Terms & Conditions
These terms and conditions cover the arrangement between Aura of Stanford House, Stanford Tuck Road, North Walsham, Norfolk, NR28 0TY (‘Aura’, ‘we’, ‘us’) and our clients (‘you’) under which we provide use of our HTML email newsletter facility (‘the service’).
They set out the services we agree to provide, the limits to our obligations and the obligations that you agree to by commissioning us to provide this service.
These terms may not be transferred to anyone else without our permission. They stay in place for as long as you use the service, and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in force.
Each time you use the service, we will write, design, develop and send an email newsletter for the estimated total price we have indicated. You may choose to carry out some tasks yourself, such as writing, which will be reflected in our price.
If we are carrying out writing on your behalf, our price includes developing one draft for your email newsletter based on existing materials, supplied notes or a telephone interview. It also includes up to two rounds of revisions, each affecting not more than 10% of the text. Revisions over and above this level may attract additional fees.
The price quoted covers one design for your email newsletter, as well as up to two rounds of revisions affecting not more than 10% of the design. Revisions over and above this level may attract additional fees.
Development and testing
If the project includes HTML markup and CSS templates, we will develop them using HTML and CSS2.1 and CSS3 for styling.
We will test all our markup and CSS in current versions of most of the major email clients to ensure that your design renders correctly.
Users of older or less capable email clients or devices will see a design that is appropriate to the capabilities of their software.
We will not test old, marginal or abandoned email clients, for example, Lotus Notes 7 and below or Novell GroupWise, unless you specifically request us to do so. This will attract an additional charge.
If you don't already have an arrangement with an Email Service Provider (ESP), we can set up an account for you using our own service, or one of our preferred, third-party providers.The support provided by us is limited to issues directly resulting from the design and code of the email newsletter. Situations arising outside of this such as delivery delays caused by the ESP, or campaign reporting, are not our responsibility unless covered by a separate agreement.
We accept no liability for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the use of, or inability to use this email newsletter or design and any other email newsletter, design or campaign, even if you have advised us of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
We will do everything in our power to ensure that the content of your email newsletter is free of errors. However, the final responsibility for the content of your email remains with you. When you sign off your email, you are confirming that every aspect of it is as you wish.
All your information, including the content of your email newsletter and any mailing lists that you entrust to us for storage, will be kept completely confidential.
Unless specifically agreed otherwise with you, we reserve the right to name you as a client and use the email we have produced for you in our online portfolio and other media used to market Aura and AuraMailer, including but not limited to brochures, websites and email newsletters.
Compliance with spam regulations
AuraMailer must not be used to send spam (unsolicited email).
We reserve the right to refuse the use of our email newsletter service if we have reason to believe it is being used to send spam.
The Privacy and Electronic Communications Regulations 2003 state that organisations must only send marketing emails to people who have agreed to receive them, except where there is a clearly defined customer relationship.
By providing email addresses for us to use when sending your email newsletter, you warrant that the people on the list have agreed to receive email from you.
That usually means that there must be a clearly defined customer relationship with them, or that the recipients have signed up to your email list, for example by submitting their details through an online form.
Sending emails to addresses ‘harvested’ from websites, your own list of non-customer contacts or lists purchased on the open market usually constitutes spam.
Despite the claims of advertisers, it is not possible to buy an ‘opt-in’ list of email addresses, since the members of the list have not consented to receive email from your organisation specifically.
As well as being illegal, spam is damaging to your reputation and ours. It is also a real problem that we do not wish to exacerbate through the way we conduct our business or serve our clients.
Thanks for helping us to prevent spam.
You agree to provide us with the materials we need to complete the project, including text, images and source information, in the appropriate format.
We can source images on your behalf, but this may attract an extra charge if it proves to be time-consuming.
Timely response you agree to review our work carefully and provide timely feedback and approval.
We cannot be responsible for delays that occur as a result of delayed submission of required material, or delayed responses to requests for feedback or approval.
By providing material to us for use in your email newsletter, you confirm that you are the copyright holder, or that you have the right to use the material in your email newsletter.
Once we receive payment from you, copyright in the text and design we have produced on your behalf passes to you.
We own the markup, CSS and other code and we license it to you on a project-by-project basis. This licence is covered by the price we have agreed.