Terms & Conditions
The Email Laundry T&C's
1.1 “Client” or “you” means person, firm or company that purchases or agrees to purchase goods or services from Clean Communications Ltd.
1.2 “Company” means Clean Communications Ltd.
1.3 “Goods” or “Services” means the item(s) supplied by Clean Communications Ltd as specified on the order form.
1.4 “Contract” means a contract for the supply of goods and services by Clean Communications Ltd.
1.5 “Unsolicited Commercial Email” (or UCE) means the sending of an unsolicited commercial electronic message by email to recipients who consider the message unsolicited email.
1.6 “Unsolicited Bulk Emails” (or UBE) means the sending of an email of any nature in bulk to recipients who consider the message unsolicited emails and have not consented to receiving such emails.
1.7 “UCE/UBE Event” is defined as either of the following:
- Company’s receipt in any 72-hour period of 3 or more complaints or notices of activity on your account that violates the Company’s policy contained herein that prohibits Client’s engagement in the transmission of SPAM, UCE and/or UBE; or
- Company’s receipt in any 30-day period of 6 or more complaints or notices of activity on your account that violates the Company’s policy contained herein that prohibits Client’s engagement in the transmission of SPAM, UCE and/or UBE.
2. Terms & Conditions
2.1 These terms and conditions apply to all contracts for the sale and supply of Goods and Services by the Company to Client, to the exclusion of all other terms and conditions which the Client may purport to apply.
2.2 By completing an order form, ordering by telephone or email, Client will be deemed to have accepted and agreed to these Terms and Conditions.
2.3 Any purported variation of these Terms and Conditions shall be inapplicable unless agreed in a writing executed by an authorized agent of the Company.
2.4 The Company reserves the right to amend and update these Terms and Conditions at any time without notice. Your continued use of the Goods and/or Services indicates your acceptance of any updated Terms and Conditions. The Terms and Conditions in effect at any time are viewable through the relevant link located within your account / customer control panel. It is your responsibility to remain familiar with the applicable Terms and Conditions as updated from time to time.
3. Price & Payment
3.1 Payment by Client will be either on a monthly, quarterly or yearly single payment basis. By entering your credit card details into our billing system, you agree to allow your card to be used for all such payments, as applicable. Notification will be given when payment is being taken in the form of an email.
3.2 Payments for Goods and Services are due and payable each anniversary month or year following the date the account was established, in accordance with your order. Clients paying by credit card will automatically be charged before the renewal date unless closure notification has already been given in writing. Failure to pay amounts due before the renewal date could result in loss of service. Clients who do not wish to pay by credit card can also remove their card details from their client area but increase the risk of losing services if payment is not made in a timely manner.
3.3 Company reserves the right to vary Service pricing from time to time. Company will give you 30 days prior written notice of any such variation before it comes into effect.
3.4 Any returned cheques to Clients will incur an administration fee of €35.00.
4.1 The initial term of your contract with Company shall be the period agreed to in your order, and shall commence on the date of acceptance by Client. Thereafter, the contract will continue on a monthly or yearly basis unless terminated according to the provisions below.
4.2 All account cancellations must be done in writing, with at least 30 days notice. Notifications must include user name, principal contact name with valid signature and reason for cancellation. Third party cancellations are not accepted.
4.3 The company may, at its sole option and without any obligation to refund monies paid by you terminate this Agreement immediately on written notice (email) to you if:
(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the Service is or becomes illegal;
(c) if there is a breach of this Agreement;
(d) the continued use of the Service could cause technical problems on the Internet; or
(e) you act in any way or do anything which may reasonably be construed to impugn the trademark rights of Company or otherwise be detrimental to the business, goodwill or reputation of Company.
4.4 Either party may terminate this Agreement by serving not less than 30 days Written Notice on the other provided that if you terminate this Agreement pursuant to this clause you shall not be entitled to a refund of any monies already paid. For the purposes of this Agreement, for the Client to terminate the Agreement, “Written Notice” means completing the “request subscription termination” process via the customer control panel, or for Company to terminate the agreement, “Written Notice” means an email or letter sent via recorded delivery to the most recent contact details provided by Client as maintained in the customer control panel.
4.5 When your account is closed all files associated therewith will be deleted.
4.6 Any attempt to use the login portals for purposes other than their intended use will result in your account being terminated.
4.7 Any improper use by the Client under the Acceptable Use Policy (“AUP”) will result in immediate termination of the Company’s service.
4.8 If Client has ordered a Service on an annual subscription, the Company expects the client to be committed for this minimum period of time. If Client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, Company will not make any refunds for any unused portions of the Client’s account or subscription. Whilst the company does not offer refunds, Client also has no obligation to continue using the Service.
5. Fraudulent Activities
5.1 In the case where suspicion of fraud has arisen, Company reserves the right to cancel your account at any time without prior notice or consent. We also reserve the right to not refund any monies paid in the Company’s sole discretion. Factors that may constitute fraudulent activity include:
i) Supplying false contact information;
ii) Using someone else’s credit card without their written consent;
iii) Withholding information from the Company; and
iv) Offering or distributing any fraudulent goods, services, schemes or promotions.
6. Company's Liability
6.1 In no circumstances whatsoever will Company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
6.2 Company will not be responsible for loss occasioned by computer viruses, whether introduced through Company’s services or otherwise.
6.3 To protect your privacy, Company will never distribute your name or e-mail address to any third party and we will never contact you seeking login information by phone or email.
6.4 Company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
7. Client's Liability
7.1 It is the Client’s responsibility to carry out computer virus precautions.
7.2 Data stored on Company’s servers is backed up. It is the responsibility of the Client to keep independent backup files of its important data. Company cannot be held responsible for any loss incurred from the Client’s inability to backup any files.
7.3 Clients must not attempt to gain the privileges of another user.
7.4 It is the Client’s responsibility to notify Company if they wish to terminate their service before the next renewal date. Any payments made by Client before termination notice has been given are non-refundable.
8. No Spam Policy
8.1 Company has adopted a zero-tolerance approach towards the transmission of SPAM, UCE and UBE. Company prohibits SPAM, in order to protect the integrity of our servers and network resources.
8.2 CLIENT IS STRICTLY PROHIBITED FROM USING THE COMPANY’S SERVICES FOR SPAM, LETTER BOMBING, MAIL BOMBING, MAIL HARASSMENT, MAIL PHISHING, SPAM RESPONSE COLLECTION, WEB SITE ADVERTISING VIA SPAM OR HACKING.
IT IS CLIENT’S RESPONSIBILITY TO PREVENT ALL SPAM AND COMPLAINTS RESULTING FROM EMAIL ACTIVITIES CONDUCTED THROUGH CLIENT’S ACCOUNT.
8.3 Every Client shall enforce the application of this No-Spam policy, including to:
- Prohibit the use of SPAM and other UCE;
- Prohibit detrimental practices to electronic commerce;
- Protect the integrity of data transmission;
- Prohibit false or misleading commercial representations online;
- Prohibit the collection of personal information via unlawful access to computer systems and unauthorized compiling or supplying of lists of electronic addresses.
8.4 Client is prohibited from sending a UCE unless there is express or implied consent from the recipient. Consent may be implied only to the extent permitted by the appropriate, applicable Anti-SPAM legislation.
8.5 Company processes reports of SPAM activity and SPAM complaints in the manner described below:
- If the email activity associated with Client’s account poses an immediate threat to our servers or network, Company reserves the right to immediately disable your account and send an email notice to your account contact.
- Absence of an immediate threat to the servers or network, we will follow the steps outlined below for SPAM processing:
- a) First UCE/UBE Event – we send a “complaint received” message to the complainants and send a first warning to your account contact;
- Second UCE/UBE Event – we send a “complaint received” message to the complainants and send a second and final warning to your account contact;
- Third UCE/UBE Event – we immediately and permanently disable the email capabilities of the account and then send notice to your account contact of this permanent email disablement.
8.6 Reporting. If you believe that you have received SPAM through our network, please send a signed complaint along with the message you received, including its complete email headers, to firstname.lastname@example.org
We are not obligated to investigate or take action based on anonymous SPAM complaints.