Terms of Service...


1. How We Do Business
Peacock Data, Inc. (hereinafter, "PDI") has established these reasonable Terms of Service to make working with purchasers (hereinafter, "Customer") of its data processing services and related products (hereinafter, "Services") a productive, agreeable and fair enterprise for all parties involved.

2. Important Notice
Orders for Services may be submitted by Customer using PDI's online order form, by electronic mail, by facsimile, by written correspondence, verbally or by any other means agreed to by PDI. By submitting an order Customer is requesting Services from PDI, agreeing to pay for such Services on time and at applicable rates, agreeing to these Terms of Service, agreeing to PDI's Privacy Policy and agreeing to any and all other terms or conditions set forth on PDI's website or provided to Customer by any means of written correspondence including, but not limited to letters, notes, electronic mail and facsimile (hereinafter, "in writing").

3. Applicable Rates
Customer agrees to pay PDI for Services at the rates posted on PDI's website or as otherwise agreed to in writing by PDI.

4. Terms of Prepaid Sales
Until PDI agrees to provide credit, all sales of Services must be prepaid in full by Customer before data processing begins. Such prepayment may be made by means of check, by credit card, by bank transfer, by money transfer or by any other means agreed to by PDI, with the exception that credit cards can only be uses for payment of Services valued at under $1,000.00 USD. For sales of Services for which the actual final cost cannot be determined until after data processing is complete, such as Services for which rates are based on the number of records matched, Customer must make a prepayment based on an estimated final cost provided by PDI. In the event the final actual cost is higher than the estimated prepayment, Customer agrees to be responsible for, and will be invoiced for any cost difference subject to the terms and conditions of Terms of Invoiced Sale below (see #6). Conversely, in the event the final actual cost is lower than the prepaid estimate, PDI will refund Customer the cost difference by means of check or by means of the method Customer made the original prepayment.

5. Establishing Credit
PDI, upon a request made by Customer and at PDI's sole discretion, may extend credit to Customer beginning after the first prepaid order, and to government and large corporate and institutional Customers beginning with the first order.

6. Terms of Invoiced Sale
Invoices for Services are due upon receipt by Customer. All amounts not paid within 30 calendar days of the invoice date shall be subject to a service charge of the lower of 1.5% per month or the highest rate under applicable law effective from the invoice date. Customer agrees that it shall pay any and all reasonable attorney fees, court costs and other expenses incurred in the collection of any amounts owed by Customer and not paid when due. Customer further agrees they (and not any other party) are totally responsible for any unpaid invoice amount unless otherwise agreed to in writing by PDI.

7. Failed Payment Transactions
In the event Customer pays for Services, prepaid or otherwise, by check, by credit card, by bank transfer, by money transfer or by any other means, and the full amount due is not made available to PDI, whether because of insufficient funds or any other reason, Customer agrees to pay PDI any additional amount due within 30 calendar days subject to the same terms and conditions set forth in Terms of Invoiced Sale above (see #6). In such an event Customer further agrees to pay PDI an additional service charge of the lower of $50 or the highest rate under applicable law.

8. Changes and Cancellations
Orders for Services may be changed or canceled without charge to Customer at anytime before such Services have been setup for processing. Customer further agrees that orders for such Services can not be changed or canceled once setup has commenced.

9. Confidentiality and Proprietary Information
All data, tapes, mailing lists, call lists, product designs, business and marketing plans, product strategies and any other confidential information (hereinafter, "Proprietary Information") submitted to PDI by Customer or by other list owners or brokers on Customer's behalf, and any work product created by PDI for Customer, shall be held in strictest confidence by PDI and shall not be disclosed to any third party without the prior consent of Customer in writing. PDI further agrees not to use or make copies of the Proprietary Information except as required to provide Services to Customer, and agrees to limit access to the Proprietary Information to its own employees, agents and consultants strictly on a need to know basis. PDI shall protect the Proprietary Information in a secure, enclosed and locked location accessible only by authorized PDI personnel. Customer shall have the right to inspect PDI's facilities during normal business hours for the purpose of reviewing PDI's security practices. PDI acknowledges that Customer is the owner of all of Customer's Proprietary Information, together with any work product created by PDI from such Proprietary Information.

10. Privacy and Data Protection Warranties
Customer agrees to comply with all privacy and data protection laws, rules and regulations. Customer warrants that any Proprietary Information sent to PDI has been legally obtained, that Customer's subsequent use of such Proprietary Information will be legal, and that, to the best of its knowledge, none of the activities for which it has engaged the Services of PDI will involve the commission by PDI of any illegal act. PDI may suspend the Services if in its reasonable judgment the performance of the Services would be illegal. Such a suspension of Services shall not constitute a default under these Terms of Service. In such an event the parties agree to use their best efforts to implement an alternative method of performing the Services. In the event that no such alternative method can be reasonably implemented, PDI agrees to return all of Customer's Proprietary Information which relates to the suspended Services promptly upon Customer's payment to PDI of any then current invoices relating to such Services.

11. LIABILITY NOTICE
PDI SHALL NOT BE LIABLE TO CUSTOMER FOR THE COMPLETE ACCURACY OF ALL DATA EXAMINED AND/OR ALTERED, NOR FROM ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY PDI'S NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING THE DATA MENTIONED HEREIN, DIRECTLY OR INDIRECTLY TO CUSTOMER. PDI'S SOLE LIABILITY AND CUSTOMER'S SOLE REMEDY, REGARDLESS OF THE FORM OF LEGAL ACTION TAKEN BY CUSTOMER, WHETHER IN TORT OR CONTRACT, SHALL NOT EXCEED THE REFUND OF THE AMOUNTS, IF ANY, PAID BY CUSTOMER. CUSTOMER AGREES PDI SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Applicable Law
These Terms of Service and any and all other terms and conditions relating to Services provided by PDI shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and shall benefit and be binding upon the parties hereto and their respective successors and assigns.

13. Summation
PDI may at any time and without notice modify these Terms of Service or any other terms or conditions relating to the Services it provides by posting such changes on its website or by providing such changes in writing to Customer. While PDI has made every attempt to make its policies as clear as possible, if anyone has further questions about these Terms of Service or the practices of PDI or its website, please contact us.