Terms & Conditions of Use

Please read these terms and conditions carefully. This service allows users to create, send and manage e-mail campaigns, manage contacts and provide statistical reporting information. This service must not be used for the sending of unsolicited bulk e-mail (SPAM)

1. Definitions

In these terms and conditions for online services the following words shall have the following meanings:

“GGN” means GlobalGold Network Limited (A subsidiary of iomart Group plc. Reg No: SC204560. Reg Office: Lister Pavilion, Kelvin Campus, West of Scotland Science Park, Glasgow, G20 0SP) and its respective successors and permitted assigns and employees and agents.

“Passwords” means the secret word or number used to confirm a User’s identity when using the Online Service.

“Online Service” means the Suite26 application.

“You/Your” means You the business entity on whose behalf you have registered with GGN to use the Online Service and includes your business entity’s successors, permitted assigns, employees and agents.

“User” means, anyone You have authorised and GGN has approved to use the Online Service.

“Client” means the person(s) named on the Registration Form and any authorised user.

2. Duration of the Agreement

2.1 This agreement will commence on the date on which the client completes the online registration process and will continue in effect unless and until it is terminated under the terms of this agreement.

3. Your Obligations

3.1 You represent that you have power and authority to enter into this agreement.

3.2 The Service is provided solely for the Client’s and User’s use, however the Client is permitted to re-sell the service to third-parties.

3.3 You are responsible for anything which you transmit to, or receive from or via, or which you post to GGN.

3.4 You agree that you will be responsible for the acts and omissions of all Users in connection with the Service.

3.5 You are not permitted to transmit to, from or via anything that you do not have a clear right to use. You must ensure that you do not transmit or post any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications network or equipment.

3.6 You are not permitted to do anything that may disrupt in any way the operation of any Service of GGN by any other user such as: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

3.7 You agree that you will not publish, post, upload, store, distribute, or disseminate any unlawful defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything, which might constitute a criminal or civil offence.

3.8 You agree that you will not upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents.

3.9 You agree that you will not download any file posted by another user of the site in a form that you know or reasonably should know, cannot be legally distributed in such a manner.

3.10 You agree that you will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

3.11 You agree that you will be responsible for any provision or maintenance of the Client’s computer hardware, software and telecommunications equipment that give the User access to the GGN services.

3.12 You agree that you will comply with our reasonable instructions and requests concerning the services.

3.13 You agree that we may access, copy, preserve, disclose, remove, suspend or delete any data:

In the event of exceptional circumstances concerning that data
If we are required to do so by regulation or competent authority, or
It is otherwise permitted under this agreement.

3.14 You warrant that your use of the services will not infringe any third party intellectual property or other rights.

3.15 You must supply us with valid contact information which includes an e-mail address, telephone number and postal address. You must advise us immediately of any changes to this information

4. Our Obligations

4.1 GGN will provide the Client with the Online Service according to the terms of this agreement.

4.2 GGN endeavours to provide uptime in excess of 99.7% at all time.

4.3 GGN makes no warranty that access and use of the Online Service will be error free. However, we will use our reasonable endeavours to correct any errors, of which you notify us, within 30 days of the date from which you notify us of the error.

4.4 There is a risk that data generated, stored, transmitted or used via or in connection with the services may be irretrievably damaged or lost if there is a fault or on suspension or termination. It is your responsibility to frequently back-up all such data that you wish to save unless you have agreed separately with GGN.

4.5 The services include support only insofar as specified in the relevant product specifications on our website. We will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems but do not guarantee that response times or rectifications will be achieved.

4.6 We shall not in any event be obliged to supply support:

in respect of faults or problems directly or indirectly arising from:
incorrect use of the Online Service;
products or services not supplied by us; or
any cause external to the services.
where you are using anything other than the most recent version of, any relevant software
where you or any third party not authorised by us has modified the relevant software or attempted to resolve the problem; or
if any fees due to us are unpaid.

4.7 Any support which we agree to supply in addition to that covered by this agreement shall be charged at our then current standard rates.

4.8 We will process your personal data only in compliance with our privacy and security policy. You consent to such processing. You also confirm that you have shown our privacy and security policy to, and obtained similar consent from, any third party individuals whose personal data you have supplied to us and you will continue do so in future.

5. Indemnity

5.1 The Client hereby indemnifies GGN from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by GGN as a result of:

Access to and/or use of the Services by the Client and/or User
Any information, data or material produced, transmitted or downloaded by the Client and/or User
Any breach by the Client and/or User of any of the provisions of these Terms and Conditions or of any Law, Code or Regulation relating thereto or to the Internet.

6. Passwords

6.1 You are responsible for ensuring each User complies with all security procedures as notified to You by GGN on this website, via email, telephone or other means.

6.2 The Client must use reasonable steps to keep the Password secret and should only disclose it to Users.

6.3 The Client must ensure Users take all reasonable steps to keep their Passwords secret. All Users must not disclose Password details to anyone else, including other Users, members of your staff or members of their families.

6.4 If the Client or the User thinks that a Password is known to someone else, you must ensure that you notify GGN immediately.

6.5 GGN will suspend that User’s use of the known Password until a new Password has been set up.

6.6 The client must not let anyone other than Users operate the Online Service for You.

6.7 You must notify GGN of a change in Users as soon as practically possible so that GGN can disable the Password.

7. Ownership of Intellectual Property

7.1 Material and information supplied may contain valuable information that belongs to GGN or others. You and Users must not use them other than to operate the Online Service and must not take copies, sell, assign, lease, sub-license or otherwise transfer such materials and information to anyone else. We grant you a non-exclusive licence to use, store and view on your internal computer network and print up copies strictly for your personal use that part of the materials we make available to you. The materials may not be otherwise used, copied or transmitted without our prior written consent.

8. Confidentiality

8.1 We both agree not to use for any purpose apart from this agreement or disclose any confidential data received from the other party. Confidential data means data identified as, or which clearly is, confidential. This clause does not apply to data which:

Enters the public domain other than through breach of this clause;
Is or becomes independently known to the receiving party free from any confidential restriction;
Is required to be disclosed by regulatory or competent authority;
Is reasonably disclosed to employees, suppliers or others for the proper performance of the agreement;
Is reasonably disclosed to professional advisers; or
Which we are otherwise permitted to disclose in accordance with this agreement.

9. Liability

9.1 Although GGN has made reasonable endeavours to ensure that information contained on this site or as part of the Online Service is correct, it is possible that information may be incomplete, contain errors or be out of date. You must verify any information obtained from this site or as part of this Online Service before acting upon it.

9.2 All other warranties, terms and conditions, whether express or implied, statutory or otherwise relating to the Online Service or information and material on this site or sites accessed through this site are excluded to the extent permitted by law. Except to the extent expressly stated in these terms and conditions for Online services, GGN accepts no liability for direct, indirect or consequential loss or damage of any kind (including without limitation loss of profits) arising from any use of the Online Service, or information and material contained on this site or any site you may access through this site.

9.3 This site may contain links to third party sites. These sites are beyond the control of GGN and GGN accepts no responsibility for their content.

9.4 GGN will not, and its suppliers and licensors will not, be liable whether in contract, tort or otherwise for any loss or damage which:

Arises other than through GGN negligence or the negligence of its employees agents or contractors; or
Is not a reasonably foreseeable consequence of GGN’s negligence; or
Is any business loss including loss of revenue or profits or anticipated savings or wasted expense or data being lost or harmed or for any indirect, special or consequential loss or damage of any kind arising from access to or any use of the information and material contained on this site or any site you may access through this site.

9.5 GGN does not restrict or exclude its liability for:

Personal injury or death directly caused by GGN or its employees whilst acting in the course of their employment with GGN or for fraud;
Physical damage to your personal property up to £1,000 due to any one event or series of connected events where such damage is due to our negligence or the negligence of our employees, agents or contractors acting in the course of their employment with GGN;
Any of GGN’s liabilities which cannot by law be excluded or restricted.

9.6 If GGN is unable to perform any obligation under this agreement because of force majeure, as described in clause 13 of this agreement, it will have no liability for that failure to perform.

9.7 Different limitations and exclusions of liability will apply to liability arising as a result of the provision of any goods or services by GGN, which will be set out in GGN’s terms and conditions relating to the provision of such goods or services.

9.8 Each provision of this agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

9.9 In no event may you bring any claim against us more than 12 months after you knew of (or ought reasonably to have discovered) the event(s) giving rise to the potential liability.

9.10 We have no liability for any third party goods and services or towards third parties generally.

9.11 To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.

10. Notices

10.1 Notices given under this Agreement may be delivered online or by email. Additionally, GGN may publish notices to the Client via the GGN website; notices will be deemed effective on the date of publication, or otherwise as notified to the Client by GGN. A notice from GGN which is sent by email to the Client’s email address will be deemed effective 3 days after the date it is sent. A notice from the client to GGN will be deemed effective when received by GGN at the email address notified by GGN to the Client.

11. Ending your use of the Service or Suspending the Service

11.1 You may cancel the Online Service at any time, by giving 7 days notice in writing to GGN.

11.2 GGN reserves the right to end or suspend Your use of the Online Service or the availability of the Online Service for any reason. We will usually give you reasonable notice of such termination or suspension, however, this may not always be possible, if for example, there is a security concern or a technical issue.

11.3 GGN reserves the right to terminate this Agreement immediately if:

The User fails to perform any of the obligations required of it under this Agreement or fails to observe any of the obligations under the agreement, and such failure is not remedied by the User within 14 days after receipt by it of a notice requiring the default to be remedied.
Where either party terminates the agreement, GGN will retain all payments made by the User under the Agreement and the User acknowledges that no refunds will be made under any circumstances.
On termination of the Agreement, GGN may henceforth deny the User access to the services.
The account has not been accessed in the previous 15 months.

12. Force Majeure

12.1 Force majeure means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, transportation embargo, failure or delay in transportation, including without limitation where a party ceases to be entitled to access the internet or ceases to have access to the internet for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.

12.2 If a party is wholly or partially precluded from complying with its obligations under this Agreement by Force Majeure, then that party’s obligation to perform in accordance with this Agreement will be suspended for the duration of the Force Majeure.

13. Changes

13.1 GGN has the right to change these terms and conditions and our Anti-Spam Policy at any time, without requiring your acknowledgement or confirmation. Notice will be given of any changes on the blog posts within your account and on the website.

14. Assignment

14.1 Your contract is personal to you and you may not assign it. We may assign our rights to your contract only if such an assignment is on terms which are at least as advantageous to you as those set out in your contract.

15. Payment Conditions

15.1 You must purchase credits in advance of using the Online Service unless you have agreed with GGN to be billed in arrears on a monthly basis.

15.2 If you have opted to make payments by a payment card for the Online Service and you have been accepted for monthly billing GGN will charge the payment card you have provided until further notice UNLESS you:

Email Global Gold: accounts@globalgold.co.uk or accounts@26.co.uk;
Call 0345 313 0905 to update your payment details;
advise GGN of cancellation of your services in writing.

15.3 GGN may hold your payment card data in an encrypted format on your behalf until YOU cancel the specific subscription service in writing or YOU request a change in payment facility.

15.4 If you fail to pay any outstanding invoice for the Online Service before the due date, GGN has the right to suspend the Online Service until payment has been received.

15.5 If your account is suspended for non-payment you may be charged interest at 4% above the base rate in addition to what is outstanding on your account.

15.6 If you chose to cancel your services at GGN this will only occur if your account is fully paid up to date.

15.7 You must pay for all e-mails sent from your account even if your message is blocked by third party servers, spam filters or ISP availability which is out of our control.

15.8 Refunds and reimbursements are not available for any used or unused email credits. In the event of a server issue that affects an email campaign send, credits may be credited at GlobalGold’s discretion.

15.9 The reporting data for all campaigns older than 24 months will be archived and no longer accessible via your account. However the data can be made available upon request and is chargeable at £50.00 per hour +VAT. Any requests will be discussed, agreed and paid for in full before the data retrieval work commences. We cannot guarantee that every data retrieval request will be successful.

16. E-mail Complicance Rules

16.1 All Users of the Online Service must comply with the Anti-Spam Policy.

16.2 The Online Service must not be used send anything deemed unacceptable content, such as:

Pornographic material
Illegal substances or drug paraphernalia
Firearms, ammunition, weapons or knives
Promotion of violence, hate or racism
Get rich quick or pyramind schemes
Lotteries or financial services where the proper licences are not in place
Any campaign which violates the FTC’s CAN-SPAM law
Any other content which violates UK laws or regulations

16.3 All e-mails must include the code for the built-in unsubscribe link

16.4 E-mails must not use misleading or deceptive ‘From’ e-mail addresses or subject lines

16.5 All e-mails must include a valid postal address.

17. The Vailidity of these Terms and Conditions

17.1 We believe these terms and conditions for the Online Service is fair. If any part proves not to be legally valid because it is unfair, it will not affect the rest and we are entitled to treat that term as changed in a way that makes it fair and valid.

18. Law

18.1 These terms and conditions are governed by the law and courts of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

19. Accounts and Data Retention

19.1 GGN reserve the right to close dormant accounts and delete data from the system..

19.2 A dormant account is one that has not been accessed in the previous 3 months.

19.3 GGN will charge for the retrieval of Data for accounts that have been classed as dormant.

19.4 Credits will expire in accounts that have been classed as dormant (19.2)

19.5 Data retrieval will be done on a best endeavour basis. GGN take no responsibility for Data stored in any account.

19.6 It is your responsibility to export data from Suite26 as and when you use the system.

19.7 Dormant accounts with expired credits (19.4) will be fully removed from the Suite26 platform after 30 days