Terms and Conditions
1. The following details our standard terms and conditions of trade and shall apply unless otherwise specified.
2. Terms used and not otherwise defined in this Agreement shall have the following meanings:
‘Agreement’ means this agreement and the associated policies referenced with it.
‘Customer’ means the party entering into this agreement with Organic Campaigns Ltd.
‘Charges’ mean the charges payable by the Customer for the Services as set out in this agreement.
‘Services’ means the services to be provided by Organic Campaigns Ltd, as set out in the section titled ‘Ongoing Services’.
‘Terms and Conditions’ means your terms and conditions set out in this Agreement.
3. The Agreement constitutes the entire agreement between the Customer and Organic Campaigns Ltd, and supersedes and extinguishes all previous drafts, agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
4. English law shall apply to this agreement and the English Courts shall have exclusive jurisdiction over any disputes arising.
ONGOING SERVICES
Organic Campaigns shall provide access to a hosted online campaigning service allowing the customer to create actions whereby members of the public can email public representatives and other similar entities with a model email, combined with related subsidiary functions.
TERMS AND CONDITIONS
1. IDENTITY
1.1. These terms apply for Services provided by Organic Campaigns Ltd – a company registered in England & Wales, number 8026033 (the Company) and the Customer.
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.
3. BASIS OF SALE OF SERVICES
3.1. We reserve the right to place restrictions on the volume of Services used, or in the event of a serious breach of these terms and conditions, to cease providing the Services.
4. DESCRIPTION
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 in describing the product on the Organic Campaigns website or in any document or information issued by Organic Campaigns or displayed on our Website shall be subject to correction without any liability on our part.
5. SECURITY
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. You agree to accept responsibility for all activities that occur due to the use of your login details.
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.
6. CHARGES AND PAYMENT
6.1. VAT is chargeable on our Services.
6.2. Charges are subject to withdrawal or revision at any time without notice before we accept your order. After entering an agreement, charges 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. All invoices are issued in Pounds Sterling.
6.4. We will issue an invoice in respect to the charges for which you are liable. Payment terms are that the amount should be settled in full within 30 days. Any disputes regarding the items or amounts covered by an invoice must be raised within 7 days of receipt, in writing.
6.5. 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 charges for 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. TERMINATION
9.1. Any contract shall terminate immediately if you make use of our Services to propagate any of the following:
9.2.1. Content that Organic Campaign Ltd deems, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression or disability.
9.2.2. Content that Organic Campaign Ltd deems, in our sole discretion, may place us in legal jeopardy, including in relation to the use of copyrighted material, defamatory statements or otherwise.
9.2.3. Fraud – any site that attempts to defraud or deceive third parties in any way.
9.3. We reserve the right to delete without warning any content that, at our sole discretion, we believe may place Organic Campaign Ltd in legal jeopardy.
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 info@organiccampaigns.com.
10.2 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 or give away the services provided by Organic Campaigns Ltd to other parties except with the express permission of Organic Campaigns Ltd. We reserve the right to refuse service if we believe such a breach has occurred.
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 account 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 250,000 messages.
13. INDEMNIFICATION
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. ABUSE
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, or where, at the sole discretion of Organic Campaigns Ltd, the campaign is regarded as abusive or an innappropriate use of the service. 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. REFUNDS
15.1. Refunds are issued only at the discretion of the Company.
16. DATA USE AND PRIVACY POLICY
16.1 You agree that Organic Campaigns Ltd will act as a data processor on your behalf in relation to both the data supplied by you directly and that provided by those using the Services that we have provided to you. As a customer of Organic Campaigns Ltd, you are the controller of the data provided by those taking part in campaigning actions establish by yourselves and it is you, rather than Organic Campaigns Ltd., who controls what happens to the resulting personal data, other than where this may conflict with other laws.
16.2 This data processing will occur for the duration of the contract and, due to backup processes, for up to 24 months subsequent to the termination of this contract.
16.3 The purpose of this processing shall be to provide you, and through you, your customers and supporters, with a hosted online campaigning service allowing you to create actions whereby members of the public can email public representatives and other similar entities with a model email, combined with related subsidiary functions. Organic Campaigns Ltd shall only undertake that processing which is necessary to fulfill these functions or other related purposes upon your written request.
16.4 The types of personal data being processed include the names, postal addresses, email addresses, telephone numbers and other contact details of both yourself and those users who take the campaigning actions you offer. The content of messages sent via the Service are recorded by us and therefore the political views, racial, ethnic or religious affiliation, trade union membership, information about sexual life or sexual orientation or other special categories of data of these individuals may be inferred due to their decision to take part in your campaigning action or be stated more directly due to the message they send using the Service. The Internet Protocol address of such individuals may also be processed as will data inferred from the user’s postcode such as their longitude/latitude and the political boundaries under which they fall.
16.5 You are obliged to ensure that all users who make use of the Services are aware of this privacy policy and the implications of them submitting their personal data as part of any campaigning action.
16.6 As the data controller you have a right to request we cease processing data on your behalf at any time, in which case we will confirm and comply with this instruction. This will not cover data held as part of a previous backup, which will be deleted as part of the regular cycle described in this document.
16.7 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. Data will be held in backup systems for up to 36 months after it is created. Once a backup is no longer required by Organic Campaigns Ltd, it will be securely deleted.
16.8 All those undertaking work on behalf of Organic Campaigns Ltd are subject to a strict duty of confidence in relation to the data they have access to.
16.9 Appropriate measures, both technical and organisational, will be taken to ensure the security of all data being processed.
16.10 We engage a number of sub-processors to deliver the iParl service – including hosting, database, email delivery and backup providers. Our current sub-processors will be listed at www.organiccampaigns.com/privacy and will be updated to reflect any ongoing changes to our our technical and business needs.
16.11 We shall assist you where necessary to allow data subjects to exercise their rights under the GDPR. We shall assist you where necessary to meet your GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. We agree to submit to audits and inspections, provide the data controller with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the controller immediately if we are asked to do something infringing the GDPR or other applicable data protection law.
16.12 We will take appropriate technical and organisational measures to ensure data processed on your behalf is kept secure as per Article 32 of GDPR. We will assist you in meeting any obligation that might exist to notify personal data breaches to the Information Commissioner’s Officer or other relevant supervisory authority as per Article 33 of GDPR. We will assist you in meeting any obligation to advise data subjects when there has been a personal data breach as per Article 34 of GDPR. We will assist you in meeting your Article 35 obligation to carry out data protection impact assessments (DPIAs). We will assist you in meeting your Article 36 obligation to consult with the Information Commissioner’s Officer or other relevant supervisory authority where your DPIA indicates there is an unmitigated high risk to the processing.
16.13 A privacy policy is displayed on our website. It shall be considered to be an integral part of this document.
17. GENERAL
17.1 This contract will remain in place until either a) it is terminated in writing by Organic Campaigns Ltd b) it is terminated in writing by the customer, or c) until that point at which any personal data being processed on your behalf has been deleted from our systems, whichever of a, b or c is the latter.
17.2. 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;
2) consent to our use of your information in accordance with our privacy policy; and
3) agree to be bound by these terms and conditions.
18. CHANGE OF TERMS
18.1. The company reserve the right to update these Terms & Conditions at any time. We will notify you in advance of any change taking effect.
18.2. These Terms and Conditions do not affect your statutory rights as a consumer.