Terms & Conditions
1. Interpretation
1.1 In these Conditions:
‘Client’ means the individual/business named on the subscription form for whom the Company has agreed to provide the Directory Service in accordance with these Conditions
‘Contract’ means the contract for the provision of the Directory Service.
‘Directory Service’ means the service to be provided by the Company for the Client and in particular the listing of the Client’s business name, contact details and synopsis on the Company’s website www.PalantirBusinessGroup.com in the form of a page dedicated to the client.
‘Company’ means Palantir Business Group Limited whose registered office is at The Mill Building, 35 Chatsworth road, Worthing, West Sussex, BN11 1LY (company number 07777471)
‘Company’s Standard Charges’ means the charges shown in the Company’s prospectus, website or other published literature relating to the Service from time to time.
‘Term’ means a subscription to the Service for a period of a rolling contract. 2 month's notice must be given for cancellation of the term.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Supply of Services
2.1 The Company shall provide the Client Acquisition Service subject to these Conditions. Any changes or additions to the Service or these Conditions must be agreed in writing by the Company and the Client.
2.2 The Client shall at its own expense supply the Company with all necessary business details, including the messages, content and any other materials within sufficient time to enable the Company to provide the Client Acquisition Service in accordance with the Contract. The Client shall ensure the accuracy of all materials provided. The client is obligated to pay for leads generated when the company is using the text and materials approved by the client.
2.3 The Company shall have no liability for any loss or damage of materials provided by the Client, however caused.
2.4 The Client Acquisition Service shall be provided in accordance with the Company’s current Prospectus or other published literature relating to the Client Acquisition Service from time to time, subject to these Conditions.
2.5 Further details about the Client Acquisition Service, and advice or recommendations about its provision or utilisation, which are not given in the Company’s website, Prospectus or other promotional literature, may be made available on written request.
2.6 The Company may correct any typographical or other errors or omissions in any Prospectus, promotional literature, quotation or other document relating to the provision of the Client Acquisition Service without any liability to the Client.
2.7 The Company shall be entitled to sub-contract any of its rights or duties under the Contract.
2.8 The company (Palantir Business Group ltd) cannot guarantee the amount or quality of leads, but will use all reasonable care and skill to provide such leads throughout the term of the contract. Leads can be cancelled at the discretion of the Company, however the Company has the right to demand payment for any Lead, should they wish to do so.
2.9 Leads that have been issued free of charge as part of an ad hoc arrangement with the client are noncancelable, meaning that the client can not exchange a free lead for another lead.
3.0 Leads can only be cancelled at the company's discretion.
3. Exclusivity Area
3.1 The Company is pleased to offer a general geographical area to the Client they wish to target in respect of the Client Acquisition Service. But can not be entirely specific.
3.2 Such an area is agreed on a case by case basis and is guaranteed for the duration of the Term. The areas to target clients can be changed during the course of the term upon written request.
4. Charges
4.1 Subject to any special terms agreed, the Client shall pay the Company’s Standard Charges and any additional sums which are agreed between the Company and the Client for the provision of the Client Acquisition Service.
4.2 The Company shall be entitled to vary the Company’s Standard Charges from time to time by giving not less than 30 days written notice to the Client.
4.3 The Company shall invoice the Client at the start of each month in which the Client Acquisition Service is provided, or at other times agreed with the Client.
4.4 The Company’s Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set‑off or other deduction) within 10 days of the date of the Company’s Invoice.
4.5 If payment is not made within 10 days of the Invoice being sent, the Company shall be entitled, without limiting any other rights it may have, to charge 5% interest per day on the outstanding amount (both before and after any judgement) until the outstanding amount is paid in full. An administration charge will also be applied, which is priced at the Company's discretion.
4.7 The Client shall not be entitled to withhold payment of any sum otherwise payable to the Company by reason of any claim, set-off or for damages in relation hereto.
4.8 Failure to pay the agreed upon amount for each Enquiry during the term of the contract may result in legal proceedings to claim back the sum that is owed once the term has finished. If the outstanding amount is paid more than 10 days after the Invoice has been sent, then additional charges may be added. [as in point 4.5]
5. Warranties and Liability
5.1 The Company warrants to the Client that the Client Acquisition Service will be provided using reasonable care and skill. But can not guarantee this.
5.2 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non‑arrival, or any other fault of the Client.
5.3 The Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Client Acquisition Service or its use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company’s charges for the provision of the Client Acquisition Service, except as expressly provided in these Conditions.
6. Force Majeure
6.1 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations under the Contract if the delay or failure was due to any circumstances or cause beyond the Company’s reasonable control.
6.2 Without prejudice to the generality of the foregoing, circumstances beyond the Company’s reasonable control shall include act of God, server crashes, virus attacks on equipment, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, bad weather, software, power or equipment failure, strikes, staff holiday, lockouts or other industrial actions or trade disputes.
7. Term and Cancellation
7.2 In the event that the Client wishes to terminate the Contract, the Client shall remain liable for each lead generated for the remainder of the Term, which is 2 months from the date they stated that they wish to terminate the contract.
7.3 In the event that the Client does not give written notice to the Company to terminate the Contract, then the Clients subscription shall be automatically renewed. 2 month's notice must be given to cancel the term.
7.4 The Company may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if it goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
8. General
8.1 These Conditions (together with the terms, if any, set out in the Email exchange) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
8.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be made by email or in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
8.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
8.5 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
8.6 The client and those affiliated with the client are not permitted to copy or reuse the software, messages and overall technique that the Company uses to generate Leads. Any such attempt may result in Legal Prosecution.
By subscribing to the Palantir Business Group Ltd - Client Acquisition Service, you are agreeing to our Terms and Conditions.
