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Terms for eMailPlatform

1. Background and purpose

2. Subscription Conditions

3. Subscriptions

4. Payment

5. Warranty

6. Termination and other Terms

7. Use of the eMailPlatform System

8. Anti-Spam Policy

9. Disclaimer

10. Confidentiality

11. References

12. Server Operation

13. Venue

14. Certification Terms & Anti-spam Policy

1. Background and purpose

eMailPlatform ApS is a Danish e-marketing automation platform: it is a system which can be used to send out newsletters. eMailPlatform ApS sells subscriptions and is solely intended for use by business owners, foundations, and associations.

Once an agreement has been entered into with eMailPlatform, the agreement is binding. The customer acquires a non-transferable, non-exclusive, and continuous right to use the system supplied by eMailPlatform in accordance with the applicable terms and subscription conditions. However, the agreement on the use of the system does not grant ownership of the system. All proprietary right remains with eMailPlatform or its third-party suppliers.

The customer must keep eMailPlatform informed of any changes, so addresses, contact details and billing information can be kept up to date.

On entering into this agreement, the customer accepts eMailPlatform’s terms, subscription conditions, data processing agreement, anti-spam policy and certification terms. eMailPlatform may change the terms and subscription conditions with three months’ notice.

We care very much about our excellent delivery performance, so we recommend that you read our subscription conditions carefully.

Public bodies have approved eMailPlatform as a processor for their data. This means that we may store sensitive personal data, such as personal IDs (CPR numbers), in conjunction with identifiable personal data.

 

2. Subscription conditions

Current prices can be found on our website at https://emailplatform.com/pricing

All prices stated are for an ongoing subscription, per month, in relevant national currency, excluding VAT.

eMailPlatform reserves the right not to set up the subscription until it has been paid for online, or the information necessary to send an invoice has been received. Trial subscriptions are set up immediately following approval of the information provided.

 

3. Subscriptions

We offer free support for all subscriptions. Free support means that we offer support via telephone, e-mail, and online chat, free of charge. This support includes guidance on the use of the system. eMailPlatform has many advanced features where we need in-depth knowledge of the individual customer’s data. Here, our professional team of onboarders and specialists can step in and help where normal support would usually end.

eMailPlatform assesses and provides information on a case-by-case basis if an issue cannot be resolved by our free support desk.

We offer assistance with customising forms, changing designs, etc. and bill for time spent on the task at our current hourly rates for consulting services. We always make a specific agreement before we start paid work on a project.

A discreet “Sent by eMailPlatform” message can be found at the bottom of all e-mails sent by the system. Subscribers who have over 7,500 contacts can have this function disabled by contacting our support team.

Any support provided outside normal business hours is charged at double the hourly rate for consulting services. This is billed per hour commenced.

Naturally, all systems are monitored 24/7/365, and any errors are rectified as soon as possible, and at no expense to the individual customer.

 

4. Payment

We invoice quarterly in advance, and payment must be received within eight days. If the invoice is to be sent via regular post, an additional fee will be charged. It is possible for public companies and groups to obtain longer payment deadlines. We prefer payment by NETS vendor service or credit card. FI codes from invoices received can also be used for payment.

Subscription fees are billed separately from any consulting services or other work.

If payments are not made on time, interest on the arrears is charged from the payment due date at a rate of 2% per month commenced.

If a customer has overpaid, e.g. by paying twice, eMailPlatform will normally return the amount within 14 business days.

 

5. Warranty

It is important that the customer verifies that the system meets the standard which has been agreed upon, immediately after conclusion of the agreement. If the system that eMailPlatform provides does not meet the standard which has been agreed upon, the customer must immediately lodge a complaint. The complaint must be submitted in writing, and must include a specification of the defects for which the complaint is being made. If the customer does not lodge the complaint immediately after the defect is or should have been noted, the customer will forfeit their right to lodge a complaint concerning the defect. It should be noted that eMailPlatform supplies a standard system.

eMailPlatform reserves the right to remedy the defect if the complaint is justified and timely. The customer may not make other claims against eMailPlatform and may not claim compensation of any kind. eMailPlatform ApS is not liable for any direct or indirect losses resulting from the defect.

 

6. Termination and other terms

All subscriptions can be terminated with a notice period of three months to the end of a month. Notice must be submitted in writing and must be confirmed in writing by eMailPlatform. E-mail is accepted as a means of written communication.

Subscription periods are individual, because the subscription period begins on the date the contract is concluded. If a customer enters into a contract on the 14th of the month, the subscription will run until the 13th of the following month.

The subscription can always be upgraded from day to day to a larger package. Downgrading of the subscription requires three months’ notice to the end of a month.

eMailPlatform reserves the right to adjust prices with a notice period corresponding to that of termination of a subscription. General price increases will be announced via the website and newsletters.

eMailPlatform will not refund prepaid subscription fees, even if the subscription is terminated with immediate effect. In the event of operational problems, or other problems with maintaining the operation of the product, eMailPlatform will not refund the prepaid subscription fee.

eMailPlatform reserves the right to terminate a subscription, in writing and without giving reasons, by giving one year’s notice to the customer. Upon termination with one year’s notice, prepaid subscription fees exceeding one year will be repaid to the customer. If eMailPlatform terminates the agreement due to customer data quality, sending spam or distributing campaigns contrary to regulations or legislation, the customer will not be entitled to any refund.

eMailPlatform reserves the right, without notice, to end a subscription if a customer violates eMailPlatform’s terms and/or subscription conditions. Immediately after terminating the subscription, eMailPlatform will send the customer a written justification for this. Where a customer is a nuisance to other eMailPlatform customers, this will be regarded as misuse of eMailPlatform’s services. Violations can always lead to termination of the subscription. eMailPlatform will determine what constitutes misuse in every case.

When a subscription is cancelled, all the customer’s data will be deleted within 30 days of the subscription period ending. Under the data processing agreement between the parties, the customer can request evidence that this has been done.

If e-mails are sent to more recipients than covered by the subscription, or the number of e-mails exceeds the maximum number agreed, the subscription will be automatically upgraded and a new quarterly invoice will be issued, with the amount of the previous prepaid agreement being deducted. In exceptional cases, there may be retroactive billing of extra usage.

 

7. Use of the eMailPlatform System

eMailPlatform provides a system where the customer can create and send e-mails and SMS campaigns to the contacts that the customer has legally obtained permission to send to. To send e-mails using the eMailPlatform system, the customer must have a list of permission-based, opt-in e-mail addresses, or they must build a list using an eMailPlatform service. By sending e-mails or SMS campaigns using eMailPlatform, the customer warrants that the content of the campaign is true and in accordance with the applicable law.

eMailPlatform reserves the right to cancel and delete an e-mail or SMS campaign that violates the applicable law at the time. The campaign must comply with both Danish law and the law of a potential recipient’s country. eMailPlatform accepts no liability for any direct, indirect, or consequential damages that occur as a result of a campaign being deleted.

eMailPlatform is exempt from all indirect and/or direct requirements that may arise from the customer using the system supplied by eMailPlatform.

All e-mails sent must include the option to unsubscribe. We recommend using e-mail opt-out, which means the subscriber does not need to use a login and/or password to unsubscribe from further e-mails.

E-mail recipients will automatically be unsubscribed in a “feedback loop” if the recipient marks an e-mail as junk, spam or otherwise unwanted message and the e-mail is received on an e-mail system that supports feedback loops.

E-mail recipients are automatically deactivated (unsubscribed) after one hard rejection or a total of three soft rejections. These are also called hard and soft bounces.

If exceptional circumstances arise, for example, if eMailPlatform is used for internal communication within a company, the option to opt out can be removed. The company must use an appropriate e-mail server that complies with a range of specific requirements, and an individual agreement about this must have been made with eMailPlatform ApS.

In using a system provided by eMailPlatform, the customer gives eMailPlatform permission to copy and/or store user data, content, contact lists and other information. eMailPlatform will not use user data, contact lists or other user information for purposes other than those stated in the customer’s instructions concerning the processing of data and will in no way infringe upon privacy. All data stored on a server at eMailPlatform ApS for a given customer belongs exclusively to the customer. No other parties except the customer and eMailPlatform ApS have access to the stored data.

Some eMailPlatform ApS servers are physically located in Copenhagen, in a multi-award-winning TIER-III + data centre with ISO 22301 (Business Continuity Management) and ISO 27001 (Information Security Management) accreditation. eMailPlatform also has servers located at Google’s European Data Centre, as described under point 12. Server Operation.

Mandatory requirements for clear identification of the e-mail sender:

  • The e-mail sender must be clearly identified on all e-mails sent by our customers
  • The following information is mandatory and must be shown on all e-mails:
    • The legal name of the company sending the e-mails
    • The geographical address of the company sending the e-mails
    • The email address of the company sending the e-mails

      It is recommended that the following information is provided, but it is not mandatory:

  • the company’s VAT number and company phone number

    The above information must be added to the contact list used for sending out campaigns. Failure to comply with the mandatory requirements for proof of identity may result in termination of your subscription with eMailPlatform ApS.

 

8. Anti-spam policy

eMailPlatform ApS is a certified e-mail marketing service provider and has a zero-tolerance spam policy. The customer may not utilise a service supplied by eMailPlatform to send out spam. If we find that spam has been sent from your account, your account will be closed immediately and no refund will be issued for the remaining subscription period.

Spam is defined as unsolicited bulk e-mail (i.e. e-mail for marketing or sales purposes) sent to people with whom you do not have a business relationship or who have not asked to be included (opted in) on your address list. The customer is responsible for all imported data, either through the system’s import features, through the XML API (integrations) or other standard integrations.

The customer agrees to comply with all anti-spam, anti-phishing and related laws applicable to the customer’s business, both in the home country and in countries in which the customer does business. It is illegal to send e-mails to addresses that have been harvested (for example, from an automated scan of a website), and the subscription will be terminated with immediate effect if eMailPlatform is used to send e-mails to such addresses.

See also the guidelines from our certification bodies at the bottom of this document.

 

9. Disclaimer

The customer is responsible for the legality of all materials used with eMailPlatform ApS system. eMailPlatform only allows the use of materials that comply with relevant national law. Pornographic, unethical, or other controversial material may only be used with prior permission from eMailPlatform ApS.

The assessment of whether the content is so controversial that the subscription must be cancelled with immediate effect shall be made by eMailPlatform ApS alone. If the customer’s subscription is terminated with immediate effect, eMailPlatform ApS shall bear no liability for compensation with respect to the customer.

eMailPlatform ApS is not liable for losses due to indirect damage and consequential damage, including loss of expected profit, loss of data or restoration of such data, loss of goodwill, losses arising from payment transfers, technical failures, unauthorised access, improper setup or other similar consequential damages, in connection with the use of systems, products, services or information provided by eMailPlatform.

eMailPlatform ApS is also not liable for losses due to lack of features of the system, regardless of whether eMailPlatform has been informed of the potential for such loss, and irrespective of whether eMailPlatform is accused of the loss based on negligence or the like.

eMailPlatform ApS is not liable for losses caused by force majeure, including laws, regulations, regulatory actions or the like, power failures, loss of telecommunications, fire, smoke damage, explosion, water damage, vandalism, burglary, terrorism or sabotage, strikes, lockouts, boycotts, or embargos. This applies even if eMailPlatform ApS is party to the conflict, and even if the conflict only affects parts of eMailPlatform’s functions.

 

10. Confidentiality

eMailPlatform ApS’ employees, including suppliers and consultants, have a duty of confidentiality with respect to information relating to customer relationships and relationships with customers’ subcontractors, which become known to eMailPlatform employees in the course of business. Information that is designated as public knowledge, or other publicly available information, is not covered by the duty of confidentiality.

The duty of confidentiality shall be regarded as lifelong. The duty of confidentiality does not cease at the end of the customer relationship.

 

11. References

eMailPlatform ApS may, without limitation, use customers as a reference in marketing eMailPlatform. Typical use will be with a logo on eMailPlatform.com and perhaps a case history. If a quotation from a customer is used, a request will first be submitted for approval.

If the customer wishes not to be used as a reference, eMailPlatform ApS must be notified in writing. We will naturally respect this request.

 

12. Server Operation

eMailPlatform ApS endeavours to ensure that all systems are available 24 hours a day, year-round. eMailPlatform ApS is entitled to interrupt operation when maintenance or other technical issues necessitate it. Advance notice of such interruptions will be given wherever possible. Planned campaigns that coincide with such interruptions will be sent immediately after the interruption, unless the customer reschedules the campaign.

Our data centre is physically located on servers at our award-winning global data partner, Sentia Solutions A/S, in Copenhagen, Denmark. Because of the high incidence of international fibre in Copenhagen, 80% of Europe’s GDP can be reached within just 30 milliseconds.

The principal 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

CCTV and security personnel monitor the data centre 24/7. There is extensive access control, including traps, contactless key cards, and biometric readers.

Our systems are also hosted via Google’s European data centre, thus ensuring we maintain stable operation and maximum security in a back-to-back agreement with Google Cloud.

 

13. Venue

Any disputes arising out of this agreement shall be governed by Danish law, and, in the first instance, the venue shall be the District Court of Kolding, Denmark.

 

14. Certification terms & Anti-spam Policy

eMailPlatform ApS has been certified by SuretyMail and the Certified Sender Alliance, which is why the following European and international conditions must be accepted when utilising our solution.

a. e-mails must only be sent to recipients who have consented to receiving these e-mails or to those who have a business relationship with the sender under the Danish Marketing Practices Act, Section 10(2), and the Danish Data Protection Act. In other words, the recipient must have consented to receiving newsletters.

b. Consent to receive advertisements via e-mail or other digital communication must be given separately. Recipients must consent actively and through a deliberate action. Fields that are filled out in advance may not be used. Consent cannot be part of other statements (e.g. acceptance of the terms and conditions). This also means, for example, that you CANNOT have pre-selected “Yes” to receiving newsletters during a purchase flow.
All web forms in eMailPlatform comply with this.

c. The sender of an e-mail campaign must be clearly identifiable in the e-mail. Also see point 7: Mandatory requirements for clear identification of the e-mail sender.

eMailPlatform will be happy to assist with setting this up as part of our free support, including, for example:

  • name and address of the sender, national company ID, contact information, at least one valid phone number or an electronic contact form, and an e-mail address

d. All e-mails must contain an option to revoke the authorisation to send e-mails. It must be possible for the recipient to unsubscribe from e-mails without having to provide additional information (login/password). Unsubscribe requests must be dealt with at once and processed promptly and automatically by eMailPlatform.

f. Neither the sender nor the commercial entity behind the e-mail must be hidden from the receiver, e.g. in the e-mail header or chosen subject line. This happens when the header and subject line are combined in such a way that the recipient cannot clearly understand the content of the e-mail before the e-mail is opened and read. 

g. To be able to send out e-mails or other digital communication to recipients who have come to your webpage through links or sponsored co-operation, you must always be sure to obtain specific approval.

f. Current information about our specific and ongoing measures in relation to the Danish Privacy Law and the GDPR are located on our website, under a separate tab for GDPR: https://emailplatform.com/how-emailplatform-complies-with-gdpr/ 

 

Updated on 7 January 2019