Terms & Conditions

EmailFlow™ (the “Services”), a product of Jordan Marketing Ltd. (Company Reg. No. 07753816) (referred to as”the Company”), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. EmailFlow cannot be used for does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. Customer support for EmailFlow is provided by EmailFlow Ltd. By creating a trial account or subscribing to a payment plan you agree to be bound by these terms and conditions.

The EmailFlow service and support offering
All Services provided by EmailFlow are subject, without limitation, to EmailFlow’s Privacy Policy and EmailFlow’s Anti-Spam Policy. The Company may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.EmailFlow.co.uk website.

The Services are subject to monthly subscription or Pay-as-you-go fees. When the free trial period has been completed EmailFlow reserves the right to suspend your account unless you sign-up for a monthly subscription or Pay-as-you-go-plan.

Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month, but extra send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.

Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

Payment for your EmailFlow account can be made by Visa or Master Card, via a credit or debit card using Secure Trading payment gateway. If you take a monthly subscription, you are authorizing EmailFlow to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If you take an annual subscription, you are authorizing EmailFlow to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the annual renewal date of your Subscription. Fees are payable in any of the currencies available in Secure Trading. If EmailFlow is for any reason unable to deduct the monthly or annual payment from your credit card, you will be notified via email and your EmailFlow account will be disabled until payment is received.

Refund Policy
In accordance with UK law regarding the purchase of internet based software, all fees paid to EmailFlow are non-refundable. Your access to EmailFlow may be suspended at any time with or without cause. If we terminate you without cause, we may, at our discretion, refund a pro rata portion of your monthly subscription or reimburse you for unused email credits. If we terminate you for cause, there will be no refunds for any fees paid. Cause is any violation of our anti-spam or privacy policy, such as your using EmailFlow to send bulk Emails to people who have not consented to receiving them or sending to a list that hasn’t been used for more than 12 months. In addition, you are responsible for canceling your account and EmailFlow will offer no refund for your failure to cancel your account. When an account is terminated by EmailFlow or cancelled by the client, we reserve the right to remove any emails and related data and files.

Restrictions and Responsibilities
EmailFlow. reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein. You will not contest the validity of the Company with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.

You acknowledge that the Company owns all rights, titles and interests in and to EmailFlow including any and all proprietary rights.

EmailFlow may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless the Company and Jordan Marketing Ltd. against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of EmailFlow.

Jordan Marketing Ltd. reserves the right to monitor the newsletters created by you and your use of EmailFlow. Jordan Marketing Ltd. also reserves the right to remove any content or immediately suspend use of EmailFlow, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against EmailFlow by offended recipients.

EmailFlow will automatically append an “unsubscribe” link to all outgoing email, which will allow visitors to remove themselves from your mailing list. EmailFlow Ltd. may immediately suspend your EmailFlow account if you make any attempt to remove or disable this link.

EmailFlow will automatically append a “Powered by EmailFlow” footer and link to EmailFlow on all outgoing email. Jordan Marketing Ltd, may immediately suspend your EmailFlow account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Jordan Marketing Ltd. about the removal of the footer and link.

The Company and Jordan Marketing Ltd. will not share information you may upload (such as email addresses, names, contact information, or images) to EmailFlow. Your customer information will not be shared with any other parties, unless required by law. The Company and EmailFlow Ltd. will not use your customer information for the purpose of sending unsolicited commercial email. The Company and EmailFlow Ltd. may use this information and any technical information about your use of the Services to facilitate your use of EmailFlow, or in communications with you.

You will comply with the EmailFlow Privacy Policy and the Anti-Spam Policy, which may be modified by EmailFlow Ltd. from time to time.

EmailFlow accounts are provided with a single user licence which cannot be extended to multiple use or for use by third parties whether or not for financial gain. Provision of the account does not grant the user the rights to resell the functionality contained within the account or to resell the use of the account to a third party, whether or not for financial gain, unless you have come to a commercial agreement with EmailFlow Ltd, forwarded a completed, signed and valid reseller agreement and that agreement has been accepted by EmailFlow Ltd.

Termination
This Agreement will have a term beginning on the payment date of the first monthly subscription or on the payment date of the first purchase of pay-as-you-go credits. You may terminate this Agreement at any time by clicking on Setup & options, then click on cancel account. You are fully responsible for terminating your account and this agreement and Jordan Marketing Limited is not responsible for your failure to properly terminate your account and this agreement and any credit card charges and/or fees incurred by you as result of your failure to properly terminate your account and this agreement.

Jordan Marketing Ltd. may immediately terminate this Agreement and suspend access to EmailFlow without refund if you are in violation of any of terms outlined in this agreement. The Company and Jordan Marketing Ltd. are not liable for any commercial damage caused as a result of its decision to terminate or suspend your EmailFlow account.
EmailFlow may terminate this Agreement or the Products, disable, suspend, block or otherwise put your account on inactive status, in each case at any time with or without cause, and with or without notice. EmailFlow shall have no liability to you, or any third party, due to such termination or action.

Jordan Marketing Ltd. reserves the right to delete any account data within 30 days after the date of termination.

Warranty Disclaimer
THE EMAILFLOW APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND THE COMPANY AND JORDAN MARKETING LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.

Limitation of Liability
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.