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Email Marketing Service Agreement


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EMAIL MARKETING
SERVICE AGREEMENT

The below terms and conditions relate to Enbecom products/services including access to an email marketing platform and must be read in conjunction with all other relevant terms and conditions including our main Enbecom Service Agreement, Code of Conduct and Privacy Policy.

Definitions

In this document:

"Enbecom" or "we/us" means the business Enbecom Solutions, the details of which are in our main Service Agreement.
"Customer" or "you" means the person, firm or company that has requested any Services.
"Service" or "Services" means any services supplied or to be supplied by Enbecom (or Enbecom's suppliers) connected with email marketing.
"Agreement" means the Email Marketing Service Agreement contained here.
"Platform" is the web-based software platform that you use for accessing these Services.
 

Services and Support

By posting updated versions of the Agreement on this website, or otherwise providing notice to you, we may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at our sole discretion. All such changes shall become effective upon posting of the revised Agreement on our website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. We will use reasonable efforts to make you aware of any changes to the terms of this Agreement. If you elect to discontinue using the Services due to any changes to the Agreement made under this paragraph, our usual termination of service terms apply, to the maximum extent permitted by law.

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited.

The Services enable corporate, small business and community websites to sign up website visitors, collect and retrieve visitor sign-up data, and to develop and execute email communications with visitors and others (including your customers).

Both the number of email messages sent and the number of KiloBytes of data transferred are metered by our platform providers. The total KiloByte data transfer of each message can be no more than 300kb.

We may charge an account re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment, an untimely authorisation for payment, or any other breach of this Agreement.

You must provide true, accurate, current, and complete information about yourself when requested as part of your purchase and registration.  As part of the registration process, you will identify an email address, username and password for your platform account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. We and our platform supplier reserve the right to refuse registration of, or cancel accounts we deem inappropriate.

It is understood that we and our platform supplier make no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. The platform makes every reasonable attempt to make sure that all email messages sent through the servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results we recommend the use of HTML editors that generate HTML that adheres to W3C standards.

Restrictions and Responsibilities

This is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent us and our platform supplier from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community or Australia, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs or other relevant international laws.

You acknowledge and agree that the Services, the Software, the related company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of us, or platform supplier or our affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by us, our platform supplier or by other parties that have licensed their material to us.  You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the relevant party.  Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in the relevant party, as the case may be.

You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree that you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless us and our platform supplier against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that you are responsible for the content of any emails or messages sent using the Services. Although we and our platform provider have no obligation to monitor the content provided by you or your use of the Services, we may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United Kingdom or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.

In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to us and our platform suppliers, who may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

We will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. In addition, we will not use your customer information for the purpose of sending unsolicited commercial email.

You will adopt and maintain a policy that complies with all applicable privacy laws and which is at least as stringent as our Privacy Policy (as modified from time to time). You represent and warrant that all personal information that you provide to us has been collected with the relevant individual’s consent, and that you have informed the individual of Privacy Policy and the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Services. You acknowledge that we (including our platform supplier) may store the personal information that you provide to us on servers located outside of the European Union, including (but not limited to) in the United States of America. You warrant that you have obtained the consent of the relevant individuals to the storage, handling and transmission of their personal information to and by us and our platform supplier as described.

You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.

You must not use the Services to send email campaigns that link to or display nudity, obscene content, gambling related content, pay day lender related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

You must not use the Services for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy (which forms part of this Agreement) for further information.

All rights not expressly granted are reserved.

The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under our direct control and we accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that we are entitled to require you to remove any link from another website to the Services which you install without obtaining our prior written consent.

Compliance Rules for sending email

All customers must follow the rules of the UK and EU anti-spam legislation and our Anti-Spam policy when sending emails through the Services.  We require the following (among other things) of all email messages sent through the Services:

1. All emails must contain a platform “unsubscribe” link that allows subscribers to instantly remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to us and our platform supplier. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. We and our platform supplier scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include an unsubscribe link before continuing.

2. All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity’s address or phone number.

3. All emails must state the reason the recipient is receiving the message. For example, “You are receiving this message from XYZ Company because you signed up for our email list at www.xyz.com.”

4. All emails must be compliant with any disclosure requirements that apply to the sender (e.g., some countries’ laws require that business letters, including emails, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.)

These 4 guidelines will help ensure that us and our platform supplier maintain our reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as spam by a recipient, we and/or our platform supplier reserve the right to cancel your account without notice. For further information in relation to spam, please read our Anti-Spam Policy (which forms part of this Agreement, including your spam indemnity).

Email and permission practices

You agree to be fully compliant with all parts of the General Data Protection Regulation (GDPR).

You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact us if you have questions) where demonstrable consent for the relevant purpose has been given for every entry on the list.

You cannot mail to distribution lists, newsgroups, or spam email addresses.

You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the email addresses to which messages are sent through your platform account.

Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. We and our platform supplier, in our sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

We or our platform supplier, at our own discretion, may immediately disable your access to the Services without refund if we believes in our sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.

 

Anti-Spam Policy

The law isn’t enough, it’s permission that counts

While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing.

Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.

But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.

What kind of email addresses are OK to send to with the email marketing platform?

To send email to anyone using the platform, you must have clearly obtained their permission. This could be done through:

  • An email newsletter subscribe form on your web site.
  • An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
  • If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by email AND they ticked a box indicating they would like you to contact them.
  • Customers who have purchased from you within the last 2 years.
  • If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email about that specific topic.

Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you’re contacting them about.

What kind of email addresses are NOT OK to send to with the platform?

Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using the platform you agree not to import or send to any email address which:

  • You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
  • You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
  • You haven’t contacted via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
  • You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

Sure, some of these people might have given you their email address, but what’s missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won’t be effective and will more than likely see your email marked as spam by many of your recipients.

All use of the services must be fully compliant with all parts of the General Data Protection Regulation (GDPR).

What content MUST I include in my email?

Every email you send using the platform must include the following:

  1. A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
  2. The name and physical address of the sender. If you’re sending an email for your client, you’ll need to include your client’s details instead.

How we’ll know if you don’t have permission

We and our platform supplier have numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here’s a few of them:

  1. Until your account has been approved by a member of our team, every email you send will need to be approved.
  2. Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s like Outlook.com and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.3% of all recipients (that’s 30 complaints for every 10,000 recipients) you will receive a warning email requesting an explanation and giving you advice. This is a generous figure that takes into account false spam reports. Higher levels of complaints will result in accounts being locked or terminated.
  3. Our team verifies all large lists imported into our software. Until we’ve given it the all clear, you can’t send to it.
  4. We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.


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