Terms of service
JC Peters Ltd, through it's trading name: Email Blaster UK provides one of the most technically advanced and easy to use bulk email broadcast services available. In order for us to maintain our high levels of email delivery, speed and performance, we ask you to read and agree to the Terms of Service set out below. These terms are designed to protect the interests of all our customers and we believe that whilst they are not onerous or over proscriptive, they properly reflect best practice in email marketing. In particular, we are required to draw your attention to the anti-spamming legal requirements and internationally accepted protocols for email marketing, which are incorporated into these terms.
Unsolicited email, in extreme known as spam, is a blight that tarnishes the reputation of professional and legitimate service providers such as Email Blaster UK and reduces the effectiveness of properly managed and legitimate email campaigns. For this reason, Email Blaster UK is committed to the eradication of spam and supports all agencies in the fight against it. Our terms of service reflect our compliance with anti-spamming measures.
- Email Blaster UK (hereinafter the licensor) agrees to provide the services of it's Email Blaster UK software (hereinafter the software) to the licensee - you (hereinafter the licensee) for the purposes of allowing the licensee to send broadcast emails. We provide this service on the basis of undertakings you give us as set out herein.
- The licensee agrees and undertakes;
- To pay to the licensor in a timely manner all fees, charges and payments required by the licensor and agreed by the licensee in accepting the terms for the provision of the software for the execution of the email service.
- Any email transmitted by the licensee using the licensor's online email marketing software will fully comply with the terms of service as set out herein.
- Any breach of these terms of service and may result in action being taken by the licensor up to and including withdrawal of the services and products supplied and termination of the licensee's account at no notice and without compensation.
- The licensor does not permit emails to be sent using the software other than to lists that have been self-generated or are of known and trusted provenance in compliance with Confirmed Opt-In (COI) requirements as summarised in paragraph 7.
- A self-generated list is one which has been developed directly by the licensee from contacts and/or customers. It is a requirement that an auditable (COI) process has been employed to validate the list.
- A Trusted provenance list is one, which whilst not directly generated by the licensee, has confirmed compliance with COI requirements.
- All emails transmitted will not have content that is illegal or likely to cause offence by example but not limited to; defamatory, libellous, pornographic or likely to offend, conveying information that is or may be considered illegal within the laws of the country of distribution, in breach of copyright or trademark legislation.
- The licensor has no legal or otherwise liability that may arise as a result of the content and/or the transmission of an email to a third party. The licensee accepts full responsibility for any legal action or claim for damages that may arise directly or indirectly as a result of the receipt of the email originating from the licensee using the software and will hold the licensor harmless as a result of such action or claim for damages. This means that;
- The licensee will be bound to defend such action and will meet all legal costs arising as a result of such an action both for the licensee and for the licensor.
- The licensee will be liable for any damages resulting from such action on behalf of the licensee and the licensor.
- The licensor agrees and undertakes;
- To provide the services of the software for the transmission of emails to email lists uploaded by the licensee.
- That all email lists uploaded by the licensee remain the property of the licensee.
- Not to copy, modify, delete or pass to a third party in part or in total, email lists and email content belonging to the licensee unless as required by the software for the sole purpose of executing the licensees requirements and by the agreement of the licensee.
- To hold in confidence all details supplied by the licensee and in particular all information relating to email lists and/or content.
- Summary of primary compliance required by the licensee for the use of the software:
- Any broadcast dispatched using Email Blaster software will prominently display the option for the recipient to opt-out from any further broadcasts.
- For any email addresses mailed using the software the recipient must have already opted-in to receive e-mail advertising and marketing in accordance with the COI guidelines of paragraph 7.
- The licensee will ensure that no viruses or any malicious attachment or embedded code that could be damaging to the recipients I.T. equipment are contained within the email.
- E mail addresses collected by the licensee.
- Provide a statement of use whilst you gather details.
- Explain what individuals' details will be used for.
- Do not use consent boxes which are already ticked.
- Provide a simple and fast manner for clients to opt out of promoting messages without charge.
- Promptly agree to opt-out requests from everyone, not simply those from individuals.
- Have a plan in place to care for unwanted marketing complaints.
- When you receive an opt-out request, keep a record of the individual or company (This way you'll have a report of who not to contact.)
- Use of Unvalidated Purchased Email Lists.
- We do not allow clients to use unvalidated lists or lists of unknown or unsubstantiated provenance - this applies to both B2B & B2C marketing.
- Email databases must have been generated using a recognised COI process. (It should be noted that lists purchased commercially are often of unsubstantiated provenance and it is for this reason that purchased lists are generally disallowed by all legitimate email marketing software service companies internationally including Email Blaster UK).
- C.O.I (Confirmed Opt - In)
- The email address owner must either enter their email address into a sign up box located on the list owner's website - or indicate a 'want to receive your emails' (e.g. by way of ticking a box in an HTML form).
- The email addressee may be sent an email asking them to confirm their addition to the licensee's database (this is to ensure the email addressee has given confirmed consent).
- Emails will include an opt-out facility - Note that any marketing email sent using the Email Blaster UK system will by default have an 'opt out' link - allowing the email address owner to click once and automatically be removed from future mailings. This link is hard coded into every email sent and cannot be removed. It is located at the bottom of each email sent and is displayed in an easily viewable font, colour and size.
- Licensee agreement
- Breach by the licensee of anti-spamming requirements as set out herein.
- Examination of a licensee list indicating a significant level of 'harvested' or invalid addresses.
- Receipt of spam complaints arising from a mail out by the licensee.
- Receipt of complaints from an anti-spamming organisation, an ISP or any similar such organisation arising as a result of use of the software by the licensee.
- Sanctions for misuse of the software
- The licensor may take whatever action is considered necessary up to and including immediate withdrawal of the service and termination of the licensees account without compensation entirely at the discretion of the licensor. Such grounds are summarised in paragraph 9.
- In the event of any such breach by the licensee leading to costs being borne by the licensor, the licensee will be liable to compensate in full the licensor for any such costs that may arise directly or indirectly as a result of such breach.
- All such sanctions will be applied entirely at the reasonable discretion of the licensor.
- Contract terms
Unless otherwise by agreement, the license will be issued on a 30 day rolling contract. The contract is
open-ended and runs until you cancel it. When cancelling the contract, 30 days written notice is required.
- Have you received Spam from a EBUK customer?
The Information Commissioners Office has published the following good practice guidelines:
The internationally recommended best practice COI process to obtain validated email addresses for the purposes of email marketing is summarised as follows;
Licensee will confirm agreement to the terms set out herein, prior to an account being granted by the licensor.
The licensor reserves the right to take appropriate action against the licensee is the event of evidence of a breach of anti-spamming requirements. Such grounds are summarised but not limited to;
The licensor reserves the right to apply sanctions in circumstances where the licensor has grounds for believing that the licensee has been in material breach of these terms. It will be entirely at the reasonable discretion of the licensor in determining if there are legitimate grounds for concluding that the licensee is in material breach of the terms and what, if any, subsequent action will be taken.
In the event that the licensor has reasonable grounds to believe that the licensee has failed to comply with the terms set out here-in,
If you believe that you have received spam or unsolicited emails from an Emailblaster UK customer, please contact us. We take all complaints very seriously, if the client is found to be in breach of our terms we will impose sanctions up to termination of service. Although we take all reasonable measures to prevent the transmission of unsolicited emails, we also rely on recipients of unsolicited emails contacting us so that we may prevent any reoccurrence as well as taking necessary measures to assist our clients in preventing other such unsolicited email transmissions.