General Information

Unless a quotation has been accepted in writing by the Client, all prices are subject to alteration by the Supplier without prior notice. VAT and data delivery will be charged extra unless otherwise stated.

Orders are accepted subject to the Supplier’s standard terms and conditions (please see below).

Mailings can be dispatched only after receipt of payment.

Acceptable methods of payment include:

Credit Card

Debit Card
Bank Transfer
Cheque
Paypal

Goods can only be delivered on receipt of “cleared funds”.

All lists contain “seed” names and “monitoring” addresses to protect copyright.

No warranty is given on telephone numbers, email addresses, job titles, company names, contact names or additional information fields. All information fields are regularly updated via email surveys, telephone marketing, fax marketing surveys and web-based questionnaires; all update information is processed on a “good faith” basis.

Definitions

• These conditions are the current conditions of Email Campaignz, (“the Supplier”) and are applicable to every contract with a Hirer or Purchaser (“the Client”) of the Supplier’s product or materials (“the Goods”) or for the provision of services by the Supplier.

2. Any variation of these conditions by the Client is ineffective unless accepted in writing by the Managing Director of the Supplier.

3. All orders must be dated, signed and confirmed in writing (Established clients may confirm orders via e-mail at the discretion of the Supplier). Orders will not be accepted on the basis of verbal instructions.

4. Quotations lapse after 30 days unless re-confirmed in writing by the Supplier, list prices are subject to alteration without notice and confirmation of list prices should be sought by the Client when placing the order.

5. All lists or parts of lists are owned by and copyrighted to the Supplier. Unless purchased for multiple usages on computer readable disks, e-mail or alternative media the Supplier’s data is rented for one time use only. Datamaker is sold on a one year licence only. The data must not be copied or recorded by the Client or its agents, or in any way processed by the Client or its agents other than in accordance with the Order or as agreed in writing by the Supplier. Information supplied on disk, e-mail or alternative media is for the sole use of the Client and must in no circumstances be offered for resale by the Client. All lists contain seed names and dummy addresses to detect unlawful use. The Supplier may take legal action against any Client that unlawfully processes data owned by the Supplier.

6. The Client shall be liable for loss or misuse of a list whilst in his care, or the care of his agent, including but not limited to mailing bureau, computer bureau etc. It will be deemed a misuse of a list if the list is used for any activity other than the purpose for which it was originally provided.

7. Data supplied via email delivery of FTP download is supplied for the computer operating system and in the format specified on the order. The Supplier does not accept responsibility for the readability of data. No liability is accepted by the Supplier for conversion of the data supplied to any system or format other than that specified on the Supplier’s acknowledgement of order.

8. The Supplier uses all reasonable endeavors to ensure lists are accurate and up-to-date. However, as lists are compiled from a variety of sources, the Supplier cannot warrant that any of the records are 100% complete, neither are they built up from personal knowledge of any particular trade or profession or other body. Whilst the Supplier agrees that all data has been fairly and lawfully obtained in accordance with the Data Protection Act 1998, no warranty is given regarding the accuracy or completeness of individual addresses, contact names or

9. Telephone numbers or that any list is a complete compilation of the categories of persons or establishments described therein.

10. The Supplier does not accept liability for the outcome of the use of its lists. In no event will the Supplier be liable for any loss of profit, revenue, goodwill, opportunity, business or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of its list or lists, save where such liability cannot be excluded by law.

11. Requests for the correction or deletion of inaccurate data or for the marking of disputed data in respect of individuals whose names are included in the lists received either directly or from any other user of the lists, have been and will continue to be completed with as soon as possible, normally within the previous 30 days or at the latest within 60 days following the receipt of such a request.

12. Requests for the suppression of deceased names will be complied with as soon as possible.

13. The Client agrees to notify the Supplier of any request received by the Client for the suppression of a deceased name or disputed data that can be identified as being included in the data supplied by the Supplier, normally within 30 days or at least within 60 days of receipt of the request.

14. The Client agrees to notify the Supplier as soon as possible, normally within 30 days or at least within 60 days of receipt, of any request for access to, or the correction or the deletion of inaccurate data it receives from an individual whose name can be identified as being included in the list supplied by the Supplier to the Client.

15. From an individual whose name can be identified in the lists supplied to the Client by the Supplier regarding the source from which the name was obtained and that this request will be dealt with promptly and in any event within a maximum of 40 days.

16. The Client agrees to record and mark any request for suppression received by the Client from an individual whose name can be identified as being included in a list supplied by the Supplier, and that any such record will be suppressed from any list subsequently used by the Client.

17. The Client agrees, unless otherwise agreed in writing between the Client and the Supplier, that posting of mailings to any names on any list provided by the Supplier will take place no later than six months following the date of supply. In the event that the posting is delayed, the Client agrees to return to the Supplier unused copies of any list and to delete from its files any extracts from or copies of the list.

18. The Client undertakes to keep lists and any copies or extracts of lists supplied by the Supplier secure and will safeguard against unauthorised use or disclosure.

19. Dates given for dispatch of lists are given in good faith and are estimates only, based on information available at the time of quoting. They are, however, not guaranteed and time is not of the essence of the contract.

20. Whilst every effort is made to quote the number of addresses accurately, the quantity may vary from time to time, as is reasonable, due to movements within the list or lists and no warranty or condition is given that the figure quoted agrees with that finally reached during the execution of the order.

21. Where more than one list is supplied, the total quantity dispatched may be less than the sum of the individual list quantities due to persons or establishments being coded to more than one classification.

22. The Supplier’s liability is limited to replacement of the Goods supplied; where a direct replacement is not available the client will be offered alternative goods at the same or similar price.

23. In no circumstances shall the Supplier be liable for consequential loss caused to the Client or its agents; the Supplier’s liability is limited to that set out in Clause 23 above.

24. When proofs are submitted for the Client’s approval, no responsibility will be accepted for any error in proofs approved by the Client.

25. Every effort will be made to carry out contracts, but should the Supplier be prevented or delayed in carrying out a contract by reason of Act of God, war, lock-outs, fire, flood, delays in transit, strikes, riots, postal delay or any other unexpected or exceptional causes or circumstances beyond the Suppliers control, the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due execution of an order has ceased, and in no circumstances is the Supplier to be liable for any loss or damage suffered by the Client as a result thereof.

26. The Supplier shall charge the amount of Value Added Tax due on the invoice whether or not included on the quotation or invoice.

27. The Client warrants that items to be mailed contain nothing which infringes copyright or is defamatory, obscene, indecent, or otherwise illegal or unlawful, and shall keep the Supplier fully indemnified against losses, costs, charges and expenses of whatsoever nature arising out of or in connection with a claim that such items infringe copyright, are defamatory, indecent or otherwise illegal or unlawful whether or not such claim is upheld or justified.

28. The Supplier is notified as required under the Data Protection Act 1998.

29. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales and any disputes are to be decided only by the Courts of England and Wales.

30. Data’ means information of any kind, however presented whether comprising words, numbers, graphs, maps, pictures, sketches or otherwise in any other form and whether or not our property which is supplied or made available by us under this Licence.

31. ‘We’ or ‘us’ or ‘Media Logistics’ or ‘our’ means Email Campaignz.

32. ‘You’ or ‘your’ means you, the Licensee.

33. If you wish us to exclude general email addresses from the email Data field you must request this prior to the Order Date.

34. Subject to any restrictions of use stated in the Order Form your use of the email Data may not exceed more than 12 emails to any one addressee in a 12-month period.

35. We are not responsible or liable for email addresses that prove to be undeliverable.

36. Proof of non-delivery in the form of undeliverable addresses must be returned to us in either a tab delimited, comma delimited, Excel or Dbase file.

37. No liability is accepted for unapproved methods of email delivery.. Unapproved methods of email delivery include (But are not limited to) use of an SMTP (Single Message Transfer Protocol) such as Outlook, Outlook Express, Opera, Netscape and Lotus.

38. We reserve the right to require you to cease or modify use of our email Data where we discover that the contents of email sent by you is in our reasonable opinion inappropriate or you have misled us about the content.

39. Where you procure the use of the email Data to send emails, you must ensure that the recipient is given a simple means to opt-out of receiving further communications and you must forward to Email Campaignz the details of any recipients who do exercise their right to opt-out including any comments that may be made by such recipients in an excel or comma separated format.

40. Where the Data includes all other email fields not included in the above opt-in email field, the following provisions shall apply in respect of the email Data:

41. If you wish us to exclude certain criteria from our range of criteria you must provide a suppression file to us that clearly states your requested exclusions prior to the Order Date.

42. If you wish us to exclude general email addresses from the email Data field you must request this prior to the Order Date.

43. We are not responsible or liable for email addresses that prove to be undeliverable.

44. We reserve the right to require you to cease or modify use of our email Data where we discover that the contents of email sent by you is in our reasonable opinion inappropriate or you have misled us about the content.

45. Companies wishing to market to email addresses purchased from all other email fields can contact all corporate subscribers (@company.co.uk) on an opt-out basis, except natural persons (private individuals and sole traders in the UK, and Partnerships in England, Wales and Northern Ireland).

46. All prices displayed are for the supply of email address only.

47. Cost for additional fields sets are charged at £0.35 per additional field set which includes First Name, “Last Name”, “Job Title”, “Company Name” and “Contact Telephone Number”.

48. Email campaigns conducted with data supplied by Email Campaignz must be in accordance with The Privacy and Electronic Communications Regulations.

59. Email address details are “bounce” checked for delivery status at a minimum frequency of every 6 months prior to delivery to client delivery.

50. Datasets are offered on a “Complete” basis and cannot be split into smaller sets.

51. All purchasers must be registered under The Data Protection Act and have a valid registration number.

52. Refunds are not given for email delivery failures due to the fact that delivery failures can occur for a number of reasons outside the control of Email Campaignz, including but not limited to, Senders IP address being blocked by recipients ISP, Sender ISP blocking bulk email deliveries, Email delivery software not being set correctly to deliver volume email, Email message contains key phrases such as “Special offer”, “Click here” that are blocked by recipients ant-spam software, Email messages containing attachments which are blocked by anti-virus software, Recipients mail box is full or not available to accept messages, Email messages containing excessive HTML content, Email messages containing prohibited VB and Java scripts, Email delivery server not having a correctly installed “Sender Policy Framework” or “SPF” record, Recipient is using “Anti-spam” software to block incoming “Marketing” messages, Email message containing excessive image content.

53. In the event of more than 30% of the original purchased dataset failing to deliver, then Email Campaignz, shall offer the client replacement data from any of the other available datasets on offer. A full set of SMTP log files is required from the sender in order for our technical support team to verify reasons for failure. If reasons for delivery failure are not attributed to the supply of the data, but are in fact connected to the delivery method of the message and/or content of the message then Email Campaignz reserves the right to charge the client a processing fee of £75 + VAT per hour for the production of such reports regarding the issue.

54. The client agrees to include a valid and free method of recipient unsubscription in all of its marketing messages to the recipients included within the supplied marketing file.

55. Email Campaignz accepts no liability for any actions taken by recipients with regards to content/sending of email messages by the client.

56. No warranties are given or implied with regards to any data supplied by Email Campaignz. Use of data is at the client’s own risk.

57. Transfer of data can only be made via email or FTP download.

58. Use of Data Outside The EU – Data supplied by Email Campaignz cannot be used of transferred outside the EU without the express consent of the data subject.

59. Please note that when purchasing multiple marketing files that there may be cases in which recipients are featured in more than one file, no refunds are offered or given in the event of duplication.

60. Lists may contain generic email addresses such as (But not limited to) “info”, “sales” and “enquiries”.

61.Email data file volumes are subject to change without prior notice.

62. Pay per lead, lead generation or cost per lead marketing services provided by Email Campaignz are supplied without time limit, meaning that Email Campaignz will take as much time as necessary to generate the required sales leads.

63. Email marketing services, studio services and design services provided by Email Campaignz are subject to a defined time limit. This time limit is calculated as 28 working days from the initial “Copy” request or “Design brief” being issued by Email Campaignz to the client. This defined time limit is to ensure that each client campaign is constructed within a reasonable amount of time (28 working days) and that Email Campaignz can schedule it’s studio and production time in order to provide all clients with an acceptable level of service. Clients who do not supply all required copy details and approve the final design within this period will be deemed to have breached this important condition and will have their email campaign delayed indefinitely (Until studio time becomes available again) or have their campaign cancelled without the possibility of refund or compensation.

64. Database licence’s are subject to a minimum renewal fee of £199.00 (Subject to VAT) for each 12 month period. All clients will be advised in writing via email, post or fax of when the renewal fee is due and the amount of the renewal fee. If a client does not wish to renew their database licence, they need to inform Email Campaignz in writing via email, post or fax, seven working days before the renewal fee is due. Clients who continue to use email data provided by Email Campaignz (Data usage is tracked via seed and tracking email addresses) will be subject to the data licence renewal fee.