Direct contact service terms and conditions

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 2017, 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 whose details were supplied via the direct contact service between 17 August – 1 September 2017, who holds an unconditional offer with a Customer as at Monday 23 October 2017, including deferred acceptances.

Agreement” includesthese 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 Pre-selection Details or Applicant Details Form.

Applicant Details Form” means the 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, email address, telephone number, qualification data, personal statement, UCAS choices and data relating to the Applicant’s address.

Clearing” means the period between Wednesday 5 July 2017 and Monday 23 October 2017.

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

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

Pre-selection Details” means the anonymised Applicant Details Forms provided by UCAS prior to 17 August 2017.

Pre-selection Option” means the option, as part of the direct contact service, to receive Pre-selection Details for pre-selection purposes prior to 17 August 2017.

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


2. Provision of direct contact service

2.1 The Customer must provide UCAS with its recruitment requirements no later than 14 July 2017.

2.2 UCAS shall provide to the Customer, Applicant Details Formsin accordance with their recruitment requirements for the purpose of the direct contact service.

2.3 The Customer will only use the Applicant Details Formsto 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 Direct Contact Service from 17 August until 1 September 2017 on weekdays only. An optional supply may be provided on Saturday 19 August 2017. Calls to Applicants are permitted until 8 September 2017.

3.2 UCAS shall provide the Pre-selection Option prior to Thursday 17 August 2017.

3.3 UCAS will use its reasonable endeavours 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 theessence.


4. Charges and payment

4.1 The direct contact 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 23 October 2017 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 similartax).


5. Pre-selection Option

5.1 UCAS may provide the Customer with the Pre-selection Details for the preselection of potential Applicants that may be available via the direct contact service from 17 August to 1 September 2017.

5.2 Should UCAS provide the Pre-selection Data it shall be supplied to the Customer prior to Clearing.


6. Using the Applicant Data

6.1 The Customer, its staff and contractors shall strictly adhere to the code of conduct.

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

6.3 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.

6.4 The Applicant Data supplied in the Applicant Details Forms is strictly for the purposes of the Direct Contact Service from 17 August to 8 September 2017. No other purpose is permitted.

6.5 The Customer shall destroy all Applicant Data and Pre-Selection Data supplied through the trial no later than 24 November 2017. This must include any data integrated into a Customer relationship management system or other databases.

6.6 The Customer shall not use any of the Pre-selection Data to attempt to identify or look up further information about an Applicant, or to contact them.


7. Liability

7.1 UCAS does not warrant that any Applicant included in the Pre-selection Data will be unplaced and available during Clearing or shall be included in the Applicant Data.

7.2 During Clearing, UCAS will only send details of opted-in Applicants who are unplaced, but does not warrant that all Applicants will still be unplaced at the time the Customer contactsthem.

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

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


8. Termination

8.1 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.

8.2 If the Customer fails to comply with Clause 6 of this Agreement, UCAS may terminate this Agreement with immediate effect by notifying the Customer.

8.3 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.