Changes to our legal policies:

We may change our legal Policy at any time and from time to time.

General:

The Client must approve the last version of the emails before they are mailed-out.

Our Company acts solely as an agent of the Client and acts as a vehicle to send out emails on behalf of the Client.

Under no circumstances shall the Company be responsible for the content in the email.

The Client shall hold the Company harmless of any loses, including attorney fees or any legal action that may arise due to the contents of the emails or the act of sending the emails.

If as a result of our Client-Company relationship we file an action against a Client claiming it breached these Terms and the Company prevails, it will be entitled to recover reasonable attorney fees and any damages or other relief that the Company may be awarded.

Limitation of Liability:

To the maximum extent permitted by law, the Client assumes full responsibility for any loss that results from the use of our services. The Company shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence of our part.

Our total liability for all claims made about our service will be no more than what our Client paid us for the service.

Privacy Policy:

Clients Information:

We do not share our client's information with any other party including but not limited to companies, organizations or Government agencies without the consent of the Client unless we are prompted to meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, tax collection Government agencies requirements and other appropriate legal mechanisms or to defend ourselves in a legal action.

Information that the Client might wish to include in the emails is considered as public and shall not be handled as private or confidential.

We may use said information to contact our Clients.

We do not share specific information or results from a Client's campaign with other Clients or the public in general that might allow to identify said Client without the Client's consent. However, the Company reserves the right to share general information and statistics provided that said information does not identify the Client.

Client's information that we obtain from sources other than the Client is not considered as private: This includes information that we might get from a Client as a result of an email campaign for another Client.

From time to time we may obtain information about our Clients or our email recipients from third party sources, such as public databases, social media platforms, third party data providers and marketing partners. Information thus gathered shall not be considered as private.

We may use Client's information to enhance our ability to provide relevant marketing and content to all of our Clients, and to improve our services as long as the information does not allow the identification of our Clients without their consent.

Emails and Website:

We monitor who opens the emails, who clicks the embedded links and other information using 'web beacons', which is a legal and widely used practice. This information is used to measure the performance of our email campaigns and to improve our services. We use the data in the reports we present to our Clients. The reports include email recipient's information that is publicly accessible but they do not include the recipients email addresses.

Surveys: When we carry out a survey on behalf of a Client, we do not provide any specific information that might allow the Client to track down the surveyed individuals.

Important Notices:

- We do not mail out any type of illegal code, malware, virus, or any software designed to control the recipient's computer. We do not engage in spoofing or phishing.

- We do not mail-out campaigns promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content.

Spam Policy:

We only send emails to recipients who have made their emails intentionally public (Implicit Consent, see Section 6.9.b) or have registered with us. Clients are automatically added to our database.

We adhere to the guidelines set in the USA CAN-SPAM regulations.

Before a mail out, we subject our emails to no-spam validation sites to minimize the possibility that they be characterized as spam.

Recipients who upon receiving an email click the "Unsubscribe" link shall not be included in any further emails corresponding to that specific campaign. However, since they might be interested in other topics, they might be included in other campaigns mail-outs.

We do not allow campaigns on behalf of other parties without the consent of the party on whose behalf the campaign is to take place.

Clients located within the European Union must make sure that they are compliant with the EU General Data Protection Regulation (GDPR).This is the Client's responsibility since we are distributing the information on our Clients behalf.

If you are located within the European Union and you intend to carry out a survey, you must clearly describe in the email how you plan to use the data collected, as well as the use of our service if we are hired to design the survey for the Client.

If you are using our services to circulate a survey of your design, you must state in the email to be distributed that any collected personal information shall be handled as private and proceed accordingly.

Quotes:

We quote campaigns based on an estimation of the email recipients plus a set-up charge that may vary from one campaign to the next. We calculate the estimated number of emails using the "Email number estimator" tool in the TOOLS page, which is publicly accessible, using the set of keywords provided by the Client.

The actual number of recipients often varies from the estimate. In addition, the number of inactive or terminated email addresses is also unknown. Furthermore, we cannot forecast the number of recipients who will open the email or read it and we cannot anticipate the number of recipients who will click the link to the target page in the email. Therefore, we offer no guarantees or performance estimates for any campaign.

If the actual number of sent emails is larger than the estimated number of emails, we will absorb the difference. If the actual number of sent emails is smaller than the estimated number of emails, the Client will absorb the difference.

Engaging our services:

A contract between a Client and the Company becomes effective when:

1. The Client places an order at: ORDER, or
2. the Client agrees by email to engage our services, or
3. the Client makes the payment for a campaign effective.

Reports:

Within 14-21 days of the last mail-out in a campaign, we shall issue a report to the Client with the following information:

1. Total number of emails sent out during the campaign. If the campaign includes more than one mail-out, this number will be the aggregate of all the emails sent (unique + repeats).
2. Number of unique recipients.
3. Estimated number of emails opened by the recipients (this is usually largely underestimated due to recipients email program settings).
4. Estimated number of recipients who clicked the link in the email to view the target page (includes repeats by recipients who clicked the link and visited the target page more than once).
5. An Excel® file with the first name, last name and the institution's name and address of those recipients who clicked the link in the email to go to the target page. See a report example.

Timing obligations and refunds:

1. The campaign shall be conducted within the time frame agreed upon with the Client.
2. The time frame agreed upon shall specify the starting date as well as the dates of following mail outs and the number of mail outs.
3. Upon the results of the first round of emails, the Client and the Company may agree to introduce changes to improve the campaign. However, the Company shall be under no obligation to make those changes effective. If both parties agree in introducing changes, the Company shall have the right, with the consent of the Client, to charge for the additional cost of introducing the changes.
4. The Company shall have the flexibility to do the mail outs within a week leeway around the agreed upon dates, with the exception of Survey Campaigns, in which case the leeway shall be 72 hours.
5. If the timing limitations agreed upon are not respected, then, at the request of the Client, the Company shall reimburse the Client the prorated amount corresponding to future mail-outs. For clarification purposes, if the Company is hired to perform a campaign consisting of 4 mail-outs and the Company fails to deliver on time the 3rd mail-out, and the Client decides, for that reason, to cancel the campaign, then the Company shall reimburse the Client, 50% of the amount paid. If the Company fails to deliver the 4th mail-out on time, and the Client decides to cancel the campaign for that reason, then the Company shall reimburse 25% of the total amount paid.

If the Company reimburses the Client due to non-compliance with the time frame agreed upon, or due to any other reason, the Company shall not have any further obligation to continue the campaign or refund any amounts other than those specified in this section.

Force Majeure:

The Company shall not be held liable for any delays or failure in performance of any part of our services from any cause beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, and actions by hackers or Internet service providers including slow connections to external email servers.

Payments:

We accept wire drafts or credit cards and PayPal® payments. Credit cards payments are done via a secure third party (PayPal®). The Company shall not be liable for any loses or damages that the Client might suffer related to the payment via the third party. Anyone paying with a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected.

Payments are final. We do not issue refunds other than those specified herein.

Notices:

All communications shall be done using the email system in our web site and they shall become legally effective 48 hours following acknowledgement of receipt by our web site system.

Jurisdiction:

Any dispute related to the terms herein, the Privacy Policy, or the service itself shall be decided by the courts of the Province of British Columbia, Canada, and each and all party will be subject to the jurisdiction of those courts.

Send us an email with your questions.