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Terms for MarketingPlatform

PDF version available here

 

1. Background and purpose
2. Subscription Conditions
3. Subscriptions
4. Payment
5. Warranty
6. Termination and other Terms
7. Use of the MarketingPlatform System
8. Anti-Spam Policy
9. Disclaimer
10. Confidentiality
11. References
12. Server Operation
13. Venue
14. Certification Terms & Anti-spam Policy

1. Background and purpose

MarketingPlatform ApS is a Danish e-marketing automation platform: it is a system which can be used to send out newsletters. MarketingPlatform ApS sells subscriptions and is solely intended for use by business owners, foundations, and associations.

Once an agreement has been entered into with MarketingPlatform, the agreement is binding. The customer acquires a non-transferable, non-exclusive, and continuous right to use the system supplied by MarketingPlatform in accordance with the applicable terms and subscription conditions. However, the agreement on the use of the system does not grant ownership of the system. All proprietary right remains with MarketingPlatform or its third-party suppliers.

The customer must keep MarketingPlatform informed of any changes, so addresses, contact details and billing information can be kept up to date.

On entering into this agreement, the customer accepts MarketingPlatform’s terms, subscription conditions, data processing agreement, anti-spam policy and certification terms. MarketingPlatform may change the terms and subscription conditions with three months’ notice.

We care very much about our excellent delivery performance, so we recommend that you read our subscription conditions carefully.

Public bodies have approved MarketingPlatform as a processor for their data. This means that we may store sensitive personal data, such as personal IDs (CPR numbers), in conjunction with identifiable personal data.

 

2. Subscription conditions

Current prices can be found on our website at https://marketingplatform.com/pricing

All prices stated are for an ongoing subscription, per month, in relevant national currency, excluding VAT.

MarketingPlatform reserves the right not to set up the subscription until it has been paid for online, or the information necessary to send an invoice has been received. Trial subscriptions are set up immediately following approval of the information provided.

 

3. Subscriptions

We offer free support for all subscriptions. Free support means that we offer support via telephone, e-mail, and online chat, free of charge. This support includes guidance on the use of the system. However, the Professional package does not include free telephone support.

MarketingPlatform has many advanced features where we need in-depth knowledge of the individual customer’s data. Here, our professional team of onboarders and specialists can step in and help where normal support would usually end.

MarketingPlatform assesses and provides information on a case-by-case basis if an issue cannot be resolved by our free support desk.

We offer assistance with customising forms, changing designs, etc. and bill for time spent on the task at our current hourly rates for consulting services. We always make a specific agreement before we start paid work on a project.

A discreet “Sent by MarketingPlatform” message can be found at the bottom of all e-mails sent by the system. Subscribers who have over 7,500 contacts can have this function disabled by contacting our support team.

Any support provided outside normal business hours is charged at double the hourly rate for consulting services. This is billed per commenced hour.

Naturally, all systems are monitored 24/7/365, and any errors are rectified as soon as possible, and at no expense to the individual customer.

 

4. Payment

We invoice quarterly in advance, and payment must be received within eight days. If the invoice is to be sent via regular post, an additional fee will be charged. It is possible for public companies and groups to obtain longer payment deadlines. We prefer payment by NETS vendor service or credit card. FI codes from invoices received can also be used for payment.

Subscription fees are billed separately from any consulting services or other work.

If payments are not made on time, interest on the arrears is charged from the payment due date at a rate of 2% per month commenced.

If a customer has overpaid, e.g. by paying twice, MarketingPlatform will normally return the amount within 14 business days.

In case of non-payment:

1st reminder: Reminder of non-payment
2nd reminder: All sending from the platform is blocked
3rd reminder: The non-payment will be sent to debt collection

 

5. Warranty

It is important that the customer verifies that the system meets the standard which has been agreed upon, immediately after conclusion of the agreement. If the system that MarketingPlatform provides does not meet the standard which has been agreed upon, the customer must immediately lodge a complaint. The complaint must be submitted in writing, and must include a specification of the defects for which the complaint is being made. If the customer does not lodge the complaint immediately after the defect is or should have been noted, the customer will forfeit their right to lodge a complaint concerning the defect. It should be noted that MarketingPlatform supplies a standard system.

MarketingPlatform reserves the right to remedy the defect if the complaint is justified and timely. The customer may not make other claims against MarketingPlatform and may not claim compensation of any kind. MarketingPlatform ApS is not liable for any direct or indirect losses resulting from the defect.

 

6. Termination and other terms

All subscriptions can be terminated with a notice period of 4 months to the end of a month. Notice must be submitted in writing and must be confirmed in writing by MarketingPlatform. E-mail is accepted as a means of written communication.

The subscription period follows the calendar month and is adjusted accordingly for the first billing after the subscription has been created.

We reserve the right to raise the subscription-rate annually from January 1 in line with the net price index to a maximum of 5%.

The subscription can always be upgraded from day to day to a larger package. Downgrade of the subscription follows the cancellation notice. If the number of contacts exceeds the maximum agreed upon, the subscription is automatically upgraded to a larger package and a new subscription period is started, which is also invoiced.

MarketingPlatform reserves the right to adjust prices with a notice period corresponding to that of termination of a subscription. General price increases will be announced via the website and newsletters.

MarketingPlatform will not refund prepaid subscription fees, even if the subscription is terminated with immediate effect. In the event of operational problems, or other problems with maintaining the operation of the product, MarketingPlatform will not refund the prepaid subscription fee.

MarketingPlatform reserves the right to terminate a subscription, in writing and without giving reasons, by giving one year’s notice to the customer. Upon termination with one year’s notice, prepaid subscription fees exceeding one year will be repaid to the customer. If MarketingPlatform terminates the agreement due to customer data quality, sending spam or distributing campaigns contrary to regulations or legislation, the customer will not be entitled to any refund.

MarketingPlatform reserves the right, without notice, to end a subscription if a customer violates MarketingPlatform’s terms and/or subscription conditions. Immediately after terminating the subscription, MarketingPlatform will send the customer a written justification for this. Where a customer is a nuisance to other MarketingPlatform customers, this will be regarded as misuse of MarketingPlatform’s services. Violations can always lead to termination of the subscription. MarketingPlatform will determine what constitutes misuse in every case.

When a subscription is cancelled, all the customer’s data will be deleted within 30 days of the subscription period ending. Under the data processing agreement between the parties, the customer can request evidence that this has been done.

If e-mails are sent to more recipients than covered by the subscription, or the number of e-mails exceeds the maximum number agreed, the subscription will be automatically upgraded and a new quarterly invoice will be issued, with the amount of the previous prepaid agreement being deducted. In exceptional cases, there may be retroactive billing of extra usage. Billing will always be in line with the subscription period.

 

7. Use of the MarketingPlatform System

MarketingPlatform provides a system where the customer can create and send e-mails and SMS campaigns to the contacts that the customer has legally obtained permission to send to. To send e-mails using the MarketingPlatform system, the customer must have a list of permission-based, opt-in e-mail addresses, or they must build a list using an MarketingPlatform service. By sending e-mails or SMS campaigns using MarketingPlatform, the customer warrants that the content of the campaign is true and in accordance with the applicable law.

MarketingPlatform reserves the right to cancel and delete an e-mail or SMS campaign that violates the applicable law at the time. The campaign must comply with both Danish law and the law of a potential recipient’s country. MarketingPlatform accepts no liability for any direct, indirect, or consequential damages that occur as a result of a campaign being deleted.

MarketingPlatform is exempt from all indirect and/or direct requirements that may arise from the customer using the system supplied by MarketingPlatform.

All e-mails sent must include the option to unsubscribe. We recommend using e-mail opt-out, which means the subscriber does not need to use a login and/or password to unsubscribe from further e-mails.

E-mail recipients will automatically be unsubscribed in a “feedback loop” if the recipient marks an e-mail as junk, spam or otherwise unwanted message and the e-mail is received on an e-mail system that supports feedback loops.
E-mail recipients are automatically deactivated (unsubscribed) after one hard rejection or a total of three soft rejections. These are also called hard and soft bounces. More information about email bounce codes and rules in the following article: https://marketingplatform.com/resources/email-bounce-codes-and-rules/

If exceptional circumstances arise, for example, if MarketingPlatform is used for internal communication within a company, the option to opt out can be removed. The company must use an appropriate e-mail server that complies with a range of specific requirements, and an individual agreement about this must have been made with MarketingPlatform ApS.

In using a system provided by MarketingPlatform, the customer gives MarketingPlatform permission to copy and/or store user data, content, contact lists and other information. MarketingPlatform will not use user data, contact lists or other user information for purposes other than those stated in the customer’s instructions concerning the processing of data and will in no way infringe upon privacy. All data stored on a server at MarketingPlatform ApS for a given customer belongs exclusively to the customer. No other parties except the customer and MarketingPlatform ApS have access to the stored data.

Some MarketingPlatform ApS servers are physically located in Copenhagen, in a multi-award-winning TIER-III + data centre with ISO 22301 (Business Continuity Management) and ISO 27001 (Information Security Management) accreditation. MarketingPlatform also has servers located at Google’s European Data Centre, as described under point 12. Server Operation.

Mandatory requirements for clear identification of the e-mail sender:

    • The e-mail sender must be clearly identified on all e-mails sent by our customers
    • The following information is mandatory and must be shown on all e-mails:
        • The legal name of the company sending the e-mails
        • The geographical address of the company sending the e-mails
        • The email address of the company sending the e-mails

      It is recommended that the following information is provided, but it is not mandatory:

    • the company’s VAT number and company phone number

The above information must be added to the contact list used for sending out campaigns. Failure to comply with the mandatory requirements for proof of identity may result in termination of your subscription with MarketingPlatform ApS.

 

8. Anti-spam policy

MarketingPlatform ApS is a certified e-mail marketing service provider and has a zero-tolerance spam policy. The customer may not utilise a service supplied by MarketingPlatform to send out spam. If we find that spam has been sent from your account, your account will be closed immediately and no refund will be issued for the remaining subscription period.

Spam is defined as unsolicited bulk e-mail (i.e. e-mail for marketing or sales purposes) sent to people with whom you do not have a business relationship or who have not asked to be included (opted in) on your address list. The customer is responsible for all imported data, either through the system’s import features, through the XML API (integrations) or other standard integrations.

The customer agrees to comply with all anti-spam, anti-phishing and related laws applicable to the customer’s business, both in the home country and in countries in which the customer does business. It is illegal to send e-mails to addresses that have been harvested (for example, from an automated scan of a website), and the subscription will be terminated with immediate effect if MarketingPlatform is used to send e-mails to such addresses.

See also the guidelines from our certification bodies at the bottom of this document.

 

9. Disclaimer

The customer is responsible for the legality of all materials used with MarketingPlatform ApS system. MarketingPlatform only allows the use of materials that comply with relevant national law. Pornographic, unethical, or other controversial material may only be used with prior permission from MarketingPlatform ApS.

The assessment of whether the content is so controversial that the subscription must be cancelled with immediate effect shall be made by MarketingPlatform ApS alone. If the customer’s subscription is terminated with immediate effect, MarketingPlatform ApS shall bear no liability for compensation with respect to the customer.

MarketingPlatform ApS is not liable for losses due to indirect damage and consequential damage, including loss of expected profit, loss of data or restoration of such data, loss of goodwill, losses arising from payment transfers, technical failures, unauthorised access, improper setup or other similar consequential damages, in connection with the use of systems, products, services or information provided by MarketingPlatform.

MarketingPlatform ApS is also not liable for losses due to lack of features of the system, regardless of whether MarketingPlatform has been informed of the potential for such loss, and irrespective of whether MarketingPlatform is accused of the loss based on negligence or the like.

MarketingPlatform ApS is not liable for losses caused by force majeure, including laws, regulations, regulatory actions or the like, power failures, loss of telecommunications, fire, smoke damage, explosion, water damage, vandalism, burglary, terrorism or sabotage, strikes, lockouts, boycotts, or embargos. This applies even if MarketingPlatform ApS is party to the conflict, and even if the conflict only affects parts of MarketingPlatform’s functions.

 

10. Confidentiality

MarketingPlatform ApS’ employees, including suppliers and consultants, have a duty of confidentiality with respect to information relating to customer relationships and relationships with customers’ subcontractors, which become known to MarketingPlatform employees in the course of business. Information that is designated as public knowledge, or other publicly available information, is not covered by the duty of confidentiality.

The duty of confidentiality shall be regarded as lifelong. The duty of confidentiality does not cease at the end of the customer relationship.

 

11. References

MarketingPlatform ApS may, without limitation, use customers as a reference in marketing MarketingPlatform. Typical use will be with a logo on marketingplatform.com and perhaps a case history. If a quotation from a customer is used, a request will first be submitted for approval.

If the customer wishes not to be used as a reference, MarketingPlatform ApS must be notified in writing. We will naturally respect this request.

 

12. Server Operation

MarketingPlatform ApS endeavours to ensure that all systems are made available 24 hours a day, all year-round. However, MarketingPlatform ApS is entitled to temporarily interrupt operations when essential maintenance or other technical issues so require. Advance notification of such interruptions will be given whenever possible. Scheduled campaigns that coincide with such interruptions will be sent immediately after the interruption unless the campaign has been re-scheduled by the customer.

We use the following data partners:

  1. Sentia Solutions A/S, Smedeland 32, 2600 Glostrup, Denmark (CVR no. 254664737) – providing the physical infrastructure and hosting, including servers and security (this partner is in the process of being phased out).
  2. Google Cloud Platform – servers located within the EU and with a migration planned to the new Danish centre as soon as this opens 2020 (CVR No. 28866984) ensuring stable operation and maximum security in a back-to-back agreement with Google Cloud. (Currently located in The Netherlands Region, Europe-West4, located in Eemshaven, Netherlands (https://cloud.google.com/about/locations/netherlands/))

 

13. Venue

Any disputes arising out of this agreement shall be governed by Danish law, and, in the first instance, the venue shall be the District Court of Kolding, Denmark.

 

14. Certification terms & Anti-spam Policy

MarketingPlatform ApS has been certified by SuretyMail and the Certified Sender Alliance, which is why the following European and international conditions must be accepted when utilising our solution.

a. e-mails must only be sent to recipients who have consented to receiving these e-mails or to those who have a business relationship with the sender under the Danish Marketing Practices Act, Section 10(2), and the Danish Data Protection Act. In other words, the recipient must have consented to receiving newsletters.

b. Consent to receive advertisements via e-mail or other digital communication must be given separately. Recipients must consent actively and through a deliberate action. Fields that are filled out in advance may not be used. Consent cannot be part of other statements (e.g. acceptance of the terms and conditions). This also means, for example, that you CANNOT have pre-selected “Yes” to receiving newsletters during a purchase flow.
All web forms in MarketingPlatform comply with this.

c. The sender of an e-mail campaign must be clearly identifiable in the e-mail. Also see point 7: Mandatory requirements for clear identification of the e-mail sender.

MarketingPlatform will be happy to assist with setting this up as part of our free support, including, for example:

  • name and address of the sender, national company ID, contact information, at least one valid phone number or an electronic contact form, and an e-mail address

d. All e-mails must contain an option to revoke the authorisation to send e-mails. It must be possible for the recipient to unsubscribe from e-mails without having to provide additional information (login/password). Unsubscribe requests must be dealt with at once and processed promptly and automatically by MarketingPlatform.

f. Neither the sender nor the commercial entity behind the e-mail must be hidden from the receiver, e.g. in the e-mail header or chosen subject line. This happens when the header and subject line are combined in such a way that the recipient cannot clearly understand the content of the e-mail before the e-mail is opened and read.

g. To be able to send out e-mails or other digital communication to recipients who have come to your webpage through links or sponsored co-operation, you must always be sure to obtain specific approval.

f. Current information about our specific and ongoing measures in relation to the Danish Privacy Law and the GDPR are located on our website, under a separate tab for GDPR: https://marketingplatform.com/how-emailplatform-complies-with-gdpr/

 

Updated on 4th of November 2019

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