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Terms of Use

eMailPlatform is a Digital Marketing Automation and Dialogue Platform. eMailPlatform Canada Inc. sells subscriptions and is solely directed towards Commercial use for private and public companies, organizations, Non-Profits and Trusts.

Agreements entered into with eMailPlatform Canada Inc. are binding. The customer acquires a non-transferable, non-exclusive right to make use of a system supplied by eMailPlatform Canada Inc. in accordance to the terms and conditions laid down by eMailPlatform Canada Inc. Therefore, the agreement governing the use of the system does not give any ownership of the system. All rights remain with eMailPlatform Canada Inc. or its third-party suppliers.

The customer is obliged to keep eMailPlatform Canada Inc. up to date concerning any changes in their business data, so our records that contains your address information, contact details and billing information are kept up to date.

By entering into this agreement, the customer accepts eMailPlatform Canada Inc.’s Terms of use, eMailPlatform Online Subscription Agreement, General Data Processing Agreement, anti-spam policies and terms of certification where applicable.

eMailPlatform Canada Inc. retains the right to make changes to the terms of use and subscription conditions without prior notification. eMailPlatform will make sure all conditions and agreements are available on our website.

We value our class-leading delivery capability very highly, which is why we strongly urge you to read our terms and conditions carefully.

eMailPlatform Canada Inc. is compliant with and approved as a data processor. This means that we are authorised to store personally sensitive data such as personal identification numbers in connection with personally identifiable information.

Subscription Terms

eMailPlatform Online Subscription Agreement is located here: https://emailplatform.com/en-us/eosa

Subscriptions

eMailPlatform Online Subscription Agreement is located here: https://emailplatform.com/en-us/eosa

Free support is included in all subscriptions. Free support, in this case, includes use of our help-desk through phone contact, email as well as online chat to provide guidance regarding the system at no extra cost. Free support is limited in scope to cover daily use of the subscribed eMailPlatform functionality and limited to use for one named user at the customer.

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 is no longer be covered by our free support agreement on a case-by-case basis, and we will let the customer know when the free support has been depleted.

We also offer, against payment for time spent, to organize forms, change designs, etc. The cost of this is according to our price list and we always enter into a separate work order before we begin work that would incur additional costs.

On all outbound emails there will be a discreet notice in the footer of each email stating “Sent from eMailPlatform.” This text can be removed for subscriptions exceeding 22,500 contacts by contacting info.us@emailplatform.com.

Support outside of normal opening hours can be purchased according to our price list.

All systems are monitored 24/7/365, and any issues will be resolved as quickly as possible without incurring additional costs to our customers.

Payment

Invoices are sent in advance via email every month and must be paid through direct debit or Credit Card Payments as set up at subscription start. A grace period of eight days can be added in case of issues with Credit Card or Direct Deposit. Subscribers will always be invoiced separately for any consultancy services or other work.
Delay in payment will result in suspension of your account with us.

Complaints

It is important that the customer ensures that the system meets their agreed requirements immediately following the commencement of the service agreement. In case or cases where the system that eMailPlatform Canada Inc. provides does not live up to the description on our website, 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 lodge any complaints to info.us@emailplatform.com.

Please note that eMailPlatform delivers a standardized system.

When a justifiable and timely complaint is received, eMailPlatform Canada Inc. reserves the right to first remedy the issue. The customer may not make further claims towards eMailPlatform Canada Inc. and is as such not eligible to claim compensation of any kind. eMailPlatform Canada Inc. is therefore not liable for any direct or indirect loss as a result of this issue.

Cancellations and other terms

Please refer to eMailPlatform Online Subscription Agreement: https://emailplatform.com/en-us/eosa.

eMailPlatform Canada Inc. retains the right to terminate a customer’s subscription without grounds by giving a year’s written notice to the customer. In the event of a subscription being terminated with a year’s notice, any remaining pre-paid subscription fees will be returned to the customer. In the event of a termination by eMailPlatform occurring due to the customer’s data quality, sending SPAM, or sending campaigns that are in violation of the terms of use or applicable laws, the customer will not be entitled to any refund.

eMailPlatform Canada Inc. reserves the right to terminate a customer’s subscription without notice if the customer is in violation of eMailPlatform Canada Inc.’s terms of use and/or subscription terms. eMailPlatform Canada Inc. will, in connection with the termination of the subscription, provide a written justification. In those instances where a customer harasses other eMailPlatform Canada Inc. customers, this will be considered abuse of eMailPlatform Canada Inc.’s services. Abuse can at any time lead to closure and termination of a subscription. eMailPlatform Canada Inc. reserves the right to define what is considered abuse.

In the event of a customer sending more emails than their subscription allows, eMailPlatform will adjust the pre-invoiced email volume based on the weighted average of previous period. Email volume is adjusted within reasonable periods and backdated invoicing may occur though no more than one quarter.

Use of eMailPlatform Canada Inc.’s System

eMailPlatform Canada Inc. 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 Canada Inc. 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 Canada Inc. system. By sending an email or SMS campaign through the system provided by eMailPlatform Canada Inc., the customer guarantees that the content of the campaign is true and in accordance with applicable laws for the location where the emails are sent from, as well as for the location where the emails are sent to.

Please refer to General Data Processing Agreement for complete details: https://emailplatform.com/en-us/GDPA.

eMailPlatform Canada Inc. retains the right to cancel and delete any email or SMS campaign which in violation of applicable laws. The campaign must adhere to the laws governing the sending as well as the recipient country. eMailPlatform Canada Inc. shall not be held liable for any direct, indirect or accidental damages as a result of a campaign or account being deleted.

eMailPlatform Canada Inc. shall be exempt from any direct or indirect claims or liability that may arise in connection with the customer using the system provided by eMailPlatform Canada Inc.

All emails sent out by customer must contain an unsubscribe function. Regarding email opt-out, which is recommended by eMailPlatform Canada Inc. (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 Canada Inc.) 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 Canada Inc.) 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 subscriber to use its own internal mail server, that adheres to specific requirements, and requires that an individual agreement detailing this has been concluded with eMailPlatform Canada Inc.

The following information is obligatory and must be included in all emails sent out through eMailPlatform:

  • The identity of the email sender must be clearly shown in all emails sent by a customer
  • 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 email

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

Anti-spam policies

eMailPlatform Canada Inc. is a certified email marketing service provider. eMailPlatform Canada Inc. has a no-tolerance policy towards spam. The customer may not use a service provided by eMailPlatform Canada Inc. for the sending of spam. In the event of eMailPlatform Canada Inc. 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.  Please refer to the GDPA and the EOSA for links to North American law regulating this.

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, provincial, national or international jurisdictions where the 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 Canada Inc. system being used to send emails to such addresses.

We also refer to the guidelines from our certifications at the end of this document.

Disclaimer

The customer is responsible for the legality of all materials used in connection with the use of eMailPlatform Canada Inc.’s system. eMailPlatform Canada Inc. solely permits the use of materials that are not in breach of provisions all relevant national, regional, municipal and International laws, with the exception of strongly pornographic, unethical or other controversial material, which may only be used after a prior arrangement with eMailPlatform Canada Inc.

Any decision as to whether content is so controversial that the subscription will be immediately terminated is solely the responsibility of eMailPlatform Canada Inc. In the event of a subscription being immediately terminated eMailPlatform Canada Inc. is in no way liable to the customer. eMailPlatform Canada Inc. shall not be liable for any loss occurring as a result of direct or indirect damages and anything resulting therefrom, such as loss of projected or expected revenue, loss of data or its re-establishment, loss of goodwill, loss in connection with payment transfer, technical breakdowns, unauthorized access, wrongful set-up or any similar consequential damages in connection with the use of systems, products, services or information supplied by eMailPlatform Canada Inc.

In addition, eMailPlatform Canada Inc. 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 Canada Inc. can be blamed for these losses on the basis on negligence or similar.
eMailPlatform Canada Inc. is not responsible for losses occurring due to force majeure.

Force majeure: Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This Section will not, however, apply to your payment obligations under this agreement.

This applies even if eMailPlatform Canada Inc. is a party to the conflict and even if the conflict only affects part of the eMailPlatform Canada Inc. functionality.

Confidentiality

Employees of eMailPlatform Canada Inc., including sub-contractors and consultants, are bound by confidentiality agreements concerning customer relations and conditions governing customer’s sub-contractors of which eMailPlatform Canada Inc. 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.

References

eMailPlatform Canada Inc. is, without limitations, permitted to publicize their customers as references in the marketing of eMailPlatform Canada Inc. This will typically happen through the use of the customer’s logo on eMailPlatform.com (and other eMailPlatform websites and other online materials), including a case story. In the event of a quote from a customer being used, we will ask for prior approval from the customer.

Should you not wish to be used as a reference, this must be communicated in writing to eMailPlatform Canada Inc. We will of course respect your wishes.

Server Use

eMailPlatform Canada Inc. strives to ensure that all systems are accessible 24 hours a day, 365 days a year. eMailPlatform Canada Inc. is entitled to interrupt the service when required by maintenance or other technical issues. As much as possible, ample notice will be given for any such planned 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 centres are on globally available servers.
  • Our data centres run on 100% renewable energy

Arbitration

This agreement is governed by Calgary law in the Province of Alberta, Canada without regard to its conflict of laws principles, except that

  1. if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and
  2. if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.

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 International regulations.

  • Emails are only sent to recipients in accordance with International (where applicable), US and Canadian regulations, Can-Spam and CASL.
  • 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 Canada Inc. 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 CAN NOT have the system set up to pre-select “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 (eMailPlatform 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 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:
  • Every email must contain the option to rescind permission for the sending of further emails. An “unsubscribe option” must be made available to the recipient without entering additional data (e.g. login/password). “Unsubscribe” must be dealt with immediately. This is automatically and immediately handled 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 categorized 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.
  • Please refer to this document from FTC to remain compliant when sending out emails https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

 

Updated January 17th, 2019