Bulk Email - Terms And Conditions

  • GENERAL
    • By signing the Bulk Email and SMS Proposal you agree to adhere to the rules and regulations with regards to the Protection of Personal Information Act (POPIA).
    • During the design process it is expected that the client will cooperate with Starbright to reach the results outlined and agreed to in the proposal.
    • The laws of the Republic of South Africa shall govern the Bulk Email and SMS Proposal.
       
  • NON-DISCLOSURE AGREEMENT
    • The Bulk Email and SMS Proposal and the quotation contain proprietary and confidential information and the client agrees not to use or disclose any information contained herein except in the context of its business dealings with Starbright.
    • The client agrees to share non-disclosure with their employees;
      • Client and associates will not disclose any information concerning the Bulk Email and SMS Proposal to others except unless known to, and / or available for use by the public
    • The client agrees not to duplicate or distribute or permit others to duplicate or distribute material contained herewith without Starbright’s prior written consent.
       
  • FINANCIAL POLICY
    • The prices stipulated may exclude any importation or data manipulation.
    • Should the client opt out of training, additional fees will be charged to manage the sending process of the emails & SMS messages.
    • Monthly invoices will be sent on the 15th of each month.
    • All prices exclude VAT unless stated otherwise.         
    • The charges for the services and the payment terms applicable are set out in the Bulk Email and SMS Proposal.
    • Additional costs above and beyond the cost estimate and/or the client's specifications will be stated, and consent or dissent must be given by the client within a period of 30-days upon receiving the quotation.
    • It is common during the design process that additional materials may become necessary i.e. stock photography or a requested commercial font is required. In this instance, the customer agrees that a price per picture and per font will be applied to the final design fees and will be payable in addition to scope as set out above.
      • Should this be required and thereafter agreed upon, the customer shall be invoiced separately and payment must be made within 30-days from date of invoice.
    • Annual price increase: Our financial year runs from 1 March to 28 February and a standard price increase will occur on 1 March every year. We will communicate the details of the increase to our clients.
       
  • SPAM POLICY
    • Starbright does not condone the sending of spam.
      • Definition: The word “Spam” as applied to Email means “Unsolicited Bulk Email”.
      • “Unsolicited” means that the Recipient has not granted verifiable permission for the message to be sent.
      • “Bulk” means that the message is sent as part of a large collection of messages, all having substantively identical content.
    • The data you import into the system needs to comply with at least one of the following rules:
      • Contacts have opted-in from your website.
      • Contacts have given you permission to send them email and/or SMS communication.
      • You can verify where you acquired their data (have proof of data source).
      • Regarding existing customers: you have a contractual right to communicate with them accordingly.
      • Customers have done business with you in the past two years.
    • You may not import a contact’s information if:
      • You have purchased, rented, or acquired a third-party list of email addresses.
      • Contacts / email addresses have been scraped or “copied and pasted” from websites.
         
  • CANCELLATION POLICY
    • There is no contract period, but a 30-day notice period will be required.
    • All cancellation requests to be sent to cancel@starbright.co.za
       
  • INDEMNITY
    • By signing the Bulk Email and SMS Proposal you agree to take responsibility for the rules and regulations as stated by the Protection of Personal Information Act (POPIA).
    • Starbright or any of its affiliates cannot be held legally accountable for any form of non-compliance with regard to the Spam Policy and Protection of Personal Information Act (POPIA).

 

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