These terms and conditions relate to the direct contact service, and should be read in accordance with UCAS’ terms of service.

The direct contact service is being run for the purposes of marketing to unplaced applicants during Clearing 2018, and does not replace any other Clearing marketing activities.

1. Definitions and interpretation

In these terms and conditions, the following expressions will have the following meanings:

Accepted applicant” means an Applicant who holds an unconditional offer with a Customer as at Thursday 25 October 2018, including deferred acceptances.

Agreement” includes these terms and conditions, the order acknowledgement form, the Code of Conduct, and the Terms of Service, as updated and reissued by UCAS from time to time.

Applicant Data” means the data included in the Applicant Details Form.

Applicant Details Form” means the contact details of an Applicant who may be interested in a course being offered by the Customer. This may contain the following Personal Data and sensitive personal data: name, applicant PID, email address, telephone number, qualification data, personal statement, UCAS choices, and data relating to the applicant’s address.

Clearing” means the period between Thursday 16 August and Friday 31 August 2018.

Code of Conduct” means the direct contact service Code of Conduct provided to the Customer.

DC Service” means the direct contact service, by which UCAS provides Applicant Details Forms to the Customer.

Track” means a facility provided by UCAS to allow Applicants to track the progress of their applications.

2. Provision of DC Service

2.1 The Customer must provide UCAS with its recruitment requirements no later than 29 June 2018.

2.2 UCAS shall provide to the Customer, Applicant Details Forms in accordance with their recruitment requirements for the purpose of the DC Service.

2.3 The Customer will only use the Applicant Details Forms to contact Applicants concerning Courses for which an Applicant can add a choice in Track. For the avoidance of doubt, this excludes, but is not limited to, all further education, distance learning, and part-time courses.

3. Relevant dates

3.1 UCAS shall provide the DC Service during Clearing on weekdays (not including Bank Holidays).

3.2 UCAS will use its reasonable endeavors to deliver the resulting Applicant Details Forms in accordance with any delivery dates and times advised to the Customer. Any such dates and times are provisional and approximate only. The time of delivery is not of the essence.

4. Charges and payment

4.1 The DC Service shall commence upon receipt of a confirmed order acknowledgment committing the Customer to an agreed fee (“Service Fee”). The Service Fee is non-refundable.

4.2 In addition to the Service Fee, if the Customer receives more than two Accepted Applicants, the Customer shall be invoiced after 25 October 2018 a fee (“Accepted Applicant Fee”) for each successive Accepted Applicant, who was supplied to the Customer on the Applicant Details Forms.

4.3 VAT (or any similar tax), where applicable, will be identified as a separate item of account, failing which the price will be deemed to include VAT (or any similar tax).

5. Using the Applicant Data

5.1 The Customer, its staff, and contractors shall strictly adhere to the Code of Conduct.

5.2 The Customer shall keep an appropriate record of who has access to the Applicant Data provided by UCAS.

5.3 The Customer shall ensure that they check the suppression list provided by UCAS daily, and delete any Applicant Details Forms for Applicants on the suppression list.

5.4 The Applicant Data supplied in the Applicant Details Forms is strictly for the purposes of the DC Service during Clearing. No other purpose is permitted.

5.5 All Applicant Data supplied through the trial is to be destroyed no later than 20 November 2018. This must include any data integrated into a Customer relationship management system or other databases.

6. Liability

6.1 UCAS will only send details of Applicants who are unplaced, but does not warrant that all Applicants will still be unplaced at the time when the Customer contacts them.

6.2 Telephone numbers are extracted from Track, and are updated by the Applicants themselves. UCAS does not warrant as to their accuracy.

6.3 UCAS cannot warrant that any telephone call will be answered by the Applicant.

7. Termination

7.1 The Customer may terminate the agreement by giving two working days’ written notice, up until the point a file containing Applicant Detail Forms is downloaded from MOVEit, UCAS’ secure file transfer system.

7.2 If the Customer fails to comply with Clause 5 of this Agreement, UCAS may terminate this Agreement with immediate effect by notifying the Customer.

7.3 Upon termination for any reason, the Customer will immediately delete or remove any information in their possession, and immediately destroy or return to UCAS all copies of any information then in the Customer’s possession, custody, or control, and, in the case of destruction, certify that they have done so.

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