Terms and Conditions

This Agreement is between Findable Plus powered by Hopewiser Limited (registered address: 2 Merlin Court, Atlantic Street, Altrincham, Cheshire, WA14 5NL; Company No. 01621544) ("Hopewiser") and the End User ("End User") for the provision of postcode lookup services via the FindablePlus website.

Hopewiser grants the End User a non-exclusive, non-transferable licence to use the services subject to the terms of this Agreement. By creating an account, the End User agrees to be bound by these terms. The Service is licensed to the End User and remains the property of Hopewiser and any Data Suppliers.

1. Definitions

2. Acceptance

The End User is deemed to have accepted the Credit Pack upon the first Transaction being requested or payment being made, whichever is earlier. A valid Token and Credit Pack is required to access the Service.

3. Charges

1. The Licence Fees and the basis for calculation for the Service are as set out in the Service Agreement.
2. The End User shall purchase the Service via Credit Packs.
3. The End User may purchase multiple Credit Packs within a single Licence Period.

4. The Service

1. The End User may only access the Service using a Token associated with the Account.
2. The End User may not permit third parties to access the Service using their Token(s), unless agreed in writing with Hopewiser.
3. The End User agrees not to undertake any of the following acts except to the extent expressly permitted by law:
   • Disassemble, decompile or reverse engineer the Service.
   • Rent, lease, loan, resell, distribute, network, or create derivative works based on the Service.
   • Exceed any Fair Use Policy that Hopewiser may communicate from time to time. The current Fair Use Policy states accounts are limited to consuming no more than 5% of their total Credit Pack volume within a 24-hour period.
4. The End User shall not modify or attempt to modify any part of the Service except that the End User shall have the right to run the Service jointly with other programs of the End User or of other parties.
5. The End User is the ‘Data Controller’, utilising Hopewiser as the ‘Data Processor’. The Data Controller passes the Personal Data of email address to enable Hopewiser to process the data via the service, in order to query, validate, deduplicate, store the query information and process the result(s). However, the Personal Data will not be stored, in full, within the logs.
6. The End User ensures they have authorisation to utilise other Processors to Process the Personal Data.

5. Data Licences

1. The data supplied by Hopewiser for use of the Service is subject to terms and conditions and licences set by the providers of that data (the "Data Supplier(s)"). The End User agrees to comply with all terms relating to each Data Supplier Licence.
2. Data Suppliers:
   • Royal Mail Postcode Address File ("PAF")
   • Office for National Statistics licensed under the Open Government Licence v.3.0
   • Power2SMS
   • Verifalia

Links to licence terms and conditions are available via the Hopewiser website. Other licence terms and conditions can be obtained directly from the relevant Data Supplier.

6. Support Services

1. End Users should use the relevant Service Documentation and online help before contacting the Hopewiser Support team.
2. Hopewiser provides email support to respond to queries regarding the Service and to analyse problems between 9:00 AM and 5:30 PM Monday to Friday, UK time, excluding public holidays. Any emails sent outside of these periods, will be handled the next working day.

7. Maintenance

1. Hopewiser aim to achieve 99% service availability for all customers making use of the FindablePlus services and website.
2. Hopewiser reserves the right to take the service down for three (3) hours on one (1) working day per calendar month. This will generally be 9:00am to 12:00pm on the last working Wednesday of each calendar month. Hopewiser reserves the right to apply emergency updates outside of this period, where deemed system critical, again to ensure long term continuity of service. In this instance notification will be provided but could be minimal.

8. Property and Confidentiality

1. The Service and Service Documentation are the confidential property of Hopewiser. Hopewiser warrants that it has good right to enter into this Agreement and that the Service will not infringe the intellectual property rights of any third party, except only to the extent to which rights are expressly granted to the End User by this Agreement. Copyright and all other intellectual property rights are reserved to Hopewiser and shall not pass to the End User.
2. The End User undertakes to treat as confidential and keep secret all information contained or embodied in the Service and Service Documentation and will not disclose the Service to any person, firm, or corporation except to its own employees who must have access to the Service by virtue of their employment with the End User. The End User will take all reasonable steps to ensure that they keep the knowledge imparted to them confidential.
3. The End User undertakes that it will not, and will use its best endeavours to ensure that its employees will not, make copies of usernames and passwords and Token save for the End User’s own use.
4. The End User agrees not to delete any copyright or trademark notice on the Service and in the Service Documentation and will ensure that no copyright notice of FindablePlus powered by Hopewiser is deleted from any copy made by the End User of Service Documentation.
5. Hopewiser undertakes to keep confidential all information and data which comes into its possession relating to the business of the End User, provided that this obligation shall not arise or continue in force if the information has become public knowledge or is already known to Hopewiser at the time of its disclosure.

9. Data Protection

Both parties agree:

1. To comply with all relevant provisions of the Data Protection Act 2018 and the General Data Protection Regulation 2016 together with any legislation which amends them and to obtain and maintain all necessary registrations required by the Acts.
2. To comply with the rules relating to list and database management laid down in the British codes of Advertising and Sales Promotion and with the recommended standards produced by the Advertising Association.
3. To ensure that all requirements of these rules and standards are met in respect of Data Supplier data and indemnify the other party against all consequences of a breach.

10. Account Security

1. The End User shall regard as confidential its Token as issued by Hopewiser. The End User must notify Hopewiser immediately if it believes that the username, password or Token have been, or may be, used in any unauthorised way.
2. Hopewiser may issue a new Token if the End User has notified of unauthorised use, except in instances where Hopewiser suspects the account has been compromised due to negligent acts or omissions on the part of the End User.
3. The End User is liable and responsible for all transactions undertaken using the Token. Unauthorised use must be promptly reported to Hopewiser and the End User accepts full responsibility for all transactions, except where transactions occurred due to the wrongful acts of Hopewiser.

11. Warranty

1. Hopewiser warrants that the Service will perform in the manner described in the Service Documentation.
2. If, on investigation by Hopewiser of a problem reported by the End User within twelve months, it is found that the Service has not failed nor requires correction, Hopewiser shall be entitled to charge the End User for the time involved at its standard consulting hourly rate.

12. Licence Period

1. The Licence Period is twelve (12) months from the Activation Date irrespective of whether the Credit Pack has been fully utilised.
2. The Licence Period will be deemed to have expired when all of the Credits assigned to the Credit Pack have been consumed.
3. All Credit Packs will be deemed to have expired if they have either reached the Expiry Date or all the Credits have been used.
4. End Users will receive visual notification via the FindablePlus site that a Credit Pack has reached 80% and 90% usage.
5. The End User will receive notifications of the status of a Credit Pack by email when:
   • There are two (2) weeks to go until the Expiry Date.
   • There is one (1) week to go until the Expiry Date.
   • The Credit Pack has Expired.
   • All email notifications will be sent to the email addresses stored against the Account.

13. Liability of Hopewiser

1. Hopewiser will not be liable for delay or failure in performing obligations if the delay or failure results from force majeure, fire, explosion, industrial dispute, failure of equipment, programs and services supplied to the End User by a third party, refusal of licence or other governmental act, or anything beyond Hopewiser’s control.
2. Hopewiser does not warrant that the Service or the Service Documentation are error-free and, except as provided in Clause 11.1, makes no warranty, condition, undertaking or term, express or implied, as to the condition, quality, performance, merchantability or fitness for purpose of the Service and shall not be liable to the End User for any consequential loss or damage howsoever arising.
3. Hopewiser makes no warranty as to the accuracy, completeness, quality, performance or fitness for purpose of the Database and shall not be liable to the End User for any direct or consequential loss suffered as a consequence of the use thereof by the End User.
4. "Consequential Loss" includes loss of profit or goodwill or similar financial loss, any payment made or due to a third party, or any loss or damage caused by delay in delivery of any program to be provided under this Agreement.
5. The liability of Hopewiser under this Agreement for loss or damage to the End User other than consequential loss shall in no circumstances exceed the total of the respective Credit Pack Licence Fee.
6. The limitations of liability referred to in this Clause shall not apply so as to restrict Hopewiser’s liability for death or personal injury resulting from Hopewiser’s negligence.

14. Termination

1. Hopewiser may terminate the Service forthwith if:
   • The End User commits any serious breach of this Agreement and, where the breach is capable of remedy, fails to remedy such breach within thirty (30) days of written notice from Hopewiser to do so.
   • The End User is in breach of any terms of the Data Supplier Licence.
2. The End User may terminate this Agreement forthwith if Hopewiser commits any serious breach of this Agreement and, where the breach is capable of remedy, fails to remedy such breach within thirty (30) days of written notice from the End User to do so.
3. This Agreement shall automatically terminate if:
   • The agreement between the relevant Data Supplier and Hopewiser is terminated; or
   • The relevant Data Supplier Licence to the End User is terminated.
4. Within seven (7) days of termination of this Agreement for any reason other than Hopewiser becoming insolvent, Hopewiser will suspend the Service and the End User will certify to Hopewiser that it has destroyed all usernames, passwords, and Tokens to the extent that they are capable of being destroyed.

15. Infringement of Third-Party Rights

Hopewiser will indemnify the End User against any claim and associated costs alleging that the End User’s use of the Service infringes the intellectual property rights of the claimant. The End User shall promptly notify Hopewiser with full particulars and shall make no admission without Hopewiser’s consent. The decision as to whether the claim shall be defended will be Hopewiser’s alone and, if Hopewiser decides either to defend or compromise, it will do so at its own expense and hold the End User harmless from any judgement or other settlement of the claim. Hopewiser shall have the right to procure for the End User a right to use the Service without infringement or to replace or modify the Service to avoid infringement. If such replaced or modified Service is not suitable for the needs of the End User, the End User may terminate this Agreement with immediate effect.

16. Assignment

1. Hopewiser may assign this Agreement or its interest in the Service and the right to receive payments under this Agreement, provided that Hopewiser shall continue to be responsible for any continuing obligations on its part in this Agreement.
2. The End User may not assign this Agreement or any interest thereunder without Hopewiser’s prior written consent, which shall not be unreasonably withheld in respect of the transfer of this licence to a subsidiary or holding company of the End User or to a subsidiary of such holding company.

17. Jurisdiction

This Agreement shall be governed by and construed according to English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

18. Waiver

Any forbearance or indulgence by Hopewiser in enforcing any term or condition of this Agreement shall not prejudice or restrict its rights under this Agreement, and no waiver of any breach shall operate as a waiver of any subsequent or continuing breach.

19. Amendments

No modification or amendment of this Agreement and no waiver of any provision shall be valid unless in writing and signed by a duly authorised representative of each party.

20. Notices

All notices required to be given hereunder shall be given in writing by email to the relevant party or by letter sent by first-class pre-paid recorded delivery or registered post (air mail if overseas), addressed to the relevant party at the address stated in this Agreement or another address designated by the relevant party from time to time. Notices are deemed given upon delivery; if posted, they are deemed served 48 hours after posting; and for email, upon acknowledgement of receipt.