Agreements entered into with eMailPlatform Ltd. are binding. The customer acquires a non-transferable, non-exclusive and indefinite right to make use of a system supplied by eMailPlatform Ltd. in accordance to the terms and conditions laid down by eMailPlatform Ltd. Therefore, the agreement governing the use of the system does not give ownership of the system. All rights remain with eMailPlatform Ltd. or its third party suppliers.
The customer is obliged to keep eMailPlatform Ltd. up to date concerning any changes in their business data, so that address information, contact details and billing information are always valid.
We value our class-leading delivery capability very highly, which is why we strongly urge you to read our terms and conditions carefully.
eMailPlatform Ltd. is currently approved as a data processor for the public sector. This means that we are authorised to store personally sensitive data such as personal identification numbers in connection with personally identifiable information.
Pricing is detailed at https://emailplatform.com/en-ca/email-pricing/
All prices are for monthly subscriptions in CAD excluding VAT.
eMailPlatform Ltd. reserves the right not to set up a subscription before it has been paid online or eMailPlatform Ltd. has received the necessary billing information. Test subscriptions will be set up immediately following approval of the entered data.
Free support is included in all subscriptions. Free support, in this case, consists of using phone contact, email and online chat to provide guidance regarding the system at no extra cost.
eMailPlatform contains many advanced functions where it can be difficult to provide support without an in depth knowledge of the individual customer’s data. Our Professional Services Team can step in at this point and help with issues that normal support does not cover. eMailPlatform will decide when a task can no longer be covered by our free support agreement on a case-by-case basis.
We also offer, against payment for time spent, to organise forms, change designs etc. The cost of this is $175 (plus tax) per hour and we always enter into a separate agreement before we begin work that would incur additional costs.
On all accounts there is a discreet notice in the footer of each email stating “Sent from eMailPlatform.” This text can be removed on accounts over 7500 credits by contacting info.ca@eMailPlatform.com.
Support outside of normal opening hours can be purchased for $300 (plus tax) for each hour commenced.
All systems are monitored 24/7, 365 days a year, and any issues will be resolved as quickly as possible without incurring costs for the individual customer.
Invoices are sent in advance via email every quarter and must be paid within eight days of receipt. Public companies and organisations can arrange for longer payment terms. We prefer payment through the NETS system or via credit card. Payment can also be made using the FI codes from each invoice. Subscribers will always be invoiced separately for any consultancy services or other work.
Delay in payment will result in the application of interest charges according to applicable laws.
In instances where eMailPlatform refunds an amount, for example in the event of a duplicate payment, the payment will usually be returned within fourteen working days.
It is important that the customer ensures that the system meets their agreed requirements immediately following the commencement of the service agreement. Should the system that eMailPlatform Ltd. makes available not live up this agreement, the customer must lodge a complaint immediately. This complaint must be in writing and must clearly specify what the issue(s) is/are. If the complaint is not made immediately after the issue has, or should have been found, the customer’s right of redress is forfeit. Please note that eMailPlatform delivers a standardised system.
When a justifiable and timely complaint is received, eMailPlatform Ltd. reserves the right to first remedy the issue. The customer may not make further claims towards eMailPlatform Ltd. and is as such not eligible to claim compensation of any kind. eMailPlatform Ltd. is therefore not liable for any direct or indirect loss as a result of this issue.
Cancellations and other terms
In all cases, termination of a subscription requires a three month’s notice period, starting at the beginning of the next calendar month. All cancellations must be agreed and confirmed in writing by eMailPlatform Ltd..
Each customer will have an entirely individual subscription period with eMailPlatform, in that a subscription period begins on the day into which an agreement is entered. Therefore, if a customer has entered into an agreement with us on the 14th of any given month, the subscription runs until the 13th of the following month and the rest of the cancellation period.
A subscription package is not automatically regulated, decreased or increased. A customer can always upgrade their subscription from one day to the next. Moving to a smaller subscription package requires adherence to the standard 3-month notice period.
eMailPlatform Ltd. reserves the right to adjust its pricing with a period of notice equivalent to a subscription period. Notice will be given on eMailPlatform.com.
eMailPlatform Ltd. will not refund subscriptions paid in advance in the event of a customer wishing to terminate their subscription with immediate effect.
In the case of operational issues or other issues with maintaining operational functions eMailPlatform will not refund any prepaid subscriptions.
If and when one of the partners terminates the agreement, eMailPlatform will inform the customer that all data will be deleted no more than 30 days after the end of the subscription period. No data is usually deleted without the active consent of the customer. The customer can choose to retain their data as a passive subscriber on special terms.
In the event of a customer sending more emails than their subscription allows, this can, in special cases with many connected subscriptions, be possible. eMailPlatform will then adjust the pre-invoiced email volume based on the weighted average of earlier periods. Email volume is adjusted within reasonable periods and backdated invoicing may occur though no more than one quarter.
Use of eMailPlatform Ltd.’s System
eMailPlatform Ltd. provides a system that allows the customer to create and send email and SMS campaigns, the content of which is distributed to contacts whom the customer has legally acquired permission to communicate with. If the customer uses the eMailPlatform Ltd. system for the sending of emails, the customer must have an established list of permission-based opt-in email addresses or build up a list through the use of the eMailPlatform Ltd. system. By sending an email or SMS campaign through the system provided by eMailPlatform Ltd., the customer guarantees that the content of the campaign is true and in accordance with applicable laws. eMailPlatform Ltd. retains the right to cancel and delete an email or SMS campaign which breaks applicable laws. The campaign must both adhere to Danish laws as well as the laws of any other recipient country. eMailPlatform Ltd. shall not be held liable for any direct, indirect or accidental damages as a result of a campaign being deleted.
eMailPlatform Ltd. shall be exempt from any direct or indirect reclamations that may arise in connection with the customer using the system provided by eMailPlatform Ltd..
All emails which are sent out must contain an unsubscribe function. Regarding email opt-out, which is recommended by eMailPlatform Ltd. (in accordance with most email marketing laws) this should not require the user to login with a password in order to not receive further emails. Recipients of emails (sent through the system provided by eMailPlatform Ltd.) will automatically be unsubscribed through a “feedback loop” if the recipient marks an email as junk, spam or other undesired emails if the email has been received by a system that supports feedback looks. Recipients of emails (sent through the system provided by eMailPlatform Ltd.) will automatically be deactivated (unsubscribed) after one hard rejection or a total of three soft rejections. These are also known as hard and soft bounces.
If special circumstances are applicable, e.g. if eMailPlatform is used as an exclusively internal communication tool within a company, the unsubscribe option may be omitted. This requires the company to use its own mailserver, that adheres to specific requirements, and that an individual agreement concerning this has been reached with eMailPlatform Ltd..
By using the system provided by eMailPlatform Ltd. the customer gives eMailPlatform Ltd. the right to copy and/or store user data, content, mailing lists and other information. eMailPlatform Ltd. will not use user data, mailing lists or other user information for any purpose that violates the user’s privacy. All data stored for a customer on the eMailPlatform Ltd. servers are the property of said customer. No other parties, saving the customer themselves and eMailPlatform Ltd., have access to the stored data.
The eMailPlatform Ltd. servers are located in Copenhagen in a multi-award winning TIER-III + data center with ISO 22301 (Business Continuity Management) and ISO 27001 (Information Security Management) accreditation.
- Obligatory requirement for clear identification of the email sender
- The identity of the email sender must be clearly shown in all emails sent by a customer. The following information is obligatory and must be included in all emails:
- The legal name of the entity sending the emails
- The geographical location of the entity sending the emails
- The email address of the entity sending the emails
The above information must be added to the mailing list that is used for the sending of campaigns. Inability to comply with these requirements can result in your subscription being terminated. The following information is recommended but not required:
• The company registration number of the entity sending the emails
• The telephone number of the entity sending the emails
eMailPlatform Ltd. is a certified email marketing service provider. eMailPlatform Ltd. has a no-tolerance policy towards spam. The customer may not use a service provided by eMailPlatform Ltd. for the sending of spam. In the event of eMailPlatform Ltd. discovering that spam has been sent, your account will be closed with immediate effect, and no refund for any remaining subscription period will be given. SPAM is defined as unsolicited mass emails (i.e. emails for marketing or sales purposes) to persons with whom you do not have a professional connection or who have not requested (subscribed to) your mailing list. Data imported into the system, either through the system’s import functionality or through XML APLI (integrations) or other standard integrations are solely the responsibility of the customer.
The customer agrees to adhere to all anti-SPAM, anti-phishing and other applicable laws relating to the customer’s business, state, federal, national or international jurisdictions where there customer resides and conducts their business. It is illegal to send emails to any addresses that have been harvested (e.g. through an automated scanning of a website) and any subscription will be terminated with immediate effect in the event of the eMailPlatform Ltd. system being used to send emails to such addresses.
We also refer to the guidelines from our certifications at the end of this document.
The customer is responsible for the legality of all materials used in connection with the use of eMailPlatform Ltd.’s system. eMailPlatform Ltd. solely permits the use of materials that are not in breach of provisions in Danish and all relevant International laws, with the exception of pornographic, unethical and other controversial material, which may only be used after a prior arrangement with eMailPlatform Ltd..
Any decision as to whether content is so controversial that the subscription will be immediately terminated is solely the responsibility of eMailPlatform Ltd.. In the event of a subscription being immediately terminated eMailPlatform Ltd. is in no way liable to the customer. eMailPlatform Ltd. shall not be liable for any loss occurring as a result of indirect damages and anything resulting therefrom, such as loss of expected revenue, loss of data or its re-establishment, loss of goodwill, loss in connection with payment transfer, technical breakdowns, unauthorised access, wrongful set-up or any similar consequential damages in connection with the use of systems, products, services or information supplied by eMailPlatform Ltd..
In addition, eMailPlatform Ltd. is not liable as a result of loss following from lack of functionality within the system, regardless of whether eMailPlatform has been informed of the possibility of such losses and regardless of whether eMailPlatform Ltd. can be blamed for these losses on the basis on negligence or similar.
eMailPlatform Ltd. is not responsible for losses occurring due to force majeure, including legal regulations, authority measures or similar, power failures, telecommunication failures, fire, smoke damage, explosion, water damage, vandalism, break in, terror or sabotage, strike, lockout, boycott or blockade. This applies even if eMailPlatform Ltd. is a party to the conflict and even if the conflict only affects part of the eMailPlatform Ltd. functionality.
Employees of eMailPlatform Ltd., including sub-contractors and consultants, are bound by confidentiality agreements concerning customer relations and conditions governing customer’s sub-contractors of which eMailPlatform Ltd. employees gain knowledge during the course of their everyday work.
Information considered common, or in any other way publicly available knowledge, is not bound by confidentiality agreements.
The confidentiality agreements are considered permanently binding. As such they do not end when a customer agreement expires.
eMailPlatform Ltd. is, without limitations, permitted to publicise their customers as references in the marketing of eMailPlatform Ltd.. This will typically happen through the use of the customer’s logo on eMailPlatform.dk (and other eMailPlatform and MailProgram websites and other online materials), and a possible case history. In the event of a quote from a customer being used, this will naturally require prior approval of the customer concerned.
Should you not wish to be used as a reference, this must be communicated in writing to eMailPlatform Ltd.. We will of course respect your wishes.
eMailPlatform Ltd. strives to ensure that all systems are accessible 24 hours a day, 365 days a year. eMailPlatform Ltd. is entitled to interrupt service when required by maintenance or other technical issues. As much as possible, ample notice will be given for any such disruption. Scheduled campaigns that coincide with such interruptions will be sent out immediately afterwards if they have not already been rescheduled by the customer.
Our data centre is on globally available servers in Copenhagen at the award-winning data partner interxion. Due to the many international fibre optics in Copenhagen, 80% of Europe’s GDP can be reached within just 30 milliseconds.
The main facilities at this location include:
- Colocation in cabinets, cages and private rooms
- Quickly installed Cross Connects
- Private access to Azure and AWS
- 100% renewable energy
- 24/7 dedicated support
The data centre is monitored 24-7 by CCTV and security personnel. There are myriad security measures governing entry, including traps, contactless key cards and biometric readers.
interxion has unlimited administrative access to servers from eMailPlatform Ltd..
To learn more about TIERs and data centres please refer to this entry on Wikipedia, (eMailPlatform Ltd. merely provides the link here for informational purposes, and is not responsible for any information contained therein). http://en.wikipedia.org/wiki/Data_center.
Any dispute arising as a result of this agreement will be settled according to Danish law with the Kolding Byret (Kolding District Court) as first arbitrator.
Anti-spam policies and Certification terms
eMailPlatform is certified by SuretyMail and the Certified Sender Alliance. Use of our system implies consent with the following European and International regulations.
- Emails are only sent to recipients who have given their consent to receive these emails in accordance with § 7, section 2, number 3 UWG (law governing unfair competition) – (opt-in) or who have a professional relationship with the advertiser and the conditions stipulated in Article 13 § 2 of the European Parliament and Council directive 2002/58/EU concerning data protection within electronic communication have been met. In other words, the recipient must have given their consent to receive newsletters.
- The consent to receive advertisements via email must be given separately. The recipient must either click/check a box or in some other way give a relatively clear declaration concerning their consent to receive advertisements via email. This declaration cannot be a part of other declarations (e.g. accepting terms and conditions). All web forms within eMailPlatform Ltd. adhere to these requirements.
- Recipients must actively give their consent through a conscious act. Pre-selected/pre-marked fields must not be used. E.g. if you have a purchase flow you MAY NOT have pre-selected ”Subscribe to newsletter.”
- The contracting entity responsible for the sending of an advert must be clearly identifiable. Every sent email must contain an easily noticeable “About Us” either in the text or through a direct link. The “About Us” section must contain the following information (we will help setting this up for you free of charge).
- Name and address of the sender, legal entities also require the legal name of the entity, its representation and Commercial Registry, Association Registry, Partnership Registry or any Ltd. Registry they are registered with, as well as a registration number
- Contact information, at least one valid phone number or an electronic contact form, email address and:
- In the event of a company being registered for V.A.T. in according with § 27a of Value Added Tax Act or a company’s identification number in accordance with § 139C of the tax laws, this V.A.T. identification number must be given. In addition disclosure agreements, e.g. in accordance with § 5, section 1, of the Telemedia Act (Telemediengesetz-TMG) must remain untouched.’
- Every email must contain the option to rescind permission for the sending of further emails. Unsubscription must be possible for the recipient without entering additional data (e.g. login/password). Unsubscriptions must be dealt with immediately (automatically and immediately dealt with by eMailPlatform).
- Neither the sender nor the commercial properties of the message may be covered or hidden in the header or designated subject of the email. This is deemed to have occurred when the header and subject are put together in such a way that the recipient cannot gain full, or only gain partial and/or misleading knowledge concerning the content of the email, before the email is opened and read.
- Should you use email addresses from a third party, the sender (or his customer) is required to ensure that only recipients who have given their express consent according to these criteria will receive the emails. The recipient must also have accepted both the conditions sent by the third party and the sender.
- Collection of address data for a third party (e.g. through sponsored cooperation) should be clearly visible to the user. In addition, data collected in this fashion may only be used for a send out if:
- The companies where the address data is generated were named individually and clearly categorised by the industry and:
- The list of companies should be clear and easy for the user to view and:
- The amount of entities or people for whom data was collected are reduced in such a way that excludes the user data being given to an unreasonably large circle of third parties and make it possible for the user to easily understand the consequences and extent of his consent, in order to easily control the legal handling of his data.
Updated on 30 November 2016