Our Terms and Conditions
(last updated 2013/01/18)
You are bound by these conditions if you use our system to send out emails. These conditions are designed to protect end users from receiving unsolicited emails, be good net citizens and meet our obligations under the Unsolicited Electronic Messages Act 2007.
You means anyone sending email campaigns or messages out using (or in conjunction with) any services we offer.
We and Our means PB Marketing and its principles.
Subscribers means anyone who receives emails sent through our MailOut system.
Double opt-in means that subscribers are required to click on an link in a message we send to their email address on your behalf to confirm and activate their subscription.
- You agree not to share subscribers details with third parties without their prior consent, except as required by law.
- All registrations/subscriptions must be “double opt-in”. You may not attempt to subvert the double opt-in processes we have put in place.
- Our system allows customers to collect email addresses from people interested in your products and services. You only use these details to communicate with people who have opted in for this purpose. You may not on-sell customer information or market products or services for third parties without the subscribers prior consent.
- Mailouts must not mislead subscribers as to who the sender is.
- All mailings generated by you in conjunction with our system require you to clearly identify yourself as the sender. (We facilitate this requirement by ensuring an appropriate banner is added, and by appending the sender details along with unsubscribe options to each email we send.
- If you are contacted by a subscriber to be removed from a mailing list, you will unsubscribe them from the mailing list as soon as practical, but in any event within 5 working days.
- If we are contacted by a subscriber who wishes to opt we may them from your mailing list. While we will use our best-endeavours to ensure the opt-out request is legitimate, we may opt-out customers without informing you, and without recourse by you if we act in error.
- You agree to pay us all charges as they fall due. If any charges become overdue we may charge interest at a rate of 2% per month, in addition to costs of collection.
- The mailing list we compile for you is owned by you. We will not sell it to other parties.
- We will provide our services to you with due care and skill. We do not represent our service to be fault free – particularly while our service is in beta.
- We will endeavour to ensure the unsubscribe facility on mailouts sent to subscribers is functional for at least 30 days after messages have been sent.
- If, after 90 days, you are unhappy with our service we will refund any payments you have made to us in conjunction with that service over the last 3 months.