Terms and Conditions
Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site") or opening any attachments containing "leads" or data
This Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Client and or Customer") named on the accompanying and incorporates the Invoice ("Invoice") and NationwideIS Please read this agreement carefully. Your signature and/or payment includes your agreement and affirms you are authorized to approve this transaction on behalf of the company that you represent. "Leads" are defined as parties or individuals who through the Internet are requesting information about obtaining a mortgage loan or data complied and supplied in list form. Leads are transmitted via e-mail on excel or plain text. Data is defined as records or information about consumers and not pre-qualified.
Servicing leads and data.
Client must request and take delivery of all list, lead and data orders within 90 days of the date of purchase. All other products and services offered must be taken or used within 30 days of the date of purchase.
Client can purchase a set amount of data and draw down from that balance. There are two requirements:
1) Take at least 250 at a time.
2) Requested leads are processed and sent on the first business day of the month. Client must request and take delivery of all list, lead and data orders within 90 days of the date of purchase
You will receive a separate email with your invoice WE CANNOT ACCEPT ORDER CHANGES It may take up to 1 business day before you receive your order. Please inform your sales associate if you have any special requests to receive your order. Once your order is complete you will receive an e-mail with your user name and password and instructions how to download the order. Minimum orders may apply. Minimum dispersement of data/leads at one time may apply. Must request data orders via email.
Third party list suppression fee is $50 per 100K records. Fee is for each suppression performed. All suppression files must be in one format either .csv or text. Client must specify whether to suppressed by phone OR address, city, state and zip code.
A) In addition to the terms and conditions you read and agreed to when signing up for the auto dialer or live transfer system. We do not allow 3rd party data to be used with our system and do not provide technical support for it. If any 3rd party data is dialed and used within your account you will automatically be increased to 9.9 cents per minute, permanently. WIthin 30 days of data purchase date your billing rate will 5.9 cents. B) If we have agreed to set up your campaign we will offer a one time complimentary set up and if you want to run another campaign you will need to set it up yourself after completing a scheduled training and please allow at least one business day to schedule trainings. Keep in mind that you will not be able to call and set up a new campaign within the same business day if you need our assistance. C) All predictive dialer training needs to be conducted BEFORE using the system. Training needs to be scheduled with customer service and please allow one business day to schedule a new training. D) Predictive Dialer Customer Service Hours see web site for details.
Confidentiality; Compliance With Laws.
(A) Client agrees to maintain the privacy and confidentiality of all Leads received by Client. Client also agrees to comply with all laws, regulations, rules, and ethical and professional standards (collectively, "Laws") applicable to Client, Client's Licenses (as hereinafter defined) or Client's business.
(B) Client certify that client is properly licensed or other wise authorized to conduct business in the state(\(\(\(s) for which client has entered. Client understands that ANY and ALL leads are to be used for the SOLE purpose of personal use AND that these leads or data SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads or data. The leads AND ALL of the information contained therein SHALL remain the sole property of NationwideIS and CANNOT be used for any other purpose without our explicit written permission.
(C) I/we agree to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regards to the DNC.
Do Not Call Registry
The following agreement governs your use of the NationwideIS data and website. If you do not agree to these terms, please exit the site now and/or delete your data order You acknowledge that the U.S. Federal government, certain states and self-regulatory bodies may each have restrictions on telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, NationwideIS disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the data ordered by or for you or your customer. You understand and warrant that you will comply with the rules relating to any Do-Not-Call Registry ("DNC Registry") promulgated by federal, state or self-regulatory bodies, specifically including those rules that: (A) Require all sellers who initiate, or cause a telemarketer to initiate, an outbound telephone call that is not otherwise exempt to pay the appropriate fees for any DNC Registry, (B) Require all telemarketers who initiate an outbound telephone call that is not otherwise exempt on behalf of a seller to ensure that the seller has paid all appropriate fees for any DNC Registry, and (C) Require any company performing DNC list scrubbing on behalf of a seller to ensure that it is scrubbing the calling lists against that seller's and only that seller's version of the DNC list. You certify under the penalty of law that you will use the information gathered from any DNC Registry solely to comply with the provisions of any regulatory or self-regulatory body or otherwise to prevent telephone calls to telephone numbers on the registry. Information will be provided from recognized industry compilers of leads/data and other sources. NationwideIS makes no representation or warranty, express or implied, regarding the accuracy or completeness of data/leads to be delivered, results to be obtained with the data, or that the data/leads has been scrubbed against any regulatory or self-regulatory DNC Registry. NationwideIS is not liable for loss of profits, or for any other claims regardless of the form of action. NationwideIS sole liability would be to return the amount paid for the data. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If applicable, you will, whenever reasonably possible, secure your customer's written agreement concerning notification obligations of the previous sections.
FOR ALL DNC MANAGER SCRUBBING ORDERS
Scrubbing services are performed by an independent vendor of NationwideIS. NationwideIS makes no representation or warranty regarding the accuracy of the scrubbing service, and you agree that you have no recourse against NationwideIS in the event the scrubbing service provided to you is inaccurate or incomplete. I/we agree to comply with any and all federal and state do not call regulations and laws. Per the TCPA, which went into effect in 1991, no telemarketing calls can be made to a wireless phone since the consumer may be charged for this call. The regulations require that all telemarketers scrub their dialing lists against the Neustar list at least every 15 days. I the purchaser of the data/leads understand it is my sole responsibility to decide if I/we need to scrub wireless phone numbers and NationwideIS does not remove wireless phone numbers from the leads/lists sold to clients. SAN# request is a method for NationwideIS to verify that you or your client is registered with the FTC as a compliant telemarketing entity. This SAN# request is a matter of protocol as these telemarketing files have been regularly scrubbed against the Federal DNC list and the Federal law states that all parties must be registered in order to gain any benefit from these Federally sponsored DNC lists. This request, however, does NOT warrant that this data is 100% compliant at the time of your order. Likewise, NationwideIS urges all telemarketing companies and/or their agents to perform subsequent DNC scrubbing against all Federal and State DNC lists. This scrubbing can occur by contacting your representative at 877-850-9498.
Signed invoice and/or credit card form includes the below SAN form
National "Do Not Call" Registry Certification of Registration
Under federal law it is necessary for NationwideIS and other list service providers, to obtain proof of certification from customers that wish to purchase consumer lists with telephone numbers. The purpose of this form is to obtain the needed information to fulfill the orders that you ("Licensee") place with us. Please be aware that NationwideIS will do everything within its reasonable control to suppress telephone numbers of consumers who have registered with the National "Do Not Call" Registry (the "Registry"). However, as specified under applicable laws, rules and regulations, the ultimate responsibility lies with the telemarketing company and the selling organization to ensure that consumers registered on the Registry are not contacted by telephone (within the specified time period of consumer registration). Please complete the form below stating Licenseeâ€™s Full Legal Name, Subscription Account Number ("SAN") and SAN Expiration Date. This form must be signed by an authorized officer of Licensee prior to Licensee receiving any list with telephone numbers applied. Licensee hereby certifies, under penalty of law, that Licensee is seeking access to the Registry solely to comply with the provisions of the federal "do not call" laws, rules and regulations or to otherwise prevent telephone calls to telephone numbers on the Registry. Licensee certifies that Licensee is not participating in any arrangement to unlawfully share the cost of accessing the Registry. Licensee certifies that Licensee has paid the required fee for access to the Registry and that it will seek to obtain access to information from the Registry solely for the area codes for which Licensee has paid the required Registry fee. Licensee certifies that the following is Licenseeâ€™s valid, current SAN:
Licensee Full Legal Name: __________________________________
Licensee SAN: ___________________________________________
SAN Expiration Date: ______________________________________
Licensee is directly responsible for its compliance with all federal and state "do not call" laws and regulations. NationwideIS does not warrant the correctness, completeness, currentness, merchantability or fitness for a particular purpose of the information provided and is not liable to Licensee for any loss or injury arising out of, or caused in whole or in part by NationwideIS provision of any information or your use thereof. Licensee agrees to indemnify and hold harmless NationwideIS and its affiliates and their respective directors, officers, members, managers, employees, agents and successors and assigns from and against any claim made by any third party that arises from or is in any way connected with Licenseeâ€™s use of the provided information in violation of federal or state do not call laws rules or regulations or this certification. Licensee agrees that it will not provide any telephone number information provided by NationwideIS to Licensee to any third party unless such third party either (a) completes a Certification of Registration itself or (b) has made certifications and provided information to Licensee similar in all material respects to the certifications made and information provided by Licensee to NationwideIS herein.
ACCEPTED AND AGREED: (incorporated from invoice and/or credit card form.)
Print Name/Title: _________________________________________________
Payment Arrangements. Payment in full is due before the beginning of the program
Termination of Agreement.
NationwideIS may cancel this agreement at any time, with cause, by written notice to the other party. We reserve the right to refuse service.
(A) NationwideIS takes reasonable care in providing this information. However, we do not assume any liability for the correctness of this information, or the information from which it is compiled, nor warrant the comprehensiveness, completeness, accuracy, number of times distributed, date generated or adequacy for any purpose or particular use of this information. NationwideIS reserves the right to provide client with any lead available in the licensed area to fulfill agreement. Every effort will be made to provide the most desirable leads. NationwideIS acts solely as a "re-seller" of leads/data and any actual liability would rest with the original compiler of the leads/data. ALL INFORMATION DATA AND LEADS PROVIDED IS MODELED AND ESTIMATED INFORMATION.
(B) NationwideIS does not guarantee the delivery of your ordered leads/data from our web site through your or our e-mail server. Due to uncontrollable technical issues we cannot be held responsible for any leads you do not receive via e-mail or any lost revenue, time or resouorces by customer. NationwideIS does not assume any responsibility to store or save leads, data or orders on our computer hardware for more than 10 business days from scheduled delivery or invoice date.
(C) NationwideIS reserves the right to use e-mails, voicemails, verbal conversations or any correspondence between NationwideIS and a potential client or existing client to promote our products and services. You agree and consent to have your correspondence posted on our web site, sent in an e-mail or given by phone as a reference which could but not be limited to your name, company name, e-mail or phone number for prospective clients of NationwideIS to contact you as a reference. If you do not want to be listed as a references or would like to have your information removed from our database or want your information kept private. Please submit to us in writing stating this.
(A) Eligibility. The outcome of your lead program is not guaranteed. No monetary refunds. If paying by credit card you further agree to waive your right to "charge-back" and dispute this transaction with your credit card company and agree to the our replacement policy. If charge back or refund does occur you agree to pay any fees assessed by the merchant account plus a minimum of a $100 processing fee. If paying by check purchaser agrees not to stop payment or face collection activity and legal action to collect debt.
(B) Procedure to Claim Refund. NationwideIS Advantage replacement instructions for lists/data: Pioneer Info will replace the data/lists/leads under the following conditions. This will be a one time replacement request and data/lists/leads will be replaced one time only after you have completed calling/contacting/marketing the entire list. Customer must e-mail to the orginial leads received from PIONEERinfo creating a new column to the right of the spreadsheet using the following codes to identify the data/leads that are requested to be credited/replaced. NI=Not Interested. DISCO=Disconnected Phone. OL=Old Lead. DNC=Do Not Call List. MISC=Other Reason (must specify) NationwideIS solely reserves the right to determine which leads are refunded
Client agrees to indemnify, defend and hold NationwideIS harmless from and against any claim, liability, cost, loss, demand, damage, judgment or award (including but not limited to (a) court costs and (b) attorney and expert witness fees and costs for counsel and experts chosen and directed by NationwideIS arising from or in connection with any third parties products and services including, but not limited to internet generated leads, consumer information, mortgage data or sales/marketing leads not generated or compiled by NationwideIS and (a) any false statement in any of Client's representation or warranties contained in this Agreement or (b) any breach by Client of any of Client's covenants and agreements contained in this agreement, including but not limited to Client's agreements regarding Confidential Information and regarding Client's ongoing compliance with Licenses, Laws and Professional Standards. NationwideIS reserves the right to use client comments be they e-mail, voicemail or written for any purpose, to include posting comments on web sites operated by NationwideIS Client agrees to arbitration as a first step to resolve a dispute between both parties. Arbitrator will be chosen by NationwideIS. This Agreement shall all be governed and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be performed in Idaho. You agree that any legal action or proceeding between NationwideIS and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. NationwideIS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NationwideIS may assign its rights and duties under this Agreement to any party at any time without notice to you. Any and all damages will be limited to a maximum of $100.
Direct Mail Program
Complimentery design programs terms and conditions
- Program is structured to assist client in organizing their piece in a design concept only.
- Any logo and image design is NOT included and is clients responsibility
- A maximum of 5 revisions is included, delivered via email only in PDF format
- Client is repsonsible for any necessary software to complete included design
- Design must be finalized within 30 days of purchase
- Customer to provide ALL text, logos, design concepts and images in a high resolution .JPG format only
- Client must email all text, logos and images.
- NationwideIS may elect to use our stock designs to assist in design. However, this does not obligate us to provide any design images.
- Client must print the post card with PIONEERinfo only at our published rates. No third party printing support is offered
- NationwideIS cannot be held responsible for the quality of images and logos provided by client
Proof Approval For Designer Customers
Customer verified that spelling and content are correct. Customer is satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, customer cannot make any changes once my order is placed and that I assume all responsibility for typographical errors and image errors. Customer understands that the color settings of my monitor and that of the printing press may be different, so variations of the on-screen and printed piece will differ slightly. I have read the statement above and agree. Pricing: Published prices obtained from NationwideIS. are subject to change without notice. All published prices and written quotations will be honored for 30 days after the date of the original quotation. Payment Terms: All orders must be prepaid prior to commencement of work. Payment may be company check, money order , or by credit card (Visa, MC,Amex). There will be a $30.00 fee for returned checks in addition to the original amount due. Payment By Credit Card: Client paying by credit card agrees to be bound by the NationwideIS Terms, Conditions and Specifications. Card holder and Client specifically agree to pay all costs incurred if their order is prematurely cancelled and it is understood that no credit will be provided for returned orders. Client agrees to supply a copy of the front and back of their credit card if requested for signature comparison. The order amount will be charged to the credit card at the time the order is submitted. Returns For Credit: No refunds will be provided. Order Cancellation: No order may be canceled after acceptance.
NationwideIS will not repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof. Claims for defects damages or shortages must be made by the customer in writing within (10) days after delivery. Defective orders must be returned within (30) days after delivery. NationwideIS sole liability shall be limited to replacement of short quantities only and in no case shall include special or consequential damages including customer expenses, profits or profits lost. Indemnification: Client hereby affirms ownership and/or publishing rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless NationwideIS and its affiliates and employees from any and all loss, cost, expense and damage on account of any and all manner of claims demands, actions and/or proceedings that may be levied against NationwideIS on the grounds that said printing violates any copyright or proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right. The Client agrees to, at the Clients own expense, promptly defend and continue the defense of such claim, demand, action or proceeding, that may be brought against NationwideIS provided that NationwideIS shall promptly notify the Client with respect thereto. Ownership Of Preparatory Materials: Artwork, type, digital files, and plates produced by NationwideIS in the ordinary course of production remain the exclusive property of NationwideIS unless otherwise agreed to in writing. Client Supplied Files: All digital files submitted must adhere to our Digital File Checklist. If they do not, a fee will be charged. NationwideIS assumes no responsibility and cannot be held liable for the quality and/or color accuracy of the final outcome when Digital File Specifications are not met. Color Matching: Due to the differences in equipment, paper, inks and other conditions between color proofing and production, a reasonable variation in color between color proofs and the completed job is expected. Postcards are printed digitally which offers very high quality printing at an affordable price, but may be subject to a slight shift in color . A 3% color shift is considered the acceptable industry standard. We do not guarantee exact color matching. Proofing Options: Online proofs in 24 hours. Color Digital Online Proof: Are available at no charge and are sent by email in an Online Format. These are not accurate color proofs but will give a close proximity of how the design will look. We are not responsible for the Clients ability to accurately view this proof. Color will vary from this proof to the printed piece. Your signature on a proof will be final and irrefutable acceptance and approval of the proof. We will not accept under any condition verbal approval of a proof. Shipping & Handling: All shipping charges are in addition to the selling price of the job.
License and Confidentiality.
All Data furnished is licensed for one-time usage for marketing purposes only, unless otherwise stipulated in writing by NationwideIS, and shall not be made available by the Customer, in whole or in part to any other person, firm or entity, in any form or manner whatsoever. It is acknowledged by Customer that any disclosure of the Data to third parties would be damaging to NationwideIS. and it's Suppliers. Customer agrees not to resell, reuse, or duplicate Data purchased from NationwideIS. and the Data shall not be used in development of any service or product that is competitive with NationwideIS., its Suppliers or data compilers in general.
Compliance with Laws and Industry Standards. Customer agrees to comply with all federal, state and local laws, rules and regulations applicable to each party's receipt and use of data provided to the other.
All Marketing efforts, solicitations, ad copy and/or other communications to be used in connection with any list created by or for Customer derived from the Data (i) shall be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable privacy and data protection laws, rules and regulations, including all policies published by the Direct Marketing Association (DMA); (iii) be in good taste in accordance with generally recognized standards of high integrity. NationwideIS. reserves the right to pre-approve and review the Customer's intended use of the Data, including, but not limited to, sample mail pieces, prior to acceptance of an order. Customer is responsible for all materials intended for mailing to names/addresses derived from the Data, and further agrees to (i) keep copies of mail materials for a period of at least six (6) months after any mail date and (ii) provide one (1) copy of such materials at no cost to NationwideIS upon request.
Publicity and Marketing Restrictions. Customer may not use or disclose the name of NationwideIS. or any of NationwideIS's trade names, trademarks or service marks, or intellectual property for any purpose as the identification of the source or reference of Customer's data or services or for any other purpose of Customer without the prior written consent of NationwideIS.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the NationwideIS Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.