Terms of Service

Last updated: January 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SendJum Ltd, a company registered in England and Wales (Company Registration Number: [Pending]), with its registered office in the United Kingdom ("SendJum," "we," "our," or "us"). By accessing or using the SendJum website and services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

2. Description of Services

SendJum provides managed cold email services for marketing and digital agencies. Our services include email infrastructure management, domain warmup, campaign management, deliverability optimization, and compliance support. All services are provided in accordance with applicable laws, including the Privacy and Electronic Communications Regulations 2003 (PECR), CAN-SPAM Act, and GDPR.

3. Eligibility

To use our services, you must:

  • Be at least 18 years old
  • Be a registered business entity or sole trader
  • Have the authority to bind the business to these Terms
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

4. Acceptable Use

You agree not to use our services to:

  • Send spam or unsolicited bulk email without proper consent
  • Violate any applicable laws or regulations including UK GDPR, PECR, CAN-SPAM, and CASL
  • Send emails containing malware, phishing attempts, or fraudulent content
  • Impersonate any person or entity
  • Harvest email addresses without consent
  • Send emails promoting illegal products or services
  • Interfere with or disrupt our services or servers
  • Attempt to gain unauthorized access to our systems

We reserve the right to immediately suspend or terminate your account for any violation of these acceptable use policies.

5. Email Compliance

You are responsible for ensuring that your email campaigns comply with all applicable laws. This includes:

  • Obtaining valid consent before sending marketing emails
  • Including accurate sender information and physical address
  • Providing a clear and functional unsubscribe mechanism
  • Honoring unsubscribe requests within the legally required timeframe
  • Maintaining accurate records of consent

6. Payment Terms

By subscribing to our services, you agree to pay all applicable fees as set out in your service agreement:

  • Fees are billed monthly in advance in GBP (or as otherwise agreed)
  • All fees are exclusive of VAT, which will be added where applicable
  • Payment is due within 14 days of invoice date
  • We reserve the right to modify pricing with 30 days written notice
  • Failure to pay may result in service suspension
  • Refunds are provided in accordance with our refund policy

7. Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, and software, are the exclusive property of SendJum Ltd and are protected by UK and international copyright, trademark, and other intellectual property laws. You retain ownership of any content you provide to us.

8. Data Protection

Your use of our services is also governed by our Privacy Policy. Where we process personal data on your behalf, we act as a data processor and you act as the data controller. We will enter into a Data Processing Agreement with you upon request. You are responsible for ensuring that any data you provide to us or process through our services complies with applicable data protection laws.

9. Service Level Agreement

We target 99.9% uptime for our services. In the event of service interruption beyond our control, we will make reasonable efforts to restore service promptly. Enterprise customers may have additional SLA terms as specified in their agreements. Service credits may be available for downtime exceeding our SLA commitments.

10. Limitation of Liability

To the fullest extent permitted by law, SendJum Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of our services. Our total liability for any claim arising from these Terms shall not exceed the fees paid by you in the twelve months preceding the claim. Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify and hold harmless SendJum Ltd and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your breach of these Terms, or your violation of any law or third-party rights.

12. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice, for any material breach of these Terms. You may terminate your account at any time with 30 days written notice. Upon termination, we will delete or return your data in accordance with our data retention policy and applicable law.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer, you may also bring proceedings in the courts of your country of residence.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days notice of significant changes by posting the updated Terms on our website and notifying you by email. Your continued use of our services following any changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@sendjum.com

Company: SendJum Ltd

Registered in: England and Wales

Company Number: [Pending]