Terms of Use

Below is our old Terms of Use. Please click here to see our current policies.

1 Introduction

1.1 The www.mailwizard.co.uk website ("Mail Wizard") is operated by EPS Southern Ltd (UK Limited company number of 4049554). The Mail Wizard terms of use apply to any party using Mail Wizard. By signing up or logging in, you agree to abide by the terms specified in this document. If you do not agree to all parts of these terms, or if you do not fully understand them, you are not permitted to use any service provided by Mail Wizard.

This document is subject to change at any time. You will not be notified of changes to these terms. You must monitor them to ensure you comply with any changes. The terms are available at all times by visiting the www.mailwizard.co.uk website. Any changes will be binding from 12pm on the seventh day after the changes are made. During this time, the previous version will also be available on the Mail Wizard website.

2 Our Content

2.1 All parts of the Mail Wizard website are copyrighted by EPS Southern Ltd. This includes all text, images and code. You are not permitted to reproduce any copyrighted material without prior written consent from EPS Southern Ltd.

3 Your Content

3.1 You must be the copyright owner of all copyrighted text and images in all mailshots that you send with Mail Wizard, or you must have consent to use the content from the copyright holder.

3.2 You may not compose any mailshot with Mail Wizard that includes any text or images that contravene the laws of the United Kingdom, the United States of America or the European Union. This includes, but is not limited to, libellous and copyright laws.

3.3 You may not compose any mailshot with Mail Wizard that contains links to websites or web pages that contain or promote illegal activities as defined by the laws of the United Kingdom, the United States of America and the European Union.

3.4 Unless prior written permission is obtained from EPS Southern Ltd, you may not compose any mailshot with Mail Wizard that contains material related to pharmaceutical products, gambling or pornography.

3.5 Ownership and responsibility of all content in mailshots created with Mail Wizard remains with the creator of that content.

4 Payments and Credits

4.1 Mail Wizard credits may be purchased through the Mail Wizard website at the prices displayed on the credits page. All other prices shown on other pages, or provided in any other format are for guidance only.

4.2 The price of credits is subject to change at any time without notice. You must check and agree to the price offered at the time of purchase before entering any payment details.

4.3 When prices of credits are changed, the changes will only be applied to purchases made after the change. No refunds or additional charges shall be made or given to compensate for any difference in the price of credits purchased before the price change.

4.4 Credits are redeemable as payment for sending mailshots. The number of credits required to send a mailshot will be displayed prior to you sending or scheduling a mailshot to send. You must agree to your credits being deducted by the amount shown before sending a mailshot or scheduling a mailshot to send.

4.5 The number of credits required for sending a mailshot is subject to change at any time. For current numbers charged, you must create a mailshot using Mail Wizard, choose the addresses you wish to send to and review the offered number of credits displayed to you.

5 Account Usage

5.1 Submission of the sign-up form constitutes a request to use the Mail Wizard service. This request is subject to our own review of your details. Until this review is complete, you will have limited access to your account as a preview only.

5.2 After you have signed up, we will either enable your account for usage to send mailshots, request additional information or close your account. You will be notified of our decision but we reserve the right not to state any reasoning for the decision made.

5.3 We may close or suspend your account at any time for abuse of the service or any other reason we deem sufficient. If we close or suspend your account, you will be notified by email.

5.4 You may at any time close your account. To close your account, you must complete the support request form whilst logged in to your account, stating your request to close the account.

5.5 When an account has been closed, we will refund any unused credits that remain in the account within 30 days. The credits will be refunded at the price at which they were purchased. Credits are used in the order in which they are purchased, so the purchase price used to calculate the rate for the refund will be from the most recent credit purchases.

5.6 No standing charges are to be made to you, subject to you maintaining our minimum usage. The minimum usage is the minimum number of mailshot emails you must send in any four month period. The minimum amount is calculated by dividing the total number of active addresses on your list, and dividing by four. Addressed that were added to your list less than ten days ago are not counted as active addresses when calculating the minimum usage.

5.7 If you fail to meet the minimum usage, we will notify you by email. If after a further seven days, you have still not met the minimum usage, as calculated at the time, a deduction to your account of one credit will be made for each mailshot email that your account is below the minimum usage.

5.8 Due to minimum usage charges, accounts may have a negative credit amount. The negative amount will be deducted from future credit purchases until your account is no longer in arrears.

5.9 If your account is cancelled when the credit level is negative, no payment will be sought for the outstanding credits. However, if you request to reopen the account and we agree to do so, the negative credit level will remain.

6 Spam Compliance

6.1 When you create an account with Mail Wizard, you must tell us how you obtained or plan to obtain the list of email addresses that you will be sending email to with Mail Wizard.

6.2 If the source of your list changes at any time or any details previously given to Mail Wizard about your list change, you must notify Mail Wizard and receive approval prior to uploading any new addresses.

6.3 You must have directly obtained consent to send emails from the owner of every address that you upload to Mail Wizard as an active address. You may not upload purchased lists.

6.4 The content and frequency of your mailshots must comply with any statements made to the address owner at the time that they consented to receiving email from you.

6.5 Any email address that has been unsubscribed from your list on any platform or system other than Mail Wizard or whose owner has indicated that they do want to receive email from you, must be uploaded to Mail Wizard as an unsubscribed address before you send any mailshots.

6.6 Mail Wizard will automatically handle unsubscriptions by an unsubscribe link in your mailshots, bounced emails, abuse complaints and ISP feedback loops. However, any request you receive directly from a member of your list to be unsubscribed must be actioned by you using the Mail Wizard website before you send any further mailshots.

6.7 Any email address you send a mailshot from must be active and replies to this address must be checked regularly. Email addresses that you have sent mailshots from must remain in this active state for a minimum of three months from the time it has been used to send any mailshot.

7 Sending of Emails

7.1 Before you send a mailshot or schedule a mailshot to be sent, you will be informed on that page of the number of addresses we will attempt to send the mailshot to, and the number of credits that will be deducted for this service. The number of credits shown will be for attempting to deliver the mailshot to the number of addresses shown. Some deliveries might fail due to problems or restrictions with the receiving account. Some emails may be blocked because Mail Wizard or other parties using the Amazon SES mail service have received hard bounce messages from the address in question. No refund or credit reimbursement will be given for emails that are not received by the intended recipient for these or any other reasons.

7.2 You mailshots will in most cases be sent using the Amazon SES email service. However, we reserve the right to route part or all of your mailshot through any other mail system that we deem suitable and capable of delivering your mailshots. No information will be provided to you about what mail servers and services have been used to send your mailshots.

7.3 The time at which you choose to send your mailshots will be the time that the sending process will begin. The length of time taken to attempt delivery to every address selected for that mailshot will vary depending on the date and time that you have chosen, the number of email addresses you are attempting to send to and the load on Mail Wizard's systems at that time. No guarantees will be made about the length of time the sending process will take.

7.4 When your account is on probation, we may limit the number of emails you can send in any time-frame we define, or the rate at which your emails are sent.