I am in the UK, and my daily job for last 6 years has been email marketing manager for B2B. I have always made sure that we abide by the law as determined by the Government Information commissioner.
Therefore, it pleases me to read your terms and conditions and anti-spam policies as it reasures me that you operate a serious business.
There is however a couple of points that I find a little too restrictive and go well beyond any law I know of.
Would you be so kind as to clarify the following for me please:
3.2 MailBuild may terminate this Agreement or the Services at any time with or without cause, and with or without notice. MailBuild shall have no liability to you or any third party because of such termination.
Firstly, that is frightning that you could just decide to cripple my business without cause?
Secondly, this part:
If MailBuild terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
Is this applied to our individual customers, or to us as resellers therefore if one misbehaves us and ALL our other clients get shut down?
10. Email and Permission Practices
10.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact MailBuild if you have questions).
We use lists bought from DMA approved suppliers only for B2B emarketing. They have all opted-in to receive related business emails (not consumer or personal products).
Maybe your terms here only apply to private consumer lists, therefore needs amending?
The law allows it, and in fact many small businesses rely on these to generate new business.
Appreciate you time.
Thanks for your concern about this issue.
Unfortunately we do not allow purchased lists of any description or source to be used with Campaign Monitor or MailBuild. We have a very firm stance on permission, and despite the claims of those providing the lists, often see high bounce rates and spam complaints from purchased lists.
It's also part of our whitelisting agreements. Although we recognise that the anti-spam laws are less restrictive, for us and for all our other customers, being very strict is a great benefit.
Regarding the account closure terms, we do reserve that right, but rarely need to use it. If we do find a customer who is abusing our systems (or allowing their client to do so), we need to take action immediately.
In the more common case of a possible problem or developing issue, we will make contact and give warnings before closing any accounts.
I am reasonably happy about how strict you are, butstill concerned that if we get a bad client you may close our reseller account for no fault of our own. :-(
Someone someday is bound to slip through.
If you discuss permission with your new clients it should be very easy to establish if they have permission to send to their subscribers, and if they don't or your unsure, you don't want them as a client of yours.
Have you seen the permission checklist that we've put together that you can easily re-brand?