Terms & Conditions
The Espiromail service is owned by Emailmovers Ltd, registered in England under company number 5046417, whose registered office is at Holtby Manor, Stamford Bridge Road, Dunnington, York, YO19 5LL, United Kingdom.
Scope Of The Services
Services to be supplied shall be as set below: Espiromail is an outsourced, hosted application (ASP) that delivers reliable, cost-effective and measurable email communications.
The application allows you to:
- Build an opt-in email database of customers and prospects
- Segment your customer base for targeting
- Manage and maintain databases (subscribes, unsubscribes, bounce-backs, etc.)
- Create targeted, personalized email campaigns
- Manage delivery of large-scale multiple email messages
- Measure campaign results through in-depth reporting
The service is offered at a fixed monthly price determined by the email list size requirement. During each month you may send an unlimited amount of email campaigns to the uploaded lists. We reserve the right to increase our pricing at any time but not without giving at least 30 days notice.
Cancellation must be sent in writing or by email. The final payment due will be for the entire month during which cancellation notice is received. There are no refunds for any fees paid.
Emailmovers Ltd. will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. Emailmovers Ltd. will provide, upon request, the list of unsubscribe requests from your last campaign.
This service is designed exclusively for sending emails to subscribers who have specifically opted in to receive your mailings. It is not permitted to send emails on behalf of a third party. It is only to be used for promoting your own products/services/events etc. Sending emails to purchased/rented lists not from Emailmovers Ltd is normally forbidden unless prior agreement has been obtained from us. Emails obtained by “farming” methods eg. newsgroup postings or other scraping techniques are strictly forbidden.
Should we receive an unacceptably high level of complaints relating to your account, we will firstly contact you to try to resolve any issues with your database.
The level of acceptable complaints is at our discretion. A complaint can take the form of any communication to us from the recipient, or to our upstream provider, or via one of the many “anti-spam” organisations or groups.
In the event that we believe your database to be damaging to the performance of our system, or if you break any of the above terms, or if we believe that an unacceptable level of complaints cannot be resolved, we reserve the right to suspend your use of the Service without refund of any fees already paid.
Restrictions And Responsibilities
Emailmovers Ltd. will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
Our role is to provide the services outlined above, and you are not granted a license to any software. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the laws of the United Kingdom or relevant European Union Directives is prohibited.
Warranty Disclaimer; Remedies
Use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. Emailmovers ltd. does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. The services are provided “as is” and Emailmovers ltd. disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Emailmovers Ltd. to use commercially reasonable efforts to adjust or repair the Services.
Limitation Of Liability
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Emailmovers ltd. or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “Emailmovers”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Emailmovers shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, Emailmovers is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of Emailmovers to you will be limited to the amount you paid for the services.
If you have any requests for extra functionality not currently included in the service please notify us by email and we will consider them for addition. Extra features will normally be added free of charge if considered in our opinion to be of general use to other users of the service.