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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.


JC Peters Ltd is registered in England and registered with the Information Commissioners Office (ICO registration number: ZA090776) and undertakes all its operations through Email Blaster UK under the laws and statutes of English and Welsh law. In particular, Email Blaster UK is fully compliant with the Data Protection Act 1998 in all regards and pertaining to the holding and processing of data held for and on behalf of its customers.

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.


  1. 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 by the issuing of a license to use the software (the License) and the permissions and protocols thereof.

  2. The licensee agrees and undertakes;

    1. 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.

    2. 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.

    3. Any breach of these terms of service 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 or refund.

    4. 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. The licensor reserves the right to refuse the use of any list that, in it's opinion and solely at it's discretion do not fall within the following definitions:

      1. A self-generated list - 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.
      2. Trusted provenance list - one which, whilst not directly generated by the licensee, has confirmed compliance with COI requirements. Lists of trusted provenance are excluded from use to consumer email addresses (B2C), lists sourced in this way can only be used for B2B marketing.

    5. All emails transmitted will not have content that is illegal, in breach of a third party’s rights or likely to cause offense 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 third party copyright or trademark rights.

    6. 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.

    7. This means that;

      1. 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.
      2. The licensee will be liable for any damages resulting from such action on behalf of the licensee and the licensor.

  3. The licensor agrees and undertakes;

    1. To provide the services of the software for the transmission of emails to email lists uploaded by the licensee.

    2. That all email lists uploaded by the licensee remain the property of the licensee.

    3. Not to copy, modify, delete (unless as specified in paragraph 11, cancellation) 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.

    4. That all data belonging to the licensee and issued to the licensor for the purposes of use of the Software, including but not limited to; address lists, email lists, graphic and software composites, customer details of any sort, is, unless at the request of and written authority of the licensee, stored and processed within England in a secure environment and in a manner fully compliant with the Data Protection Act 1998. ( For further clarification, data storage is at our Tier 4 data centre in England (Secure compound, includes 24 hour security, access to data centre by nominated personnel only, reinforced steel intrusion prevention, onsite CCTV, ISO 27001 certified.)
    5. To hold in confidence all details supplied by the licensee and in particular all information relating to email lists and/or content.




  4. Summary of primary compliance required by the licensee for the use of the software:

    1. Any broadcast dispatched using Email Blaster software will prominently display the option for the recipient to opt-out from any further broadcasts.

    2. 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.

    3. 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.


  5. Email addresses collected by the licensee.

  6. The Information Commissioners Office has published the following good practice guidelines:

    1. Provide a statement of use whilst you gather details.

    2. Explain what individuals' details will be used for.

    3. Do not use consent boxes which are already ticked.

    4. Provide a simple and fast manner for clients to opt out of promoting messages without charge.

    5. Promptly agree to opt-out requests from everyone, not simply those from individuals.

    6. Have a plan in place to care for unwanted marketing complaints.

    7. 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.)


  7. Use of un-validated purchased email lists.

    1. We do not allow clients to use un-validated lists or lists of unknown or unsubstantiated provenance - this applies to both B2B & B2C marketing.

    2. 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 such un-validated purchased lists are generally disallowed by all properly regulated email marketing software service companies internationally including Email Blaster UK).


  8. C.O.I (Confirmed Opt - In)

  9. The internationally recommended best practice COI process to obtain and validate email addresses for the purposes of email marketing is summarised as follows;

    1. 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).

    2. 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).

    3. 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 in to 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.


  10. Licensee agreement

  11. Licensee will confirm agreement to the terms set out herein, prior to permission being granted by the licensor to send out email marketing and continued use of the software.


  12. Breach by the licensee of anti-spamming requirements as set out herein.

  13. Solely at it's discretion, the licensor reserves the right to take appropriate action against the licensee in the event of evidence of a breach of anti-spamming requirements. Such grounds are summarised but not limited to;

    1. Examination of a licensee list indicating a significant level of 'harvested' or invalid addresses.

    2. Receipt of spam complaints arising from a mail out by the licensee.

    3. 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.


  14. Sanctions for misuse of the software


  15. 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:

    1. 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.

    2. 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.

    3. All such sanctions will be applied entirely at the reasonable discretion of the licensor.


  16. Contract termination.

  17. The License to operate the Software may be cancelled by either Party without reason and on the terms set out in this clause 11.

    1. Monthly accounts (does not apply to: free, pay as you go accounts).

      Unless otherwise by agreement, the license will be issued on a 30 day rolling contract. The license may be cancelled by either party by the giving of 30 days written notice to the other party. The 30 day notice period shall commence;

      -in the case of cancellation by the Licensee, when a written confirmation of receipt of notice is issued by the Licensor to the Licensee (such confirmation to be issued within a reasonable time and typically within 24 hours of receipt of such notice).

      - in the case of cancellation by the Licensor, when written notice is issued by the Licensor to the Licensee.

    2. The Licensor may, entirely at its discretion, charge the Licensee for any reasonable costs incurred following such cancellation as set out in this clause 11, including but not limited to; administration costs, unrecovered costs for work carried out by the Licensor for the Licensee, data processing and storage costs. Such costs will be deducted from any repayment of amounts paid by the Licensee for unused software usage charges.


    3. Free, pay-as-you-go accounts.

      Any Free or pay-as-you-go account without an active monthly subscription that has remained dormant (that is, has not been used to transmit emails) for a period of three months or more can be deleted by the licensor without any notice, any unused credits, apps, add-ons or similar will be forfeited and cannot be redeemed at a later date.

    4. Either Party may, in accordance with this clause 11, cancel the license without any reason being given and entirely at it's own discretion.


  18. Treatment of Licensee data including email lists upon termination of the License.

  19. The Licensor has no obligation to store or hold historical data, campaigns or statistics for deleted or lapsed accounts . In accordance with protocols and governing law in respect to the retention of confidential information, for the avoidance of doubt such as - licensee’s email lists, templates, texts and any such similar data in whatsoever form; upon the termination of the License after the notice period specified in clause 11 has elapsed, the Licensor will irrevocably delete and eradicate all information, data and lists created by or belonging to the Licensee held or stored on equipment belonging to or used by the Licensor.

  20. Jurisdiction.

  21. JC Peters Limited is a UK company registered in England and all contract terms here-in are within the jurisdiction of English law only.

  22. Have you received Spam from a EBUK customer?

  23. 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.
Give us a call
01327
438077
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Where? Unit 10A
Burcote Wood Business Park
Towcester
Northants
NN12 8TA
Email Blaster is a trading name of JC Peters Ltd registered in England & Wales no. 07168254
UK based servers.