prospectika.com, its logo, and all other trademarks, service marks, graphics and logos used in connection with Prospectika.com, or the Services are trademarks or registered trademarks of Prospectika.com or Prospectika.com licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Prospectika.com or third-party trademarks.
The Services are provided “as is”. Prospectika.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Prospectika.com, nor its suppliers and licensors, make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
We are not to be held responsible for any delays, delivery failures, or any other loss or damage resulting from transfer of data over communication networks and facilities, including the internet, and the Customer acknowledges that the Services and documentation may be subject to limitations, delays and other problems inherent in the use of such communication facilities.
You agree to indemnify and hold harmless Prospectika.com, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
Notwithstanding anything else in these Terms, in no event shall we and/or any of our Affiliates be liable to Client Data or any other person or entity with respect to any subject matter of these Terms, under any equity, common law, tort, contract, estoppel, negligence, strict liability or other theory, for any special, consequential or indirect damages or damages resulting from unauthorised use of Client Data by the User knowingly or not. Data Subjects whose data is controlled by the User are bound by the terms and conditions of the User.
Prospectika.com will endeavour to provide its Service 24 hours a day, seven days a week, except when:
there is scheduled maintenance which will take place between 7:00am and 5:00pm US Eastern time;
unintended maintenance is performed outside normal business hours, provided that Prospectika.com will endeavour to have the maintenance carried out with the least disruption possible and where possible also give the Customer at least 4 hours’ notice in advance.
While Prospectika.com and the Customer have access to Confidential information under these Terms, Confidential information does not include information that:
- Is or becomes publicly known through no act or omission of the receiving party; and
- Was in the other party’s lawful possession prior to the disclosure; or
- Is lawfully disclosed to the receiving party; or
- Is independently developed by the receiving party, which independent development can be shown by written evidence; or
- Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
Each User must keep a secure password for their use of the Service, which must be kept confidential at all times.
Each party agrees to take all reasonable steps to ensure that any Confidential Information obtained from the other party in the course of the relationship will be kept Confidential. Each party, its employees or agents will not disclose or distribute any Confidential Information in violation of the Terms.
This clause will survive termination of these Terms for any reason.
Term and Termination
These Terms shall become effective on the date the Customer registers as User of Prospectika.com’s Platform. Unless the registration is terminated earlier according to these Terms, these Terms shall continue for the duration of the subscription of the Customer with Prospectika.com. Provided that either party may terminate this agreement by giving the other party notice in writing of not less than 30 days from delivery of such notice specifying the date of such termination. Termination Instructions may be followed after email to: ask.prospectika.com
Either party may terminate this agreement with immediate effect by giving written notice to the other party in the event that the other party fails to pay the subscription due under these Terms on the due date for payment; or the other party commits a material breach of any term of this agreement which breach is irremediable or if such breach is remediable, the party fails to remedy the breach within 14 days after the notification in writing.
Effects of Termination
Upon termination or expiry of this agreement for any reason, all licence rights granted to use the Service will terminate immediately. No fees will be refunded, and all Customer data held on account retained by Prospectika.com will be disabled, deleted where possible or archived to adhere with legal obligations.
All rights, obligations or liabilities accrued by the parties up to the date of termination, including rights to damages in respect to breach of agreement will not be affected or prejudiced. Moreover, all those Terms that come into effect or remain in effect as stated in these Terms will remain in full force and effect.
Neither party shall be in breach of these Terms and liable for any costs or damages due for delay in performing, or failure to perform, its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes; acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation; provided, however, that in the event of a failure or delay, both parties shall use their best efforts to ameliorate the effects of any such failure or delay.
No other Terms
There are no conditions, warranties, representations or other agreements between the parties in connection with the subject matter of these Terms (whether oral or written, express or implied, statutory or otherwise) except as specifically set out in these Terms.
A waiver of any default, breach or non-compliance under these Terms is not effective unless in writing and signed by the party to be bound by the waiver. No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other party. The waiver by a party of any default, breach or non-compliance under these Terms shall not operate as a waiver of that party’s rights under these Terms in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
Successors and Assigns
No one other than the party to these Terms, their successors and permitted assignees, will have any rights or remedies provided by law. No party shall assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its respective rights or obligations under these Terms without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
No Partnership or Agency
Nothing in these Terms is to be construed as creating a partnership or joint venture between any of the parties, constitute any party as the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Rights and remedies
No remedy referred to in these Terms is intended to be exclusive of any rights or remedies provided by law but should be construed to be an addition to any rights or remedies provided by law.
Each party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with these Terms that the other party may reasonably require, for the purposes of giving effect to these Terms.
No variation of these Terms will be effective unless it is in writing and signed by the parties (or their authorised representatives).
In addition to the payment of the fees, charges and other amounts required to be paid under these Terms, each party shall bear and pay the taxes, levies, duties, customs and similar charges which are levied, assessed and exigible on that party, by operation of applicable laws, as a result of the performance of these Terms.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, USA. The courts of Delaware shall have exclusive jurisdiction over disputes or claims.
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