Terms and Conditions for using Mail Klerk for bulk
e-mailing Terms and Conditions for using Mail Klerk for bulk
e-mailing

1. User

1.1. The User agrees to the terms and conditions below, the violation of which may result in financial penalties or termination of the user account in the Mail Klerk service.

1.2. The User agrees to the Webglobe’s General Terms and Conditions and the Terms of domain registration.

1.3. Handling of user data is described in the Privacy Policy.

2. The General Terms and Conditions are supplemented for the Mail Klerk service by these usage terms:

2.1. The User acknowledges that the Mail Klerk service is shared with other users, and e-mail delivery may be affected by current server load caused by other users. The User has the option to rent a dedicated IP address range, which may prioritise their e-mails. The fee for this service is governed by the price list at: webglobe.com/tools/klerk.

2.2. It is prohibited to send messages via the server using carbon copies (Cc:) or blind carbon copies (Bcc:) in large quantities. The maximum number of e-mails that can be sent as any form of copy is 5 per campaign. If the number of recipients in the copy exceeds this limit, no e-mail will be sent by the Mail Klerk service.

2.3. It is strictly forbidden to send e-mails to contacts that were not obtained in accordance with GDPR or are in violation of applicable laws, regulations, or good conduct. Specifically, the User must not send commercial messages to publicly available e-mails of businesses or public institutions, or to purchased databases. If the User does so and a complaint is lodged with the Provider, the Provider is entitled to fine the User €400 excluding VAT for each individual breach of this condition.

2.4. If damages, harm, or any other financial compensation are claimed from the Provider by third parties due to the User’s illegal or non-compliant actions, the Provider is entitled to demand full reimbursement of such compensation from the User.

2.5. In the case of disputes between the User and recipients of their e-mails, the User must provide evidence to the Provider of either consent for receiving commercial messages or a legitimate interest for sending them. Failure to do so entitles the Provider to immediately block the User’s Mail Klerk account.

2.6. The User is obliged to regularly monitor the success rate of e-mail deliveries and delete from their database any e-mail addresses to which delivery is not possible (i.e. invalid contacts). The permitted bounce rate per campaign is max. 2%. If this rate is repeatedly exceeded, it may lead to the account being blocked or permanently deleted. If the bounce rate exceeds 20% in a single campaign, the Provider has the right to stop the delivery of the campaign and delete all remaining undelivered e-mails in the queue.

2.7. It is strictly forbidden to use so-called notification campaigns to send regular e-mail campaigns. Notification campaigns are intended solely for sending system messages, such as order confirmations, password changes, etc.

2.8. The User must not send any unsolicited bulk e-mails (spam) via their SMTP account operated on the Provider’s server. If they do so or if there is suspicion of such activity, it may lead to immediate suspension of the account and deletion of all suspicious e-mails, including those not yet sent. If this behaviour causes any damage to the Provider, the User may be subject to financial penalties.

2.9. If, due to the User’s actions, any of the Provider’s IP addresses is blacklisted, the Provider is entitled to charge the User a penalty of €40 excluding VAT per affected IP address, as well as administrator labour costs related to its removal from the blacklist.

2.10. If a dispute arises between the User and the Office for Personal Data Protection, Webglobe, a.s. is entitled to charge the User for any work undertaken in connection with the matter.

2.11. The User agrees to pay the fees for the services provided by the due date. Failure to do so entitles the Provider to block the account until all outstanding payments are settled. Service fees are payable retroactively, always for the previous month.

2.12. To cancel the account, the customer must send a request from an authorised e-mail address to the Provider’s address at info@webglobe.com. An authorised e-mail is considered to be the login e-mail or the contact e-mail set in the service administration.