Extel Data User and Subscription Terms and Conditions

These terms and conditions, together with the Account Registration Form or Subscription Registration Form constitute the agreement between the Provider and the Company in relation to the use of and subscription to Extel Data (Terms).

Your attention is particularly drawn to clause 6.

  1. Definitions
    1. Account Registration Form: the form submitted to open a free Extel Data account which contains details of the Authorised User and the Company.
    2. Authorised User: the individual specified in the Account Registration Form or Subscription Registration Form who registers for an Extel Data account on behalf of the Company and is granted access to the Extel Data platform.
    3. >Commencement Date: the date upon which we send an email to you to accept your registration to Extel Data, at which point either the free account access or paid subscription term starts.
    4. Company: the Company specified in the Account Registration Form or Subscription Form (also referred to in these Terms as you).
    5. Confidential Information: all information that one party discloses or make available to the other party in connection with these Terms and which would be regarded as confidential by a reasonable business person (including but not limited to any information relating to either party’s operations, products, processes, trade secrets or know-how).
    6. Extel Data: all data, materials, information, text, images, graphics, designs and any other intellectual property or media made available on the Extel Data platform.
    7. Internal Purposes: the purpose of supporting the Company’s internal business operations, administration and analysis. Such use expressly excludes any commercial exploitation and disclosure to third parties.
    8. Provider: Extel Insights LLC, a company incorporated in Delaware (company number 7356692) having its registered address at Brandywine Plaza 1521 Concord Pike, Suite 201, Wilmington, New Castle County, DE, 19803, United States (also referred to in these Terms as we and us)
    9. Subscription Registration Form: the form containing details of the Authorised User and the Company which alongside these Terms, constitutes the application for a paid subscription to Extel Data.
  2. Free Account Commencement and Term
    1. you register for a free Extel Data account, these terms become effective on the Commencement Date and shall continue (unless terminated in accordance with clause 13) until you delete your Extel Data account.
    2. you wish to delete your account, please contact the Provider.
  3. Paid Subscription Commencement and Term
    1. If you register for a paid subscription, the subscription shall start on the Commencement Date and shall, subject to early termination in accordance with these Terms, continue for a fixed term of 12 months when your subscription shall terminate automatically. If you wish to continue access to the Extel Data platform at the end of your Subscription, please contact the Provider.
    2. You shall have no right to cancel your paid subscription or any part of it until the end of the fixed 12 month term. If you notify us of your intention to cancel, such notice shall only take effect at the end of the 12 month term and you shall not be entitled to a refund.
    3. You may notify us that you wish to cancel your paid subscription by sending an email to the Provider.
  4. Registration
    1. You are responsible for ensuring that the details in the Account Registration Form or Subscription Registration Form are accurate and complete. It is your responsibility to inform us of any changes to that information.
    2. We reserve the right to reject your application for a free account or paid subscription for any reason.
    3. By registering for an Extel Data free account or an Extel Data paid subscription, you confirm that the Authorised User has the authority to agree to these Terms on behalf of the Company. In relation to a paid subscription, the Company agrees to be responsible for the Fees for its Authorised User(s).
  5. Authorised User
    1. The Authorised User may not share their password or give access to their Extel Data account to any other person. The Provider may cancel or suspend any Authorised User’s access to Extel Data without any further obligation to the Company if the Authorised User shares their password and/or contact details.
    2. The Company shall at all times ensure that the Authorised User is a current employee of the Company. If the Authorised User leaves the Company’s employment, the Company shall promptly inform the Provider so that the Provider can disable the login access of such individual.
    3. If the Company wishes to substitute the Authorised User, upgrade to a paid subscription or upgrade the existing paid subscription to include multiple Authorised Users, the Company shall provide the Provider with the names and business email addresses of such additional or substitute Authorised User(s) and the details of any Authorised User(s) whose access to Extel Data is to be terminated.
    4. The Company shall pay any applicable additional fees in respect of any additional Authorised Users. No additional fee is payable for a substitute Authorised User.
  6. Usage Policy
    1. All of the Extel Data belongs to the Provider who owns all intellectual property rights (including copyright and database rights) in the Extel Data and any selection or arrangement of the Extel Data. No intellectual property rights are transferred to the Company or its Authorised Users. The availability and use of the Extel Data is therefore subject to these Terms.
    2. The Authorised User may access and use the Extel Data for Internal Purposes only.
    3. If the Company wishes to use the Extel Data for external purposes (including but not limited to marketing or promotional material) then the Company must first obtain an Extel Promote marketing licence from the Provider.
    4. The Authorised User may not:
      1. reproduce, store, copy, provide or distribute any Extel Data to or for the benefit of any affiliates of the Company or any other third parties;
      2. use the Extel Data for any external purpose unless the Company has an Extel Promote marketing licence with the Provider;
      3. use the Extel Data to provide any services which compete with the business of the Provider or for any other commercial purposes.
    5. Usage of Extel Data which is not permitted under this clause 6 constitutes a breach of these Terms and may also be a breach of copyright law.
    6. Without prejudice to any other right or remedy that the Provider may have, if, in the Provider’s reasonable opinion, the Company or the Authorised User is abusing the Extel Data, then the Provider reserves the right to place restrictions on the Company’s and the Authorised User’s use of and access to the Extel Data.
    7. The Provider may, at its discretion, change, remove, suspend or discontinue any aspect of Extel at any time.
  7. Subscription Fees
    1. The fees for the Initial Term are the prices quoted on our website at the time you submit the Subscription Registration Form.
    2. If you wish to change the scope of your paid subscription and we agree to such change, we will modify the Fees accordingly.
    3. We reserve the right to increase the fees on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the Consumer Prices Index in the preceding 12-month period and the first such increase shall take effect on the first anniversary of the Commencement Date and shall be based on the latest available figure for the percentage increase in the Consumer Prices Index.
    4. Our fees are exclusive of VAT. Where VAT is payable you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the fees.
  8. Payment
    1. Payment for any subscription is due in advance. We will take your first payment upon acceptance of your registration.
    2. Payment for a subscription is by debit or credit card through an online payment portal on our website.
    3. We will send you a payment receipt following each payment.
  9. Privacy Policy
    1. All information obtained by the Provider in connection with the Subscription, including information about Authorised Users, shall be used by us in accordance with our privacy policy.
    2. It is anticipated that Authorised Users (or the Company on behalf of its Authorised Users) shall be sharing their personal data with the Provider in the form of names, work email addresses, login details and password, which the Provider shall hold for the purposes of providing access to Extel Data.
  10. Indemnity
    1. The Company shall indemnify the Provider from and against all liabilities, costs, expenses, damages and losses arising out of or in connection with the unauthorised use of the Extel Data by the Company or any Authorised User.
  11. Limitation of liability
    1. Neither party shall be liable to the other for any incidental, punitive, indirect, special or consequential damage, loss or expense.
    2. The Provider’s liability to the Company under these Terms shall be limited to the higher or (a) £1,000 or (b) the fees for the then current term in which the claim arose.
  12. Confidentiality
    1. Each party agrees not to disclose Confidential Information without the other party’s prior written consent and to use at least the same degree of care to prevent unauthorised use and disclosure of Confidential Information as it uses with respect to its own confidential information of like importance (but in no event less than a reasonable degree of care).
    2. Each party may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Subscription.
  13. Termination
    1. The Provider may suspend or terminate your account or subscription without further obligation to you:
      1. If you or any Authorised User breaches these Terms;
      2. If you fail to pay any fees when they fall due;
      3. If the Provider is prevented from providing Extel to you by circumstances beyond its control.
    2. Upon termination of the Subscription for any reason you shall, within 30 days of the termination date, delete all Extel Data stored in your possession or under your control, unless otherwise agreed with the Provider in writing, or unless retention is required by law or for regulatory purposes (in which case you agree that the Extel Data shall only be retained to the extent required under such law or regulation and shall not be used for commercial purposes).
  14. General
    1. Survival. Any term that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
    2. Force Majeure. The Provider shall not be in breach of these Terms or be otherwise liable if it is prevented, hindered or delayed in providing Extel Data to you or from performing any of its obligations if the delay or failure was due to any cause beyond its reasonable control. In such circumstances, the Provider may suspend Authorised Users’ access to Extel Data.
    3. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under s subscription to another entity.
      2. You may only assign or transfer your rights or your obligations under a subscription if we agree in writing.
    4. Variation. We reserve the right to amend these Terms in our sole discretion. Any amendments will be effective immediately upon posting to our website. Continued use of Extel Data following the posting of any amendments will constitute agreement to such amendments.
    5. Entire agreement. The Terms are the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    6. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    7. Third party rights. The Terms are between you and us. No other person has any rights to enforce any of its terms.
    8. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.