Charity Digital Mail is an email marketing service for charities provided by Charity Digital and uses the powerful dotdigital cloud based email platform.
Latest Dotdigital/Charity Digital offer
FREE 50,000 emails to help your organisation during the Coronavirus outbreak
Apply here and we’ll get you set up asap with a free live account. You’ll also have the option to carry on sending emails after the two month period by purchasing email credits. For more information, contact us. Support packages are also available.
Design and send great emails at cut-rate prices. Whether you’re fundraising, mobilising volunteers or sharing information, we can help you do it better.
The email marketing platform powered by dotdigital is easy for staff to quickly learn and provides powerful tools such integrated automation, segmentation and personalisation so you can maximise your time and effort.
We’ll support your cause and go the extra mile to help you – whether you need personalised support tailored to your charity needs, custom design work for your templates or individual training.
With Charity Digital Mail you only pay for the emails you send. We offer email annual credits in bulk and you have the flexibility to send as and when you run campaigns.
We do not charge a licence/set up fee or for hosting your contacts.
To open up a live account, let us know your required annual email credits and the support package you want.
Our support team has over 10 years of experience working in the charity sector.
You have the choice of one of our support packages. We’re happy to give you as little or as much extra support and help as you need throughout the duration of your mail account with us:
Setup of account and platform support (email, webinar and phone) during the lifetime of your account.
Kick off call and general webinar training of features.
With the drag and drop tools and intuitive layout you can easily create amazing campaigns from scratch or use a pre-built templates. Insert calls to action, social and sharing links and videos.
Create your customer journeys with an enrollment conditions based on segments or triggered by an online action. Set schedules and limits to ensure the right people enter at the right time. Include actions, decisions, annotations and divert contacts.
Optimize your performance by using customised reports, campaign comparisons and drill-down reports plus ROI tracking and geo-mapping.
Advance track by filtering reports on segments, dynamic content, split test variations and link grouping. View a whole stack of delivery metric and your google analytics.
Create real-time count segments based on customer preferences and email activity by using simple or more complex rules, inclusion and exclusion rules, multiple conditions, pre-built templates and marketing preferences.
Other platform features include:
TERMS AND CONDITIONS FOR THE SUPPLY OF CHARITY DIGITAL MAIL SERVICES
This document sets out the terms and conditions of the contract (Conditions) between (1) the Customer, whose details are set out on the Order Form (Customer/you) and (2) Charity Digital Trust Limited, trading as "Charity Digital" whose registered office is at Camburgh House, 27 New Dover Road, Canterbury CT1 3DN and whose main trading address is Pennine Place, 2A Charing Cross Road, London, WC2H 0HF (registered in England and Wales under Company No.06902258) (Charity Digital/us).
These Conditions govern your use of the Charity Digital Mail system and services. By using the services, you confirm that you accept these Conditions and that you agree to be bound by them. You may not use the site or services unless you agree to be bound by these conditions including for the avoidance of doubt our terms of payment.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVSIONS REGARDING LIMITATION OF LIABILITY IN CLAUSE 8.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.
Commencement Date: has the meaning set out in section 1.R
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.7.
Contract: the contract for the supply of Services between Charity Digital and the Customer, consisting of the terms set out in Order Form and these Conditions.
Customer: the person or firm which comes into effect when the Order is accepted under clause 2.2, who purchases Services from Charity Digital.
Data Controller: shall have the same meaning as set out in the Data Protection Act 2018.
Data Processor: shall have the same meaning as set out in the Data Protection Act 2018.
Data Protection Legislation: the Data Protection Act 2018, the General Data Protection Regulation, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commission.
Data Subject: shall have the same meaning as set out in the Data Protection Act 2018.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer’s order for Services as set out in the Service Agreement.
Order Form: means the Service Agreement form confirming that the Customer wishes to purchase services and be billed according to the level of services used.
Personal Data: shall have the same meaning as set out in the Data Protection Act 2018.
Process: has the meaning given to it under the Data Protection Legislation but, for the purposes of this Contract, it shall include both manual and automatic processing and "Processing" and "Processed" shall be construed accordingly.
Regulatory Body: those government departments and regulatory, statutory and other entities, committees and bodies, which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in this Contract or any other affairs of the Customer.
Services: the provision to the Customer of data processing and other services known as "Charity Digital Mail" comprising the following: a) providing the web-based service; b) providing the facilities for the Customer to send emails to Data Subjects who have consented to the Customer sending them emails and c) providing facilities for the Customer to export Personal Data.
Site: means Charity Digital’s website at charitydigital.org.uk/.
Software: means Charity Digital’s data management and manipulation web-based platform (dotdigital’s platform white-labelled).
Specification: the description of the pricing Services available upon request
Charity Digital Mail calculator: the billing calculator which calculates the pricing of email sends according to the level of usage in any 12 month period. Available upon request.
Working Hours: 9.00am to 5.00pm, Monday to Friday UK local time excluding statutory holidays in England and Wales.
1.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) as defined by the GDPR;
(b) a reference to a party includes its personal representatives, successors or permitted assigns.
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by these Conditions including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms and
(e) a reference to writing or written includes emails.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when Charity Digital issues acceptance of the Order at which point the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Charity Digital which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by Charity Digital, and any descriptions or illustrations contained in Charity Digital’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract nor have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by Charity Digital shall not constitute an offer and is only valid for a period of 20 Business Days from the date of that quotation.
3. SUPPLY OF SERVICE
3.1 Charity Digital shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 Charity Digital engages with dotdigital as a Processor with responsibility for providing the platform used for the provision of this contract without transferring any personal data outside of the EEA.
3.3 Charity Digital shall inform the Customer in advance of engaging with any additional Processor involving the Customer’s data and will ensure that any additional Processors that it engages with shall provide services to data protection standards that are not less than those contained in these Conditions.
3.3 Charity Digital does not warrant that the Services will be uninterrupted, error, bug or virus free or that the delivery of emails will be without delay. Charity Digital will use reasonable endeavours to maintain an uninterrupted service during Working Hours.
3.4 It may be necessary for Charity Digital to suspend the Services temporarily in whole or in part from time to time to carry out maintenance. Charity Digital will use it reasonable endeavours to provide the Customer with at least 48 hours’ notice of temporary suspensions of the Services and to ensure that any scheduled and planned maintenance or repairwork is carried out outside of Working Hours in order to minimise disruption to the Services provided to the Customer, however Charity Digital reserves the right to allow maintenance or repair work to be carried out at any time. Services may also be suspended in whole or in part where Charity Digital or any third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation. Charity Digital accepts no responsibility or liability to the Customer for any direct or indirect loss or damage that may arise due to a suspension of Services under this clause 3.4.
3.5 Whilst Charity Digital will use its reasonable endeavours to do so, it cannot guarantee the delivery of emails to any recipient under the Services as it is dependent upon accurate and up to date email addresses, upon suitable internet availability and connectivity, on various anti- spam and junk mail policies adopted by recipient email service providers as well as restrictions regarding the content, wording and graphics of an email. Charity Digital will use reasonable endeavours to assist the Customer with methods to maximise the delivery rate of emails, however Charity Digital makes no representations or warranties whatsoever about the speed or number of emails sent that will be delivered to recipients. Charity Digital accepts no responsibility or liability to the Customer for any direct or indirect loss or damage that may arise under this clause 3.5.
3.6 Charity Digital will use all reasonable endeavours to meet any performance dates specified in the Order Form, but any such dates will be treated as estimates only and time shall not be of the essence for performance of the Services.
3.7 Charity Digital shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Charity Digital shall notify the Customer of any such event.
3.8 Without prejudice to its other rights in these Conditions, Charity Digital reserves the right immediately to remove any item included in any emails forming part of the Services or any other item or material made available via the Services by the Customer at any time and without notice, where the content is in Charity Digital’s reasonable opinion in breach of these Conditions. Charity Digital accepts no responsibility or liability to the Customer for any direct or indirect loss or damage that may arise pursuant to this clause 3.8.
3.9 Charity Digital warrants to the Customer that the Services will be provided using reasonable care and skill.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with Charity Digital in all matters relating to the Services;
(c) provide Charity Digital with such information and materials as Charity Digital may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
(d) obtain and maintain all necessary licenses, permissions and consents which may be required before the date on which the Services are to start; and
(e) keep its password and other access details for use of the Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The Customer shall notify Charity Digital immediately if it believes that such information is no longer secret. The Customer is solely responsible for all activities that occur under the Customer’s password or account The Customer will not permit any person to access the Services for any unauthorised purpose that would constitute a breach of these Conditions if such a breach was carried out by the Customer.
4.2 The Customer shall not:
(a) use the Services in any way so as to bring the "Charity Digital Mail" brand or Charity Digital into disrepute;
(b) use the Services to send unsolicited or unauthorised advertising, promotional material, ’junk mail’, ’spam’, ’chain letters’ or ’pyramid schemes’, offensive ’adult’ services, ’pornographic’ material, ’pornographic’ images, communications promoting email address data lists or any other form of solicitation to any Data Subjects or third party;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or materials transmitted through the Services;
(d) use the Services in a manner which is or may reasonably be considered to be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive of another person’s privacy;
(e) use the Services in a manner which infringes the Intellectual Property. Rights of any third party, including Data Subjects;
(f) introduce any viruses, trojans, worms, logic bombs or other material which is technologically harmful;
(g) attempt to gain unauthorised access to the Site or Services, the server on which the Site or Services are stored or any server, computer or database connected to the Site or Services; or
(h) attack the Site or Services via a denial-of-service attack or a distributed or malicious denial-of service attack.
4.3 Charity Digital monitors the content of emails created by the Customer and may at its discretion immediately and without notice to the Customer suspend the Service if it considers in its reasonable opinion that the Customer is in breach of clause 4.2 and no refund of the Charges to the Customer will be made. Charity Digital accepts no responsibility or liability to the Customer for any direct or indirect loss or damage that may arise under this clause 4.3.
4.4 If Charity Digital’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) Charity Digital shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Charity Digital’s performance of any of its obligations;
(b) Charity Digital shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Charity Digital’s failure or delay to perform any of its obligations as set out in this clause 4.4; and
(c) the Customer shall reimburse Charity Digital on written demand for any costs or losses sustained or incurred by Charity Digital arising directly or indirectly from the Customer Default.
5. CHARGES AND PAYMENT
5.1 No charges are applicable if the Customer has registered for 50,000 free emails for three months plan via tt-exchange. If the Customer wishes to buy a Bulk plan, the Customer shall pay the Charges for the Services in accordance with the Contract. The Customer shall pay the Charges for the Services in accordance with the Contract. Payment shall be made in pounds Sterling. Charity Digital shall invoice the Customer monthly in arrears if the Customer is on a monthly band plan or yearly/twice a year if the Customer is on a bulk buy plan and collection of payment for such services by direct debit or BACS. All services provided under this contract are subject to VAT.
5.2 The Customer shall pay any invoice submitted by Charity Digital: within 21 days of the date of the invoice.
5.3 All amounts payable by the Customer under the Contract are exclusive of value added tax (VAT), which shall be payable by the Customer in addition to the Charges.
5.4 If the Customer fails to make any payment due to Charity Digital by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above NatWest Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis and compound quarterly from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. If the Customer fails to pay any sums due within the number of days set out in clause 5.4. Without prejudice to our rights under clause 7.3, Charity Digital reserves the right to disable the account immediately and to suspend the provision of the Services to the Customer until such time as any outstanding invoices have been settled in full in cleared funds.
5.5 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Charity Digital may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Charity Digital to the Customer.
5.6 Charity Digital reserves the right to procure that credit checks are carried out on the Customer without notice from time to time, and to provide a restricted Service limiting the send volumes of emails based on the results of such credit checks. Charity Digital also reserves the right to apply a limit on Charges incurred by the Customer or to request payments of Charges in advance during the provision of the Services if a Customer’s credit rating reduces. Such limits will be notified to the Customer in writing and shall continue until such time as Charity Digital may elect at its sole discretion.
5.7 For Customers on the monthly band plan, Charity Digital reserves the right to increase modify or amend its fee rates. Charity Digital will give the Customer written notice of any such increase not less than 30 days before the proposed date of the increase. If such increase is not acceptable to the Customer, it shall notify Charity Digital in writing within 30 days of the date of Charity Digital’s notice and the Customer shall have the right to terminate the Contract with immediate effect. If no such notice is received from the Customer, then the Customer shall be deemed to have accepted the changes proposed by Charity Digital.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Charity Digital.
6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on Charity Digital obtaining a written license from the relevant licensor on such terms as will entitle Charity Digital to license such rights to the Customer.
A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business, its products and services which the receiving party may obtain. The Receiving Party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The Receiving Party may also disclose such of the Disclosing Party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 7 shall survive termination of the Contract.
8. LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude Charity Digital’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by an applicable law.
8.2 Subject to clause 8.1
(a) Charity Digital shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements of contracts, loss of or damage to goodwill and/or similar losses, loss of contract, loss of goods, loss of or corruption of software, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Contract; and
(b) Charity Digital’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever, shall in no circumstances exceed £5,000 in total in respect of any single claim or series of connected claims brought by the Customer under this Contract.
8.3 Other than where expressly stated, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions. In particular, the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.4 Charity Digital has no responsibility or liability for the storage or back up of Customer data and although back-ups will be carried out at regular intervals, the Customer shall remain entirely responsible for making its own back-up of such data if required, particularly but not limited to when the Customer adds a significant amount of data over a short time period. Charity Digital shall incur no direct or indirect liability to the Customer for any loss or damage, however caused, arising from any loss of data arising under this clause 8.4.
8.5 The Customer shall indemnify Charity Digital against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Charity Digital arising out of or in connection with the deliberate and persistent misconduct of the Customer resulting in a breach or breaches of clauses 4, 8.7 or 12. This indemnity shall not cover Charity Digital to the extent that a claim under it results from Charity Digital’s negligence or willful misconduct.
8.6 If any third party makes a claim, or notifies an intention to make a claim, against Charity Digital which may reasonably be considered likely to give rise to a liability under the indemnity set out in clause
8.5 (a Claim), Charity Digital shall:
(a) as soon as reasonably practicable, give written notice of the Claim to the Customer, specifying the nature of the Claim in reasonable detail; and
(b) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Customer (such consent not to be subject to unreasonable conditions, withheld or delayed), provided that Charity Digital may settle the Claim (after giving prior written notice of the terms of settlement (to the legally possible) to the Customer, but without obtaining the Customer’s consent) if Charity Digital believes that failure to settle the Claim would be prejudicial to Charity Digital in any material respect.
8.7 Charity Digital does not accept and shall have no responsibility or liability whatsoever, howsoever arising, directly or indirectly for the content of any emails sent using the Services or for sending them to the recipients in accordance with this Contract.
8.8 Nothing in this clause shall restrict or limit either party’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this clause 8. This clause shall survive termination of the Contract.
9.1 Termination will arise upon expiry of the Contract for Customer under the bulk buy agreement. There is no minimum term under this Monthly Value agreement for monthly paying customers. The Monthly Value agreement shall automatically continue on a rolling basis following signature of the agreement.
9.2 This agreement will be terminated with immediate effect if provision of the white label platform from which these services are provided is made unavailable to Charity Digital.
9.3 Without limiting its other rights or remedies, Charity Digital may terminate the Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so;
(b) the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the m