सर्तहरू र अवस्था

Crafting comprehensive Terms and Conditions (T&Cs) for a B2B and B2C email and phone list provider operating from Bangladesh, and dealing with international clients, requires addressing multiple legal frameworks. These include Bangladesh’s emerging data protection laws (like the Data Protection Act 2023), the GDPR (for EU/UK clients and data subjects), and the CCPA (for Californian data subjects and clients).

Here’s a detailed T&C template. It is crucial that you have this reviewed and tailored by a legal professional to ensure full compliance with all relevant laws for your specific business model, operations, and the jurisdictions of your clients and data subjects.

Terms and Conditions of Service for DB to Data

पछिल्लो अपडेट गरिएको: जुलाई २,, २०२०

1. Introduction and Agreement to Terms

Welcome to DB to Data a provider of B2B (business-to-business) and B2C (business-to-consumer) email and phone lists. These Terms and Conditions of Service (“Terms”) govern your access to and use of our data lists and related services (collectively, the “Services”).

By accessing or using our Services, you (“Client,” “User,” or “you”) agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not access or use our Services.

We operate from Bangladesh and provide services globally. These Terms are designed to comply with applicable laws in Bangladesh, including the Data Protection Act 2023 (or its latest iteration) and the Cyber Security Act 2023. We also incorporate principles to facilitate compliance with international data protection regulations, including the General Data Protection Regulation (GDPR) for data originating from or intended for use within the European Union and the UK, and the California Consumer Privacy Act (CCPA) where applicable.

2. प्रदान गरिएका सेवाहरू

DB TO Data provides access to curated B2B and B2C email and phone lists. Our Services include:

• B2B Data Lists: Providing business contact information (e.g., business email addresses, business phone numbers, company names, job titles) for legitimate business outreach.

• B2C Data Lists: Providing consumer contact information (e.g., email addresses, phone numbers) for consented or legally permissible consumer marketing, subject to strict compliance requirements.

• Data Updates and Verification: We strive to maintain the accuracy and currency of our data; however, we do not guarantee 100% accuracy or completeness due to the dynamic nature of information.

• Custom List Building: Upon request, we may offer services to build custom data lists based on specific client criteria.

3. Client Obligations and Acceptable Use

By using our Services, you explicitly agree to the following obligations:

3.1। वैध प्रयोग: You shall use the data lists solely for lawful purposes and in strict compliance with all applicable local, national, and international laws and regulations, including, but not limited to, data protection, privacy, telemarketing, direct marketing, and anti-spam laws (e.g., TCPA, GDPR, CCPA, CAN-SPAM Act, Bangladesh Data Protection Act 2023, relevant telecommunication regulations).

3.2। No Unsolicited Marketing (Spam): * इमेल: You shall NOT use the email lists for unsolicited commercial email (spam). You must obtain explicit, verifiable consent from recipients before sending marketing emails, unless an exception applies (e.g., legitimate interest for B2B communications where an existing relationship or demonstrable interest exists, or where the data subject has opted in to receive such communications). You are solely responsible for ensuring your email marketing practices comply with consent requirements in each target jurisdiction. * फोन: You shall NOT use the phone lists for unsolicited telemarketing calls or SMS messages where consent is required. You must comply with all “Do Not Call” (DNC) registries and similar opt-out mechanisms in all relevant jurisdictions (e.g., National Do Not Call Registry in the US, similar registries globally). For automated calls or texts, you must obtain “prior express written consent” as required by laws like the TCPA.

3.3। डाटा गोपनीयता र सुरक्षा: * You shall implement appropriate technical and organizational measures to protect the personal data you receive from us from unauthorized access, loss, alteration, or disclosure. * You acknowledge your independent legal obligations as a data controller (or processor, as applicable) under relevant data protection laws, including GDPR and CCPA. * You shall provide clear and conspicuous privacy policies on your websites and other platforms, informing individuals about your data processing activities, including how you use data obtained from third parties like us. * You shall promptly respond to and facilitate any data subject rights requests (e.g., access, rectification, erasure, objection, opt-out of sale/sharing) received from individuals whose data originates from our lists, and you shall notify us if such requests pertain to the data supplied by us.

3.4। क्षतिपूर्ति: You agree to indemnify, defend, and hold harmless DB to Data, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to your use of the Services, including but not limited to your breach of these Terms, your non-compliance with any applicable laws, or any claims brought by data subjects concerning your processing of data obtained from us.

3.5। No Resale or Redistribution (Unless Agreed): Unless explicitly agreed upon in a separate written agreement, you shall not resell, sublicense, or otherwise redistribute the data lists provided by us to any third party.

4. Data Accuracy and Disclaimer

4.1। No Guarantee of Accuracy: While we undertake commercially reasonable efforts to compile accurate and up-to-date data, data is inherently dynamic. We do not guarantee the absolute accuracy, completeness, or currency of any data lists provided. Data may change frequently (e.g., job titles, contact details, opt-out preferences).

4.2। “AS IS” Basis: The Services and data lists are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

5. Fees and Payment

5.1। मूल्य निर्धारण: The fees for our Services will be as agreed upon in a separate order form, quotation, or as displayed on our website at the time of purchase.

5.2। भुक्तानी सर्तहरू: Payment terms will be specified in the invoice or order form. All payments shall be made in  USD within the stipulated period.

5.3। ढिलो भुक्तानी: Late payments may incur interest at a rate of [e.g., 1.5% per month or the maximum rate permitted by law] or as otherwise specified in your agreement.

5.4। फिर्ता रकम: All sales are final. Due to the nature of digital data products, we do not offer refunds once the data has been delivered, unless otherwise explicitly stated in writing or required by law.

6। बौद्धिक सम्पत्ति

All intellectual property rights in the Services, including our methodologies for data compilation, proprietary software, and website content, remain the sole property of DB to Data or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the data lists solely for your internal business purposes as permitted by these Terms.

7। दायित्वको सीमा

To the maximum extent permitted by applicable law, in no event shall DB to Data, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; or (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Services shall not exceed the total amount paid by you to DB to Data for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

8। समाप्ति

8.1। Termination by Client: You may terminate your use of the Services at any time by ceasing to use them. No refunds will be provided for any unused portion of the service period, unless explicitly agreed otherwise.

8.2। Termination by DB to Data: We may suspend or terminate your access to the Services immediately, without prior notice or liability, if: * You breach any of these Terms, particularly those related to acceptable use and compliance with laws. * You engage in any activity that, in our sole discretion, is harmful to our reputation, business, or other clients. * You fail to make timely payments for Services. * We are required to do so by law or a governmental authority.

8.3। Effect of Termination: Upon termination, your right to use the Services will immediately cease. You must immediately cease all use of the data lists and, upon our request, certify in writing that you have deleted all copies of the data lists in your possession. Clauses related to Client Obligations (Section 3), Data Accuracy and Disclaimer (Section 4), Intellectual Property (Section 6), Limitation of Liability (Section 7), Indemnification (Section 3.4), Governing Law and Dispute Resolution (Section 9), and any other provisions that by their nature should survive termination, shall survive termination of these Terms.

9. नियमन र विवाद समाधान

9.1। कानून: These Terms shall be governed by and construed in accordance with the laws of बंगलादेश, यसको कानुनी सिद्धान्तहरूको बाधा बिना।

9.2। अधिकार क्षेत्र: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be exclusively submitted to the competent courts located in ढाका, बांग्लादेश.

9.3। Amicable Resolution: The Parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good faith negotiations for a period of at least thirty (30) days from the date one Party notifies the other of a dispute.

10। विविध

10.1। सम्पूर्ण सम्झौता: These Terms, together with our Privacy Policy and any specific service agreements or order forms, constitute the entire agreement between you and DB to Data regarding the Services.

10.2। संशोधनहरू: We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

10.3। विच्छेदन: यदि यी सर्तहरूको कुनै पनि प्रावधान अदालतद्वारा अमान्य वा लागू गर्न नसकिने गरी राखिएको छ भने, यी सर्तहरूको बाँकी प्रावधानहरू प्रभावकारी रहनेछन्।

10.4। छूट: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.5। बल माज्योर: We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11। सम्पर्क जानकारी

For any questions about these Terms, please contact us at:

डाटामा DB

Baridhara, uttara, Dhaka, Bangladesh.

info@dbtodata.com मा जानुहोस्।

+ 8801918754550

तथ्याङ्क

Crucial Legal Advice Disclaimer:

• Review and customize this document to accurately reflect your specific business operations, data sources, client base, and the exact jurisdictions you operate in and serve.

• पालना सुनिश्चित गर्नुहोस् with Bangladesh’s Data Protection Act 2023, Cyber Security Act 2023, GDPR, CCPA, and any other relevant laws (e.g., Canada’s PIPEDA, Australia’s Privacy Act, India’s DPDP Act, etc.).

• Draft necessary Data Processing Agreements (DPAs) or Standard Contractual Clauses (SCCs) with your clients, especially those in the EU/UK, to govern data transfers and processing in compliance with GDPR.

• Advise on registration requirements as a “data broker” in jurisdictions like California.

• Clarify acceptable use policies regarding “cold outreach” (email/phone) in different countries, as rules vary significantly.