Terms of Service
These Terms of Service govern your use of the services provided by ASP OL Media. By engaging ASP OL Media, creating an account, purchasing a service, using our email marketing or delivery services, or otherwise accepting these terms, you agree to be bound by this Agreement.
Please read these terms carefully. They explain what you can expect from ASP OL Media, what we expect from you, how payments and service access work, how campaign and customer data should be handled, and what happens if either party breaches the agreement.
If you do not agree with these terms, you should not use our services.
These Terms of Service apply to services provided by ASP OL Media, including email marketing, bulk email delivery, email campaign management, automation, email design, list management, segmentation, deliverability services, dedicated SMTP services, analytics, reporting and related digital marketing services.
The specific services a customer purchases may vary. Your quotation, proposal, order form, service agreement or other written commercial document may contain additional details about the services included, pricing, campaign volumes, service limits, delivery arrangements and other project-specific requirements.
If a written service proposal contains terms that specifically apply to your account, those terms will be read together with these Terms of Service.
For these Terms of Service:
“ASP OL Media”, “we”, “us” or “our” means ASP OL Media, the provider of the services described in the applicable service agreement, proposal or order.
“Customer”, “you” or “your” means the individual, company, organisation or other legal entity purchasing or using our services.
“Services” means the services that ASP OL Media agrees to provide to you. These may include email marketing campaigns, bulk email delivery, email automation, SMTP services, deliverability management, email list management, segmentation, personalisation, email design, content creation, analytics, reporting and other services described in your proposal or agreement.
“Customer Data” means information, files, contact records, email addresses, campaign information, creative materials and other data supplied by you or collected on your behalf for the purpose of providing the Services.
“Confidential Information” means non-public information disclosed by either party that should reasonably be understood to be confidential because of its nature or the circumstances in which it was disclosed.
“Content” means the text, images, graphics, links, offers, files, landing pages and other material supplied by you or created for your campaigns.
“Subscriber” or “Recipient” means a person or organisation that receives an email sent through the Services.
“Service Fees” means the charges applicable to the Services purchased by you.
“Agreement” means these Terms of Service together with any applicable proposal, quotation, order form, statement of work or other written agreement between you and ASP OL Media.
ASP OL Media provides email marketing and related services based on the scope agreed with each customer.
Depending on the service selected, we may provide:
The exact services available to you depend on your selected plan or written agreement.
We may use third-party infrastructure, software, hosting providers, email delivery networks and other technology providers where reasonably required to provide the Services.
We may also change, update or improve parts of our service infrastructure when necessary to maintain security, reliability, compliance or technical performance. We will make reasonable efforts to avoid unnecessary disruption.
You are responsible for providing the information, access, content and approvals we reasonably need to perform the Services.
Such responsibilities may include:
You are responsible for ensuring that information supplied to us is accurate and current.
If you delay providing required information, approvals, access or materials, the delivery of the Services may be delayed. ASP OL Media will not be responsible for delays caused by your failure to provide information or access that we reasonably require.
You must also ensure that people within your organisation who access the Services understand their responsibilities under these Terms.
You may use our Services only for lawful business and marketing activities.
You must not use the Services to send, store, distribute or promote content that:
We may restrict or suspend a campaign or account if we reasonably believe that its use creates a security, legal, deliverability or reputational risk.
You are responsible for the email addresses and contact data that you provide to ASP OL Media.
You must have a lawful basis to collect and use recipient information for the communications you send through our Services.
You must not upload or use lists that you know, or reasonably should know, were obtained through unlawful means.
You should maintain appropriate records showing how and when subscribers provided permission to receive marketing communications where consent is required.
Purchased, scraped, harvested or otherwise unlawfully obtained email lists may create serious compliance and deliverability problems. ASP OL Media may refuse to process such lists or may suspend sending activity if we believe a list presents an unacceptable risk.
You remain responsible for ensuring that your campaigns comply with the laws that apply to your business, your recipients and the locations in which your campaigns are sent or received.
Marketing emails must provide recipients with an appropriate way to stop receiving future communications where required by applicable law.
When a recipient unsubscribes, you are responsible for respecting that request.
You must not knowingly re-add an unsubscribed recipient to a marketing list unless the person has provided valid permission to receive the relevant communications again and applicable law allows you to do so.
Where ASP OL Media provides suppression, unsubscribe or bounce-management features, you agree not to interfere with those functions or deliberately circumvent them.
Maintaining a clean suppression list is also important for protecting sending reputation and reducing unwanted mail.
You retain ownership of the content and materials that you provide to ASP OL Media.
This includes your:
You give ASP OL Media the permission necessary to use, reproduce, modify and process those materials solely to provide the Services.
You confirm that you have the necessary rights and permissions to provide the materials to us and use them in your campaigns.
If you ask us to use an image, piece of copy, customer list or other material, you remain responsible for ensuring that you have the legal right to use it.
ASP OL Media retains ownership of its own software, systems, technology, processes, templates, documentation, designs, know-how and other proprietary materials unless a separate written agreement states otherwise.
Nothing in these Terms transfers ownership of ASP OL Media's intellectual property to you.
Likewise, ASP OL Media does not acquire ownership of your trademarks, customer databases, brand assets or other materials simply because we use them to provide the Services.
You may not copy, sell, distribute, reverse engineer, modify, reproduce or commercially exploit ASP OL Media's proprietary systems or materials unless we give you written permission.
Where a campaign design, written asset or other deliverable is specifically created for you, ownership and permitted use will depend on the terms agreed in your proposal or service agreement.
Each party may receive confidential information from the other during the course of the relationship.
Confidential Information may include business plans, customer information, pricing, technical information, campaign data, login credentials, marketing strategies, databases, financial information and other non-public information.
The receiving party must use reasonable care to protect Confidential Information and may use it only for purposes connected with the Agreement.
Confidential Information may be disclosed to employees, contractors or service providers who need access to perform their responsibilities, provided they are subject to appropriate confidentiality obligations.
These confidentiality obligations do not apply to information that:
If disclosure is legally required, the receiving party should provide reasonable notice where the law permits it.
You are responsible for protecting your account credentials and for controlling who has access to your account.
Do not share passwords unnecessarily or give access to people who do not need it.
You must notify ASP OL Media promptly if you believe your account, credentials or sending infrastructure has been compromised.
You are responsible for activity carried out through your account unless the activity resulted from our own failure to maintain reasonable security measures.
We may require additional authentication or security checks where necessary to protect your account, our systems or email recipients.
Email delivery depends on many factors outside the direct control of ASP OL Media.
These may include:
We use reasonable technical and operational measures to support email deliverability. These may include authentication, reputation monitoring, list hygiene, sending controls and other deliverability practices.
However, we do not guarantee that every email will reach the recipient's primary inbox.
An email may be delayed, rejected, filtered or placed in a spam or junk folder by a recipient's email provider.
You acknowledge that these factors can change without notice and are not always within ASP OL Media's control.
Depending on the Services selected, you may need to configure DNS records such as SPF, DKIM and DMARC.
You are responsible for providing accurate domain information and granting the access required to configure or verify these records where that work forms part of the agreed Services.
You must not knowingly use a domain, sender identity or email address that you do not have permission to use.
We may recommend changes to your domain authentication, sending practices or campaign setup when those changes are reasonably necessary to support deliverability or compliance.
Where you purchase dedicated SMTP, IP rotation or related email infrastructure services, your use of that infrastructure remains subject to these Terms.
You must not use SMTP infrastructure for spam, phishing, malware, fraudulent activity or other prohibited communications.
We may monitor technical indicators such as bounce rates, complaint rates, unusual sending patterns and other signals associated with abuse or infrastructure risk.
If an account or campaign threatens the stability or reputation of shared or dedicated infrastructure, we may restrict sending while we investigate the issue.
When ASP OL Media prepares campaign content, designs or other marketing materials for you, you may be required to approve those materials before they are sent.
You are responsible for reviewing approved campaigns for accuracy.
This includes checking:
Once you approve a campaign for sending, you remain responsible for the accuracy of the information you supplied or approved.
We may correct obvious technical errors where possible, but you should not rely on us as the final reviewer of your commercial claims or legal compliance.
Depending on your service, ASP OL Media may provide campaign reports containing information such as delivery, bounce, open, click and other engagement metrics.
These figures are provided to help you assess campaign performance.
Email reporting is not always exact. For example, open tracking can be affected by privacy features, security tools, image loading behaviour and changes made by email providers.
Similarly, clicks and other engagement measurements can be affected by security scanners, automated systems and recipient behaviour.
You agree that campaign reports should be interpreted as operational and marketing data rather than as an absolute record of every recipient action.
You agree to pay the service fees stated in your proposal, quotation, invoice, subscription or other applicable commercial agreement.
The payment schedule depends on the service purchased.
Unless otherwise agreed in writing, invoices are payable according to the payment terms stated on the invoice or service agreement.
You are responsible for providing accurate billing information and paying all applicable charges by the due date.
Taxes, duties or government charges that apply to your purchase may be added where required by law.
If an invoice remains unpaid after its due date, ASP OL Media may contact you regarding the outstanding balance.
Where permitted by applicable law and stated in your commercial agreement, late payment charges may apply.
If an account becomes materially overdue, we may suspend some or all Services until the outstanding amount is paid.
Suspension does not remove your obligation to pay amounts already due.
If we incur reasonable costs to recover an overdue amount, we may seek reimbursement where permitted by law and the applicable agreement.
ASP OL Media may temporarily suspend Services where reasonably necessary because of:
Where practical, we will notify you before suspension and provide an opportunity to resolve the issue.
We may act immediately when delay would create a serious security, legal or operational risk.
The term of your service will be stated in your proposal, order form, subscription or other applicable agreement.
If the agreement provides for automatic renewal, the renewal period and notice requirements will be stated in that agreement.
If no specific renewal provision applies, the parties may continue the Services on the basis separately agreed between them.
You remain responsible for all charges incurred before the effective date of termination.
Either party may terminate the Services in accordance with the termination provisions of the applicable agreement.
A party may also terminate the Agreement if the other party commits a material breach and fails to correct that breach within the applicable notice period.
ASP OL Media may terminate or suspend Services immediately where continued use would create a serious legal, security, fraud, abuse or infrastructure risk.
Termination does not cancel payment obligations that arose before termination.
After termination, each party should return or securely dispose of the other party's Confidential Information where required, subject to legal, regulatory, backup and record-keeping requirements.
When Services end, access to certain systems or infrastructure may be disabled.
You should download or request any information you need before the termination date.
If you need assistance transferring campaign data, subscriber information or other materials to another provider, that work may be subject to additional fees if it falls outside the agreed service scope.
Termination does not automatically require either party to delete records that must be retained under applicable law or legitimate business requirements.
ASP OL Media may use third-party software, infrastructure and service providers to deliver parts of the Services.
Third-party services may include email infrastructure, hosting, analytics, DNS services, security systems, payment providers and other technical platforms.
Your use of a third-party service may also be subject to that provider's own terms and policies.
ASP OL Media is not responsible for changes, outages or failures caused solely by a third-party provider where we do not control that provider's systems.
We will take reasonable steps to address service issues that fall within our control.
ASP OL Media will provide the Services with reasonable care and skill consistent with the agreed scope.
However, we do not guarantee that the Services will be uninterrupted or completely error-free.
We do not guarantee:
Marketing performance depends on factors including your offer, audience, market, pricing, content, reputation, website, recipient behaviour and external email provider policies.
Any specific performance guarantee must be expressly stated in a written agreement signed or accepted by both parties.
To the maximum extent permitted by applicable law, ASP OL Media will not be liable for indirect, incidental, special, consequential or punitive losses arising from the Services.
This may include loss of profits, revenue, business opportunities, goodwill, anticipated savings or data where such losses result from circumstances outside our reasonable control.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
Any liability that ASP OL Media may have under the Agreement will be subject to the limitations and exclusions stated in the applicable service agreement and permitted by law.
You agree to defend and indemnify ASP OL Media against third-party claims, losses, liabilities and reasonable costs arising from:
ASP OL Media will provide reasonable notice of a claim where legally permitted and will cooperate with you in responding to the claim.
Both parties should handle personal information in accordance with applicable privacy and data protection laws.
You remain responsible for determining whether you have the required legal basis to collect, process and use your customers’ or subscribers’ personal information.
Where ASP OL Media processes personal information on your behalf, the parties may enter into additional data processing terms where required.
You should not provide personal information that ASP OL Media does not reasonably need to provide the Services.
You must also ensure that your use of our Services does not violate the privacy rights of your customers, subscribers, employees or other individuals.
You should maintain appropriate records relating to your use of the Services.
Depending on the nature of your campaigns, those records may include consent records, unsubscribe requests, campaign approvals, customer communications and other information needed to demonstrate compliance.
You agree to cooperate with reasonable requests from ASP OL Media when information is required to investigate delivery problems, abuse, security incidents or compliance concerns.
ASP OL Media acts as an independent service provider.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, agency or other similar relationship between the parties.
Neither party may make commitments on behalf of the other unless expressly authorised in writing.
You may not transfer your rights or obligations under these Terms to another person or organisation without our prior written consent, except where the applicable agreement expressly allows such transfer.
ASP OL Media may transfer its rights or obligations as part of a merger, restructuring, sale of assets or similar business transaction, subject to applicable law.
Neither party will be responsible for a failure or delay caused by circumstances outside its reasonable control.
These circumstances may include natural disasters, war, civil unrest, government action, internet failures, major infrastructure failures, widespread cyber incidents, power outages, telecommunications failures, labour disputes or failures of third-party infrastructure.
The affected party should take reasonable steps to reduce the impact and, when practical, resume performance.
ASP OL Media may update these Terms of Service when necessary to reflect changes in our services, technology, legal requirements or business practices.
If we make material changes, we may provide notice through the website, email or another reasonable method.
Your continued use of the Services after the effective date of an updated version means that you accept the revised terms, subject to any rights you may have under applicable law or your existing agreement.
These Terms, together with your proposal, quotation, order form, statement of work and any other written terms expressly incorporated into the relationship, form the agreement between you and ASP OL Media concerning the Services.
They replace previous discussions or understandings concerning the same subject matter unless a written agreement states otherwise.
If there is a conflict between these Terms and a specific written service agreement, the specific agreement will control to the extent of that conflict.
If a court or other competent authority determines that a provision of these Terms is invalid or unenforceable, that provision will be limited or removed only to the extent necessary.
The remaining provisions will continue to apply to the extent permitted by law.
If either party does not immediately enforce a provision of these Terms, that does not mean the party has permanently waived its right to enforce that provision later.
A waiver must be given expressly and in writing to be effective.
Where formal notice is required under the applicable agreement, the notice should be sent using the contact information provided by the parties for contractual communications.
You are responsible for keeping your contact and billing information up to date.
ASP OL Media may also communicate routine service information through email, account notifications or other reasonable electronic channels.
These Terms and the relationship between you and ASP OL Media will be governed by the laws applicable in the jurisdiction specified in the applicable service agreement.
Any dispute will be subject to the courts or dispute-resolution process specified in that agreement.
Where no separate jurisdiction clause applies, the parties will attempt to resolve disputes through good-faith discussions before starting formal proceedings, unless immediate legal action is reasonably necessary.
You may accept these Terms electronically through an online form, account registration, email confirmation, proposal acceptance, purchase or another electronic method.
An electronic acceptance will have the same contractual effect as a written acceptance to the extent permitted by applicable law.
You confirm that the person accepting the Services on behalf of an organisation has the authority to enter into the Agreement.
Once you approve an email campaign, you are responsible for reviewing the campaign details before it is sent.
Please check the final version carefully. This includes the recipient list, subject line, sender information, message content, links, images, prices, dates, promotional terms and other commercial information.
If you identify an error after approval, notify ASP OL Media immediately. We will take reasonable steps to stop or correct a campaign where technically possible, but we cannot guarantee that an approved campaign can always be cancelled before delivery begins.
You must not use ASP OL Media services for unsolicited or abusive bulk email activity.
Prohibited activity includes:
ASP OL Media may review campaign activity where reasonably necessary to protect our infrastructure, customers, recipients and service providers.
If we receive credible complaints about an account or campaign, we may investigate the matter.
You agree to cooperate with reasonable requests for information during an investigation.
Depending on the circumstances, we may pause a campaign, restrict account access, request changes to a mailing list, require proof of consent or take other reasonable steps to address the issue.
Where an investigation confirms a serious breach of these Terms, we may suspend or terminate the relevant Services.
We aim to keep our Services available and operational, but no internet-based service can guarantee uninterrupted availability.
Maintenance, security updates, infrastructure changes, network failures and third-party outages can occasionally affect access to the service.
Where practical, we will schedule planned maintenance to reduce disruption.
Nothing in these Terms guarantees a specific uptime level unless a separate service-level agreement expressly provides one.
If you provide suggestions, ideas or feedback about our services, you allow ASP OL Media to use that feedback to improve our products and services without creating an obligation to compensate you, unless we agree otherwise in writing.
We will not publicly disclose your confidential business information simply because you provide feedback.
Any provisions that by their nature should continue after termination will remain in effect.
These provisions may include obligations concerning payment, confidentiality, intellectual property, privacy, limitations of liability, indemnification, dispute resolution and other rights or obligations that are intended to survive termination.
If you have questions about these Terms of Service, your account or the Services, please contact ASP OL Media through the contact details provided on our website or in your service agreement.
Before using the Services, we recommend that you review these Terms together with our Privacy Policy, Data Privacy Policy and Content Policy.
ASP OL Media may update its policies from time to time as its Services and legal requirements change.