| creative capture |
| Terms and conditions/Privacy policy/Anti-spam policy |
o
o
eMARKETING TERMS AND CONDITIONS
ZENDMAIL trades under ZENDELL LIMITED - registration details can be found at the footer of this website.
All quotations are valid for 30 days from proposal date.
ZENDMAIL™ (the "Services"), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. ZENDMAIL does not allow it's application to be used for unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By ticking the check box at the end of the trial form stating ‘Accept terms and conditions' you are agreeing to these terms and conditions. Also, by submission of a free trial account you are bound by ZENDMAILS terms and conditions forthwith.
All Services provided by ZENDMAIL are subject without limitation to ZENDMAIL’s Privacy Policy and ZENDMAIL’s Anti-Spam Policy. ZENDELL LIMITED may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.zendmail.co.uk website.
1. The Services are subject to monthly subscription fees or annual fees. When the free trial period has been completed ZENDMAIL reserves the right to suspend your account unless you sign-up for a monthly or annual subscription.
2. Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month. Any extra 'top-up' send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up for as long as your current subscription remains live. If you choose to terminate your account during the subscription period, it is your responsibility to terminate your re-occuring payment plan with PayPal, not Zendmails, as we have no facility to do this. No refunds can be made to account holders once a subscription payment has been made.
3. Annual subscriptions are billed annually, in advance, according to the Fee Schedule selected by you at sign up. Annual send credits expire at the end of each year. Any extra 'top-up' send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that annual subscription fees are changed, your fee will remain at the level at which you signed up for as long as your current subscription remains live. If you choose to terminate your account during the subscription period, it is your responsibility to terminate your re-occuring payment plan with PayPal, not ZENDMAIL's, as we have no facility to do this. No refunds can be made to account holders once a subscription payment has been made.
4. Payment of your ZENDMAIL can be made by BACS Transfer, Visa or Master Card credit cards using Secure Trading or PayPals processing system. If you take a monthly subscription, you are authorising us to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If ZENDELL LIMITED is for any reason unable to deduct the monthly payment from your credit card, you will be notified via email and your ZENDMAIL account will be suspended until payment is received.
(a) For automated credit card / PayPal payments, email send credits will be credited to your account within 1- 24 hours.
(b) For BACS subscription payments, due to the nature that they are not automated with our 'engine' system, email credits will be credited to your account within 1 -48 hours.
5. Refund Policy - All fees paid to ZENDELL LIMITED for ZENDMAIL are non-refundable, unless an account is terminated by ZENDELL LIMITED for a reason other than violation of the Anti-Spam policy whereby ZENDELL LIMITED may, at their discretion, make a full or partial refund of unused Credits.
Restrictions and Responsibilities
6. ZENDMAIL reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.
7. You will not contest the validity of ZENDMAIL with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.
8. You acknowledge that ZENDMAIL owns all rights, titles and interests in and to ZENDMAIL including any and all proprietary rights.
9. ZENDMAIL may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use 'unknown' third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless ZENDELL LIMITED against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of ZENDMAIL. If a database is purchased through ZENDMAIL, then this would of come directly, through brokerage, from Data HQ. These email lists are not fully endorsed by ZENDMAIL and we can not guarantee deliverability of the email addresses due to possible 'recent' high attrition rates. Therefore, you agree to indemnify and hold harmless ZENDELL LIMITED against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your use of a Data HQ mailing list with the ZENDMAIL system.
10. Procurement of said email databases can take up to 48hrs for delivery. Normally, these lists are turned around within 24hrs. The process of procurement is that payment in full, in reference to the quotation proposal, is to be made to ZENDELL LIMITED. Once this transaction is clear, ZENDMAIL will then process the order with Data HQ. The time delay is spent in re-validating the email database content prior to delivery and 3rd party administration.
11. ZENDELL LIMITED reserves the right to monitor the newsletters created by you and your use of ZENDMAIL. ZENDELL LIMITED also reserves the right to remove any content or immediately suspend your use of ZENDMAIL, if it believes that your use is in violation of any national or international laws.
(a) It is a requirement, for all first time clients, to demonstrate 'opt in' safe practice. Therefore, the first proposed newsletter that the client intends to send using the ZENDMAIL engine, has to be forwarded onto ZENDMAIL in the first instance, prior to sending onto a mailing list(s). This newsletter is to be sent to admin@zendmail.co.uk for approval. Once accepted, this newsletter 'must' be the first newsletter sent to the clients dataset.
(b) For any reason that the 'approved' newsletter is altered without informing ZENDMAIL, then ZENDELL LIMITED have the right in terminating the account with no notice.
12. ZENDMAIL will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. ZENDELL LIMITED may immediately suspend your ZENDMAIL account if you make any attempt to remove, alter or disable this link.
13. ZENDMAIL will automatically append a "Powered by ZENDMAIL " footer and link to ZENDMAIL to all outgoing email, unless you re-brand. ZENDELL LIMITED may immediately suspend your ZENDMAIL account if you make any attempt to remove, alter or disable this footer and link, unless you have come to a commercial agreement with Zendell Ltd about the removal of the footer and link.
14. ZENDELL LIMITED will not share information you may upload (such as email addresses, name, contact information, or images) to ZENDMAIL or any other third party. Your customer information will not be shared with any other parties, unless required under law. ZENDELL LIMITED will not use your customer information for the purpose of sending unsolicited commercial e-mail. ZENDELL LIMITED may use this information and any technical information about your use of the Services to facilitate your use of ZENDMAIL or in communications with you. ZENDMAIL have the capability of viewing quantity of email addresses in client datasets, however, ZENDMAIL are unable to export these lists for external use or reselling. Any attempt to export or download a clients database, will result in a 'confirmation' email to the client for approval of the request.
15. You will comply with the ZENDMAIL Privacy Policy and the Anti-Spam Policy, which may be modified by ZENDELL LIMITED from time to time.
16. ZENDMAIL accounts are provided with a single user licence which cannot be extended to multiple use or for use by third parties whether or not for financial gain. Provision of the account does not grant the user the rights to resell the functionality contained within the account or to resell the use of the account to a third party, whether or not for financial gain, unless you have come to a commercial agreement with ZENDELL LIMITED, forwarded a completed, signed and valid reseller agreement and that agreement has been accepted by ZENDELL LIMITED.
(a) Agencies that use ZENDMAIL and provide a service to their clients as a facilitator, must comply to ZENDMAIL's terms and conditions and privacy policy. Any mis-use of the ZENDMAIL engine that is not compliant to our terms and conditions and privacy policy will result in the client account being suspended until further investigation. ZENDELL LIMITED reserve the right to terminate any account immediately, with no subscription refund, if our terms and conditions and privacy policy has not been adhered to.
17. ZENDMAIL offer 'assistance' products for clients in the way of managing and controlling the eNewsletter service. If you are not subscribed to any of these packages, ZENDMAIL can not be held responsible for any client oversight or management issue with regard to any campaign.
Termination
18. This Agreement will have a term beginning on the payment date of the first monthly or annual subscription. You may terminate this Agreement at any time by following the subscription re-occurring cancellation instruction available from PayPal, or cancelling your BACS payment. On termination of a subscription, ZENDMAIL will close down your account after 60 days from the day your credits should of been updated. Extra send credits purchased and still valid will remain in your account. This time duration is for either accessing if you still require the function and/or to transfer your mailing lists and statistics for future use. Unless informed otherwise, ZENDMAIL will close the account after 60 days.
19. ZENDELL LIMITED may immediately terminate this Agreement and suspend access to ZENDMAIL without refund if:
* You are in violation of any of the terms outlined in this agreement,
* Any content within your mailing:
:: is, or could be considered by ZENDMAIL to be, detrimental to the reputation of ZENDMAIL
:: advertises the products or services of third party newsletter software providers
:: is used to promote third party newsletter software providers
:: is used to inform recipients of the intention to transfer to a third party newsletter software provider
20. ZENDELL LIMITED is not liable for any commercial damage to you as a result of it’s decision to terminate or suspend your ZENDMAIL account.
21. ZENDELL LIMITED reserves the right to delete any account data, including unused credits within 30 days after the date of suspension or termination.
Warranty Disclaimer
THE ZENDMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND ZENDELL LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
22. Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.
Limitation of Liability
23. To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.
UPDATED 17 JUN 10
All quotations are valid for 30 days from proposal date.
ZENDMAIL™ (the "Services"), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. ZENDMAIL does not allow it's application to be used for unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By ticking the check box at the end of the trial form stating ‘Accept terms and conditions' you are agreeing to these terms and conditions. Also, by submission of a free trial account you are bound by ZENDMAILS terms and conditions forthwith.
All Services provided by ZENDMAIL are subject without limitation to ZENDMAIL’s Privacy Policy and ZENDMAIL’s Anti-Spam Policy. ZENDELL LIMITED may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.zendmail.co.uk website.
1. The Services are subject to monthly subscription fees or annual fees. When the free trial period has been completed ZENDMAIL reserves the right to suspend your account unless you sign-up for a monthly or annual subscription.
2. Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month. Any extra 'top-up' send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up for as long as your current subscription remains live. If you choose to terminate your account during the subscription period, it is your responsibility to terminate your re-occuring payment plan with PayPal, not Zendmails, as we have no facility to do this. No refunds can be made to account holders once a subscription payment has been made.
3. Annual subscriptions are billed annually, in advance, according to the Fee Schedule selected by you at sign up. Annual send credits expire at the end of each year. Any extra 'top-up' send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that annual subscription fees are changed, your fee will remain at the level at which you signed up for as long as your current subscription remains live. If you choose to terminate your account during the subscription period, it is your responsibility to terminate your re-occuring payment plan with PayPal, not ZENDMAIL's, as we have no facility to do this. No refunds can be made to account holders once a subscription payment has been made.
4. Payment of your ZENDMAIL can be made by BACS Transfer, Visa or Master Card credit cards using Secure Trading or PayPals processing system. If you take a monthly subscription, you are authorising us to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If ZENDELL LIMITED is for any reason unable to deduct the monthly payment from your credit card, you will be notified via email and your ZENDMAIL account will be suspended until payment is received.
(a) For automated credit card / PayPal payments, email send credits will be credited to your account within 1- 24 hours.
(b) For BACS subscription payments, due to the nature that they are not automated with our 'engine' system, email credits will be credited to your account within 1 -48 hours.
5. Refund Policy - All fees paid to ZENDELL LIMITED for ZENDMAIL are non-refundable, unless an account is terminated by ZENDELL LIMITED for a reason other than violation of the Anti-Spam policy whereby ZENDELL LIMITED may, at their discretion, make a full or partial refund of unused Credits.
Restrictions and Responsibilities
6. ZENDMAIL reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.
7. You will not contest the validity of ZENDMAIL with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.
8. You acknowledge that ZENDMAIL owns all rights, titles and interests in and to ZENDMAIL including any and all proprietary rights.
9. ZENDMAIL may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use 'unknown' third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless ZENDELL LIMITED against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of ZENDMAIL. If a database is purchased through ZENDMAIL, then this would of come directly, through brokerage, from Data HQ. These email lists are not fully endorsed by ZENDMAIL and we can not guarantee deliverability of the email addresses due to possible 'recent' high attrition rates. Therefore, you agree to indemnify and hold harmless ZENDELL LIMITED against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your use of a Data HQ mailing list with the ZENDMAIL system.
10. Procurement of said email databases can take up to 48hrs for delivery. Normally, these lists are turned around within 24hrs. The process of procurement is that payment in full, in reference to the quotation proposal, is to be made to ZENDELL LIMITED. Once this transaction is clear, ZENDMAIL will then process the order with Data HQ. The time delay is spent in re-validating the email database content prior to delivery and 3rd party administration.
11. ZENDELL LIMITED reserves the right to monitor the newsletters created by you and your use of ZENDMAIL. ZENDELL LIMITED also reserves the right to remove any content or immediately suspend your use of ZENDMAIL, if it believes that your use is in violation of any national or international laws.
(a) It is a requirement, for all first time clients, to demonstrate 'opt in' safe practice. Therefore, the first proposed newsletter that the client intends to send using the ZENDMAIL engine, has to be forwarded onto ZENDMAIL in the first instance, prior to sending onto a mailing list(s). This newsletter is to be sent to admin@zendmail.co.uk for approval. Once accepted, this newsletter 'must' be the first newsletter sent to the clients dataset.
(b) For any reason that the 'approved' newsletter is altered without informing ZENDMAIL, then ZENDELL LIMITED have the right in terminating the account with no notice.
12. ZENDMAIL will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. ZENDELL LIMITED may immediately suspend your ZENDMAIL account if you make any attempt to remove, alter or disable this link.
13. ZENDMAIL will automatically append a "Powered by ZENDMAIL " footer and link to ZENDMAIL to all outgoing email, unless you re-brand. ZENDELL LIMITED may immediately suspend your ZENDMAIL account if you make any attempt to remove, alter or disable this footer and link, unless you have come to a commercial agreement with Zendell Ltd about the removal of the footer and link.
14. ZENDELL LIMITED will not share information you may upload (such as email addresses, name, contact information, or images) to ZENDMAIL or any other third party. Your customer information will not be shared with any other parties, unless required under law. ZENDELL LIMITED will not use your customer information for the purpose of sending unsolicited commercial e-mail. ZENDELL LIMITED may use this information and any technical information about your use of the Services to facilitate your use of ZENDMAIL or in communications with you. ZENDMAIL have the capability of viewing quantity of email addresses in client datasets, however, ZENDMAIL are unable to export these lists for external use or reselling. Any attempt to export or download a clients database, will result in a 'confirmation' email to the client for approval of the request.
15. You will comply with the ZENDMAIL Privacy Policy and the Anti-Spam Policy, which may be modified by ZENDELL LIMITED from time to time.
16. ZENDMAIL accounts are provided with a single user licence which cannot be extended to multiple use or for use by third parties whether or not for financial gain. Provision of the account does not grant the user the rights to resell the functionality contained within the account or to resell the use of the account to a third party, whether or not for financial gain, unless you have come to a commercial agreement with ZENDELL LIMITED, forwarded a completed, signed and valid reseller agreement and that agreement has been accepted by ZENDELL LIMITED.
(a) Agencies that use ZENDMAIL and provide a service to their clients as a facilitator, must comply to ZENDMAIL's terms and conditions and privacy policy. Any mis-use of the ZENDMAIL engine that is not compliant to our terms and conditions and privacy policy will result in the client account being suspended until further investigation. ZENDELL LIMITED reserve the right to terminate any account immediately, with no subscription refund, if our terms and conditions and privacy policy has not been adhered to.
17. ZENDMAIL offer 'assistance' products for clients in the way of managing and controlling the eNewsletter service. If you are not subscribed to any of these packages, ZENDMAIL can not be held responsible for any client oversight or management issue with regard to any campaign.
Termination
18. This Agreement will have a term beginning on the payment date of the first monthly or annual subscription. You may terminate this Agreement at any time by following the subscription re-occurring cancellation instruction available from PayPal, or cancelling your BACS payment. On termination of a subscription, ZENDMAIL will close down your account after 60 days from the day your credits should of been updated. Extra send credits purchased and still valid will remain in your account. This time duration is for either accessing if you still require the function and/or to transfer your mailing lists and statistics for future use. Unless informed otherwise, ZENDMAIL will close the account after 60 days.
19. ZENDELL LIMITED may immediately terminate this Agreement and suspend access to ZENDMAIL without refund if:
* You are in violation of any of the terms outlined in this agreement,
* Any content within your mailing:
:: is, or could be considered by ZENDMAIL to be, detrimental to the reputation of ZENDMAIL
:: advertises the products or services of third party newsletter software providers
:: is used to promote third party newsletter software providers
:: is used to inform recipients of the intention to transfer to a third party newsletter software provider
20. ZENDELL LIMITED is not liable for any commercial damage to you as a result of it’s decision to terminate or suspend your ZENDMAIL account.
21. ZENDELL LIMITED reserves the right to delete any account data, including unused credits within 30 days after the date of suspension or termination.
Warranty Disclaimer
THE ZENDMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND ZENDELL LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
22. Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.
Limitation of Liability
23. To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.
UPDATED 17 JUN 10
WEB DESIGN and HOSTING TERMS AND CONDITIONS
ZENDMAIL trades under ZENDELL LIMITED - registration details can be found at the footer of this website.
All quotations are valid for 30 days from proposal date.
By placing an order with ZENDELL LIMITED (ZENDMAIL), you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client : The company or individual requesting the services of ZENDMAIL and/or partners and employees.
1. The contract between ZENDMAIL and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing
2. These terms apply to each user and/or visitor to the Website and/or customers of the Company and are governed by English law. Information on this Website is the property of the Company. The materials contained in this site are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of the Company or its representatives.
3. The Company reserves the right in its absolute discretion:
(a) to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and
(b) to monitor, suspend, revoke, or otherwise limit access to the Website at any time.
4. The use of this Website is at the visitor's or user's own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
5. The Website contains links to other sites or addresses on the web. External sites are not part of the Website and do not belong to the Company. The Company does not approve or endorse other websites nor is it responsible for their content.
6. Descriptions of, or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors. No reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes..
7. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, ZENDMAIL cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
8. The web server, website, graphics and any programming code remain the property of ZENDMAIL until all outstanding accounts are paid in full.
9. ZENDMAIL cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
10. Any additions to the brief will be carried out at the discretion of ZENDMAIL and where no charge is made by ZENDMAIL for such additions, ZENDMAIL accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
11. The client agrees to make available as soon as is reasonably possible to ZENDMAIL all materials required to complete the site.
12. ZENDMAIL will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
13. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents
14. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
15. ZENDMAIL cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
16. The client is expected to test fully any application or programming relating to a site developed by ZENDMAIL before being made generally available for use. Where "bugs", errors or other issues are found after the site is live,
17. ZENDMAIL will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
18. Whilst ZENDMAIL offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by ZENDMAIL cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
19. ZENDMAIL reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
20. Domain names will be registered by ZENDMAIL and also registered to the ZENDMAIL current address. Although the domain names are registered to ZENDMAIL, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere,
21. ZENDMAIL will do this within reasonable time. All costs involved in detail changes of domain transfers shall be met by the client.
22. It is the responsibility of the client to renew their domain names when due. If a domain name expires. ZENDMAIL cannot be held liable for this. However, ZENDMAIL will make reasonable effort to contact the client regarding domain renewal.
23. When a client renews “hosting” with ZENDMAIL this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and ZENDMAIL cannot be held liable for this.
24. Whilst ZENDMAIL recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by ZENDMAIL and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
25. The hosting renewal charge must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by ZENDMAIL for reactivating the website / hosting.
26. If the client does not use ZENDMAIL hosting services then the management and hosting of the domain name are the full responsibility of the client.
27. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
28. The hosting service provided by ZENDMAIL is located on a server that is not on our premises. This dedicated server is leased by ZENDMAIL from a 3rd Party provider. Therefore, any unforeseen technical issues with this service is not under our control, however, we will endeavour to fix any ‘external’ issues with our Provider if they arise promptly. Our current uplink time is 99.9%, excluding any form of system maintenance. The ZENDMAIL hosting package is a 'self maintained' hosting package, as the client has full access via the PLESK control panel. This means that the client is responsible for backing up the files contained and setting up all functions from mail accounts to databases. ZENDMAIL simply 'lease' the client the space - how the space is managed is down to the client. ZENDMAIL can take over this responsibility if the client subscribes to a 'Premier Extra' management package. This is when we ensure all of your required functions within the control panel are set up, updated, backed-up and maintained.
29. Advance warning of any scheduled maintenance that is programmed in for our server will be send to you within a respectable timeframe. No guarantees can be made as to the availability or interruption of this service by ZENDMAIL and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss during the maintenance period.
30. If a domain name is purchased by the client through a company other than ZENDMAIL , the client has full responsibility in making sure that the domain name is renewed when due. ZENDMAIL will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than ZENDMAIL, nor will ZENDMAIL be held responsible for DNS changes with a domain name that we have not initiated or manage.
31. ZENDMAIL offer 'management' products for clients in the way of managing and controlling hosting, domain names and also the eNewsletter service. If you are not subscribed to any of these packages, ZENDMAIL can not be held responsible for any client oversight or management issue with regard to hosting set up and control, domain DNS name server management, PLESK control nor any issue with the eNewsletter service.
32. ZENDMAIL will host the website on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If the client is offered hosting with any package this is offered free of charge, no charge has been added to your web design order. If clients are misbehaving including abusive emails and telephone calls, or requesting functionality which we do not offer, ZENDMAIL has the right to not host a site, or terminate hosting without giving notice nor refund. All websites are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on server of their choice.
33. Although ZENDMAIL offer unlimited ‘everything’ – there is a limit. We will initially ‘cap’ your limits and if you seem to be producing a lot of traffic, ZENDMAIL will increase your limits, as long as your ‘site’ is working in harmony on the server in relation to other clients. ZENDMAIL will typically allow a maximum of 500MB of bandwidth allowance per website per month. Should a clients website exceed this limit, ZENDMAIL reserve the right to levy additional charges or insist the client makes arrangements to transfer the hosting and email services to an alternative provider within a reasonable timeframe – if the limits are excessive and the 'harmony' with other clients sites is being effected.
34. ZENDMAIL accepts no responsibility for the configuration and any costs incurred by client.
Payment of Accounts
35. A deposit is required from a new client before any work is carried out. All down payments and deposits received are non refundable. In all cases, website hosting fees and any costs incurred by ZENDMAIL on behalf of the client are payable in advance and are non-refundable.
36. It is ZENDMAIL’s policy that any outstanding accounts for work carried out by ZENDMAIL or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ZENDMAIL. If accounts are not settled or ZENDMAIL have not been contacted regarding the delay, access to the related website may be denied, that includes disabling the website. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be resolved.
37. ZENDMAIL will only commence work on design after 50% payment has been made of the quoted project fee from the client, once the quoted project has been completed the remaining balance becomes due with immediate effect. Unless otherwise agreed by ZENDMAIL, the clients website will not be made live on their selected domain until the agreed account balance is paid in full. Additionally websites will not be transferred to 3rd party hosting providers until the agreed balance is paid in full unless otherwise agreed to by ZENDMAIL. ZENDMAIL reserve the right to remove websites and supporting files if the client breaches any terms relating to the aforementioned individual agreements.
38. It is important that the website is not in any way illegal. ZENDMAIL shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate both legally and ethically within UK law.
39. ZENDMAIL will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong-doing on the part of a site owner.
40. ZENDMAIL reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by ZENDMAIL.
41. ZENDMAIL cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
42. Images purchased by ZENDMAIL on behalf of the client are strictly for use on the website only. ZENDMAIL are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
43. ZENDMAIL cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by ZENDMAIL.
44. Where we have been asked to provide Search Engine Optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
45. ZENDMAIL will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. ZENDMAIL will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
46. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
47. It is the clients responsibility to check with ZENDMAIL that open source software is being used or not.
48. Where applications or sites are developed on servers not recommended by ZENDMAIL, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
49. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by ZENDMAIL or our client.
50. There is an immediate cessation of all current and future warranties where a client has requested from us anything that results in passing the control of a website from ZENDMAIL to the client. This results in ZENDMAIL losing control of the website and changes could be made by the client or their agents. Loss of control by ZENDMAIL can take place if FTP codes and or source codes have been passed to the client. This loss of control can occur in other situations such as where the client has requested placing the website onto a server of their choice and not ZENDMAIL’s server. Under any of these circumstance(s) which results in loss of control by ZENDMAIL then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.
51. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client or ZENDMAIL, they will be the sole responsibility of the client.
52. ZENDMAIL has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute ZENDMAIL endorsement, or approval of the web site or the material contained within the web site. ZENDMAIL has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. ZENDMAIL provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
53. The client must supply all information requested in writing by ZENDMAIL within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by ZENDMAIL and all monies paid may not be refunded. If content is not received within the stipulated time by ZENDMAIL the quote given to the client can be increased or the project cancelled at the discretion of ZENDMAIL .
54. ZENDMAIL are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website from time of delivery onwards.
55. The Company reserves the right to revise and amend an initial quote to a customer where needed.
56. Unless otherwise explicitly agreed and stated, the Company’s responsibility is limited to designing customers’ websites and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer’s website/s once online. The Company reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.
57. The Company uses customers’ material e.g. text, information, photos etc to design customers’ websites. The Company is not responsible for these materials. The use of these websites is at the visitor's or user's own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the customers’ websites nor does it warrant that these websites are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
58. Descriptions of, or references to information, products, services or publications within the customers’ websites do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors.
EXCLUSION OF LIABILITY
59. To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.
UPDATED 17 JUN 10
All quotations are valid for 30 days from proposal date.
By placing an order with ZENDELL LIMITED (ZENDMAIL), you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client : The company or individual requesting the services of ZENDMAIL and/or partners and employees.
1. The contract between ZENDMAIL and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing
2. These terms apply to each user and/or visitor to the Website and/or customers of the Company and are governed by English law. Information on this Website is the property of the Company. The materials contained in this site are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of the Company or its representatives.
3. The Company reserves the right in its absolute discretion:
(a) to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and
(b) to monitor, suspend, revoke, or otherwise limit access to the Website at any time.
4. The use of this Website is at the visitor's or user's own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
5. The Website contains links to other sites or addresses on the web. External sites are not part of the Website and do not belong to the Company. The Company does not approve or endorse other websites nor is it responsible for their content.
6. Descriptions of, or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors. No reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes..
7. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, ZENDMAIL cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
8. The web server, website, graphics and any programming code remain the property of ZENDMAIL until all outstanding accounts are paid in full.
9. ZENDMAIL cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
10. Any additions to the brief will be carried out at the discretion of ZENDMAIL and where no charge is made by ZENDMAIL for such additions, ZENDMAIL accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
11. The client agrees to make available as soon as is reasonably possible to ZENDMAIL all materials required to complete the site.
12. ZENDMAIL will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
13. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents
14. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
15. ZENDMAIL cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
16. The client is expected to test fully any application or programming relating to a site developed by ZENDMAIL before being made generally available for use. Where "bugs", errors or other issues are found after the site is live,
17. ZENDMAIL will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
18. Whilst ZENDMAIL offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by ZENDMAIL cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
19. ZENDMAIL reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
20. Domain names will be registered by ZENDMAIL and also registered to the ZENDMAIL current address. Although the domain names are registered to ZENDMAIL, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere,
21. ZENDMAIL will do this within reasonable time. All costs involved in detail changes of domain transfers shall be met by the client.
22. It is the responsibility of the client to renew their domain names when due. If a domain name expires. ZENDMAIL cannot be held liable for this. However, ZENDMAIL will make reasonable effort to contact the client regarding domain renewal.
23. When a client renews “hosting” with ZENDMAIL this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and ZENDMAIL cannot be held liable for this.
24. Whilst ZENDMAIL recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by ZENDMAIL and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
25. The hosting renewal charge must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by ZENDMAIL for reactivating the website / hosting.
26. If the client does not use ZENDMAIL hosting services then the management and hosting of the domain name are the full responsibility of the client.
27. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
28. The hosting service provided by ZENDMAIL is located on a server that is not on our premises. This dedicated server is leased by ZENDMAIL from a 3rd Party provider. Therefore, any unforeseen technical issues with this service is not under our control, however, we will endeavour to fix any ‘external’ issues with our Provider if they arise promptly. Our current uplink time is 99.9%, excluding any form of system maintenance. The ZENDMAIL hosting package is a 'self maintained' hosting package, as the client has full access via the PLESK control panel. This means that the client is responsible for backing up the files contained and setting up all functions from mail accounts to databases. ZENDMAIL simply 'lease' the client the space - how the space is managed is down to the client. ZENDMAIL can take over this responsibility if the client subscribes to a 'Premier Extra' management package. This is when we ensure all of your required functions within the control panel are set up, updated, backed-up and maintained.
29. Advance warning of any scheduled maintenance that is programmed in for our server will be send to you within a respectable timeframe. No guarantees can be made as to the availability or interruption of this service by ZENDMAIL and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss during the maintenance period.
30. If a domain name is purchased by the client through a company other than ZENDMAIL , the client has full responsibility in making sure that the domain name is renewed when due. ZENDMAIL will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than ZENDMAIL, nor will ZENDMAIL be held responsible for DNS changes with a domain name that we have not initiated or manage.
31. ZENDMAIL offer 'management' products for clients in the way of managing and controlling hosting, domain names and also the eNewsletter service. If you are not subscribed to any of these packages, ZENDMAIL can not be held responsible for any client oversight or management issue with regard to hosting set up and control, domain DNS name server management, PLESK control nor any issue with the eNewsletter service.
32. ZENDMAIL will host the website on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If the client is offered hosting with any package this is offered free of charge, no charge has been added to your web design order. If clients are misbehaving including abusive emails and telephone calls, or requesting functionality which we do not offer, ZENDMAIL has the right to not host a site, or terminate hosting without giving notice nor refund. All websites are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on server of their choice.
33. Although ZENDMAIL offer unlimited ‘everything’ – there is a limit. We will initially ‘cap’ your limits and if you seem to be producing a lot of traffic, ZENDMAIL will increase your limits, as long as your ‘site’ is working in harmony on the server in relation to other clients. ZENDMAIL will typically allow a maximum of 500MB of bandwidth allowance per website per month. Should a clients website exceed this limit, ZENDMAIL reserve the right to levy additional charges or insist the client makes arrangements to transfer the hosting and email services to an alternative provider within a reasonable timeframe – if the limits are excessive and the 'harmony' with other clients sites is being effected.
34. ZENDMAIL accepts no responsibility for the configuration and any costs incurred by client.
Payment of Accounts
35. A deposit is required from a new client before any work is carried out. All down payments and deposits received are non refundable. In all cases, website hosting fees and any costs incurred by ZENDMAIL on behalf of the client are payable in advance and are non-refundable.
36. It is ZENDMAIL’s policy that any outstanding accounts for work carried out by ZENDMAIL or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ZENDMAIL. If accounts are not settled or ZENDMAIL have not been contacted regarding the delay, access to the related website may be denied, that includes disabling the website. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be resolved.
37. ZENDMAIL will only commence work on design after 50% payment has been made of the quoted project fee from the client, once the quoted project has been completed the remaining balance becomes due with immediate effect. Unless otherwise agreed by ZENDMAIL, the clients website will not be made live on their selected domain until the agreed account balance is paid in full. Additionally websites will not be transferred to 3rd party hosting providers until the agreed balance is paid in full unless otherwise agreed to by ZENDMAIL. ZENDMAIL reserve the right to remove websites and supporting files if the client breaches any terms relating to the aforementioned individual agreements.
38. It is important that the website is not in any way illegal. ZENDMAIL shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate both legally and ethically within UK law.
39. ZENDMAIL will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong-doing on the part of a site owner.
40. ZENDMAIL reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by ZENDMAIL.
41. ZENDMAIL cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
42. Images purchased by ZENDMAIL on behalf of the client are strictly for use on the website only. ZENDMAIL are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
43. ZENDMAIL cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by ZENDMAIL.
44. Where we have been asked to provide Search Engine Optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
45. ZENDMAIL will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. ZENDMAIL will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
46. ZENDMAIL will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
47. It is the clients responsibility to check with ZENDMAIL that open source software is being used or not.
48. Where applications or sites are developed on servers not recommended by ZENDMAIL, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
49. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by ZENDMAIL or our client.
50. There is an immediate cessation of all current and future warranties where a client has requested from us anything that results in passing the control of a website from ZENDMAIL to the client. This results in ZENDMAIL losing control of the website and changes could be made by the client or their agents. Loss of control by ZENDMAIL can take place if FTP codes and or source codes have been passed to the client. This loss of control can occur in other situations such as where the client has requested placing the website onto a server of their choice and not ZENDMAIL’s server. Under any of these circumstance(s) which results in loss of control by ZENDMAIL then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.
51. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client or ZENDMAIL, they will be the sole responsibility of the client.
52. ZENDMAIL has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute ZENDMAIL endorsement, or approval of the web site or the material contained within the web site. ZENDMAIL has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. ZENDMAIL provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
53. The client must supply all information requested in writing by ZENDMAIL within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by ZENDMAIL and all monies paid may not be refunded. If content is not received within the stipulated time by ZENDMAIL the quote given to the client can be increased or the project cancelled at the discretion of ZENDMAIL .
54. ZENDMAIL are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website from time of delivery onwards.
55. The Company reserves the right to revise and amend an initial quote to a customer where needed.
56. Unless otherwise explicitly agreed and stated, the Company’s responsibility is limited to designing customers’ websites and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer’s website/s once online. The Company reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.
57. The Company uses customers’ material e.g. text, information, photos etc to design customers’ websites. The Company is not responsible for these materials. The use of these websites is at the visitor's or user's own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the customers’ websites nor does it warrant that these websites are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
58. Descriptions of, or references to information, products, services or publications within the customers’ websites do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors.
EXCLUSION OF LIABILITY
59. To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.
UPDATED 17 JUN 10
ANTI-SPAM POLICY
1. Legitimate use of ZENDMAIL includes the sending of recipient solicited graphical newsletters, brochures, promotions, invitations, press releases, product launches and other email campaigns that keep registered customers or members informed.
2. ZENDMAIL does not allow unsolicited commercial email (UCE) or unsolicited bulk email (also known as spam). If the recipient has not verifiably granted deliberate permission to receive the email it can will be classified as UCE or UBE (also known as spam). Verifiably granted deliberate permission is
(a) written or email proof that the recipient has asked to receive the mailing
(b) electronic proof such as a time/date stamp and originating IP address demonstrating that the recipient did agree to receive such email.
The actions ZENDMAIL takes to eliminate spam
3. ZENDMAIL reserves the right to monitor all imported lists and all emails being sent to lists. If a client is found to be using ZENDMAIL to send UCE or UCB, we reserve the right to immediately suspend that client’s ZENDMAIL account.
4. At the point of uploading a list to ZENDMAIL, you must explicitly certify that your lists consist of 100% certifiable opt-in email addresses. ZENDMAIL reserves the right to request such proof and your inability to supply such proof may result in permanent suspension of your account, besides email lists that are purchased from ZENDMAIL, via Data HQ.
5. An abuse link is annexed by ZENDMAIL to the footer of every outgoing email. Any efforts to disable, or interfere with the coding of this link will result in an immediate suspension of the account.
6. ZENDMAIL also reserves the right to monitor the subject matter of client accounts. Any account found to be using false or misleading subject lines or attempting to distribute illegal information will be immediately suspended and reported to the appropriate local authorities.
7. We invite the greater Internet community to provide us with feedback about our client’s use of ZENDMAIL.
Report SPAM abuse
If you believe someone has been sending spam using ZENDMAIL, please send full details to support@zendmail.co.uk.
What you can do to ensure you are not sending UCE or UBE.
Please help the entire internet community by following these guidlelines:
• Do not use purchased lists, unless they are procured from ZENDMAIL.
• Do not send emails to discussion groups and generic email addresses.
• Make sure your subject line and email content do not contain false or misleading information.
• Make sure your list is 100% confirmed opt-in.
• Keep digital or written records showing how you obtained the email addresses on your lists – this includes the sending, recipient solicited graphical newsletters, brochures, promotions, invitations, press releases, product launches and other email campaigns that keep registered customers or members informed.
UPDATED 17 JUN 10
2. ZENDMAIL does not allow unsolicited commercial email (UCE) or unsolicited bulk email (also known as spam). If the recipient has not verifiably granted deliberate permission to receive the email it can will be classified as UCE or UBE (also known as spam). Verifiably granted deliberate permission is
(a) written or email proof that the recipient has asked to receive the mailing
(b) electronic proof such as a time/date stamp and originating IP address demonstrating that the recipient did agree to receive such email.
The actions ZENDMAIL takes to eliminate spam
3. ZENDMAIL reserves the right to monitor all imported lists and all emails being sent to lists. If a client is found to be using ZENDMAIL to send UCE or UCB, we reserve the right to immediately suspend that client’s ZENDMAIL account.
4. At the point of uploading a list to ZENDMAIL, you must explicitly certify that your lists consist of 100% certifiable opt-in email addresses. ZENDMAIL reserves the right to request such proof and your inability to supply such proof may result in permanent suspension of your account, besides email lists that are purchased from ZENDMAIL, via Data HQ.
5. An abuse link is annexed by ZENDMAIL to the footer of every outgoing email. Any efforts to disable, or interfere with the coding of this link will result in an immediate suspension of the account.
6. ZENDMAIL also reserves the right to monitor the subject matter of client accounts. Any account found to be using false or misleading subject lines or attempting to distribute illegal information will be immediately suspended and reported to the appropriate local authorities.
7. We invite the greater Internet community to provide us with feedback about our client’s use of ZENDMAIL.
Report SPAM abuse
If you believe someone has been sending spam using ZENDMAIL, please send full details to support@zendmail.co.uk.
What you can do to ensure you are not sending UCE or UBE.
Please help the entire internet community by following these guidlelines:
• Do not use purchased lists, unless they are procured from ZENDMAIL.
• Do not send emails to discussion groups and generic email addresses.
• Make sure your subject line and email content do not contain false or misleading information.
• Make sure your list is 100% confirmed opt-in.
• Keep digital or written records showing how you obtained the email addresses on your lists – this includes the sending, recipient solicited graphical newsletters, brochures, promotions, invitations, press releases, product launches and other email campaigns that keep registered customers or members informed.
UPDATED 17 JUN 10
PRIVACY POLICY
This privacy statement covers the website www.zendmail.co.uk. Because we want to demonstrate our commitment to your privacy, we have agreed to disclose our information practices.
The information stated below, as in, the way we 'treat' it - reflects our Privacy Policy for the following services:
* eNewsletters
* web hosting
* website design
If you have questions or concerns regarding this statement, you should first contact us through www.zendmail.co.uk. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact Quattro Internet Solutions. Quattro Internet Solutions will then serve as a liaison with us to resolve your concerns.
What information ZENDMAIL gathers and tracks.
1. ZENDMAIL collects three types of information:
a) personal (name, email address and telephone number) or company information that you knowingly disclose when signing up to trial or purchase ZENDMAIL;
b) technologically attained information which is collected using “cookies” or web logs to collect information about how ZENDMAIL is being used by you. Information gather in this way may include date and time of visits, the pages viewed and the time spent at ZENDMAIL;
c) account usage information such as the number of ../site/images/, lists and templates stored on your account and the frequency and size of your mailings.
How to Contact Us
2. If you have any questions about this privacy statement, or would like more information about our company, please contact us at: info@zendmail.co.uk
ZENDELL LIMITED
SUITE 501, INTERNATIONAL HOUSE
223 REGENTS STREET, LONDON
W1B 2QD
This privacy statement was last updated on the 1st December 2010
What ZENDMAIL does with the information it gathers/tracks?
3. We may use your personal information such as your email address for sending updates or promotions about our company or to contact you if requested or necessary in regards to your account. You may at any time opt out of receiving future mailings by using the unsubscribe link provided on those mailings.
4. We may use your IP address to help diagnose problems with our server and to administer our website. Tracking your browser and screen resolution type help us understand your needs related to our website presentation.
5. Monitoring the data stored in your account and volume of emails you send allows us to anticipate product usage and ensure we have sufficient infrastructure in place to provide the expected service for our users.
With whom this site shares information with?
6. We will never share or sell your personal information or any of the information stored within your account (such as ../site/images/, templates and email addresses) with any third parties for their use in any way whatsoever. We may only disclose such information if that disclosure is required by law.
7. We may share aggregate statistics about our customer's traffic patterns and reservations with our suppliers and partners, but these statistics do not include any personally identifying information.
Security
8. ZENDMAIL will follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We cannot however guarantee total or absolute security, as no method of transmission over the Internet, or method of electronic storage, is 100% secure. As part of our commitment to you, the customer, ZENDMAIL will strive to implement and use any commercially acceptable means available to protect your personal information. As such ZENDMAIL conforms to industry security standards to protect user information form virus attacks and hacking attempts. We use the latest product releases from Microsoft and other companies to ensure our systems always rate good against industry standards. Our operating systems and software are always up to date with the latest security patches and updates.
9. Firewalls are used extensively to protect data by opening only the necessary channels to the necessary entities on our servers. This means that if a PC/MAC or location does not need to have access to our servers for our system to work properly, they will not be able to contact that server. This greatly reduces the chances of hackers being able to penetrate our system. We use the latest AntiVirus software to scan our servers in real time against any suspicious files and/or traffic. Virus definitions are updated multiple times per day.
10. All our software runs on RAID hard drives to prevent downtime in the event of hardware failure. We also protect our data from hardware failure or disaster events by running daily backups.
11. All employees sign a privacy agreement when they join ZENDMAIL that prevents them from using, disclosing or selling any user information.
12. If you have any questions about security on our Web site, you can send email us at info@zendmail.co.uk
Cookies
13. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. ZENDMAIL uses cookies on this site.
14. ZENDMAIL uses two types of website generated cookies: session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file, or alternatively select “Tools” from your browser menu, select “Options” and “Privacy” and then clear your privacy data and cookies in the process.
15. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
16. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
17. ZENDMAIL uses 2 types of third party cookies from Google Analytics and Provide Support. The first lets us determine how users interact with our site, helping ZENDMAIL in the process to better tailor our service to your needs. The second type of cookie is a conversion cookie allowing us to track the effectiveness and cost to conversion ratio of our search engine cost per click advertising. The second type of cookie allows ZENDMAIL to link this cookie information to your personally identifiable information you submit while on our site, with the express purpose to use this information to tailor our marketing material and efforts.
18. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies.
19. In order to best provide you with a service we do link the information we store in cookies to any personally identifiable information you submit while on our site.
20. This privacy statement covers the use of cookies by www.zendmail.co.uk and it's Country specific websites only and does not cover the use of cookies by any advertisers.
Personal Identifiable Information (PII)
21. Personally identifiable information or personally identifying information (PII) is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person.
22. ZENDMAIL will never share or sell your personal information or any of the information stored within your account (such as ../site/images/, templates and email addresses) with any third parties for their use in any way whatsoever. We may only disclose such information if that disclosure is required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
23. We may share aggregate statistics about our customer's traffic patterns and reservations with our suppliers and partners, but these statistics do not include any personally identifying information.
24. Our policy on correcting and updating personally identifiable information is as follows: ZENDMAIL gives you as much control as possible over your personal information. You have the option to register with us for use of our services. You can update your personal information, subscriptions or service package at any time. To update your PII all you need to do is login to your account, select the Setup and Options tab on the left hand navigation bar and make the necessary changes.
25. PII Information collected is purely for the purposes of identifying users and account purposes. No PII is collected through any tracking technologies. But website user data generated from tracking technologies are tied into PII for the sole purpose of better understanding the effectiveness of marketing campaigns. This data is in turn used to identify potential target markets, to streamline communications to clients and prospective clients and to aid in the development of a better product. The information collected through tracking technologies include: search behaviour, site traffic, time on site, referring ad campaigns and information on drop off points of traffic.
Service Providers
PayPal, WorldPay and Secure Trading
26. We use mainly PayPal and their credit card services - as they are respected and secure. They are a online payment gateway which make subscribing and purchasing quick and easy for our clients. Payment details are encrypted and sent to the payment secure trading processing gateway. The gateway is a secure server link with PayPal, with an 'https' URL prefix representing secure, rather than an 'http' prefix. All payments are linked and identified to a transaction ID, but when a client selects to subscribe for a monthly subscription this subscription is identified and linked to a unique ID. This unique ID is used to initiate recurring payment. Within the unique ID the particulars of the client is viewable such as when the subscription [date, time] was made as well as the client name, address, contact no. and number payments made.
27. The information obtained from clients at payment is not stored by ZENDMAIL. These confidential details [credit card details] are stored only at the Merchant bank (PayPal), therefore ZENDMAIL does not have access to these details. PayPal notifies us of payment failures, warnings and cautionary payments and credit card expires. The link between PayPal and ZENDMAIL will automatically suspend clients when payment has failed and this is done by a warning both from PayPal and ZENDMAIL. Should the client wish to upgrade or down grade their subscription the existing and present unique ID is cancelled and a new unique ID is allocated to the subscription. Clients can cancel at anytime from directly within their PayPal account. The unique ID is then cancelled and this will end all recurring payments.
28. These third parties are prohibited from using your personally identifiable information for any other purpose.
Google Analytics
29. ZENDMAIL uses Google Analytics to learn which online marketing initiatives are cost effective and see how visitors actually interact with our your site. Make informed site design improvements, drive targeted traffic, and increase your conversions and profits.
ZENDMAIL SMS
30. The ZENDMAIL SMS/Text sending facility is covered by this privacy statement whereby ZENDMAIL warrants that it does not share, sell, rent, or trade PII, including mobile telephone numbers stored within the ZENDMAIL clients' datasets, with any third parties for their promotional purposes. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
31. The Short Message Service - Point to Point, SMS-PP, as defined in Global Systems for Mobile communication standard, recommendation 03.40, as used for sending Text/SMS messages by the ZENDMAIL Text/SMS service, does not provide for an unsubscribe mechanism. Recipients of unwanted information sent to them through the ZENDMAIL system by way of text/SMS should email abuse@zendmail.co.uk stating the message content in the SMS. Within 72 hours of receipt their mobile telephone number will be added to the block list of the sending account.
32. This privacy statement applies only to information collected by ZENDMAIL.
Service-Related Announcements
33. In situations deemed necessary ZENDMAIL will send you strictly service-related announcements, i.e. if our service is temporarily suspended for maintenance, we may send you an email informing you of this situation.
34. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Changes in this Privacy Statement
35. ZENDMAIL reserves the right to change our privacy policy statement at anytime. If and when we do make changes we will notify you of these changes. ZENDMAIL will use any or a combination of the following means to notify you of these changes: email notices, notices will be made available on your account news page, the login page and any other area of the site deems ZENDMAIL necessary to make you aware of these changes. This will be done with the express purpose to make you aware of the type of information we collect, how we intend using it, and under what circumstances if any we intend disclosing this information. All notices will be made available 30 days prior to being implemented.
36. ZENDMAIL reserves the right to modify our privacy statement at anytime, so please review this statement on a regular basis.
UPDATED 17 JUN 10
The information stated below, as in, the way we 'treat' it - reflects our Privacy Policy for the following services:
* eNewsletters
* web hosting
* website design
If you have questions or concerns regarding this statement, you should first contact us through www.zendmail.co.uk. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact Quattro Internet Solutions. Quattro Internet Solutions will then serve as a liaison with us to resolve your concerns.
What information ZENDMAIL gathers and tracks.
1. ZENDMAIL collects three types of information:
a) personal (name, email address and telephone number) or company information that you knowingly disclose when signing up to trial or purchase ZENDMAIL;
b) technologically attained information which is collected using “cookies” or web logs to collect information about how ZENDMAIL is being used by you. Information gather in this way may include date and time of visits, the pages viewed and the time spent at ZENDMAIL;
c) account usage information such as the number of ../site/images/, lists and templates stored on your account and the frequency and size of your mailings.
How to Contact Us
2. If you have any questions about this privacy statement, or would like more information about our company, please contact us at: info@zendmail.co.uk
ZENDELL LIMITED
SUITE 501, INTERNATIONAL HOUSE
223 REGENTS STREET, LONDON
W1B 2QD
This privacy statement was last updated on the 1st December 2010
What ZENDMAIL does with the information it gathers/tracks?
3. We may use your personal information such as your email address for sending updates or promotions about our company or to contact you if requested or necessary in regards to your account. You may at any time opt out of receiving future mailings by using the unsubscribe link provided on those mailings.
4. We may use your IP address to help diagnose problems with our server and to administer our website. Tracking your browser and screen resolution type help us understand your needs related to our website presentation.
5. Monitoring the data stored in your account and volume of emails you send allows us to anticipate product usage and ensure we have sufficient infrastructure in place to provide the expected service for our users.
With whom this site shares information with?
6. We will never share or sell your personal information or any of the information stored within your account (such as ../site/images/, templates and email addresses) with any third parties for their use in any way whatsoever. We may only disclose such information if that disclosure is required by law.
7. We may share aggregate statistics about our customer's traffic patterns and reservations with our suppliers and partners, but these statistics do not include any personally identifying information.
Security
8. ZENDMAIL will follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We cannot however guarantee total or absolute security, as no method of transmission over the Internet, or method of electronic storage, is 100% secure. As part of our commitment to you, the customer, ZENDMAIL will strive to implement and use any commercially acceptable means available to protect your personal information. As such ZENDMAIL conforms to industry security standards to protect user information form virus attacks and hacking attempts. We use the latest product releases from Microsoft and other companies to ensure our systems always rate good against industry standards. Our operating systems and software are always up to date with the latest security patches and updates.
9. Firewalls are used extensively to protect data by opening only the necessary channels to the necessary entities on our servers. This means that if a PC/MAC or location does not need to have access to our servers for our system to work properly, they will not be able to contact that server. This greatly reduces the chances of hackers being able to penetrate our system. We use the latest AntiVirus software to scan our servers in real time against any suspicious files and/or traffic. Virus definitions are updated multiple times per day.
10. All our software runs on RAID hard drives to prevent downtime in the event of hardware failure. We also protect our data from hardware failure or disaster events by running daily backups.
11. All employees sign a privacy agreement when they join ZENDMAIL that prevents them from using, disclosing or selling any user information.
12. If you have any questions about security on our Web site, you can send email us at info@zendmail.co.uk
Cookies
13. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. ZENDMAIL uses cookies on this site.
14. ZENDMAIL uses two types of website generated cookies: session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file, or alternatively select “Tools” from your browser menu, select “Options” and “Privacy” and then clear your privacy data and cookies in the process.
15. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
16. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
17. ZENDMAIL uses 2 types of third party cookies from Google Analytics and Provide Support. The first lets us determine how users interact with our site, helping ZENDMAIL in the process to better tailor our service to your needs. The second type of cookie is a conversion cookie allowing us to track the effectiveness and cost to conversion ratio of our search engine cost per click advertising. The second type of cookie allows ZENDMAIL to link this cookie information to your personally identifiable information you submit while on our site, with the express purpose to use this information to tailor our marketing material and efforts.
18. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies.
19. In order to best provide you with a service we do link the information we store in cookies to any personally identifiable information you submit while on our site.
20. This privacy statement covers the use of cookies by www.zendmail.co.uk and it's Country specific websites only and does not cover the use of cookies by any advertisers.
Personal Identifiable Information (PII)
21. Personally identifiable information or personally identifying information (PII) is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person.
22. ZENDMAIL will never share or sell your personal information or any of the information stored within your account (such as ../site/images/, templates and email addresses) with any third parties for their use in any way whatsoever. We may only disclose such information if that disclosure is required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
23. We may share aggregate statistics about our customer's traffic patterns and reservations with our suppliers and partners, but these statistics do not include any personally identifying information.
24. Our policy on correcting and updating personally identifiable information is as follows: ZENDMAIL gives you as much control as possible over your personal information. You have the option to register with us for use of our services. You can update your personal information, subscriptions or service package at any time. To update your PII all you need to do is login to your account, select the Setup and Options tab on the left hand navigation bar and make the necessary changes.
25. PII Information collected is purely for the purposes of identifying users and account purposes. No PII is collected through any tracking technologies. But website user data generated from tracking technologies are tied into PII for the sole purpose of better understanding the effectiveness of marketing campaigns. This data is in turn used to identify potential target markets, to streamline communications to clients and prospective clients and to aid in the development of a better product. The information collected through tracking technologies include: search behaviour, site traffic, time on site, referring ad campaigns and information on drop off points of traffic.
Service Providers
PayPal, WorldPay and Secure Trading
26. We use mainly PayPal and their credit card services - as they are respected and secure. They are a online payment gateway which make subscribing and purchasing quick and easy for our clients. Payment details are encrypted and sent to the payment secure trading processing gateway. The gateway is a secure server link with PayPal, with an 'https' URL prefix representing secure, rather than an 'http' prefix. All payments are linked and identified to a transaction ID, but when a client selects to subscribe for a monthly subscription this subscription is identified and linked to a unique ID. This unique ID is used to initiate recurring payment. Within the unique ID the particulars of the client is viewable such as when the subscription [date, time] was made as well as the client name, address, contact no. and number payments made.
27. The information obtained from clients at payment is not stored by ZENDMAIL. These confidential details [credit card details] are stored only at the Merchant bank (PayPal), therefore ZENDMAIL does not have access to these details. PayPal notifies us of payment failures, warnings and cautionary payments and credit card expires. The link between PayPal and ZENDMAIL will automatically suspend clients when payment has failed and this is done by a warning both from PayPal and ZENDMAIL. Should the client wish to upgrade or down grade their subscription the existing and present unique ID is cancelled and a new unique ID is allocated to the subscription. Clients can cancel at anytime from directly within their PayPal account. The unique ID is then cancelled and this will end all recurring payments.
28. These third parties are prohibited from using your personally identifiable information for any other purpose.
Google Analytics
29. ZENDMAIL uses Google Analytics to learn which online marketing initiatives are cost effective and see how visitors actually interact with our your site. Make informed site design improvements, drive targeted traffic, and increase your conversions and profits.
ZENDMAIL SMS
30. The ZENDMAIL SMS/Text sending facility is covered by this privacy statement whereby ZENDMAIL warrants that it does not share, sell, rent, or trade PII, including mobile telephone numbers stored within the ZENDMAIL clients' datasets, with any third parties for their promotional purposes. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
31. The Short Message Service - Point to Point, SMS-PP, as defined in Global Systems for Mobile communication standard, recommendation 03.40, as used for sending Text/SMS messages by the ZENDMAIL Text/SMS service, does not provide for an unsubscribe mechanism. Recipients of unwanted information sent to them through the ZENDMAIL system by way of text/SMS should email abuse@zendmail.co.uk stating the message content in the SMS. Within 72 hours of receipt their mobile telephone number will be added to the block list of the sending account.
32. This privacy statement applies only to information collected by ZENDMAIL.
Service-Related Announcements
33. In situations deemed necessary ZENDMAIL will send you strictly service-related announcements, i.e. if our service is temporarily suspended for maintenance, we may send you an email informing you of this situation.
34. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Changes in this Privacy Statement
35. ZENDMAIL reserves the right to change our privacy policy statement at anytime. If and when we do make changes we will notify you of these changes. ZENDMAIL will use any or a combination of the following means to notify you of these changes: email notices, notices will be made available on your account news page, the login page and any other area of the site deems ZENDMAIL necessary to make you aware of these changes. This will be done with the express purpose to make you aware of the type of information we collect, how we intend using it, and under what circumstances if any we intend disclosing this information. All notices will be made available 30 days prior to being implemented.
36. ZENDMAIL reserves the right to modify our privacy statement at anytime, so please review this statement on a regular basis.
UPDATED 17 JUN 10