Appleton Greene – Professional Email Marketing Campaign (PEMC) Terms & Conditions of Service

These terms and conditions of service have been developed by Appleton Greene & Co for all client companies that order a Professional Email Marketing Campaign (PEMC). Client companies consent to abide by these terms and conditions of service in the nature of goodwill in which they represent.

AGC-T1
CONTRACTUAL AGREEMENT
This contractual agreement is directly between the client company and Appleton Greene & Co Global Limited, otherwise referred to within this agreement as “AGC”. Upon completion of this agreement, it will be forwarded to both the client company and AGC. However please note that completion of this application form constitutes a legally binding agreement on behalf of the client company.

AGC-T2
SERVICE DETAILS AND COSTS
Appleton Greene offers 4 optional service entry options for our clients: the Bronze Service; the Silver Service; the Gold Service and the Platinum Service. This enables you to choose a viable starting point for your business, while taking into consideration your new business development requirements and the annual budget that you have available. The Bronze Service features: 5,000 business contacts; 60,000 emails; duration of service – 12 months; online support and excludes license/monthly reports and costs $2,000. The Silver Service features: 10,000 business contacts; 120,000 emails; duration of service – 12 months; online support and excludes license/monthly reports and costs $3,000. The Gold Service features: 20,000 business contacts; 240,000 emails; duration of service – 12 months; online support and includes license/monthly reports and costs $5,000. The Platinum Service features: 40,000 business contacts; 480,000 emails; duration of service – 12 months; online support and includes license/monthly reports and costs $8,000. If your new business development requirements exceed what is available within these packages, then please contact us for an individual quotation. The more contacts and emails that you require, the greater the discount and ultimately the return on investment.

AGC-T3
PAYMENT OF FEES
Upon completion of this agreement, an annual invoice will be raised by Appleton Greene for and on behalf of the client company. All campaign fee payments are payable in advance of service provision, within 7 days of receipt of this contractual agreement and an invoice being issued by AGC accounts department and by international bank wire transfer. Although campaigns run for a consecutive period of 12 months, new campaigns are scheduled to start on a quarterly basis, during the months: January; April; July and October each year. The full campaign service fee needs to be received by AGC, 30 days prior to the proposed campaign start dates. If campaigns are being booked in advance, then 50% of the campaign service fee will be due for payment within 7 days of receipt of this agreement and an invoice being issued, in order to reserve the required campaign for the client company. The remaining 50% balance will then be due for payment 30 days prior to the proposed campaign start date.

AGC-T4
ACS CLIENT INFORMATION HUB (CIH)
The Professional Email Marketing Campaign (PEMC) service, is clearly explained within the (PEMC) Client Information Hub (CIH). Please CLICK HERE for further details. All of the information that is incorporated within this information hub, is embodied into the terms and conditions of this contractual agreement. However, in the event of any conflict the terms and conditions of this contractual agreement will prevail.

AGC-T5
LIABILITY
AGC Professional Email Marketing Campaigns (PEMC) are provided by AGC on a best efforts basis. Any advice or support provided by AGC campaign managers constitute their opinions and do not necessarily reflect the opinions of AGC. Client companies accept responsibility for any decisions that they make as an organization and cannot hold AGC or individual campaign managers responsible for decisions which they make as an organization relating to any advice or support provided. The performance of Professional Email Marketing Campaigns (PEMC) is not in any way guaranteed. Success will ultimately be entirely dependent upon the merits of the individual products and services that are provided by the client company.

AGC-T6
TERMINATION
The fixed term of this contractual agreement is a period of between 12 months, after which time it can then be renewed for a further period of 12 months by mutual consent. This agreement cannot be terminated before the initial campaign period has expired unless both parties (the client company and AGC) both agree to do so by mutual consent in writing. Fixed campaign agreements provide both the client company and AGC with the required stability in order to ensure that a consistent service is provided.

AGC-T7
SERVICE REFUND POLICY
AGC Professional Email Marketing Campaign (PEMC) service fees are not refundable under any circumstances. AGC takes great care to ensure that as much information is provided to the client company about the (PEMC) service in advance of this contractual service agreement being completed and before any service fees are paid. This incorporates a detailed Client Information Hub (CIH), which is made available to client companies, at least one Client Telephone Conference (CTC) and the client has the opportunity to ask any questions via email before reaching a decision. The application process takes a minimum of four weeks and incorporates the provision of detailed service information and the requirement for the client company to complete a detailed application form. AGC does not accept any financial obligation for client companies who have either misunderstood or misinterpreted the information provided, or who have not been able to benefit from the service for reasons that are reasonably considered to be outside of the control of AGC. It is the client company’s responsibility to provide all of the information that is required under the terms and conditions of this agreement within a timely manner in order to enable AGC to adequately ensure professional service provision. AGC is not responsible for client companies who decide not to utilize the service which is available to them or are not able to dedicate the required time or commitment during their designated service period.

AGC-T8
COPYRIGHT
All of the contents contained within AGC service support communications, including emails, information guides, training program material and the websites are protected by copyright. None of the material or content should be copied or reproduced without the prior written consent of Appleton Greene & Co. All rights reserved @ Appleton Greene & Co Global Limited.

AGC-T9
REPRESENTATION
Client companies, or their employees thereof, do not represent AGC and are not employees or agents of Appleton Greene & Co or of any of their associated companies thereof.

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PRIVACY POLICY AND TERMS OF USE
The AGC privacy policy and terms of use are also embodied as part of the terms and conditions of this contractual agreement. Appleton Greene & Co also reserves the right to amend or update its terms and conditions of service at any time.

AGC-T11
INDEMNIFICATION
The client company agrees to indemnify AGC against any and all civil or criminal legal cases and subsequent financial damages therein, as claimed from any third party individual or company, if the case is in relation to the service that has been provided by the client company directly, or in response to the Professional Email Marketing Campaign (PEMC) that AGC has facilitated on behalf of the client company. The client company is responsible for ensuring that all of their products and services comply with all relevant civil and criminal laws internationally.

AGC-T12
PRIVACY AND CONFIDENTIALITY
Client companies are bound by AGC’s privacy and confidentiality policy both during their service period and for an indefinite period thereafter. This prevents client companies from disclosing, publishing, communicating (either written or verbal), any information whatsoever which relates to the service provided by AGC, without prior written consent being obtained from AGC. Client companies are expected to act responsibly and to protect third party rights to privacy and confidentiality and failure to comply with this policy may result in civil or criminal prosecution. AGC will also be happy to sign a Non-Disclosure Agreement relating to the client company, in order to protect their privacy and confidentiality.

AGC-T13
APPLICABLE LAWS
Client companies must operate within and abide by all applicable local, national and international laws at all times and have a duty to inform AGC if they have been arrested or charged with any offense, regardless of whether it is of a commercial or personal nature. Client companies also have a duty to inform AGC if they are declared bankrupt or insolvent during their service period. Client Companies agree to indemnify AGC against any legal cases which arise as a result of the client company’s own corporate malpractice or misdemeanor.

AGC-T14
COMPLIANCE
Appleton Greene Professional Email Marketing Campaigns (PEMC) comply with all international laws relating to database contact management and email marketing. Due to the welcome introduction of anti-spam laws within most international jurisdictions, Professional Email Marketing Campaigns (PEMC) need to be professionally managed in order to ensure that your emails reach their targets and arrive safely within the inboxes of Key Decision Makers (KDM). All of the contacts within our databases have opted into receiving information from either Appleton Greene or our associated partners or clients. They can also opt out at any stage simply by clicking on the clearly illustrated Unsubscribe button and all opt-out requests are processed automatically in real time. The legal requirement is within 5 business days. Invalid email addresses (hard bounces) and rejected email accounts are also removed within 24 hours. Appleton Greene also uses the services of reliable, scale-able and secure delivery email service providers for both transactional and marketing emails. Trusted by more than 500,000 customers, Appleton Greene runs a globally distributed infrastructure that can deliver emails to worldwide locations in milliseconds from dedicated IP addresses. Appleton Greene’s professional email management procedure ensures that our IP addresses are never featured on any black lists and subsequently ensures that our email delivery rate is consistently maintained at between 99% and 100%. As such, our email service reputation is always classed as Excellent.

AGC-T15
DISTRIBUTION
Appleton Greene uses a variety of different email domains, which are maintained proactively and have an excellent reputation with email service providers. It is recommended that you use these instead of your own corporate email domains, because this will improve your emails chances of landing safely within your customers inboxes and it will protect your transactional email domains from being adversely affected by the distribution of bulk email. We simply inform your customers that Appleton Greene is sending this marketing message on your behalf, in order to avoid any confusion. Alternatively, if you already have email domains that you use exclusively for bulk email, then we can easily use these if you would prefer, so that the email appears as if it is being sent by your company, as opposed to Appleton Greene. The choice is yours. Appleton Greene only uses private IP addresses that are registered for exclusive use by Appleton Greene, for online security reasons. This enables your customers email service providers to identify precisely where these emails are coming from and to verify their authenticity. Appleton Greene IP addresses are never blacklisted and always have a sender score of between 90-100 out of 100, which is considered to be excellent by email service providers worldwide. It is a legal requirement to provide an Unsubscribe button within all of your bulk emails, in order to comply with international spam laws and you are then required to process any requests within 5 business days. Appleton Greene actually provides 2 Unsubscribe buttons within each and every email, one located within the header of the email and one located within the footer of the email. This is because we want your customers to see these, regardless of which part of the email they are reading. If the recipient is not interested in your product or service, then it is in all of our mutual interests to have them Unsubscribe anyway. This is because there is understandably no point forwarding information to anyone who is not interested in placing a service order at some point. This also helps to prevent recipients resorting to marking the email as spam, which could adversely affect our IP sender score and the successful distribution of your emails. Appleton Greene’s Unsubscribe buttons are activated in real time, which means that the recipient is automatically Unsubscribed from your contact list as soon as they click on one of the Unsubscribe buttons, removing human error from the process. All Appleton Greene email domains and IP addresses are registered for: SPF; DKIM and DMARK within the relevant DNS records. This enables your customers’ email service providers to automatically identify the source of the email and to confirm its validity. This means that your emails will be received safely within your recipients’ inboxes. Appleton Greene emails are all automatically tracked by our distribution software, enabling us to measure their performance. This enables us to know precisely how many emails are being delivered, bounced, unsubscribed, marked as spam, opened, clicked (links) and engaged. It also enables us to provide you with monthly performance reports with the Gold Service and Platinum Service Professional Email Marketing Campaign (PEMC) options, providing you with critical information, which empowers you to continuously improve the ongoing performance of your campaigns.

AGC-T16
SUPPORT AND ASSISTANCE
The Bronze and Silver services are eligible for online support, but not telephone support. The Gold and Platinum services are eligible for both online and telephone support. With online support, this will be provided, either through a dedicated email address, or through an HTML online support page. This enables AGC to retain a copy of all communications within your AGC client file for future reference, in accordance with the AGC quality management procedure. Requests for general inquiries will usually receive a written response within 24-48 hours, but you will need to allow a period of up to 7 business days during busy periods (this does not include weekends or public holidays). The evaluation and assessment of Critical Success Factors (CSF) can take between 20-30 business days, because these are processed strictly within the order in which they are received. Telephone support is usually available on Tuesday and Thursday every week and is available by appointment only. Telephone appointments are usually arranged 7-10 days in advance and are subject to ongoing availability.

JURISDICTION
Appleton Greene & Co Professional Email Marketing Campaigns (PEMC) terms and conditions of service are developed in accordance with and are governed by Cayman Islands and English Law. Client companies accept that any litigation or court action will in all cases take place within the jurisdiction of the Cayman Islands, regardless of the geographical location of individual client companies.

Your statutory rights are not affected.

Registered Address: Appleton Greene & Co, 10190 PMB 53, Galleria Plaza, Grand Cayman KY1-1002, Cayman Islands.

Company Registration Number: CM-2845