Terms & Conditions
Please read these Terms & Conditions carefully. By accessing the Email Marketing Brilliance Solution, you are agreeing to the terms that appear below.
This site is white labelled and operated by Clockwork Marketing & Direct Mail Ltd (Clockwork Marketing). As a user you will be able to access content on most areas of the solution but we reserve the right to suspend or terminate your access and use of the site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your email address as notified to Clockwork Marketing.
- USE OF EMAIL MARKETING BRILLIANCE
2.1 We agree to use our reasonable endeavours to maintain the system in a fully operating and error free condition. As this cannot be guaranteed we do not accept responsibility for any defects that may occur or for any loss of profits, loss of data, costs or any consequential losses arising from your use or inability to use the system.
2.2 Your participation and dealings with and interest in any form in promotions, services, offers of merchants, advisors, providers, agents and associates found on or via the Solution unless explicitly stated by us, are solely between you and the person with whom you are dealing. Should any dispute arise between you and the other party we may assist you at our discretion but shall not be responsible for any loss, costs or damages that may arise from any such dealings.
2.3 You shall at all times use the Solution in such a way that ensures full compliance with all applicable laws and regulations. You shall not use the Solution to transmit or post any material which, in our opinion, is malicious, defamatory, offensive, obscene, lewd, annoying, threatening or menacing in any way against any party by act of omission or commission.
2.4 It is your responsibility to be extra vigilant about preventing spam-related abuse. It is in our best interest to keep the system clean, because our reputation and deliverability depend on it. That’s why you may only use Email Marketing Brilliance to communicate with existing contacts in line with Data Protection Act 1998, that have given you written (including electronic) permission to send emails to them and have not withdrawn that permission.
3.1 We will (as part of the Service) provide you with a pre-styled and pre-installed
template(s) as determined in your service level.
3.2 If in addition to the templates referred to in 3.1, you require any bespoke templates the charges for and specifications for these (if any) are available on request.
3.3 Templates can then be copied and renamed to create campaigns, where content can be added specific to your marketing message.
3.4 You are not entitled to change or otherwise modify any template without our writtenpermission.
3.5 Reverse engineer or decompile (if compiled) any template.
3.6 Use any template unless otherwise agreed in writing.
3.7 If you wish to use the template, its design, layout or code contained within the template, for any purpose other than with the Email Marketing Brilliance Solution, you must obtain written permission from Clockwork Marketing. There will be a charge in the event that such permission is granted. The cost for such a service is available on request.
- LICENCES AND EMAIL CREDITS
4.1 An Annual Licence Fee has an account agreement duration of 1 year and is payable in advance to use the solution and is renewable annually.
4.2 Email Marketing Brilliance campaigns can only be sent if there are sufficient credits in the system. Credit bundles can be purchased in advance. 1 credit = 1 x e mail subscriber send.
4.3. Having more active subscribers in the account in excess of the credits applied to the account requires upgrading to the next bundle limit.
4.4 You may increase your usage level at any time but only by purchasing further credit bundles.
4.5 Credits will be carried forward to a new monthly period.
4.6 We will maintain a record of your usage level.
- TERMINATION AND SUSPENSION
5.1 We reserve the right to terminate or suspend the service if we consider you are misusing the Email Brilliance Solution.
5.2 You should fail to pay any fee or additional charges by the due date.
5.3 You can terminate the contract at any time – a notice period of 3 calendar months is required.
5.4 In the event of termination of the contract by either parties, no refunds full or partial for licences or credits will be issued.
- PURCHASING OF CREDITS
6.1 We reserve the right to change the pricing of any credit bundles at any time.
6.2 Credits purchased through the online credit shop will be allocated to your account within 1 working day once payment has been confirmed.
6.3 No refunds shall be given for credits purchased through the credit shop unless for extenuating circumstances. Clockwork Marketing has full rights to determine what it deems to be extenuating circumstances.
6.4 Additional credit bundles can be set up for clients at request.
6.5 All payments and card details are handled by Secure Trading Limited. They are fully Level 1 PCI DSS compliant.
6.6 No card or payment details other than bill addresses are shared with Clockwork Marketing.