Terms of Use

This agreement sets out the terms on which GoMy is appointed to provide Professional Managed Email Campaigns. As from the date of this agreement, these terms shall govern the relationship between GoMy and the Client in substitution to any previous terms.

It is agreed as follows:

1. Definitions

In this agreement, unless the context otherwise requires, the following words have the following meanings:

“GoMy” means an GoMy.co.uk Ltd – Also trading as GoMyEmails & GoMyEmails.com
“Client” means a client of GoMy
“Data” means the Client’s data base supplied by the client
“Send Date” means the pre-agreed date on which the chosen email campaigns will be sent
“SPAM” when applied to email means unsolicited bulk email which means that the email recipient has not granted verifiable permission for the message to be sent see section 3
“Bulk” means that the message is sent as part of a larger collection of messages, all having substantively identical content

In this Agreement, unless the context otherwise requires any reference to a person shall be construed as a reference to any individual, firm, company or other person (natural and legal)

2. What is required from the Client

On or prior to instructing GoMy, Client will in respect of the relevant campaign:

Provide the correct relevant data base, to which the campaign is to be sent taking account of points 3, 4.
Provide the outline of the content to be sent to the client.
Supply GoMy such other information as GoMy may reasonably request in order to enable GoMy to comply with the requirements of the professional and ethical regulations of any regulator.

3. Anti-Spam and Abuse Related Rules:

You agree to the following:

(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html. The first line of the Spamhaus definition reads:

The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).

It is a concern to us if you use GoMy to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.

(b) Permission Lists Only: You may use GoMy Email only to send Emails to individuals and entities that either:

Option 1 – Consent Obtained

(A) gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:

(i) Consent Given Recently gave you the permission within the prior 12 months; or

(ii) Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or

Option 2 – Sold or Negotiated to Sell Product or Service

(B) gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:

(i) Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or

(ii) Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.

If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that GoMy shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don’t pass them into GoMy.

No purchased lists (Unless purchased through a certified data company legally trading opt-in email contact details).
No rented lists (even if they “opted in”).
No 3rd party lists unless consented by the list owner and agreed to recive 2rd party data by the recipient

You should only use GoMy to send newsletters, updates, and promotions to people who specifically request email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a GoMy account, and add a signup form to your website so that you can grow your list. We can supply you with a widget for this.

(d) We’re In This Thing Together: We do what we can to keep our system clean, but you agree to pitch in too. Here’s how:

Sending your first campaign to an old list? Many recipients won’t remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your list.
Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block GoMy (and you). We’ll shut your account down if you import an old list that gets too many bounces.
Don’t just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon, or Support@Comcast). If you import even one address by mistake, that person can get you blacklisted and shut down.
Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers (“We met at a tradeshow, You bought xyz from us in the past, You are a client of…” etc). Don’t just mix a bunch of different lists together and send one “blast” to all of them.

Sending on behalf of a client? Educate your client about responsible email marketing. They’re depending on you to be the expert.

4. Prohibited Content and Industries

Don’t use GoMy to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

Pornography or other sexually explicit Emails
Emails offering to sell illegal substances
Emails that violate the CAN-SPAM Law

Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offence intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that other these types of services, products, or content unless agreed to by both parties before any contract is undertaken:

Illegal goods or services
Escort and dating services
Pharmaceutical products
Get-rich-quick or work-at-home schemes
Online trading, day trading tips, or stock market related content
Gambling services, products or gambling education
Multi-level marketing
Affiliate marketing
Credit repair, get-out-of-debt content
Mortgages and/or Loans
Real estate prospecting or listing
Nutritional Supplements, Herbal Supplements or Vitamin Supplements
Pornography or nudity in content
Adult novelty items or references in content
List brokers or List rental services
Marketing or sending commercial email without consented permission

Generally speaking, if you’re in an industry that is frequently associated with spam. We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like GoMy will not be able to help you.

5. Pre send reporting

GoMy will only notify Clientof acceptance of a particular campaign after review of the database, and the content to be sent, and that GoMy believes that it will be able to successfully make the necessary arrangement to complete the job and transaction for the client before moving forward.
On acceptance of the work commitment from GoMy, GoMy agrees to undertake a reasonable effort to contact the client. In every instance, the client will be contacted prior to all email campaigns for their approval before any work is completed.
GoMy agrees to notify Client as soon as reasonably practicable once a database has been filtered and if it is not suitable for email deliverability.

6. Undertaking of work

From the date of acceptance and in respect of each campaign accepted:

GoMy will act on behalf of the client without unreasonable delay to carry out all work required to secure a successful campaign which has been pre-approved by the client.
GoMy agrees to be reasonably accessible to the Client for consultation regarding any aspect of their campaign while work is in progress. For example, the Client should be able to discuss their campaign with an appropriate representative of GoMy by telephone or email during normal offce hours.
GoMy will provide their services having regard to appropriate legislation, professional standards and confidentiality.

7. Reporting arrangement

GoMy agrees to maintain an up-to-date record of the progress of each campaign.
GoMy agree to provide a monthly report via the GoMyEmails.com website for the client This report will be sent to the site within 2 working days following the completion of the campaign send, and new updated statistics will be tracked and provided for a total of 3 months.
GoMy agrees to provide up to date tracking reports by PDF within 0-24 hours of the clients request. There will be no limit to the amount of data the client can request or GoMy will provide, we do stipulate that a fair use policy will be used and kept to a maximum of 1 request per day if the client requires it.
Client will be allocated a username and password for the GoMy online campaign tracking facility via GoMyEmails.com as soon as the client dashboard is ready to be used – Until this time, GoMy agrees to send full statistics by PDF and sent by email for all reports and statistics.

8. Financial Arrangement

In respect of any campaign, GoMy will charge the Client based on a pricing structure which has been agreed verbally or by email and acknowledged by email confirmation.
In respect of each successful campaign, GoMy will invoice the client with the appropriate costs as per the agreed pricing structure.
GoMy will invoice the client after each successful campaign and offer a 30 days to pay terms.
All invoices made by GoMy will be inclusive of VAT at 20%.

9. Regulatory issues inc Data Protection Act

Both parties are to ensure that all agreements and advertising material comply with the relevant requirement in accordance with any Acts of law and / or regulatory body.
Each party shall maintain all necessary registrations required for the process of personal data as per the Data Protection Act 1998.

10. Confidentiality

Each party will at all times during and after termination of this Agreement keep secret and confidential all confidential information acquired by that party in the course of this Agreement in respect of the other Party and to its Clients including (but not limited to) the financial details of each Client’s affairs.
The parties will not use or disclose such confidential information for any purpose other than to perform their respective obligations under this Agreement and any agreement entered into by a party with its clients.
The parties will ensure that their officers, employees and any other person to whom such confidential information is legitimately disclosed (as determined by clause above) comply with the provisions of this clause.
The confidentiality obligations set out above will not apply to any information which is publicly available or becomes publicly available through no act or omission of relevant party, or which a party is required to disclose by law or any Regulator. It is hereby agreed the terms of this agreement are confidential. Neither party shall disclose the terms of this agreement to any other person/body without the written consent of the other party.
GoMy agrees to keep all company details and data provided by Clientsecure and stored within a complex and password and encrypted area of our servers.
GoMy agrees to ask for permission to use Client as a referral to any future contracts GoMy may take with ‘other clients’ – GoMy will also ask for permission to use Client in their own promotional and marketing purposes.

11. Termination

This agreement shall commence on the date highlighted on the agreement and shall continue in until terminated by either party giving not less than 14 days notice to the other party
Either party may terminate this Agreement with immediate effect, by notice in writing: if the other of them commits a material breach of this Agreement and (if capable of remedy) fails to remedy that breach within 7 days after being given written notice to do so; or if the other has entered into any composition or arrangement (whether formal or informal) with its creditors or has a bankruptcy order made against it or is unable to pay its debts or has a receiver, manager, administrator or administrative receiver appointed of its undertaking assets or income or any part thereof or has passed a resolution for its winding-up or has a petition presented to any court for its winding-up. Upon termination of this Agreement howsoever arising:
GoMy shall continue to provide their services in accordance with their terms of engagement in respect of Clients who have accepted in writing GoMy terms of engagement prior to the date of termination.
GoMy will return to Client all information which is in its possession, custody or control and which relates exclusively to Client and/or Clients referred to GoMy except where the information is required or desirable by GoMy in order to provide its services for Clients which are to be retained.
The termination of this Agreement is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The clauses in this Agreement which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.