Introduction

MailChatter.com (the ‘Website’) is operated by Campsite Chatter Ltd (‘MailChatter’ or ‘we’, ‘us’ or ‘our’), a company with registered number 08245344 registered at The Custom House, The Strand, Barnstaple, Devon United Kingdom, EX31 1EU. These terms and conditions (Terms) shall apply where any email which is sent through the Website. Any reference to an “Email” or “Emails” in this document is any email sent through the Website (including but not limited to a newsletter, e-shot or simple email requiring tracking). By accessing or using this Website and our software and when sending emails through MailChatter, you agree to be bound by these Terms.

Read this license agreement carefully and ensure that you both understand and agree to its terms before submitting the order form to us.

The Website offers a platform from which businesses and organisations can design, send and monitor the impact of their Emails to customers. The Website acts as a platform for these communications. We are not responsible for the content of these Emails.

1. License

   1.1 This license agreement lays out the terms of your access to and use of the software and digital marketing tools provided by the Website.

   1.2 Through this license we grant you use of the Website according to the terms and conditions of this license agreement; MailChatter reserves the right to retract the license agreement and to suspend your account should the terms and conditions not be met by you at any time during your use of MailChatter.

   1.3 You agree not to change or copy MailChatter software, in its entirety or any specific part of the software, either yourself or through a third party. This includes the altering of logos, the adding or editing of trademarks and trade names within MailChatter's software and any documentation you receive from MailChatter.

   1.4 You agree not to loan out, rent, or sub-license MailChatter's software or services to any other company or individuals without the consent of MailChatter; any consent would need to be granted in writing by MailChatter.

   1.5 You will agree to any further restrictions and updates of terms of use added by MailChatter, which will be communicated to you through updates and on our website.

   1.6 You accept that your use of our software and website may be disturbed by the necessity of software upgrades, or website updating or for general maintenance of MailChatter. Wherever possible to predict, we will notify you of intended server downtime in writing via email.

   1.7 You accept full responsibility and liability for the communications, omissions and preclusions of any persons given access to the MailChatter software and services through the use of your username as though these omissions, communications and preclusions are your own. You ensure that you supervise and monitor your use of MailChatter and the users of MailChatter in your business or organisation, in accordance with the license terms and agree that you will be liable to MailChatter for any direct losses MailChatter incurs as a result of a breach of the contract or license conditions.

   1.8 MailChatter does not warrant that the Website will be virus or bug-free.

   1.9 MailChatter is not aligned with and does not endorse the views of products of the companies or organisations that use the MailChatter platform to email their customers and cannot be held responsible for the content of any emails or communications sent through MailChatter.

2. Conditions of use and restrictions of use of MailChatter software and services

   2.1 Except where otherwise specified, MailChatter acts only as a web-based agent in respect to all the communication sent through our platform.

   2.2 Emails sent by customers of MailChatter will be sent from those customers specifically and any communications between the recipients of those emails and the sender of the emails are the responsibility of the sender.

   2.3 You may not loan, lease, sub-let or license MailChatter software or documentation without prior written consent from MailChatter.

   2.4 MailChatter is the email sender's platform and, as such, it is not a party to the communications between you and your email recipients and has no responsibility or liability to you in respect of the communications sent and received. In particular, MailChatter is not responsible for:

   2.4.1 the content of a communication sent;

   2.4.2 any promotions offered or promised in an email communication; specifically, you may not use our software to send commercial offers or promotions by email that haven't been agreed with the supplier of that offer or promotion;

   2.4.3 the accuracy of any information contained in an email received from a sender using the MailChatter platform;

   2.4.4 the fact that a communication has been sent to a particular email address;

   2.4.5 the failure of the email sender to respond to communications with their customers;

   2.4.6 offence taken from the content of an email;

   2.4.7 the unauthorised use of email address by the sender of that email.

   2.5 You must not:

   2.5.1 use MailChatter software to send, use or share any illegal, abusive, defamatory, threatening material or images; or that breaches the copyright, privacy or confidence of any other company, organisation, individual or concern; or which contains any software viruses;

   2.5.2 use MailChatter to spam (defined here: http://spamhaus.org/definition.html)

   2.5.3 use MailChatter for fraudulent ends or in connection with unlawful activities or criminal offences;

   2.5.4 use MailChatter to send communications to email addresses whose recipients have not 'opted in' or given permission for their email address to be used in your campaign.

   2.6 You recognise MailChatter's right to refuse access to MailChatter services and software should the terms of clause 2 be breached. Because we are only interested in distributing quality email communications to opted-in recipients, MailChatter reserves the right to screen the content of emails sent through the MailChatter platform and to monitor your account for spam activity, for the percentage of hard bounces and soft bounces. Initially a send quota of 250 emails per hour can be sent from a newly set-up account until a good reputation has been established for that account. This send-quota will rise, at the discretion of MailChatter to a rate of 75,000 emails per hour. Larger send quotas can be requested from MailChatter by contacting our support team. However, MailChatter reserves the right to pause/suspend an account and to halt a campaign at any time, even during a sending, if spam reports exceed 10% and if hard/soft bounces exceed 20%. If your account is suspended due to spam then we will require evidence that you have obtained consent from the recipient email addresses and that the email addresses are opted-in. If such evidence cannot be provided to our satisfaction then we reserve the right to terminate your account with no liability to us. Spam is defined on the Spamhaus website: http://spamhaus.org/definition.html

   2.7 We reserve the right to suspend or/and terminate your account immediately and without prior notification if you are in breach of clause 2.

3. Use of the Website - copyright

   3.1 You may view the content on the Website for personal non-commercial use. You may print and download information from this Website for your own personal use or for use in your company or organisation in enabling you to send good quality, successful email campaigns.

   3.2 You confirm that you are of sufficient age to lawfully use this Website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using your log-in information.

   3.3 In using the Website and software you acknowledge that MailChatter is not responsible for interactions between yourself and your email recipients. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website.

   3.4 You also agree not to compromise the security of the Website or attempt to gain access to secured areas of sensitive information.

4. Pricing, payments and charges

   4.1 MailChatter reserves the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.

   4.2 When you buy a pre-paid credit bundle, the credit you have in your account will be spent at the rate of our current price-per-email rather than the price-per-email advertised at the point of buying the pre-paid bundle.

   4.3 Pre-paid credit bundles are non-refundable.

   4.4 You shall pay us the fee for the supply of the Software and related Support and any additional Consultancy Services fees agreed between ourselves (“Charges”) and as set out on our website.

   4.5 Payment for services are paid upfront by using a debit/credit card. We store your card details (using SagePay, as we do not store any credit/debit card information on our severs) to enable easy purchase of further packages.

   4.6 If a stored card is declined and we are unable to take payment we reserve the right to restrict/stop access to your account until any monies owed to MailChatter are paid. This can be done by logging into the Website and adding a new card to your account.

   4.7 Invoices are available on request from MailChatter.

5. Liability and Disclaimers

   5.1 Neither MailChatter nor any of its directors, employees, affiliates or other representatives will be liable to you (or any member of your group, your affiliates or any other person or party who has an interest in the Emails being sent through MailChatter or data provided by MailChatter) for:

   5.1.1 any problem with the computer on which the MailChatter software is installed and from which its services are run;

   5.1.2 problems arising from any changes made to our software or services, except those made specifically by us;

   5.1.3 any incorrect or abnormal operating conditions;

   5.1.4 any breach by you of the license terms stipulated in this document and in particular point 2.

   5.1.5 use of MailChatter which puts you in violation of any UK or EU law or regulation;

   5.1.6 inaccuracy of report data on Email campaigns provided by MailChatter

   5.2 You confirm to us that you have the full authority to enter into this agreement with us and you will comply with any obligations in this agreement.

   5.3 Our total aggregate liability under this Agreement shall be limited to an amount equal to one hundred percent of the total Charges paid by You to Us under this Licence Agreement in the twelve (12) month period preceding the event, or situation giving rise to the claim.

   5.4 Nothing in these Terms shall operate so as to exclude or limit the liability of either party to the other for death or personal injury caused by negligence, for fraud or any other liability that cannot be excluded or limited by law.

   5.5 Each provision of these Terms excluding or limiting liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

6. Intellectual Property rights and Links to other websites

   6.1 All content included on the Website, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, page layout, underlying code and software is the property of MailChatter or our affiliates. You acknowledge that such material is protected by applicable laws and you agree not to use or copy any part thereof without our express permission. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the website content.

   6.2 This Site may contain hyperlinks to websites operated by parties other than MailChatter. Such hyperlinks are provided for your reference only. MailChatter does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

   6.3 This Site is made available for personal or business use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.

7. Indemnity

   7.1 You agree to indemnify and hold MailChatter, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, or other members of your group, in contravention of these Terms.

8. Termination of Account

   8.1 At point of termination for whatever reason your access to the Website will be automatically terminated.

   8.2 At point of termination all your data will be deleted from our systems and we will not be liable to refund any unused Balance.

9. Data Protection

   9.1 We warrant that we will not disclose, without your prior written consent any personal data to an individual, business or organisation unless required by law.

   9.2 We will assume no responsibility for backing-up or storing your data. You will remain entirely responsible for making your own back-ups.

   9.3 You will keep your account login details (password) for the Website secret and confidential. You shall notify us immediately if you believe it is no longer secret. You are responsible for the activities carried out on the Website in your account. You will not authorise any person to access the Website for any unauthorised purpose such as a breach of this contract could be carried out.

10. General

    10.1 MailChatter reserves the right to vary these Terms from time to time without notifying you. By continuing to use and access the Website you agree to be bound by any variation made. It is your responsibility to check these Terms from time to time to verify such variations.

    10.2 Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.

    10.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and MailChatter as a result of these Terms or your use of the Website.

    10.4 If any clause, or part of a clause, of these Terms are found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the clause or paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law.

    10.5 The Agreement constitutes the entire agreement between the parties in relation to its subject matter, and replaces and extinguishes all prior agreements, draft agreements, arrangements and undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

    10.6 All provision of these Terms which by their nature would continue beyond the termination of this Agreement for any reason shall survive termination.

    10.7 MailChatter shall not give any warranty for or on behalf of the Site Owner or pledge the credit of the Site Owner. Campsite Chatter is an independent contractor and nothing in this Agreement shall constitute the creation, establishment or relationship or partnership, joint venture, employer or employee between the parties.

    10.8 This Agreement is personal to the parties and neither shall be permitted to assign, delegate, sub-contract, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written consent of the other party.

    10.9 MailChatter reserves the right to review any campaign and stop it being sent if it deems it inappropriate in anyway.

11. Law & Jurisdiction

    11.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

    11.2 These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    11.3 This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if you choose to access our Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.

12. YOUR CONCERNS

    If you have any concerns about material which appears on the Website, please contact [email protected].