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Terms of Service

Email Marketing

Service Usage

• A minimum of 6 Campaigns must be sent
• Must send at least 1 campaign per month

Supply of Services

• Oxred Media will not disclose any personal data to any business, organisation or individual without the Client's prior express consent, unless required or permitted by law.
• Oxred Media uses a third party to: host the application servers and to provide communication services. That third party undertakes to provide its services at or above industry standards. Accordingly, Oxred Media does not warrant that the Services will be uninterrupted, error, bug or virus free or that the delivery or emails will be without delay.
• The Client is the data controller in respect of any personal data that Oxred Media processes in the course of providing Services. The personal data is derived from that provided by the Client and is not checked or monitored by Oxred Media and, accordingly, Oxred Media cannot be held liable or responsible for the accuracy, contents or use of such personal data. The Client owns any personal data stored within Oxred Media.
• Oxred Media contracts a third party to store data (including personal data) and back it up. Whilst that third party is obliged to carry out back-ups at regular intervals (at least daily), the Client must to make its own interim back-ups of such data, particularly if it adds a significant amount of data over a short time period. Oxred Media shall have no liability for any loss or damage, however caused, arising from any loss of such data.
• Oxred Media reserves the right to gather, process and publish anonymous statistics on aggregate delivery and open rates and other campaign statistics. These statistics are produced on an aggregate basis across all clients, for the purposes of quality control and allowing clients to compare their performance across their particular industry. The gathering of these statistics will not require processing of any personal data.

Service Charges

• The Client shall pay the Charges for the Services in accordance with the payment terms agreed with Oxred Media and with payment made in pounds Sterling.
• Oxred Media may alter the level of Charges or the Charges payment terms from time to time on not less than 30 days' written notice. Within 30 days of receiving such notice the Client may notify Oxred Media in writing that it wishes to terminate this Agreement with effect from the date of any proposed change in the Charges. Oxred Media may then either terminate this Agreement or withdraw its notice. If no such notice is received, the Client shall be deemed to have accepted the changes made by Oxred Media.
• Oxred Media will invoice the Charges each month on the Payment Day for the month concerned. The invoice shall be sent to the Client by email, detailing the minimum payment in advance for the following month and any payments due over the minimum payment for the previous month.
• All charges quoted to the Client shall be exclusive of VAT which Oxred Media shall add to its invoices at the appropriate rate;
• Payment of the Charges may be made by cheque or bank transfer.
• The Client shall pay each invoice submitted to it by Oxred Media, in full and in cleared funds, within 7 days of the date of each invoice. NO payment shall be deemed to have been made until Oxred Media has received cleared funds.

Termination

• Termination can only be achieved after the client has satisfied the Service Usage Terms
• The term of the agreement is a minimum of 6 months or 6 campaigns, whichever is the earliest.  Any client wishing to cancel must serve at least 28 days notice prior to the contract anniversary.
• On Termination of agreement, all client data will be exported from our database in CSV format and sent be email to client

Client Obligations

• It is essential that the reputation of the Services and the Oxred Media brand remain undamaged accordingly, it is a condition of this Agreement and the provision of the Services by Oxred Media that the Client does not (a) in the sole opinion of Oxred Media, use the Services so as to bring the service into disrepute or otherwise bring the Services or Oxred Media into disrepute; or (b) use the Services to send unsolicited, or unauthorised advertising, promotional material, “junk mail”, “spam” or any other form of solicitation to any data subjects or third party; or (c) use the Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortuous, indecent, obscene, libellous, menacing or invasive of another persons privacy; or (d) use the Services in a manner which infringes the Intellectual Property, proprietary or personal rights of any third party, including data subjects; or (e) misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or (f) attempt to gain unauthorised access to the Site or Services, the server on which the Site or Services are stored or any server, computer or database connected to the Site or Services; or (g) attack the Site or Services via a denial-of-service attack or a distributed denial-of service attack.
• The Client will keep its password and other access details for use with the Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The Client shall notify Oxred Media immediately it believes that such information is no longer secret. The Client is solely responsible for all activities that occur under the Client’s password or account.

Oxred Media 's Warranties and Liability

• Oxred Media warrants to the Client that the Services will be provided using reasonable care and skill.
• Nothing in this Agreement shall limit or exclude either parties' liability for death or personal injury howsoever caused or for fraud.
• Oxred Media shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Material which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form.
• Oxred Media shall not be liable to the Client by reason of any representation (unless fraudulent), or any duty at common law, or under the express terms of this Agreement, for (a) loss of profit, (b) loss of revenue, (c) loss of savings or anticipated savings, (d) loss of data, (e) loss of use of software or data, (f) loss or waste of management or staff time, (g) any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Oxred Media, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client.
• Without prejudice to clause 8.2, the entire liability of Oxred Media under or in connection with this Agreement shall not exceed the amount of the Charges received by Oxred Media from the Client in the preceding 12 months.
• The entire risk as to use and performance of the Services and Materials or the information therein or derived therefrom is with the Client. Accordingly, Oxred Media does not warrant that the Services or Materials will meet the Client’s requirements. Except as expressly stated in this Agreement, the Services and Materials are provided on an "AS IS" basis only. Accordingly and to the maximum extent permitted by applicable law, Oxred Media hereby disclaim all warranties and conditions, whether express, implied or statutory, regarding the Services and Materials, including, but not limited to, any warranty of merchantability, satisfactory quality or fitness for a particular purpose and non-infringement of third party rights.
• Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liability. Accordingly, some of the warranties, limitations and exclusions may not apply to the Client.    

Force Majeure  

Neither party shall be responsible to the other party in circumstances where some or all of the obligations under this Agreement cannot be performed due to circumstances outside the reasonable control of the defaulting party, including an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, failure of communication facilities, default of suppliers or sub-contractors, or the inability to secure computer processing facilities (including those of the necessary quality or security), obtain materials or supplies and, in all cases, the inability to do so except at increased prices (whether or not due to such causes). However, if such circumstances persist for more than 28 days, the non-defaulting party may terminate this Agreement and all Charges due to Oxred Media up to the date of termination shall become due.