Global EDM mail marketing customer service agreement
1、 Definition
1. Agreement definition: Party A is the user of EDM e-mail marketing service, and Party B is the operator of EDM e-mail marketing service.
2. Effectiveness and validity period of the agreement: when Party A attempts to register Party B's EDM mail service account through the Internet, it needs to be confirmed by Party A in the option of "I have read and agreed to the terms of service". Once confirmed by Party A, it is deemed that Party A approves this agreement; This Agreement shall take effect immediately upon the completion of Party A's registration. This agreement is valid for a long time with the account registered by Party A with Party B.
3. Global EDM e-mail marketing service: the e-mail delivery system service of efficient e-mail delivery, e-mail tracking and other services provided by basic cloud technology operated by Tiandi netlink Technology International Co., Ltd. Hereinafter referred to as: mail marketing service.
4. Agreement on the validity of Party A's own postal address: Party A promises to ensure the validity of the data address provided. That is, for the email address provided, Party A shall ensure that the proportion of hard return shall not exceed 5% of the total amount sent in a single time.
5. Hard return: delivery failure caused by invalid email address list provided by Party A, including but not limited to the absence of email address in the list, etc. In case of hard return mail, Party A shall pay as usual.
6. Successfully delivered mail: the mail with successful delivery information returned by the mailbox service provider server.
7. Actual number of mails sent: the sum of the number of successfully delivered mails and the number of hard returned mails.
2、 Package service fee
1. The package service fee will be listed and publicized on the product / function details page of the service or your order page. You can choose the package type and pay according to the listed price.
2. EDM mail marketing service reserves the right not to provide services or technical support until you pay the agreed fee.
3. You fully understand all the complimentary services in EDM mail marketing service package system, and the complimentary services cannot be discounted to offset the service price.
3、 Party A guarantees
1. Party A agrees and guarantees that during the validity of this agreement, Party B has the right to require Party A to submit the original of relevant qualification certificates and other materials or information at any time, and Party A shall be responsible for ensuring the authenticity, integrity, legality and validity of the information submitted.
2. Party A agrees and guarantees that Party A uses EDM marketing services legally and as agreed. Party A shall independently bear any legal liability arising from its behavior, which has nothing to do with Party B.
4、 Rights and obligations of Party A
1. Party A has the right to apply for an account number in EDM marketing services. When registering an account, Party A shall provide Party B with true, complete, legal and effective information. In case of any change in Party A's information, Party A shall notify Party B in writing after the change and provide the latest information.
2. Party A shall pay corresponding fees according to the tariff standard formulated by Party B when using EDM marketing services.
3. Party A guarantees the authenticity, legality, validity and license of the email address list provided by Party A. Party A is obliged to screen the email address list to ensure that it is delivered to Party A's own email address. Otherwise, Party B has the right to terminate this agreement at any time, and the balance of Party a's account will not be returned. Meanwhile, Party B shall not be responsible for verifying the authenticity and permissibility of the email address.
4. When Party A uses EDM marketing service to send e-mail, it means that the personal information related to personal name, e-mail address, telephone number, ID card information and so on provided to Party B have been legally authorized.
5. When Party A's monthly hard refund ratio exceeds 10% or the single hard refund ratio exceeds 10%, Party B has the right to terminate the services provided to Party A, and the balance of Party A's account will not be refunded. If Party B's service and reputation are damaged, Party A shall be liable for compensation.
6. When the spam reporting proportion of Party A exceeds 0.05% in a single month or 0.05% in a single day, Party B has the right to terminate the service provided to Party A, and the balance of Party A's account will not be returned. In case of damage to Party B's service and reputation, Party A shall be liable for compensation.
7. Party A shall promise and guarantee during the use of EDM marketing services:
(1) Abide by all laws and regulations of the people's Republic of China and international agreements, regulations, procedures and practices related to Internet and e-mail;
(2) Do not use EDM marketing services to interfere with or disturb Party B's grid services or other normal use;
(3) Do not exercise other acts that may have any adverse impact on Party B's agency or acts prohibited by laws and policies.
8. Party A shall not use EDM marketing services to send the following emails:
(1) Advertisements, electronic publications, various forms of publicity materials and other promotional or marketing e-mails without the prior request or consent of the recipient;
(2) Recipients cannot reject e-mail messages
(3) E-mail that hides the identity, address, title and other information of the sender;
(4) E-mail containing false information source, sender, route and other information;
(5) Mail containing virus, malicious code, pornography, reactionary and other bad information or harmful information.
9. If Party A violates any provision of paragraphs (1) to (5) of Article 8 above, Party A shall bear all legal liabilities arising therefrom and compensate all losses caused to Party B. Party B has the right to terminate this Agreement immediately and freeze and deduct Party A's account.
10. Party A can choose customized service. The specific content of customized service shall be subject to Party A's online application information on EDM marketing service page. Party A shall not use Party B's resources beyond its customized service content. If Party A customizes the mail tracking function, it shall ensure that the function is used for legitimate purposes. If Party A uses this function to involve or infringe the privacy of a third party and other illegal purposes, all legal liabilities arising therefrom shall be borne by Party A.
11. Party B shall only keep the email data in Party A's account for 30 days. Party A shall store and back up relevant data by itself and keep it for at least 60 days. Party A shall provide backup contents to Party B or the administrative department at any time according to the requirements of Party B or the administrative department.
12. When using EDM marketing services, Party A shall not use any trademark, logo, service mark, domain name and other logos with significant brand characteristics of Party B at any time and in any event.
13. Party A shall properly use EDM marketing services and be responsible for its actions in accordance with this Agreement and the provisions published by Party B from time to time. If Party B suffers litigation, compensation and / or punishment due to Party A's behavior, Party A shall compensate Party B for all losses caused thereby.
14. Party A agrees to receive emails and information from Party B, including but not limited to business promotion information.
15. 2 hours after Party A pays Party B, Party B will no longer support Party A's refund application. Within 2 hours after Party A makes payment to Party B, if Party A has used the platform to send e-mail and applied to Party B for refund, Party B can refund to Party A after deducting the incurred expenses according to the service price.
5、 Rights and obligations of Party B
1. Party B has no obligation to review and supervise Party A's behavior. Party B has the right to compensate Party A for all losses caused to Party B due to Party A's behavior.
2. Party B makes the following commitments to the service quality provided to Party A:
(1) According to the requirements of Party A, Party B shall provide Party A with the status report after the completion of project implementation by e-mail each time;
(2) Party B shall provide reasonable suggestions and assistance to Party A to help Party A improve the delivery quality;
(3) Party B shall provide customer complaint and Q & A services.
(4) Party B provides entrusted sending service to Party A. after receiving the authorization of Party A to send e-mail, Party B uses Party B's account to send e-mail for Party B according to the e-mail content.
3. Party B has the right to adjust the tariff of EDM marketing services at any time, but the adjustment will not affect the services purchased by Party A.
4. Party B has the right to upgrade or improve EDM marketing services regularly or irregularly, but shall make an announcement on the relevant page in advance. If Party A is affected by this, Party B shall not bear any responsibility for it.
5. Party B shall be obliged to keep confidential the business secrets of Party A obtained during the provision of EDM marketing services to Party A, which shall remain valid for 1 year after the termination of this agreement.
6. Party B has the right to determine whether Party A violates the provisions of this Agreement and the rules for the use of EDM marketing services according to its own judgment. If Party A violates, Party B has the right to refer to or terminate this agreement at any time. Party B does not need to obtain Party A's consent or notify Party A in advance.
7. In case of early termination of this agreement not caused by Party B, Party B has the right not to refund the fees paid by Party A but not yet used.
8. In view of the particularity of Internet services, Party B shall not bear any responsibility for service interruption and data loss caused by force majeure, third-party services, hacker attacks, policy impact and any other reasons not attributable to Party B.
Воскресенье, Август 22, 2021
