Terms of Service
1.0 Interpretation
- EDM means Envelope Digital Marketing
- Us and We means Envelope Digital Marketing
- The Client means You
- Recipient means the person who receives your emails sent by us on your behalf
- ISP means Internet Service Provider
2.0 Liabilities:
Any advice given by EDM in the course of any communication with the
Client, (including telephone conversations and email exchanges) is given
in good faith and without prejudice.
EDM is not responsible for content of client's emails or newsletters,
nor any 3rd party actions arising as a result of that content.
In supplying any aspect of this service, EDM doesn't guarantee any benefits
or detriment to the Client's business, including (but not limited to);
• Any difference in Client's business performance, including sales,
revenue, profit or loss • Any difference to the Clients brand recognition
3.0 Services Suppplied:
3.1 Email Sending: EDM is not responsible in any way should email addresses,
whether supplied by the Client or by Us, be incorrect and/ or fail to
arrive at any destination, or the result of being sent unintended recipients.
3.2 EDM doesn't guarantee that any data (email lists) supplied by Us
to the Client are 100% error free. This data is supplied by a third
party to EDM according to their own quality standards, but it is inevitable
that there may be a small percentage of email addresses which aren't
accurate.
3.3 EDM is not responsible for failure in any part of the internet chain.
3.4 EDM is not responsible for the loss or deletion of data supplied
by the Client. The Client is advised to keep their own backup of any
data supplied to EDM.
3.5 E-Leads button: Code is supplied for the Client to embed in
their own website (one that was not designed and build by EDM or Chromaforge).
EDM is not responsible for any undesired consequences (such as disruption
to the layout or function) to the Client's website of embedding our
code. EDM will however embed the code free of charge in any website
built by Us/ Chromaforge.
It is the Client's responsibility to define what he' she wishes to make
available for download via the button, but EDM can assist the Client
in producing such content at additional cost. There is no guarantee
as to the quantity of sales leads generated by the E-Leads button
facility.
3.6 Email Templates: Email templates are designed in collaboration with
the Client, and supplied to the Client's specification.
EDM is not responsible how the Client subsequently uses the template.
While the templates have proven stable in all popular email and webmail
applications, EDM is not responsible for the rendering of the template
in every circumstance, as there are too many unknown circumstances under
which the template may not dispaly correctly.
4.0 Data, Data Protection & Indemnity
4.1 The Client is the data controller in respect of any personal data
that EDM processes in the course of providing Services. The personal
data is derived from that provided by the Client and is not checked
or monitored by EDM and, accordingly, EDM has no liability or responsibility
for the accuracy, contents or use of such personal data.
4.2 EDM uses a third party to store and process email data. That third
party is contracted to provide storage to an acceptable industry standard.
However, EDM and the third party has no responsibility or liability
for storage of such data and the Client has full responsibility to make
their own data backup if required. EDM shall have no liability for any
loss or damage, however caused, arising from any loss of data.
4.3 It is a condition of this Agreement that the Client complies with
all applicable data protection and communications legislation (including
without limitation, if located in the European Economic Area "EEA",
any locally applicable legislation giving effect to EC Directive 95/46/EC
and EC Directive 2002/58/EC such as the provisions of the Data Protection
Act 1998 and the Privacy and Electronic Communications (EC Directive)
Regulations 2003). In particular, the Client shall: (a) if located or
operating in the EEA, ensure that it is appropriately registered; (b)
take appropriate organisational and technical measures against unauthorised
or unlawful processing; (c) obtain appropriate express, specific and
informed consent when obtaining the personal data from data subjects;
(d) keep full records of its customers opt-in/opt-out choices regarding
unsolicited emails; (e) if located or operating in the EEA, only transfer
personal data outside the EEA with, and only to the extent of, any express
and informed written consent of the relevant data subject; (f) with
reasonable written notice provide EDM with documentary evidence of compliance
with this clause 4.3 and should such written evidence not be available
shall permit EDM to appoint an appropriate professional organisation
to conduct a compliance audit. The client shall grant the appointed
professional reasonable access only to those premises and systems necessary
for the purpose of this audit upon being given reasonable notice.
4.4 The Client shall fully indemnify and keep indemnified EDM against
any losses, claims, fines, damage or expenses (including reasonable
legal and professional expenses) (whether direct, indirect or consequential)
arising as a result of or in connection with any breach of this clause
4 and/or any applicable data protection legislation. EDM shall not use
the Client data or materials except for the provision of
Services as set out in this Agreement or as required by law, regulation
or regulatory body or any court of competent jurisdiction. EDM shall
at all times comply with its obligations under the Data Protection Act
1998 and the Privacy and Electronic Communications (EC Directive) Regulations
2003.
5.0 Client's Obligations & Indemnity
All marketing communications in the UK are governed by the Committee
of Advertising Practice (CAP) Code which is enforced by the Advertising
Standards authority. Full details of which can be found at www.cap.org.uk.
The general principles of this code are that the content of any marketing
email should be:
• Legal,
• Decent,
• Honest,
• Truthful,
• Prepared with a sense of responsibility to consumers and society,
• In line with the principles of fair competition Some specific sections
of the code which may be relevant to email marketing include:
• Marketers, publishers and owners of other media should ensure that
marketing communications are designed and presented in such a way that
it is clear that they are marketing communications. Unsolicited e-mail
marketing communications should be clearly identifiable as marketing
communications without the need to open them.
• E-mail marketing communications should contain the full name and a
valid address (e.g. an email address) of the marketers to which recipients
can send opt-out requests.
• Before distributing or submitting a marketing communication for publication,
marketers must hold documentary evidence to prove all claims, whether
direct or implied, that are capable of objective substantiation. The
adequacy of evidence will be judged on whether it supports both the
detailed claims and the overall impression created by the marketing
communication.
• Marketing communications should contain nothing that is likely to
cause serious or widespread offence. Particular care should be taken
to avoid causing offence on the grounds of race, religion, sex, sexual
orientation or disability. Compliance with the Code will be judged on
the context, medium, audience, product and prevailing standards of decency.
• E-mail marketing communications should contain the full business name,
registered office and Company registration number of the sender and
must provide a valid mechanism for the recipients request to be unsubscribed.
5.1 It is a condition of the provision of these Services that the Client
agrees to follow the CAP code in all marketing communications and that
the reputation, goodwill and brand of EDM are fully preserved and protected
and, the Client shall not:
(a) use the Services in any way so as to bring the Services or EDM into
disrepute; or
(b) use the Services to send unsolicited or unauthorised advertising,
promotional material, 'junk mail', 'spam', 'chain letters or pyramid
Schemes, offensive adult services, pornographic material, pornographic
images, communications promoting email address data lists or any other
form of solicitation to any data subjects or third party; or
(c) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content or materials transmitted through the EDM Services;
d) use the Services in a manner which is unlawful, harmful, threatening,
abusive, harassing, tortuous, indecent, obscene, libellous, menacing
or invasive of another persons privacy; or
(e) use the Services in a manner which infringes the Intellectual Property,
proprietary or personal rights of any third party, including data subjects;
or
(f) misuse the Services by introducing viruses, trojans, worms, logic
bombs or other material which is technologically harmful; or
(g) attempt to gain unauthorised access to the EDM website or Services,
the server on which the Site or Services are stored or any server, computer
or database connected to the Site or Services; or
(h) attack the Site or Services via a denial-of-service attack or a
distributed denial-of service attack.
5.2 Unsolicited bulk email support services may include but are not
limited to: Services providing service to known spam operations listed
on ROKSO, services providing 'bullet-proof hosting' for spam service
purposes, services obfuscating or anonymising spam senders, services
selling or providing hosting for the sales or distribution of spamware
or address lists, and networks knowingly hosting spammers as either
stated or de facto policy. We at EDM firmly believe that email marketing
must be built upon a foundation of good practice and permission. We
also believe that the subscriber must be given the means to control
the frequency which businesses communicate with them and must be given
clear and unambiguous means to unsubscribe from further emails. We therefore
make it a condition of this Agreement that the Client agrees: (a) to
comply, and to ensure that all its use of the Services complies, in
all respects, with all applicable legislation, regulations, directions,
codes of practice, best practice guides (including, without limitation,
the DMA best practice guides, The Committee of Advertising Practice
Code, the Spamhaus best practice guides) and other rules and guidelines,
mandatory or otherwise, promulgated from time to time by governments,
regulators and/or email User Groups acknowledged both UK and worldwide
(collectively, Codes); (b) that where EDM is notified that a Client
is or has been in breach of any Codes, EDM shall be entitled to act
on any request or recommendation for access to be denied to such Services
and for such periods in each case as are reasonable; (c) to provide
all reasonable assistance to EDM in connection with EDM's compliance
with any requirements or conditions which are at any time imposed by
law or any regulator or appropriate User Group which are applicable
to or affect the Services; and (d) to provide, EDM, relevant authority,
User Group or regulator with such information or material relating to
the Services or a future service as it may reasonably request in order
to carry out any investigation in connection with the Services. In the
event of a breach of applicable legislation, regulations, directions,
codes of practice, best practice guides and other rules and guidelines
EDM will review the circumstances leading to the breach and may in its
absolute discretion (taking account of the clients track record of using
the services) either terminate the agreement or reactivate the services
subject to the client providing documentary evidence the breach was
caused inadvertently and while acting in good faith and that appropriate
steps have been taken to prevent any further reoccurrences.
5.4 EDM does not accept and shall have no responsibility or liability
for the content of any emails sent using the Services or for sending
them to the recipients in accordance with this Agreement and the Client
agrees to indemnify fully and keep indemnified EDM against any losses,
claims, fines, damages and expenses (including reasonable legal and
professional expenses) of whatsoever nature (whether direct, indirect
or consequential) arising as a result of or in connection with any breach
by the Client of this clause 5 and/or any applicable legislation.
5.5 Without prejudice to its other rights in this Agreement EDM reserves
the right to remove any item included in any emails forming part of
the Services or any other item or material made available via the Services
by the Client at any time and without notice.
6.0 Payments:
All Clients must confirm in writing (by
email) that they wish to proceed before any work commences, and
in doing so, agree to be bound by all terms and conditions herein. Implicit
in this email confirmation, is a binding committment to pay the agreed
sum for the assignment requested.
All payments must be made in full, by Internet Transfer or BACS to the
bank account of EDM. Credit card payments are accepted via Paypal (you
don't need a Paypal account), but are subject to a 5% markup.
Payment by cash or cheques are not accepted.
EDM is not currently VAT registered, so there is no VAT to pay by the
Client.
All prices subject to change wihout prior notice.