HERS maintains adequate data security measures to protect information against unauthorized access and disclosure. These measures include the implementation of commercially reasonable technical, physical and administrative data security safeguards. HERS requires employees to complete appropriate training on data management and security practices. HERS also manages a service provider due to diligence and oversight program to ensure that our vendors employ adequate data collection, processing, transfer, management and security measures in carrying out their services on our behalf.

There is no such thing as “guaranteed security”, whether conducting business online or offline. Having established this fact, HERS employs commercially reasonable and appropriate data security safeguards that are consistent with our business operations and are generally accepted industry standards.

Data security is our supremacy and we pledge ourselves to protection our customers’ data. We do this by:
• Establishing policies and procedures for securely managing information;
• Limiting employee access to sensitive information;
• Protecting against unlawful access to customer data by utilizing data encryption, authentication, and virus detection technology, as required;
• Requiring service providers with whom we do commercial to fulfill relevant Data Privacy Legal and Regulatory Requirements;
• Monitoring our websites through recognized online privacy and security organizations;
• Conducting appropriate background checks on employees and providing essential Data Privacy Training to our team members;
• Continually assessing our data privacy, information management, and data security practices

Furthermore, under no conditions will HERS, our officers, contractors, employees, subcontractor, suppliers, agents, affiliates, successors, subsidiaries or assigns be held answerable for any interruption of service resulting directly or indirectly from acts of nature or causes beyond its reasonable control, this includes, without limitation, government actions, war, civil disturbances, fires, floods, storms or acts of terrorism.

The content, graphics and other elements of this website are protected under copyright and trademark laws and may not be reproduced in whole or in part without the express written consent of HERS.

• The customer hereby warrants that the terms of the order supplied by the company and any additional terms are accurate. The company accepts no responsibility for any errors, omissions or other defects in the order or additional terms.
• Additional charges shall be payable in respect of any additional terms.
• In the event that the company provides goods or carries out any services for which charges are not agreed in advance, the company may charge the *standard rates.

Cancellation/Refund
• No order may be cancelled after the company has delivered the licensed data or any part thereof to the customer.
• If the customer wishes to cancel an order, it must be given in written notice of cancellation by post or fax to the company (at the address or number given on the website) before the licensed data has been delivered and there shall be a cancellation charge of 75% of the charges to the company payable within 7 days of the written notice of cancellation.

Payment
• The customer shall pay the charges and any other sums payable to the company under this agreement in accordance with these terms.
• The charges are exclusive of value added tax and governmental or other charges, which shall be added to such payments if applicable and shall be included and itemised separately on invoices, where appropriate.
• All charges or any part thereof and any other sum payable to the company in terms of this agreement shall be made free from any deduction, withholding or set-off.
• Payment of all charges shall be due within 7 days of the date of invoice or on the dates set out in the order.
• Time of payment shall be a material condition of the agreement and unless otherwise agreed in writing between the company and the customer, interest at the rate of four per cent per annum above the base rate for the time being of the Bank of Scotland will be payable by the customer on all sums remaining unpaid after the due date for payment as provided for in this agreement.
• The customer hereby undertakes to and indemnifies the company against all costs, charges, expenses and other sums expended, paid, incurred in relation to the recovery of any charges or part thereof or interest thereon or any other sums payable under this agreement by the customer.
• Where the customer is an incorporated body, the directors or members of the customer shall be jointly and severally liable for any sums payable to the company in terms of this agreement.
• Payments made to the company by credit card will be subject to an additional charge of 2.5% of the total invoice value.

Replacement Data
• If the licensed data has been supplied from the company’s own in-house database and not from a third party or brokered database bought in especially for the customer, then, the company will provide replacement data under the following circumstances:

• Where more than 2% of postal addresses in the licensed data can be shown to be inaccurate; or where more than 2% of telephone numbers in the licensed data can be shown to be inaccurate; or where more than 5% of the email addresses within the licensed data generate hard bounces; and for the avoidance of doubt, where the company provides extra data among the licensed data free of charge, such data shall not be subject to the replacement obligations.
• Where licensed data has been purchased or brokered from a third party on behalf of the customer, replacement data can only be sought, when more than 10% of mailing addresses can be shown to be inaccurate or where over 10% of telephone numbers can be illustrated as non-contactable. However, replacement data will be at the discretion of the third party supplier and the company shall not be held accountable if no replacement data is made available.

• Demonstrate that they have tried to contact a minimum of 20% or 500 (whichever is the greater) of the recipients in the licensed data in question within a period of 30 days from delivery of the licensed data; and provide a full report detailing the accuracy or inaccuracy of each individual record in the licensed data and in relation to email addresses, identify whether any bounces were hard bounces or soft bounces in report format from a verified email broadcasting tool.
• On receipt of the reports in terms of clause 6.3, the company shall have 10 working days to investigate any inaccuracies and if they are satisfied that they are above the levels set out in clause 6.1 then replacement data for the appropriate number of inaccurate record will be supplied as soon as reasonably practicable or where the licence data is being delivered in batches to the customer, along with the last batch of licensed data.
• All email databases shall contain no more than 30% generic emails unless personal emails only are requested. If the supplied data contains more than 30% generic emails then the customer (unless otherwise agreed prior to signing the order form) will be entitled to have these replaced to ensure that the supplied data falls within the 30% generic split.