Data Set Deliverability Clause Samples

Data Set Deliverability. Email may sometimes not be deliverable for a number of reasons such as the users account being disabled, their mailbox being full or does not exist, or, an anti- spam policy or computer firewall. The Licensor makes a reasonable effort to minimise non deliverability which is a normal issue in a rapidly changing communications channel. An email Data Set may experience some Bounced data. Bounced data is a rejected delivery and in particular is considered as such when it is found that the domain does not exist and an error is returned by the sending or receiving server which is termed as a Hard Bounce. The Licensor guarantees a Hard Bounce Rate not exceeding 10% and provides additional data with the initial Contract to ensure the agreed Recipient delivery is achieved. If, in despite of this additional data, the net delivery is below the Data Set volume agreed in the Contract, and can be evidenced by the email broadcast report, then the Licensor will supply, at its sole discretion, Top Up Data to replace the Hard Bounced data. This is solely on the basis that the Licensee has fully paid the original invoice for the Data Set and also provided tangible evidence by supplying a broadcast log/report of the Hard Bounced data. A postal Data Set may experience a number of Gone-aways. A Gone-away is considered as such when an envelope is returned, via the postal system, marked as such. The Licensor guarantees a Gone away level not exceeding 10% and provides additional data with the initial Contract to ensure the agreed Recipient delivery is achieved. If, in despite of this additional data, the net Recipient delivery is below the Data Set volume agreed in the Contract, and can be evidenced by the mailing report and return envelopes, then the Licensor will supply, at its sole discretion, Top Up Data to replace the Gone away data. This is solely on the basis that the Licensee has fully paid the original invoice for the Data Set and provided evidence, by supplying return envelopes or evidenced records, of the Gone-aways. Such Data Set shortages in relation to Gone-aways and Hard Bounced Data must be notified to the Licensor in writing within 30 days after which time the Licensee is deemed to have accepted the Data Set. Where there are insufficient additional Top Up Data records to meet the original Contract License the Licensor, at its sole discretion and only if the Licensee invoice for the data Set is fully paid, will consider a credit note to the Licensee which must be u...