Terms & Conditions

Terms & Conditions for Data Insertion Orders

Customer Agreement:
By accepting any Data Insertion Order from Data Fuel One, you (“Customer”) agree to the following terms and conditions:

1. Personal Guaranty

The Customer authorizes this Data Insertion Order (“Order”) in full and personally guarantees payment for all products and services included in the Order. No refunds or returns are permitted under any circumstances.

2. Products and Services Delivered As-Is

The Customer acknowledges that they have been fully informed by Data Fuel One of the expected deliverables for each product or service purchased. By signing the invoice, the Customer accepts the products and services in their “as-is” condition and confirms that they have been delivered satisfactorily.

3. Credit Card Disputes

The Customer understands that initiating a credit card dispute against any Order could cause significant financial and reputational damage to Data Fuel One. If the Customer initiates such a dispute, the following terms apply:
(a) Data Fuel One may immediately invoice the Customer for the full disputed amount,
(b) The Customer is required to pay the invoiced amount within 10 days,
(c) The disputed amount will accrue interest at 10% per annum until paid, and
(d) Any related disputes will be resolved under the terms set forth in this agreement and in the courts of Baton Rouge, Louisiana.

4. Entire Agreement

This Order Confirmation and these Terms and Conditions constitute the entire agreement between the parties. This agreement supersedes all prior understandings, whether written or oral. Any additional handwritten information on the Order Confirmation will not be considered part of the agreement unless explicitly agreed upon in writing by both parties.

5. Data Usage

Customer acknowledges that lists containing personal information may only be rented, and guarantees:
(a) They are a merchant as defined in the Louisiana Uniform Commercial Code,
(b) The rented lists will be used only for one-time use, and no data will be retained or duplicated, and
(c) Customer will not use the rented list for telephonic presentations or printed mail pieces. Data Fuel One disclaims all warranties, including fitness for a particular purpose, quality, security, or merchantability.

6. No Returns or Credit Without Prior Approval

Due to the nature of the products, no Order will be returned or accepted for credit unless prior written approval is obtained from Data Fuel One. The Customer is responsible for ensuring legal compliance when using the data or lists.

7. Compliance with Laws and Regulations

The Customer agrees to use all data received in strict compliance with applicable federal, state, and local laws, including those concerning privacy, solicitation, and direct marketing. Data Fuel One is not responsible for ensuring compliance with “Do Not Call” lists or other telemarketing regulations.
(a) The Customer is solely responsible for complying with all applicable laws,
(b) Data Fuel One disclaims liability for any defects or inaccuracies in the rented lists,
(c) The Customer acknowledges that Data Fuel One does not guarantee the accuracy of the rented lists, and
(d) The Customer agrees to defend, indemnify, and hold harmless Data Fuel One against any legal actions arising from the Customer’s use of the rented data.

8. Limitation of Liability

Data Fuel One is not liable for indirect, incidental, or consequential damages, including loss of business or profits, regardless of the cause of such damages. Data Fuel One’s liability is limited to the amount paid for the applicable data.

9. No Consequential Damages

Data Fuel One will not be held liable for any loss of business or profits arising from the delivery of its services, except in cases of willful misconduct. No returns or reimbursements will be provided for custom orders. Any attempts to reject the Order, including stop payments or refusing delivery, will not relieve the Customer of payment obligations.

10. Governing Law and Jurisdiction

This agreement will be governed by the laws of the State of Louisiana. The Customer agrees that any disputes will be heard in the state and federal courts of Baton Rouge, Louisiana, and that these courts are the agreed-upon and convenient forum.

11. Data Expiration

All data records provided by Data Fuel One expire 30 days after the invoice date.

Acceptance of Terms

Acceptance of any Order from Data Fuel One constitutes acceptance of these Terms and Conditions.