Terms of Service
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myBrightside (“Brightside”) is owned and operated by Brightside Enterprises Limited, United Kingdom. The following terms and conditions govern all use of the Brightside Enterprises Ltd website and all content, services and products available at, or through, the website, including, but not limited to, the Brightside Enterprises Ltd. By registering, accessing or using any services developed, operated, maintained or hosted by myBrightside including all websites and IP addresses available at and configured for use at mybrightside.co.uk you agree to be bound to the following terms and conditions (“Terms of Service”) and you agree that it is enforceable as if it were a written negotiated agreement signed by myBrightside and you (“The Client”)
myBrightside, at its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
Terminology:
Firmographic: this is the company level data we segment a filter by, including but not limited to ‘Intent Data’.
ICP: this is the ‘Ideal Customer Profile’ which is the job title of the prospects you would like to be talking to.
Definition of a Lead:
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A relevant contact, as generated by the search criteria defined in the most up-to-date version of the "The Lead Generation Instructions" OR your “Onboarding Call” that matches the definitions of a lead can be found here:
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Key Performance Indicators:
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Where Key Performance Indicators (KPIs) have been agreed, the period of measuring KPIs starts after onboarding is complete and campaigns are 'live'.
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Brightside Enterprises Ltd Usage and API integrations
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Any use of the, including use of the API through a third-party product that accesses Brightside Enterprises Ltd, is bound by these Terms of Service.
User Management and Account Terms:
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The services are available only to individuals who are at least 18 years old.
You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use myBrightside. myBrightside reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate.
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While the team at myBrightside will make suggestions on campaign content and set-up, the Client is ultimately responsible and liable for approving all content, including adverts and messages, that are part of the campaign.
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You may not use myBrightside for any illegal or unauthorised purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
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You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
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You may not use any automated device, including robots or AI, or a manual process to monitor or copy any content from myBrightside.
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You may not resell, duplicate or reproduce or exploit any part of the service without the express written consent of a Director of myBrightside.
myBrightside reserves the right to refuse service to anyone for any reason at any time.
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If you cancel or terminate your agreement and service, all of your content, data, information, text, files, documents, images may be immediately deleted from the Service.
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You are responsible for maintaining the security of your LinkedIn account(s), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify myBrightside of any unauthorised uses of your account or any other breaches of security. Brightside Enterprises Limited will not be liable for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
You must be a human.
Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
You must not, in the use of the services, violate any laws in your jurisdiction and in the United Kingdom (including but not limited to copyright or trademark laws).
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Domain Purchase and Management Services
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This section outlines the terms and conditions under which Brightside ("we", "us", "our") agrees to purchase and manage internet domain names ("Domains") on behalf of our clients ("you", "your", "Client").
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We will purchase Domains on your behalf based on the specifications and requirements you provide. You acknowledge that the availability of a Domain is subject to prior registration by another party.
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Upon successful purchase, the Domain will be registered in our name, and we will manage it as your service provider. You will have the beneficial interest in the Domain for the duration of our contractual engagement.
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We reserve the right to refuse the purchase of any Domain that we deem inappropriate or legally risky.
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Our Domain management services include, but are not limited to, renewal management, DNS configuration, and privacy protection settings, as per your instructions and our service agreement.
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We will take reasonable steps to secure and maintain the Domains, but we do not guarantee uninterrupted service or protection from cyber attacks, domain hijacking, or other security breaches.
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You will be promptly informed of any significant changes or required actions related to your Domain(s).
Fees for Domain purchase and ongoing management services will be as agreed upon in our service agreement or as communicated to you in advance of any transactions. Failure to make timely payments may result in suspension of services, including Domain renewals.
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We are not liable for any loss or damages arising from the loss of registration or use of a Domain, except to the extent caused by our negligence or willful misconduct. You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) related to your use of the Domain.
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Upon termination of our services, we will facilitate the transfer of the Domain to you or a third party you designate, subject to any outstanding fees.
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You may request the transfer of the Domain to another registrar or service provider at any time, subject to our standard transfer procedures and any applicable fees.
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Adherence to CAN-SPAM Act In providing Domain management and associated services, Brightside is committed to full compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act.
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We ensure that all electronic communications sent on behalf of our clients, through the Domains we manage, adhere to the regulations set forth by the CAN-SPAM Act. This includes, but is not limited to, the use of legitimate header information, subject lines, and clear indication of the message as an advertisement where applicable.
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We provide a clear and conspicuous opt-out mechanism in all marketing emails sent on behalf of our clients, ensuring that opt-out requests are honored promptly, typically within 10 business days as per the CAN-SPAM requirements.
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You, as our client, agree to comply with all aspects of the CAN-SPAM Act in your use of the services provided by us. You will not use our services to send spam or otherwise send content that would violate the CAN-SPAM Act.
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Brightside reserves the right to terminate or suspend services for any client found to be in violation of CAN-SPAM Act regulations.
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Adherence to GDPR mybrightside acknowledges the importance of data privacy and security, particularly in compliance with the General Data Protection Regulation (GDPR), applicable to the processing of personal data.
In managing Domains and providing associated services, we commit to adhering to the principles of GDPR, which include lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, and confidentiality of personal data.
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We implement appropriate technical and organisational measures to ensure and demonstrate that any personal data processing is performed in accordance with the GDPR. This includes, but is not limited to, obtaining explicit consent from individuals whose data is collected, processed, or stored.
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As a client of mybrightside, you agree to comply with all relevant GDPR obligations in relation to the personal data you provide to us or which we collect on your behalf. You shall ensure that there is a lawful basis for processing such data and that any data subject requests are addressed in a timely and compliant manner.
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In the event of a personal data breach, we will adhere to GDPR regulations regarding the notification to the supervisory authority and communication to the data subject.
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myBrightside reserves the right to terminate or suspend services for any client found to be in violation of GDPR.
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While experience enables us to predict with reasonable accuracy the data of provided this will undoubtedly rely on the search queries entered into LinkedIn OR our data platform and the validity and quality of the member profiles being utilised.
We also estimate based on data available to parse the amount of data available for email campaigns based on sector, geography and validity.
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For email data, myBrightside will only be using compliant and verified email data. In some cases, this may limit the number of emails available for your campaign however by accepting the terms of service, you give myBrightside permission to work with the best email data available.
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For telephone data, we will only be using TPS compliant data. In some cases, this may limit the number of emails available for your campaign however by accepting the terms of service, you give myBrightside permission to work with the best telephone data available.
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Every effort will be made to ensure data accuracy however with the volume of data being handled it is no uncommon to see 10% ‘Data Slippage’. Data slippage is defined as a prospect who does not meet the “ICP” criteria. It should be noted that myBrightside team will react to data slippage and work with the client to refine data slippage accordingly.
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Any use of data to fulfil Brightside Enterprises' services is completed by Brightside Enterprises agents. If Intent Data is being used on your campaign, you agree to the 'top up data protocol' to be used in the event that intent data is unavailable for whatever reason. Intent Data cannot be shared between parties.
Where an exclusion list is offered, this will be implemented to the best of our system's ability and Brightside Enterprises does not accept any liability for data slippage. Data slippage means not all data sets are 100% accurate and this is accepted as part of the service.
All reasonable attempts will be made for accuracy and effectiveness in data and myBrightside will work with the client accordingly.
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Where an exclusion list is offered, this will be implemented to the best of our system's ability and Brightside Enterprises does not accept any liability for data slippage.
Data slippage means not all data sets are 100% accurate and this is accepted as part of the service. All attempts will be made for accuracy and effectiveness in data by Brightside Enterprises Agents.
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Users must have a LinkedIn Sales Navigator licence to utilise the myBrightside’s LinkedIn platform. You can find more information on how to sign up to sales Navigator Here: https://business.linkedin.com/en-gb/sales-solutions/cx/linkedin-sales-navigator
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Payment Method & Profile
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Your Set Up Fee, Monthly Service Fee and Lead Fee are inclusive of a 20% discount on the assumption that your payments are made via Direct Debit or Card Payment via Stripe.
Payments not made by Direct Debit or Stripe will not benefit from the 20% discount and activity will not commence until funds have cleared. Late Payment Statutory Charges and Compensation will be applied: This 8% annually from 30 days due, plus a standard charge £100 for every overdue invoice.
Your set up fee is due 7 days from the signed service agreement date. Service will not be made 'live' until the set up fee is paid. The first months service fee will be due 21 days from the signed service agreement date and regular monthly fees will the be collected monthly in advance thereafter. VAT is chargeable.
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Previous month Lead Fees and Performance Fees are collected at the end of each month. VAT is chargeable.
Optional paid services, such as extra capacity, are available on the Services (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Brightside Enterprises Ltd. The monthly or annual subscription fees indicated for that service (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Optional Fees, Set Up fees, Service fees and Upgrade fees are not refundable.
Notice Period & Alternations:
This agreement is initial term as per your signed contract which is then followed by a rolling agreement thereafter and will continue until terminated by either party. At anytime after the initial term, a one calendar months’ notice must be given to terminate the agreement and stop the service.
Once service has commenced alterations to messaging and searches are permitted and must be submitted in writing, one change per month can be made free of charge. Pausing a campaign for a maximum of one month with one calendar months’ notice is possible however the agreement will be extended by the same time period and charges will recommence after the paused period expires or in one month.
Non-disclosure:
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Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors and potential acquisition targets; its business operations and structure; its services, formulas and pricing; its processes, technologies and inventions; its research and know-how; its financial data; and its plans and strategies.
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Intellectual Property Rights
You agree that Brightside Enterprises owns all rights to the code, databases, visual-design and layout of the service itself. Two-way, myBrightside claims no intellectual property rights over the material you provide to the service.
You may not duplicate, copy, or reuse any portion of the content of myBrightside’s service without the express written consent of a Director of Brightside Enterprises Limited.
During the term of this Agreement and continuing for 18 months after the termination of this Agreement, neither Party shall directly or indirectly, for its own account or for the account of others, urge, induce, entice, or in any manner whatsoever solicit any client or partner directly involved in the activities conducted pursuant to this Agreement to engage in the services of the other Party or any of its Affiliates. For purposes of the foregoing, urge, induce, entice or solicit shall not be deemed to mean: (a) circumstances where an employee of a Party initiates contact with the other Party or any of its Affiliates with regard to possible cooperation; or (b) general solicitations of business not specifically targeted at clients of a Party or any of its Affiliates, including responses to general advertisements.
Warranties and liability
Whilst best efforts will be made, Brightside Enterprises Limited does not warrant that:
The service will be uninterrupted, timely, secure, bug or error-free at all times. The service will meet your requirements or expectations. The calculations performed by the service are accurate.
You expressly understand and agree that Brightside Enterprises shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if myBrightside has been advised of the possibility of such damages), resulting from your usage of the service.
Limitation of Liability
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In no event will Brightside Enterprises Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brightside Enterprises Limited under this agreement during the twelve (12) month period prior to the cause of action. Brightside Enterprises Ltd shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law
General Conditions
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Technical support is only provided to paying account holders and is available as per the terms of your account.
Your use of the service is at your sole risk. You acknowledge, understand and agree that myBrightside provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
You understand that myBrightside uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
You acknowledge, understand and agree that myBrightside cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
You agree to defend, indemnify, and hold harmless myBrightside its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service.
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You agree that at time to time there may be tweaks and amendments to your campaign messaging and text be that for grammar or performance purposes.
You agree to receive administrative and legal notices about the service electronically via email or traditional postal mail.
The failure of myBrightside to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and myBrightside and govern your use of the service, superseding any prior agreements between you and myBrightside (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service please contact us directly or please discuss with your nominated myBrightside representative.
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