This service may not be used to send unsolicited email (sometimes called "spam"). See our Anti-Spam Policy here.

The following are the terms and conditions for using SendaNewsletter. By clicking the ‘I accept these terms and conditions’ button on the sign-up page or by logging in to SendaNewsletter, you accept these terms and conditions.

You hereby acknowledge and agree that:

• SendaNewsletter may not be used for the sending of unsolicited email (sometimes called ‘spam’).

• SendaNewsletter may only be used for lawful purposes.

• Your use of SendaNewsletter will be subject to subscription fees once you have completed your trial.

• SendaNewsletter will not use your customer list/subscriber list or any other customer information for any purposes other than those explicitly offered.

• You will not access or otherwise use third party mailing lists to distribute unsolicited email.

• The only mailing lists you will import, access or otherwise use in connection with SendaNewsletter will be permission based (NB: purchased lists may not be used).

• Every email message sent through SendaNewsletter must contain the SendaNewsletter ‘unsubscribe’ link that allows subscribers to remove themselves from your mailing list.

• You agree to process unsubscribe requests within five working days.

• You will adopt and maintain the Email Privacy Policy, which may be modified periodically by SendaNewsletter.

2.1 SendaNewsletter’s service is provided subject to this Agreement, as it stands or as amended by SendaNewsletter. The service is also subject to any guidelines, rules or operating policies that SendaNewsletter may establish and post from time to time, including SendaNewsletter’s Email Privacy Policy. Unless otherwise stated, all references to the Agreement shall include the Email Privacy Policy.

By posting updated versions of the Agreement on the SendaNewsletter.com website, or otherwise providing notice to you, SendaNewsletter may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the service at its discretion. All such changes shall become effective upon posting of the revised Agreement on the website.

2.2 SendaNewsletter’s service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the service is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the service.

2.3 You must complete the registration form on the sign-up page in order to use the service. You will provide true, accurate, current, and complete information about yourself as requested on the registration form. You are responsible for maintaining the security of your account, passwords, and files.

3.1 Signing up for a trial entitles to send out 25 emails. After that, to continue using the service, you must sign up to an annual package. Payment for the service is made on an annual basis up front. Access to the service will be disabled until payment is received.

3.2 At any point during the year you can upgrade to another package. The fees for the new package will be discussed and agreed, and must be paid before the new package comes into effect.

3.3 Amounts paid for using Sendanewsletter’s service are not refundable.

3.4 You acknowledge and agree that you are responsible for paying fees for all email messages sent through SendaNewsletter, regardless of whether the messages are received.

3.5 To use the service you must be aged 18 or older.

3.6 The service is restricted to users based in the EU and the United States.

3.7 Sendanewsletter reserves the right to refuse any individual or company the right to use the service at their sole discretion.

3.8 All prices listed exclude VAT. VAT is added to all purchases at a rate of 17.5% and is charged on all transactions.

4.1 Every email message sent through SendaNewsletter must contain an ‘unsubscribe’ link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of thirty days after the date on which you send the message, and must be in form and substance satisfactory to SendaNewsletter. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

4.2 You agree to import, access or otherwise use only permission-based lists (NB: purchased lists may not be used. Please contact SendaNewsletter if you have any questions about this).

4.3 If you have used the SendaNewsletter feature that allows you to request a recipient to confirm that you have their permission to send them emails, and such recipient has not responded or does not respond affirmatively to your request for confirmation, you agree that you shall not send emails to that recipient.

4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy SendaNewsletter templates or any other features or functionality of the service or use them for any other purpose than to send emails from the service.

4.5 You are responsible for monitoring, collecting and processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your SendaNewsletter account.

4.6 Emails that you send through the SendaNewsletter may generate abuse complaints from recipients. As a matter of privacy, SendaNewsletter cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. SendaNewsletter, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

4.7 SendaNewsletter, at its own discretion, may immediately disable your access to the service without refund if it believes in its sole discretion that you have violated any of the email and permission practices listed above.

5.2 This is an Agreement for the use of the SendaNewsletter service, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any aspect of the service or any software, documentation, or data related to it. Neither will you remove any proprietary notices or labels from the service or any software, modify, translate, or create derivative works based on the service or any software or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the service or any software.

Unless you are an authorised SendaNewsletter reseller, you may not display, copy, reproduce, or distribute the software or any component thereof, any documentation provided in connection with the service or the software, or any content, including but not limited to newsletters distributed to you by SendaNewsletter in connection with the service. Violation of these restrictions may result in the termination of this Agreement.

5.3 The service shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the service or any software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the service in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the service or the software does not affect your rights under the EC Council Directive on the Legal Protection of Computer Programs or any other such legislation.

5.4 You acknowledge and agree that the service and the SendaNewsletter company names and logos and all related product and service names, design marks and slogans (collectively, the ‘marks’), are the property of SendaNewsletter or its affiliates or suppliers. You are not authorised to use any of the marks in any advertising, publicity or any other commercial manner without the prior written consent of SendaNewsletter. Your use of the service confers no title or ownership of the service, the software or the marks and is not a sale of any rights in the service, the software or the marks.

5.5 You represent, covenant, and warrant that you will use the service only in compliance with the Agreement and any applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).

You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party.

You hereby agree to indemnify and hold blameless SendaNewsletter and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents for any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable solicitors’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the service. In addition, you acknowledge and agree that SendaNewsletter has the right to seek damages if you use the service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

Although SendaNewsletter has no obligation to monitor the content provided by you or your use of the service, it may do so and may remove any content or prohibit any use of the service it believes may be (or is alleged to be) in violation of the foregoing.

5.6 The service may only be used for lawful purposes. Transmission or solicitation of any material that violates any applicable laws is prohibited. For details, see SendaNewsletter’s Prohibited Content Statement, the terms of which are incorporated into this Agreement by reference.

5.7 For every email message sent in connection with the service, you acknowledge and agree that the service may automatically add an identifying footer stating ‘Powered by SendaNewsletter’ or a similar message. You agree to co-operate with and provide reasonable assistance to SendaNewsletter in promoting and advertising the service.

5.8 In using the service, you may provide information (such as name, contact information or other registration information) to SendaNewsletter. SendaNewsletter may use this information and any technical information about your use of the service to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

If you licensed the service as a result of solicitation by a marketing partner of SendaNewsletter, SendaNewsletter may share your information with the marketing partner and the marketing partner may share information with SendaNewsletter. SendaNewsletter will not provide information to recipients you have not authorised for that purpose unless required by law or if your Agreement is terminated for sending unsolicited commercial email or any other reason.

5.9 If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case SendaNewsletter’s standard rates will apply. The marketing partner may notify SendaNewsletter of any change in your status.

6.2 SendaNewsletter may terminate this Agreement or the service, disable your account or put your account on inactive status at any time with or without cause, and with or without notice. SendaNewsletter shall have no liability to you or any third party because of such termination or action.

6.3 SendaNewsletter may delete your archived data from 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. SendaNewsletter will provide, upon request, the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6.4 If your account is classified (at Sendanewsletter’s sole discretion) as inactive for over 120 days, SendaNewsletter has the right to permanently remove your subscriber data. SendaNewsletter will attempt to contact you by email prior to taking any permanent removal actions.

The sole and exclusive remedy for any failure or non-performance of the service shall be for SendaNewsletter to use commercially reasonable efforts to adjust or repair the service.

This will be the case even if SendaNewsletter has been informed of the possibility of such damages, or for any claim by any other party. In the event that, notwithstanding the forgoing, SendaNewsletter is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of SendaNewsletter to you will be limited to the amount you paid for the service. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

10.2 SendaNewsletter and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Both parties also agree that all waivers and modifications must be put in writing and signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SendaNewsletter in any respect whatsoever.

10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.

10.5 This Agreement will be governed by and construed in accordance with English law.

10.6 SendaNewsletter is a trade name of GUMPTION Web Solutions Agency Ltd, a UK registered company.