1.1. These terms apply for services provided by Organic Campaigns Ltd – a company registered in England & Wales (number 8026033) and yourself. These services were previously provided by Ben Soffa under the trading names of Organic Campaigns and iParl.
2. OUR TERMS AND CONDITIONS
2.1. Please read these terms and conditions carefully as they apply to your access and use of all services provided by Organic Campaigns Ltd. You are responsible for bringing these terms to the attention of anyone who may access our services due to your actions.
3. BASIS OF SALE OF SERVICES
3.1. Each order for Services is an offer by you to purchase the Services in accordance with these terms and conditions.
3.2. We reserve the right to place restrictions on the volume of Services ordered or used.
4.1. All product descriptions and content on our website or otherwise issued by us are intended merely to present a general idea of the Services and do not form part of any Contract.
4.2. We reserve the right to make any changes in the specification of the Services which are required for the Services to conform with any applicable requirements, or which do not materially affect their quality or performance.
4.3. Any error or omission on our Website or in any document or information issued by us or displayed on our Website shall be subject to correction without any liability on our part.
5.1. Access to your account will be gained by using the login details provided upon sign-up as a customer. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.
5.2. You must tell us immediately if you believe that an unauthorised person knows your username and password or has access to your account.
5.3. We reserve the right to suspend service or terminate accounts if we suspect an unauthorised person is attempting to access it.
5.4. You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account or the data related to it, until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security and we have acknowledged in writing that you have informed us of such unauthorised access.
6. PRICE AND PAYMENT
6.1. VAT is not currently chargeable on our services. In the event that VAT is required to be charged, two months notice will be provided to customers. You have the right to cancel your contract at the time that such a change would come into force.
6.2. Prices are subject to withdrawal or revision at any time without notice before we accept your order. After entering an agreement, prices may be modified by written notice, giving at least two months before any change would take effect. You have the right to cancel your contract at the time that such a change would come into force.
6.3. We accept payment by direct bank transfer, cheque, or PayPal. An additional charge may be made to cover the costs associated with certain payment methods
6.4. We may charge you interest and claim debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 on overdue accounts.
7. GUARANTEE AND RETURNS POLICY
7.1. Any claim by you which is based on any shortfall in the quality of the Services or their failure to correspond with their description must be notified to us by e-mail within seven days from the date of performance.
7.2. In no event shall you be entitled to reject the Services on the basis of any failure which is so slight that it would be unreasonable for you to reject them.
7.3. If you do not notify claims in accordance with paragraph 7.1 then you shall not be entitled to reject the Services and we shall have no liability for such shortfall or failure.
7.4. In the event you have a valid claim which has been notified to us pursuant to paragraph 7.1, we shall be entitled to extend the duration of the Services you have purchased to cover the relevant period free of charge or, at our option, refund to you the price of the Services, but we shall have no further liability to you.
8. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1. Subject to paragraph 8 the following sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents or subcontractors) to you.
8.2. All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law but this exclusion does not apply to:-
8.2.1. where the Services are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977, any implied term relating to the conformity of the Services with their description or sample or as to their quality or fitness for a particular purpose.
8.3. We make no warranty that the Goods Services will meet your requirements or that the Services will be uninterrupted, timely or error free. We will not be responsible if we are unable to provide access to or use of our Website or the Services for whatever reason.
8.4. This Website or any part of it or any of our Services may not be compatible with your browser, existing website or computer configuration and we make no warranty that it is.
8.5. We have used reasonable care and skill in compiling the data provided as part of our services but make no warranty (express or implied) as to the nature or accuracy of any of this material or that of the services provided making use of it.
8.6. In providing the Services we make no representations (either express or implied) or warranties as to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy of the services we provide.
8.7. You warrant to us that you will not use our services for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately terminate your account if you breach any of these terms and conditions or if we believe that we or our other customers may incur liability from your actions.
8.8.1. We shall not be liable to you for any loss or corruption of data or any loss of profit, loss of production, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise out of or in connection with:-
(a) your access or use of our services or any material provided via it; or
(b) the result of any use made of our services or related material; or
(c) any Contract; or
(d) Services provided by us.
8.8.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with your access or use of our Website or any material on it, the result of any such use or material or the performance or contemplated performance of any Contract shall be limited to the total cost of the Services you purchased under which the claim arises for any one event or series of connected events.
9.1. Any contract shall terminate immediately if you make use of our services to propagate any of the following:
9.2.1. Illegal, racist, obscene or otherwise offensive material or statements. We reserve the right to delete any content that infringe copyright without warning.
9.2.2. Fraud – any site that attempts to defraud or deceive third parties in any way.
10. CANCELLATION BY CUSTOMER
10.1. If the Customer wishes to cancel their contract or Services, notice must be given of the cancellation request, in writing to firstname.lastname@example.org. Any cancellation will take effect on the monthly renewal date immediately following the period for which the Service has been paid for.
10.2 Any request must arrive at least 7 days prior to the monthly renewal date for the service.
10.3 A minimum period of three months is chargeable on all contracts, regardless of whether the services remain in use for that whole period.
11. SERVER USE
11.1. Accounts are to be used by the Customer only. Account holders are not permitted to resell, store or give away the services provided by Organic Campaigns Ltd to other parties. We reserve the right to refuse service and/or access to its servers to anybody at any time.
12. HIGH RESOURCE USER POLICY
12.1. Resources are defined as email traffic and/or bandwidth and/or disk space and/or processor utilisation. Organic Campaigns Ltd may implement the following policy at is sole discretion:
12.2. When a user is found to be over-using or monopolising the resources available we reserve the right to suspend that site or require payment to meet additional costs incurred
12.3. Unless otherwise agreed, additional charges may be levied in the event of a monthly outgoing mail volume of over 50,000 messages.
13.1. You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us towards a third party arising out of or in connection with your use of our Services or their operation or use and whether arising by reason of our negligence or otherwise.
13.2. The Customer agrees that it shall defend, indemnify, save and hold Organic Campaigns Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our officers and employees, that may arise or result from any service provided or performed or agreed to be performed for the Customer. The customer also agrees to defend, indemnify and hold harmless Organic Campaigns Ltd against all liabilities including those that arise out of any material supplied by the Customer infringing or allegedly infringing the property rights of any third party or any material that contravenes the policies outlined in this document.
14.1. Customers may not use our services to send emails to individuals or organisations who have specifically requested not to be contacted in such a way. Where notified of such a request directly, we may suspend any services which is not in compliance with this request and inform the customer of this action.
14.2 It is your responsibility to ensure outbound emails do not constitute abuse either through use of language, frequency, or size of messages. You will be held responsible for the actions of your users in this matter.
14.3. Infringements of this policy can result in sanction up to and including termination of the contract.
15. BACKUP POLICY
15.1. We make backups at regular intervals. These backups are in no way guaranteed, and the Customer is responsible for backing up their own data. The customer acknowledges that Organic Campaigns Ltd is not liable for any loss of data for whatever reason.
16.1. Refunds are issued only at the discretion of the Company.
18.1. By accepting these terms and conditions during the process of establishing your account, you agree that you:
1) have read and understand the terms and conditions set out above;
3) agree to be bound by these terms and conditions.
19. CHANGE OF TERMS
19.1. The company reserve the right to update these Terms & Conditions at any time and without notification – for this reason please review our current Terms & Conditions as displayed on the website from time to time.
19.2. These Terms and Conditions do not affect your statutory rights as a consumer.