Terms of sale

1. Who sells, and to whom

These terms of sale (the Terms) apply to every order placed with Valora LLC, a Limited Liability Company (LLC) under United States law (the Seller). Premium Data is a brand of the Seller.

The Seller sells only to businesses. The customer represents that it acts for the purposes of its trade, business, craft or profession (the Customer). No order is accepted from a consumer.

2. Definitions

• File: all the Lines delivered to the Customer for one order.
• Line: one record of the File. A Line is either a Business line (a company or an establishment, with at least one phone number that reaches it) or a Person line (a named person, their job title and the company where they hold it, with at least one phone number that reaches them). The Order form states which of the two is ordered. The fields delivered are listed on the Order form.
• Validated target: the description of what the Customer wants to reach, as written on the Order form: activity or job title, area, any criteria, and the list of job titles and equivalents the Customer has accepted. A borderline title that is not listed is not part of the Validated target.
• Valid line: a Line that matches the Validated target, whose number reaches the stated establishment or person, whose person works at the stated company, that does not appear twice in the File, that is not on the Exclusion list sent by the Customer before the order, and whose email address, when delivered, does not hard bounce.
• Proof: the evidence that a Line is not valid, as defined in section 10.
• Order form: the document signed by the Customer that sets the Validated target, the type of Line, the maximum volume, the unit price, the maximum amount, the payment method and the fields delivered.
• Exclusion list: the list of contacts or companies the Customer sends so that they are removed from its deliveries.

3. What is sold

The Seller sells a File: a list of business contacts, built or extracted by the Seller from its sources, on the Validated target, and delivered once. The Seller is not required to hold the File before the order.

Each Line carries the fields stated on the Order form: at least one phone number (section 2) and, where the Order form provides for it and the address exists, the work email address. The sale of a list of business email addresses is therefore a sale of a File under these Terms, within those limits.

The Seller does not sell access to a database, a subscription, credits or a prospecting service.

The market count shown to the Customer before the order is free and binds neither the Customer nor the Seller. It is an estimate: the volume delivered may be lower.

Any contacts given free of charge before the order follow the usage rules of sections 8 and 9. They are not covered by section 10.

4. The order

The order is formed when the Customer signs the Order form electronically. That signature is acceptance of these Terms, in the version stated on the Order form and attached to it. The Seller keeps the signed Order form, the accepted version of the Terms and the time-stamped record of the signature.

The specific terms of the Order form prevail over these Terms. No purchasing terms of the Customer apply without the Seller's written consent.

The Customer may cancel an order at no cost, in writing, as long as the File has not been delivered.

5. Price

The price is a unit price, excluding taxes, per Billable line, stated on the Order form. The Seller's price list is sent to any Customer who asks for it.

Only Lines that carry a phone number are billable. A Line without a number is never billed, even if it is delivered.

The volume on the Order form is a ceiling, not a guaranteed volume. The amount due is the number of Billable lines delivered multiplied by the unit price. It never exceeds the maximum amount on the Order form. The number of Lines found is announced to the Customer before any charge.

Prices exclude taxes. Where the Customer is a taxable person established in the European Union, value added tax is due by the Customer under the reverse charge mechanism, and the invoice says so.

6. Payment, and the authorisation to charge

The Customer authorises the Seller to initiate, on its behalf, one payment at each delivery of an order it has signed, on the payment method saved when the order was placed. There is no periodic charge and no charge without a signed order.

• When: at the delivery of each order, and at no other time.
• How much: the number of Billable lines delivered multiplied by the unit price on the Order form, up to the maximum amount.
• How: by card, with an authorisation of the maximum amount at the order and a charge of the actual amount at delivery; or by SEPA direct debit, in particular when the amount exceeds the card limit or when production lasts longer than a card authorisation remains valid. Above EUR 10,000, the debit may be split into several debits, announced on the Order form.
• Withdrawal: the Customer may withdraw this authorisation at any time, in writing, for future orders. Withdrawal does not cancel an order already delivered.

A change of card or of card network may require the Seller to ask for a new authorisation. The Seller keeps proof of the authorisation given.

Any amount unpaid when due bears, automatically, late payment interest at the European Central Bank rate plus ten points, and a fixed recovery fee of EUR 40. A payment disputed or reversed after delivery remains due, and the usage rights of sections 8 and 9 are acquired only on Lines that are paid.

7. Delivery

The File is delivered as CSV or XLSX, through a download link or by email. The lead time stated on the Order form is an estimate.

Each Line carries the date and time of its last check, and the reason it was kept for the Validated target, written in plain words.

If the Seller finds fewer Lines than the volume ordered, it delivers the Lines it has found and the Customer pays only for those.

Delivery is performance of the order. The Seller keeps a copy of the File delivered, with the Validated target that produced it, for as long as needed to handle claims and to meet its legal obligations.

8. What the Customer may do with the File

The Customer receives a non-transferable right to use the File for its own sales prospecting, by its staff and by the contractors acting on its behalf. This right does not expire: the Customer keeps the Lines after delivery, with no subscription, subject to section 11.

If the Customer is an agency prospecting on behalf of a third party, it says so on the Order form and names that third party. The right of use then covers the prospecting done for that third party.

The Customer shall not resell, rent, assign, publish or make available all or part of the File, for free or for a fee, including to a group company not named on the Order form; use it to build or enrich a database intended for third parties; or use it to train an artificial intelligence model intended to produce or resell contact data.

9. How the Customer undertakes to use the File

The Customer is solely responsible for the use it makes of the File. In particular, it undertakes:

• to contact the people in the File for a purpose related to their profession;
• to use the numbers for text messages, prerecorded messages or automated calls only with the prior consent of the people, where the law requires it;
• to inform the people, at the latest at the first contact and within one month of delivery, of the origin of their data, naming the source: Premium Data, a brand of Valora LLC;
• to let them object simply to any further contact, and to honour that objection;
• to comply with the prospecting rules of the country of the person contacted, including calling hours, do-not-call lists and caller identification rules.

10. The line guarantee: an invalid Line is refunded

Any billed Line proven not to be a Valid line is refunded to the Customer, at the price paid for that Line. There is no cap, no deductible and no minimum number of Lines to dispute.

What is refunded, and the Proof expected:

What is not refunded: a person who does not pick up, does not reply or is not interested; a message opened and ignored; a number that rings with no answer; bad timing; a Line that matches an equivalent accepted on the Order form; a change of target by the Customer after the order.

How: the Customer sends through the form on the booking page (premiumdata.co/en/book-a-call/), within thirty days of delivery, the list of disputed Lines and, for each, the ground and the Proof. The Seller refunds within fourteen days of receiving an admissible Proof, through the payment method used for the order or by bank transfer. A corrective invoice lists the Lines refunded.

The Seller asks for nothing but the Proof. It may refuse only if the Proof is missing or does not match the ground stated, and it then tells the Customer what it found.

Instead of a refund, the Customer may ask for the Lines concerned to be replaced by other Lines from the same Validated target, if they exist. This is the Customer's choice, never a counter-offer imposed on it.

This guarantee is the Customer's sole remedy as to the quality of the Lines. The Seller guarantees no business result: no number of meetings, sales or replies.

11. Personal data: who is responsible for what

The Seller and the Customer are each an independent controller, and are not joint controllers. Each answers for its own part of the chain:

• the Seller answers for collecting and compiling the File: it relies on the legitimate interest in business-to-business prospecting, on accessible professional sources whose trace it keeps for each Line, and it handles the requests of the people concerned, as described on its Legal notice and personal data page;
• the Customer answers for what it does with the File: the legal basis of its own prospecting, informing the people it contacts, and honouring their objections, as set out in section 9.

When a person asks the Seller to erase or restrict their data and their Line has been delivered to the Customer, the Seller notifies the Customer. The Customer then deletes that Line from its tools within thirty days, unless it has another legal basis it can demonstrate.

12. The Customer's Exclusion list

The Customer may send an Exclusion list before the order, as CSV or XLSX. A first name, a last name and a company are enough, or a company identification number. The matching Lines are removed from its deliveries.

Matching is done first on first name, last name and company, then, failing that, on first name and last name only. This second match may remove a namesake: the number of Lines removed this way is reported to the Customer.

A Customer's Exclusion list is never used to remove Lines for another customer.

13. Control and suspension

The Seller may ask the Customer to describe in writing the use it makes of the File, and to show that it complies with sections 8 and 9. The Seller may suspend deliveries in progress or refuse a new order in case of breach of those sections, or serious suspicion of such a breach, after informing the Customer in writing.

14. Customers established outside the European Union

Delivering a File that contains data on people located in the European Union to a Customer established outside the Union requires a valid transfer mechanism: an adequacy decision of the European Commission, or the standard contractual clauses signed between the parties. Failing that, the Seller may refuse or suspend delivery, at no cost to the Customer.

15. Liability

The Seller's liability, on all grounds combined, is limited to the amount paid by the Customer for the order concerned. The Seller is not liable for indirect loss, including loss of revenue, customers or opportunity. These limits do not apply in case of gross negligence or wilful misconduct.

The Customer indemnifies the Seller against any claim by a person or an authority arising from its use of the File in breach of sections 8 and 9.

16. Confidentiality and references

The price and the specific terms of an order are confidential.

The Seller never names a Customer, or uses its logo or results, without its written consent.

17. Termination

If a party commits a serious breach, the other may terminate the order in progress in writing, fifteen days after a formal notice that has remained without effect. This period does not apply to a breach of sections 8 and 9, which allows immediate suspension under section 13.

18. Force majeure

Neither party is liable for a delay or failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code.

19. Governing law and jurisdiction

These Terms and each order are governed by French law. Any dispute falls within the exclusive jurisdiction of the courts of Paris competent in commercial matters, including where there are several defendants or in urgent proceedings. A Customer established in the European Union keeps the protections that its national law makes mandatory.

20. Final provisions

These Terms may be amended. The new version applies to orders signed after its publication; an order in progress remains governed by the version accepted when it was signed.

These Terms are published in French, English and Spanish. The version in the language of the Order form prevails between the parties.

Notices to the Seller are given through the form on the booking page (premiumdata.co/en/book-a-call/), and notices to the Customer by email to the address stated on the Order form.

If a provision is held invalid, the others remain in force.