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Mail-Shot Packages
Base-Level
MAIL-SHOT PERSONAL
Email marketing for the Small Business/Individual:
using our web-based interface send up to 500 emails per month. Send HTML email newsletters and track
campaign statistics. Create unlimited Express Consent Mailing Lists.
Entry-Level
MAIL-SHOT STANDARD
Email marketing for the Small/Medium Business:
using our web-based interface send up to 3,000 emails per month. Create unlimited Campaigns and
unlimited recipients. Permission-based marketing allows Mail List members to opt-in and opt-out.
Enterprise-Level
MAIL-SHOT PROFESSIONAL
Permission-based marketing for Marketing Professionals:
web-based email distribution and tracking. Send up to 10,000 emails per month. Full on-line campaign
statistics. Run Campaigns on behalf of your clients - clients can view Campaign Statistics.
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Mail-Shot Email Marketing
Terms & Conditions
1 DEFINITIONS
1.1 The following definitions will apply:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Mail-Shot website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights,
applications for any of the foregoing, copyright, topography rights,
database rights, rights in know-how, trade or business names and
other similar rights or obligations, whether registrable or not in any
country;
1.1.3 "IP address" stands for internet protocol address which is the numeric
address for the server;
1.1.4 "ISP" stands for internet service provider;
1.1.5 "server" means the computer server equipment operated by NetDominus
in connection with the provision of the Services;
1.1.6 "the Services" means web hosting, email and any other services or
facilities provided byNetDominus as outlined in Schedule 1;
1.1.7 "spam" means sending unsolicited bulk emails;
1.1.8 "virus" means a computer programme that copies itself or is copied to
other storage media, including without limitation magnetic tape
cassettes, memory chips, electronic cartridges, optical discs and
magnetic discs, and destroys, alters or corrupts data, causes damage
to the user's files or creates a nuisance or annoyance to the user and
includes without limitation computer programs commonly referred to
as "worms" or "trojan horses";
1.1.9 "visitor" means a third party who has accessed the Mail-Shot website;
1.1.10 "the Mail-Shot website" means http://www.mail-shot.info.
1.2 The Schedules form part of the operative provisions of these Terms and Conditions and
references to these Terms and Conditions shall, unless the context otherwise requires,
include references to the Schedules.
1.3 Words denoting the singular shall include the plural and vice versa and words
denoting any gender shall include all genders.
1.4 The headings of the paragraphs of these Terms and Conditions are inserted for
convenience of reference only and are not intended to be part of or to affect
the meaning or interpretation of these Terms and Conditions.
2 DUTIES
2.1 NetDominus shall provide to the Customer the Services specified in Schedule
1 to these Terms and Conditions.
3 CHARGES AND PAYMENT
3.1 The Mail-Shot Account holder shall pay the Charges for the Services in accordance with the
Terms of Payment as specified in Schedule 2 to these Terms and Conditions.
3.2 NetDominus shall be entitled to charge interest in respect of late payment of
any sum due under this Agreement, which shall accrue from the date when
payment becomes due from day to day until the date of payment at a rate of
2.00% per annum above the base rate of the Royal Bank of Scotland from time to time in
force.
4 APPLICATION LICENCE AND RIGHTS
4.1 NetDominus grants to
the Customer and its employees, agents and third party consultants and
contractors, a world-wide, non-transferable, non-exclusive licence
to use the Mail-Shot Application in accordance with these Terms and Conditions.
For the avoidance of doubt, these Terms and Conditions do not
transfer or grant to the Customer any right, title, interest or intellectual
property rights in the Mail-Shot Application.
4.2 These Terms and Conditions do not transfer or grant to NetDominus any right, title,
interest or intellectual property rights in the Customer's Content uploaded to and stored on the Mail-Shot website.
4.3 The Customer undertakes that he will not himself or through any third party,
sell, lease, license or sublicense access to the Mail-Shot Application.
4.4 NetDominus may make such copies of the Customer Content as may be
necessary to perform its obligations under these Terms and Conditions, including back-up
copies of the Content. Upon termination or expiration of the Mail-Shot Account, NetDominus
shall destroy or deliver to the Customer all such copies of the
Content and other materials provided by the Customer as and when
requested by the Customer. A charge of £25.00 per hour may be made for the delivery of such material.
5 SERVICE LEVELS
5.1 NetDominus shall use its reasonable endeavours to make the server and the
Services available to the Customer 99.50% of the time but because the
Services are provided by means of computer and telecommunications
systems, NetDominus makes no warranties or representations that the
Service will be uninterrupted or error-free and NetDominus shall not, in any
event, be liable for interruptions of Service or downtime of the server.
6 ACCEPTABLE USE POLICY
6.1 The Mail-Shot Application and use of the Services may be used for lawful purposes only
and the Customer may not submit, publish or display any content that
breaches any law, statute or regulation. In particular the Customer agrees not
to:
6.1.1 use the Services or the Mail-Shot Application in any way to send unsolicited
commercial email or "spam", or any similar abuse of the Services;
6.1.2 send email or any type of electronic message with the intention or
result of affecting the performance of any computer facilities;
6.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent
or other unlawful material or information, or any material or information
which infringes any intellectual property rights, via the Services or on
the Mail-Shot website;
6.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights
of privacy and publicity) of others;
6.1.5 engage in illegal or unlawful activities through the Services or via the
Mail-Shot website;
6.1.6 make available or upload files to the Mail-Shot website or to the Services that the
Customer knows contain a virus, worm, trojan or corrupt data; or
6.1.7 obtain or attempt to obtain access, through whatever means, to areas
of NetDominus' network or the Services which are identified as
restricted or confidential.
6.1.8 place unprecedented load on the server to the detriment of other Mail-Shot Account holders,
whether by means of mail volume of uploading of Content.
6.1.9 upload 'purchased' mailing-lists of recipients who have not expressly opted-in to receive
email communications
6.2 The Customer has full responsibility for the content of their communications. For the
avoidance of doubt, NetDominus is not obliged to monitor, and will have no
liability for, the content of any communications transmitted by virtue of the
Services.
6.3 If the Customer fails to comply with the Acceptable Use Policy outlined in
Clause 6.1 the Supplier shall be entitled to withdraw the Services and
terminate the Customer's account.
7 WARRANTIES
7.1 The Customer warrants and represents to NetDominus that NetDominus' use
of the Customer's Content in accordance with these Terms and Conditions
will not infringe the intellectual property rights of any third party and that the
Customer has the authority to license the Content to NetDominus as set out in Clause 4.2.
7.2 All conditions, terms, representations and warranties that are not expressly
stated in these Terms and Conditions, whether oral or in writing or whether imposed by
statute or operation of law or otherwise, including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular purpose are
hereby excluded. In particular and without prejudice to that generality, NetDominus shall not be liable to the Customer as a result of any viruses
introduced or passed on to the Customer.
8 INDEMNITY
The Customer agrees to indemnify and hold NetDominus and its employees
and agents harmless from and against all liabilities, legal fees, damages,
losses, costs and other expenses in relation to any claims or actions brought
against NetDominus arising out of any breach by the Customer of the terms of
this Agreement or other liabilities arising out of or relating to the Website.
9 LIMITATION OF LIABILITY
9.1 The entire liability of NetDominus to the Customer in respect of any claim
whatsoever or breach of these Terms and Conditions, whether or not arising out of
negligence, shall be limited to the charges paid for the Services
in respect of which the breach has arisen.
9.2 In no event shall NetDominus be liable to the Customer for any loss of
business, loss of opportunity or loss of profits or for any other indirect or
consequential loss or damage whatsoever. This shall apply even where such
a loss was reasonably foreseeable or NetDominus had been made aware of
the possibility of the Customer incurring such a loss.
10 TERM AND TERMINATION
10.1 The Customer's Mail-Shot Account will become effective on receipt of cleared funds in respect of the
initial invoice and continue for a period of not less than 1 month and thereafter shall continue until
terminated by either party by giving notice in writing of its intention to terminate the Mail-Shot Account.
10.2 NetDominus shall have the right to terminate the Customer's Mail-Shot Account with immediate
effect without notice to the Customer if the Customer fails to make any
payment when it becomes due.
10.3 The default Invoice Period shall be one calendar month. Invoices will be issued approximately two
weeks prior to the 1st of the month and are payable on or before the due date, for the month in advance.
10.4 The Customer may elect to opt for a six calendar month Invoice Period, in which
case a discount of 10% will be offered.
10.5 The Customer may elect to opt for a 12 calendar month Invoice Period, in which
case a discount of 20% will be offered.
10.6 No refund will be offered for any unexpired portion of the current Invoice Period.
10.7 The Customer may elect to change the term of the Invoice Period by giving notice in writing to that effect
at least two weeks before the end of the current Invoice Period.
10.8 Either party may terminate the Mail-Shot Account forthwith by notice in writing to the
other if:
10.8.1 the other party commits a material breach of these Terms and Conditions and, in the
case of a breach capable of being remedied, fails to remedy it within a
reasonable time of being given written notice from the other party so to do
; or
10.8.2 the other party commits a material breach of these Terms and Conditions which
cannot be remedied under any circumstances; or
10.8.3 the other party passes a resolution for winding up (other than for the
purpose of solvent amalgamation or reconstruction), or a court of
competent jurisdiction makes an order to that effect; or
10.8.4 the other party ceases to carry on its business or substantially the
whole of its business; or
10.8.5 the other party is declared insolvent, or convenes a meeting of or
makes or proposes to make any arrangement or composition with its
creditors; or a liquidator, receiver, administrative receiver, manager,
trustee or similar officer is appointed over any of its assets.
10.9 Any rights to terminate the Mail-Shot Account shall be without prejudice to any other
accrued rights and liabilities of the parties arising in any way out of the Mail-Shot Account as at the date of termination.
11 ASSIGNMENT
11.1 NetDominus may assign or otherwise transfer the Mail-Shot Acount at any time.
11.2 The Customer may not assign or otherwise transfer the Mail-Shot Account or any
part of it without NetDominus' prior written consent.
12 FORCE MAJEURE
12.1 Neither party shall be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock-outs,
accidents, war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or administration or
other competent authority, the act or omission of any Internet Service
Provider, or the delay or failure in manufacture, production, or supply by third
parties of equipment or services, and the party shall be entitled to a
reasonable extension of its obligations after notifying the other party of the
nature and extent of such events.
13 SEVERANCE
13.1 If any provision of the Mail-Shot Account is held invalid, illegal or unenforceable for
any reason by any Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue in full force
and effect as if the Mail-Shot Account had been agreed with the invalid illegal or
unenforceable provision eliminated.
14 NOTICES
14.1 Any notice to be given by either party to the other may be sent by either email,
fax or recorded delivery to the address of the other party as appearing in the Mail-Shot
Account or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall unless the
contrary is proved be deemed to be received on the day it was sent or if sent
by fax shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served 2 days
following the date of posting.
15 ENTIRE AGREEMENT
15.1 These Terms and Conditions contain the entire agreement between the parties relating to
the subject matter and supersedes any previous agreements, arrangements,
undertakings or proposals, oral or written. Unless expressly provided
elsewhere in these Terms and Conditions, these Terms and Conditions may be varied only by a
document signed by both parties.
16 GOVERNING LAW AND JURISDICTION
16.1 These Terms and Conditions shall be governed by and construed in accordance with the
law of Scotland and the parties hereby submit to the exclusive jurisdiction of
the Scottish courts.
SCHEDULE 1
THE SERVICES
The Supplier shall provide the following services and facilities to the Customer:
Standard Package
Send up to 3,000 emails per month. (No carry-forward.)
Email facility
Admin email account with webmail access.
Security
Password control to access mail-shot account control panel
Mailing Lists
Unlimited mailing lists can be created
Email Campaigns
Unlimited email campaigns can be created
Email Format
Create text, html, template and content-managed emails
Email Personalization
Unlimited custom fields can be created and inserted into email communications
File Attachments
Files up to 2Mb can be attached to email communications
Image Uploads
Images can be uploaded to the Mail-Shot server and inserted into email communications. Uploaded images can be stored and re-used.
Campaign Statistics
Track Campaign Statistics on-line
Professional Package
Send up to 10,000 emails per month. (No carry-forward.)
Email facility
Admin email account with webmail access.
Security
Password control to access mail-shot account control panel
Mailing Lists
Unlimited mailing lists can be created
Email Campaigns
Unlimited email campaigns can be created
Email Format
Create text, html, template and content-managed emails
Email Personalization
Unlimited custom fields can be created and inserted into email communications
File Attachments
Files up to 2Mb can be attached to email communications
Image Uploads
Images can be uploaded to the Mail-Shot server and inserted into email communications. Uploaded images can be stored and re-used.
Campaign Statistics
Track Campaign Statistics on-line
SCHEDULE 2
CHARGES AND TERMS OF PAYMENT
Monthly Fee - Standard Package
£30.00
Monthly Fee - Professional Package
£50.00
Terms of payment
Monthly in advance |
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