These Terms and Conditions form a binding agreement between you (“Customer”) and National Data Group, Inc. (“NDG”). By purchasing data or lists from NDG, you agree to these terms.
1. Data Provided
If purchasing a telemarketing list, you have requested data that could contain individuals on state or federal do-not-contact lists. NDG agrees to supply this data in exchange for your agreement to these Terms and Conditions and the related purchase order or invoice.
2. Email Service Provider (ESP) Requirements
Using any Email Service Provider (such as Constant Contact, Mailchimp, or your own platform) that does not allow purchased or third-party lists will void all NDG guarantees and replacement policies. It is your responsibility to fully understand and comply with your ESP’s policies, including rules on purchased lists, bounce rates, abuse rates, and approvals.
3. Guarantee and Replacement Policy
- NDG guarantees 85% delivery based on hard bounces only.
- Bounce rates over 15% are possible and expected.
- To qualify for any compensation, you must send to the entire purchased list.
- If hard bounces exceed 15%, NDG will review the bounce list and either:
- Provide additional replacement records (if available), or
- Issue monetary credit equal to the difference between the actual delivery rate and the 85% guarantee.
- Only one replacement or credit will be provided per list.
- Third-party verification or cleaning services are not accepted for guarantee claims.
- NDG is not responsible for abuse reports, account suspensions, or any other issues resulting from use of the list.
Important: You must send emails through a professional third-party ESP that allows purchased lists and provides clear hard-bounce vs. soft-bounce reports. You must return the full hard-bounce list to NDG within 30 days of delivery for verification. Failure to do so voids any replacement or refund. NDG may request proof of usage, materials sent, and bounce reports.
NDG makes no guarantees regarding open rates, click-through rates, responses, or overall campaign performance.
4. Processing and Delivery
- Standard processing time is 24–72 hours after NDG receives signed order documents and cleared payment.
- Quantities/counts are subject to change during fulfillment. NDG will notify you if the final count is short.
- Delays will be communicated to you.
5. Compliance with Laws
You are solely responsible for complying with all federal, state, and local laws when using the data, including (but not limited to):
- CAN-SPAM (U.S.)
- CASL (Canada)
- GDPR / privacy laws
- TCPA, FCC, FTC telemarketing rules
- All Do Not Call (DNC) registries and state rules
You must scrub your calling lists against applicable Do Not Call registries as required by law. NDG is not liable for any violations or consequences resulting from your use of the data. You release NDG from all such liability.
6. Usage Restrictions
You agree that the data:
- May only be used by you and your own employees/agents for your own business.
- May not be resold, rented, shared, published, or disclosed to any third party.
- May not be used to build, enhance, or supplement any other database, directory, or list that is sold or provided to others.
- May not be used for credit, employment, insurance, housing, or any purpose covered by the Fair Credit Reporting Act (FCRA).
- Must be kept strictly confidential and protected with reasonable security measures.
You are responsible for any content you combine with NDG data and must obtain all necessary rights for any third-party images, text, or trademarks you use.
7. Intellectual Property
All trademarks, copyrights, and other intellectual property in the data and materials belong to NDG or their respective owners. You may not copy, modify, distribute, or use them without express written permission.
8. No Returns or Refunds
Because data can be easily copied, no returns, refunds, or credits are accepted unless NDG first approves them in writing. All orders are custom and you are responsible for full payment even if you later reject or cancel the order.
9. Limitations of Liability
NDG’s total liability to you is limited to the amount you actually paid for the specific list or service. NDG is not liable for any indirect, special, incidental, or consequential damages (including lost profits, business, or data) even if advised of the possibility.
NDG provides all data and services “AS IS” and disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Indemnification
You agree to indemnify and hold harmless NDG and its affiliates from any claims, damages, fines, penalties, settlements, costs, and attorney fees arising from:
- Your breach of these Terms,
- Your violation of any law, or
- Your use of the data.
11. Governing Law and Venue
This agreement is governed by the laws of the State of Nebraska. Any disputes must be brought exclusively in the state or federal courts located in Douglas County, Nebraska, which you agree is a convenient forum.
12. Miscellaneous
- NDG is not a Consumer Reporting Agency and does not provide data for credit, employment, housing, or insurance decisions.
- These Terms contain the entire agreement. No modifications are valid unless made in writing and signed by both parties.
- No waiver of any breach is a waiver of future breaches.
- NDG provides no legal advice. You are solely responsible for ensuring your use of the data complies with all laws.
By purchasing from NDG, you confirm that you have read, understood, and agree to these Terms and Conditions.