NCOAsource | Terms of Service

These Terms of Use (the "Agreement") describe the terms and conditions under which NCOAsource ("SERVICER") offers you an account for information processing services (the "Account"). By completing the standard setup forms and logging in with an assigned UserID, you ("MEMBER") accept these Terms of Use and agree to be legally bound by all of the terms and conditions of this Agreement.

MEMBER understands that an approved United States Postal Service (USPS) Processing Acknowledgment Form must be completed prior to NCOA (National Change of Address) processing. Note: This form is not needed for Email Append, Reverse Email Append, Phone Append, etc.

MEMBER understands and agrees to transmit data requests in agreed upon format. MEMBER further understands that incorrectly formatted data or data submitted without an accompanying layout may cause delays or errors in processing. Your use of any portion of NCOAsource (website, information services, Member File Area, etc.) constitutes acceptance of the below service terms.

MEMBER agrees:

1. To comply with US law regarding the transmission of technical data through our online service;
2. Not to use our services for illegal purposes;
3. Not to interfere or disrupt networks connected to our online service;
4. To comply with all regulations, policies and procedures of networks connected to our online service;
5. MEMBER agrees not to transmit through our online service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
6. MEMBER further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited;
7. MEMBER also agrees that compliance with all laws, rules and regulations - both federal & state - such as TCPA, FDCPA, FCRA, HIPAA, Do-Not-Call registry, etc., rests solely with MEMBER;
8. SERVICER may immediately terminate SERVICER'S online service(s) to MEMBER for any reason at SERVICER'S sole discretion;
9. MEMBER agrees not to modify the materials on this website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose without written permission by NCOAsource;

Payment:

• Member understands and agrees that services are not provided free of charge and all services are to be paid in full at time of usage by credit card, bank card, or debit card.
• Member understands and agrees to submit such a method of payment prior to any actual work performed on Member's behalf.
• Member further understands and agrees to maintain a valid Method of Payment with Servicer and that adequate funds are available on Member's method of payment for any and all jobs processed.
• Member understands and agrees that the act of uploading a file constitutes acceptance of these terms and that a billable event has been authorized by Member.
• Each file uploaded will be charged based on number of records in each file and at least Servicer's minimum processing fee will apply, excepting Flat Rate users who have not exceeded their monthly usage allowance.
• Member understands and agrees that the amount charged to Member's established method of payment will be equal to the amount listed in the bottom section of each job's Usage Report, which is emailed to Member upon job completion. Member further understands and agrees to accept a given job's emailed Usage Report as receipt for said job and that Servicer shall charge neither more nor less than the amount listed on any given job's Usage Report.
• Furthermore, Member understands and agrees that billing takes place at time of processing, and through the act of uploading Member's file to Servicer for processing, Member understands and agrees that their established method of payment will be charged for all work performed on Member's behalf.
• Member understands and agrees that it is Member's responsiblity to ensure that their method of payment is 100% correct at all times.
• Lastly, Member acknowledges and understands and accepts that all files uploaded via Member's assigned UserID are entirely the financial responsibility of Member.

Federal and State regulations. Member acknowledges that the Federal government and states have enacted laws regarding direct marketing. Member further acknowledges and agrees that Servicer and its data suppliers have no obligation to inform Member of these Laws. Member should consult with legal counsel regarding applicable Laws before initiating a direct mail, fax or telemarketing compaign. Member shall use the services and information provided by Servicer only in compliance with the Data & Marketing Association's (DMA) Guidelines for Ethical Business Practice.

Turnaround. Member understands that the standard turnaround for files submitted for automated processing is 24 hours, unless prior arrangements have been made. Member understands and agrees that services that are non-automated may require 2-3 days for job completion. Turnaround time depends to a large extent on current volumes, complexity of data requests, and number of files in production.

Layouts. Member understands and agrees to provide layouts for data submitted to Servicer for processing; if no layouts are provided by Member to Servicer, then Member understands and acknowledges that Servicer will utilize its internal code-based AI to interpret and map Member data and be entitled to rely conclusively on its code-based interpretations thereof. Member understands and agrees that data mapping decisions made in the absence of a Member-provided layout are subject to potential errors and/or flaws hence the requirement that Member provide layouts to Servicer when submitting data for processing. Furthermore, Member understands and agrees that Servicer shall not be liable for data or material damaged in transit, as well as incorrectly mapped data, and Member understands and agrees to promptly examine all final output data received from Servicer for validity prior to use.

Job Cancellation. Member understands and agrees that the correct method for terminating the processing of a file uploaded by Member is by immediately adding Job Notes requesting cancellation of job. Immediacy is imperative as processing is automated and extremely fast.

Communication. Member understands and agrees that all communication with Servicer shall be in writing, submitted either by 1) email, 2) ticket system, 3, via website chat, or via fax. Member understands and agrees that telefonic communication is not supported as it lends to the potential of miscommunication and lack of documentation.

Third Party Partnerships. The NCOAsource website and service offerings contain information concerning various third parties (often referred to as "partners") who offer products or services compatible with NCOAsource service offerings. These service offerings are provided for your convenience only. NCOAsource is not responsible for and does not warrant any third party product or service or the accuracy of any description. Member understands and agrees that Servicer shall have the right to subcontract any or all of its obligations to one or more parties.

Changes to these Terms of Use. Servicer may at any time, and without notice to Member, revise these Terms of Use by updating this posting. Member understands and agrees that it is encumbent upon Member to review these terms and is bound by any such revisions.

Errors and Omissions. Member understands and agrees that any and all mistakes, errors, omissions, delays, etc. must be reported to Servicer within 14 days of job processing date in order for below described remedies in EDP Clause to apply. Outside of two weeks no reparations shall be requested nor made.

• NCOA On Demand | Pay-as-you-go plan. On-demand NCOA processing with no volume commitments or usage requirement, no monthly fees, no contracts. This is the default plan for all MEMBERs. MEMBER may begin or discontinue use as needed under this plan. Standard published pricing applies.
• Monthly Flat Rate plans. Flat Rate plans provide a maximum number of records processed per month for a low fixed monthly fee. Requires payment in full at the beginning of each service month. Unused processing does not "roll over" to next service month. Please note that all flat-rate plans are annual accounts. Notification is required from MEMBER prior to anniversary date of Flat Rate account to terminate account otherwise the account will be continued for like terms. Prior to anniversary date, MEMBER may cancel service with 30-day written or emailed notification. To convert a Pay-as-you-go plan to a Flat Rate plan, please contact NCOA Support.
• Email Append | Reverse Email Append. Email append services are available to all current users at group-rate pricing. Please contact NCOA Support for details.

Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, acts of God, strikes, lock-outs, riots, acts of war, third party delays, epidemics, governmental regulations superimposed after the fact, fire, communications line failures, extreme peaks in volume, power failures, earthquakes, floods, or other disasters.

Member agrees that in the unlikely event that a mistake should occur, SERVICER will use reasonable efforts to remedy the error. If an error, omission, or delay does occur, responsibility for same will not exceed the timely revision, correction, replacement or completion of the work.

SERVICER utilizes industry-standard security measures including but not limited to SSL, data redundancy, use of encryption tools and software, and other reasonable measures and procedures to secure access. While this statement expresses SERVICER's standards for data integrity and private data maintenance, we are not in a position to guarantee that the standards will always be met. Factors, changes, the nature of the internet in general, and/or situations beyond our control may result in disclosure of data. As such, SERVICER disclaims any warranties or representations relating to maintenance or nondisclosure of private information.

SERVICER reserves the right to update these terms. Check this page regularly for any updates. MEMBER's continued use of the Site following any changes to these terms will constitute your acceptance of such changes. Alternatively, we may display the amended terms to you when you access your Account, in which case such terms shall be effective when posted. We may terminate this Agreement immediately for any reason as well as Member's access to services provided herein.

WE PROVIDE YOUR ACCOUNT AND OUR SERVICES "AS IS." Member understands and acknowledges that there is no perfect information processing available anywhere at this time as it is an ever-changing landscape and, as such, our data is neither 100% accurate nor provides 100% coverage. MEMBER understands this and agrees that SERVICER performs all services, requested information processing and data mapping on a best effort basis. By using this service, MEMBER agrees that SERVICER shall have no liability whatsoever in respect of any performance, mis-performance or non-performance of its function as information vendor. While SERVICER will use all reasonable endeavors to perform to the level set out in this agreement it cannot take any responsibility for the consequences of errors or omissions, even where caused by SERVICER'S alleged negligence. OUR SUPPLIERS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You understand that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. Furthermore it is accepted and agreed by all parties that information updating and enhancement as a whole, including it's matching logic and data updating results, is an imperfect science and there will be issues with this data. There always is. It is the entire responsibility of users to assess and utilize the updated information and data prior to use. Also, it is understood by all that address updates, email and phone updates, demographic updates and such derived from non-NCOA sources such as Proprietary Change of Address, Email and Reverse Email Append and/or Phone Append processing should never ever be used for Billing, Statements, Sensitive material, Personal & Confidential, etc. It is simply not recommended.

EDP Clause. IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. BY UTILIZING NCOASOURCE.COM OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. If an error, omission, or delay does occur, responsibility for same will not exceed the timely revision, correction, replacement or completion of the work. MEMBER UNDERSTANDS AND AGREES THAT NO REFUND REQUESTS WILL BE MADE NOR HONORED; THE SOLE REMEMDY FOR ANY REPORTED ERROR, OMISSION, OR DELAY IS THE TIMELY REVISION, CORRECTION, REPLACEMENT OR COMPLETION OF THE WORK. MEMBER further agrees that SERVICER in no event will be held liable for direct, indirect, incidental, punitive, exemplary or consequential damages that may arise out of the use of, or inability to use, this service. MEMBER further agrees to indemnify and hold harmless SERVICER, its officers, regents, agents, and employees, from and against any and all claims, suits, liabilities, costs, damages and expenses (including reasonable attorney's fees) arising out of or in connection with any breach or default of SERVICER'S products, services or performance.

MEMBER agrees that by virtue of utilizing the services provided by SERVICER that MEMBER accepts this agreement. This Agreement is governed in all respects by the laws of the State of Nevada. Both parties submit to personal jurisdiction in State of Nevada and further agree that any cause of action relating to this Agreement shall be brought in a court in Nevada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Terms along with any additional agreements, terms, waivers, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

What makes us so good?

• Speed:  We're fast.  98.5% of all processing
  completed within 3 hrs.  
• Pricing: Consistently the lowest minimum fees in the industry. 
  Why pay more?
• Format Flexibility:  XLS, XLSX CSV, TXT
  Tab-delimited, custom-delimiters, etc. We accommodate it!
• Automation:  We've invested considerably into our
  in-house data automation.  Put it to work for you!
• Privacy, privacy, privacy:  All processing is private & confidential.

What makes us so affordable?

We work hard to make our users happy. And pricing is an important part of this. In fact, we have a steadfast committment to keeping prices low. We're known as one of the most affordable information providers for good reason: We believe in treating our users as we liked to be treated, and this means selling our services at the lowest pricing possible, rather than the highest price possible. It really is that simple. So, no matter if you're a single-time user with a small list, or a daily user with large volume, you'll find the same great pricing available to everyone. And there are never - ever - extra charges.

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