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Terms and Conditions

Please read these terms carefully as they set out your rights and obligations when you engage pebble design for any of their services and you must comply with these terms

All work is carried out by Pebble Design on the understanding that the client has agreed to these Terms and Conditions.


Website Payment Terms

  • 50% deposit to be paid on agreement for us to proceed.
  • Progress payments to be invoiced at the end of month 1, month 2 and up to a maximum of 6 months (typically 20%, 20% and 10%). Sites exceeding 6 months can incur additional charges beyond this original proposal.
  • Quotation valid for 30 days.
  • Delivery subject to seasonal influences and time of order.
  • Payment terms: 30 days.
  • Pebble Design has the right to take the site offline for any work not paid for in due time.
  • Accepted payment methods are cash, cheque or EFT, EasyPay direct debit.


Development process & online software system

We use our own custom built online software platform for the delivery of all the stages of development of work, any deviations from this system will incur delays and additional charges. Our online dashboard process will lead you through all stages from - initial quote, site plan, wire-frame, concept design, HTML light responsive (desktop and laptop), full responsive (17 media queries including popular mobile), CMS hosting set up, CMS functionality, site build all pages, testing, go live, post live checking.


Supply of images & content

All images and copy for the website are to be supplied via our dashboard system when requested. Items not supplied on schedule will incur additional costs and delays. We offer copy writing services, photography and stock images as additional services if required.


CMS edit functionality

There is no FTP access to the site, only admin access via the CMS. Copy changes are limited to content supplied through the in-context editor. All ongoing image changes are limited web apps where you’re adding content on a regular basis like the Image gallery, Promotions/Specials, What’s On blog, Local Attractions. All other images are not editable due to responsive coding.


Additional costs for late supply of images and content

If you want images or content changed throughout the website development process, this time will go on your change allowance so we strongly recommend to put the images you would like to use in the folders that we have provided so there is more clarity for the web developers to know which images to use on your web pages before the full build. Once the 10% change allowance is used up, additional costs will be incurred.


Limited image editing functionality

Once the site has been built the images on the static pages (Home page (unless you have requested a Home page Slideshow Web App), Accommodation, Location, Contact, Guest Reviews etc) are not editable from the CMS. The reason for this is that we fully optimise the images on every level - SEO and compress for mobile devices and Google Images. It’s very important the main images on the website are very low resolution or the whole experience from a users point of view can dramatically drop if there is a large image loading, especially on mobile. This suits most of our clients because they understand the level of detail we go to with our image optimisation process which adds to the strong SEO foundation of the site and gives great value to the growth of the website.

The images you can change are all the images in the web apps where you’re adding content on a regular basis like the Image gallery, Promotions/Specials, What’s On blog, Local Attractions…

If you require us to update/add images after the website has gone live that is no problem at all. We can open a 5, 10 or 20 hour support block and allocate updates/changes in 15 minute increments.

You also have the option to add additional functionality to the home page with a slideshow web app, which does allow you to add special promotions, new images, statements and click through buttons. Please contact us for a quote if you would like this functionality.


Change allowance

We have designed our system from many years of experience to be fair and be a win/win for both parties. We have efficient systems that our quotation process is based on and we allow a maximum of a 10% total time allocation for changes during stages which is ample time if you work within our systems. Any changes made at later stages will exceed this allowance and will incur additional charges. Please note that we code our sites to very high responsive standards, 17 different media queries which does not allow for custom mobile styling. This can be done as an optional charge.


Additional build/support time

We do offer additional development hours in blocks of time, 5, 10, 20. We prefer to stay on budget, but are flexible during development if the need arises to extend already quoted and approved stages.


Progress payments

On time payments will ensure that the workflow is maintained, any delays will cause delays in delivery of stages.

Progress payments to be invoiced at the end of month 1, month 2 and up to a maximum of 6 months (typically 20%, 20% and 10%). Sites exceeding 6 months can incur additional charges beyond this original proposal.

If you have negotiated a 12 month payment plan and for any reason a monthly payment gets missed, this will null and void the 12 month contract and full payment will then be required.


Business consultancy

We are exceptional website developers, but also offer marketing consultancy as an additional service if this is required to help develop your product or business.


IT Consultancy

We are web developers and have limited knowledge of network, email, backup set ups. It is preferable that you use specialised consultants for these services as they are not included in our services. We are not liable or responsible for any email issues. We can only offer limited support to the best of our knowledge as web developers are not specialists in this field.

If you don't wish to use an external IT consultant and you do want us to support you we can do so through an IT support block. Contact our production manager for our latest pricing.


Ongoing support

We offer online marketing strategies to help extend the effectiveness of your website. Additional web functionality can be added and extended as one off jobs or done through pre paid support blocks of time. We can assist with further content and article writing, landing pages, email marketing, adwords, photography, social media and extended SEO.


Artwork and Photography Terms

  • Additional changes, out of scope authors changes, additional training and instruction will incur additional charges and will be advised before commencement.
  • Work will not proceed without written authorisation at sign off periods and on time payments of deposit, progress charges and hosting charges.
  • Unless stated otherwise, all works and submissions created by Pebble Design are Copyright © Pebble Design.


The Fine Print

  • Pebble Design will assist as best possible if there are client side computer hardware or software issues, however it is the responsibility of the client to consult with an IT company on hardware/software issues or mail server solutions.
  • Pebble Design will not be responsible for problems resulting from changes to a website conducted by any other party.
  • Pebble Design will assist in domain delegation but is not liable for any delays caused by third party providers. Please be aware that there are several procedures beyond our control which can effect the delegation process.
  • Pebble Design web hosting is all done on third party servers* who specialise in these services. Pebble Design are not liable for any outages or loss of services through any of these 3rd party companies at any time.
  • Pebble Design is not responsible for negative results resulting from failure to implement optimization particulars as indicated in the ongoing and continued optimization of the site.
  • Pebble Design reserves the right to modify all aspects of the SEO service including search engine submission and strategies at any time in the interest of achieving the best results for the client.
  • Due to the diverse nature of SEO and the regular algorithm changes, Pebble Design is not responsible for organic rankings in search engines.
  • In the event of the contract between Pebble Design and the client being terminated by either party, Pebble Design owns the intellectual property of all original build files and the client owns all the content and files on the live server. The client will be able to take all the files on the live server and host elsewhere and continue with their live website. If the website is built on the CMS server platform all functionality would be lost, unless hosted on the same CMS server with a different company.
  • Pebble Design cannot guarantee SEO placing of the website. Successful listing is a function of the uniqueness and quality of the website and subject to variation based on competitor’s activities. Popular keywords or general keywords are more competitive than others, affecting listing dramatically.
  • Due to delays typically encountered with indexation of submitted pages, Pebble Design is not responsible for slow or non response by a particular search engine.
  • Pebble Design is not liable for content added via the CMS, it is the responsibility of the client to ensure approved, legal content suitable for general viewing is made available via their website.
  • Should you choose to move your website elsewhere there will be no website hosting refund.

*How reliable is Business Catalyst? (off their website)

The data centers that host Business Catalyst are located in Tier 4 data center facilities, and the servers have:

  • Multiple cooling and power distribution paths for stability
  • Multiple active power distribution paths to help prevent down time from blackouts
  • Redundant components for fault tolerance
  • High connectivity and power into the machines

All of the data center facilities are connected to the Internet via Tier 1 networks, or have peering arrangements with Tier 1 networks. This means that the servers are essentially hooked in to the "backbone" of the Internet, which generally results in higher network speeds and lower latency from your customer's browser to the servers. Adobe uses reasonable efforts to make the services available 24x7.

From the Adobe website:

9. Limitation of Liability.

9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.


Ownership and Rights

  • The process of creating the 'finished product' for a client, requires the construction of native and/or master files. These files contain intellectual techniques and/or information. Whilst the 'finished product' is the sole property of the client (upon full payment), the 'native files' remain the property of Pebble Design.
  • The native (source) files (the files that were used to originally create the document, ie, InDesign™, Illustrator™, Photoshop™, HTML, Word™, PowerPoint™, Excel™, etc) sketches, illustration, including electronic files, procedures and development files employed to create the agreed work remain the sole property of Pebble Design unless specifically agreed and released in writing and after all costs have been settled.
  • A charge for supply of native files will be incurred as it includes intellectual creative expertise, file retrieval, digital file/disc transfer, compensation for loss of (future) earnings. Native files will not be supplied until payment is received in full. This does not include unused intermediate ideas and concepts, which will remain the property of Pebble Design. Also does not include purchased Fonts as it is illegal to hand them over – instead the font licences will need to be supplied in outlines and the client will have to purchase the font licences themselves.
  • For Commercial Confidentiality and Intellectual Property reasons, Pebble Design native files cannot be accessed by any external company or contractors without prior consent of Pebble Design. In the event that Pebble Design (at our sole discretion) allows access by 3rd parties additional terms & conditions will apply. By allowing external parties to access these files, you unconditionally waive Pebble Design for any liability that may be associated by changes to the files and backup files that we may hold.
  • Part of Pebble Design's duty of care to our clients is to maintain a thorough storage and back-up procedure of your native files. Once confirmation of receipt of native files has been received from the client, Pebble Design will immediately REMOVE said native files and subsequent back-ups from our servers.
  • Charges may apply to digitally transport large file sizes at the discretion of Pebble Design and the client will be solely responsible for these costs.
  • Pebble Design will construct achievable ‘non-native’ file requests on any given request, standard hourly charges/rates will apply.
  • In the construction of Graphics and Data, Pebble Design relies upon the information that is supplied by the client. While best practice is applied by Pebble Design, it is the sole responsibly of the client to ensure the information is correct and the end result matches the data supplied. Clients unconditionally accept that the final proof supplied is correct and cannot hold Pebble Design liable under any circumstances for errors and omissions.
  • While constructing Graphics and presentation, Pebble Design may purchase stock photography or font licences. These images and fonts are licensed to Pebble Design and are not transferable without written authorisation by Pebble Design with the appropriate royalty fees.
  • Images and fonts supplied by the client for artwork must be licesnsed by the client and the client accepts all liability for any infringing copyright. Once the images are supplied to Pebble Design, we will use them without restriction in the project or any related projects - unless advised of any restrictions.
  • All data is treated in commercial confidence, but will remain on our systems for integrity verification in the event of a dispute. In the event of a client not using our design and development services in the period of 24 calendar months, Pebble Design retains the right to remove all backups & native files without the clients knowledge. Should the client wish to terminate our service it is their responsibility to request the backup files.
  • Whilst every effort has been made in ensuring that print-ready artwork is colour correct and free of errors, Pebble Design can not be held liable for colour matching or production quality should a client choose to manage the printing process themselves.
  • Although we highly recommend that Pebble Design manage the production process from concept to completion, we advise clients that wish to manage the production of their printed items understand the importance of carefully checking printed proofs (not just digital proofs) and press checking is advised to ensure a quality finish.


Copyrights and Trademarks

  • Copyright is retained by Pebble Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Pebble Design as fulfilling the contract. All other designs and concepts remain the property of Pebble Design, unless agreed in writing that this arrangement has been changed.
  • By supplying text, images and other data to Pebble Design for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
  • The customer agrees to fully indemnify and hold Pebble Design free from any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.


Design Charges

  • Prices quoted for all work are estimates only and are based on the initial brief from the client. Any changes, corrections or work additional to the original brief will be charged at an hourly rate (or a preagreed fee negotiated by the client and Pebble Design).
  • Charges for design services to be provided by Pebble Design, will be set out in a written estimate or quotation that is provided to the customer. At the time of the customer's signed or email acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Pebble Design has received this amount.
  • All work conducted by Pebble Design at the request of the Customer, and without an agreed quotation will be charged at an hourly rate. Charges are not negotiable once work has commenced.


Web Code Standards

  • Code XHTML 1, CSS 3 - current industry standard (HTML 5 elements on request if required), Semantic coded, clean and optimized code and images for search engines & load speed, Compatibility in most popular browsers including Internet Explorer 9+, Firefox, Chrome, Safari and Opera. Splash page for Internet Explorer 7 and 8, 301 Redirects from old website, On Page SEO (page titles and URLs, meta data, H1 tags), Google Web Fonts, Javascript and jQuery (no Flash - not supported on Apple devices), Favicon (browser icon), Google Analytics tracking.


Charges for Other Services and charges from third party providers

  • Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted service amount) at the time of estimate or quotation acceptance.
  • All third party costs incurred from any third party supplier, as requested or agreed by our client, are liable by the client unless prior written notification (email is acceptable) is recieved within appropriate timing.


General Payment

  • The client will be provided with an Invoice prior to final issue of artwork or publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days from the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. If the services of a debt collection agency are required to receive payment of this account, the cost collection will be added to your invoice.


Supply of Files by the Client

  • It is the responsibility of the client to supply correct, proofed text files in an agreed format and file type. Any changes or corrections to original text supplied will be charged at an hourly rate (minimum of one hour).
  • It is the responsibility of the client to supply appropriate resolution photos and images in an agreed file type. Pebble Design takes no responsibility for the print quality or resolution of images provided by the client.

Final Art Approvals and Changes

  • It is the responsibility of the client to proof all artwork and production files before sign-off and/or production. Pebble Design takes no responsibility for errors in typography, spelling, grammar, formatting or file errors.
  • Any changes or corrections made by the client subsequent to the issue of final artwork will be charged at an hourly rate (minimum of one hour). Pebble Design may extend or modify any delivery schedule or deadline as may be required by such changes. Re-issue of artwork on disk, via e-mail or ftp upload will be charged at an hourly rate (minimum of one hour).

Showcasing Artwork

  • Pebble Design reserves the right to show any artwork, ideas and sketches created for Projects in a portfolio, in various online galleries and in logo process posts as examples of client work.
  • Pebble Design owns the right to display and showcase their work by any means they see fit and brand all of their work with their logo and link back to their website.


Website Backup

It is important that your website, and all associated files, are backed up and stored safely. Backing up your website is no different to backing up files located on your computer; it is the best way to ‘save’ your website should something go wrong. We back up your site prior to going live on our servers, but remember that once you start adding content through specials, blog posts, local attractions, images to your image gallery web app or guest reviews via your guests feedback app, your website is constantly growing in size and content. Just like any other data, it is key to have this backed up on a regular basis.


What could go wrong?

Why would you need a backup of your website when it is safely stored somewhere on the internet? Unfortunately, like everything else, there is no 100% guarantee that your website is safe. As per all things digital, they do go wrong at times and ultimately, you are responsible for your digital data should anything happen.

Crucial files could be deleted (even by accident by your staff), or the host server could be effected by an act of nature, terrorism etc.

To date we have not had any problems with any of our sites or the website host that have not been addressed in a timely manor as you would expect supported by such a big software company such as Adobe.


What if I want to change Adobe Business Catalyst partners?

Adobe Business Catalyst is built for web developers and you can always transfer your website to another Adobe Business Catalyst partner.

To move a site from one Partner Portal to another, all parties involved (the original partner user, the site admin/owner and the new partner) must approve the transfer.

Sites that have outstanding invoices cannot be transferred. No pre-paid hosting fees are transferred with the site. The site becomes a Trial site in the new Partner Portal and needs to be upgraded using the regular site upgrade workflow. For security reasons, upon transferring a site all information related to payment gateway will be automatically deleted and you will have to re-configure the setup once the process is finished.


How reliable is Adobe BC?

The data centers that host Business Catalyst are located in Tier 4 data center facilities, and the servers have:

  • Multiple cooling and power distribution paths for stability
  • Multiple active power distribution paths to help prevent down time from blackouts
  • Redundant components for fault tolerance
  • High connectivity and power into the machines
  • All of the data center facilities are connected to the Internet via Tier 1 networks, or have peering arrangements with Tier 1 networks. This means that the servers are essentially hooked in to the "backbone" of the Internet, which generally results in higher network speeds and lower latency from your customer's browser to the servers. Adobe uses reasonable efforts to make the services available 24x7.


Data Centres

The data centers are located on three continents to help customers receive optimum response times from their websites.

  • North America (New Jersey, USA)
  • Europe (Dublin, Ireland)
  • Asia Pacific (Sydney, Australia)


Does Adobe not provide backups?

Adobe Business Catalyst has a highly fault-tolerant server configuration in its data centers. All servers also have regular full and differential backups. However, it is important to note that recovery procedures cannot be initiated for individual file backups, as they are intended to perform "full recovery" of the servers in the event of a hardware or software failure only.

At an individual site level, customers are to manage their own redundancy procedures. Admin access by developers can copy your web pages, templates, and layouts as often as you see fit. CRM data can be backed up via the CMS or done at the same time by your developer when backing up the full site.


What about security? How secure is Business Catalyst?

Business Catalyst has a multitude of security mechanisms in place, such as AAA (Authentication, Authorization, and Access Control), attack detection and annihilation mechanisms, encryption of sensitive data, firewalls, anti-virus, etc.

Business Catalyst is a PCI Level 1 compliant product . Accordingly, all cardholder data specific mechanisms, environments, policies, procedures, etc. have been audited for security compliance by an accredited 3rd party investigator.

The Business Catalyst code and environments are regularly tested for security holes both manually and using various 3rd party penetration software. A multitude of security standards (e.g., OWASP) are considered and followed.


Peace of mind - Backup Packages

  • Monthly backup package
    With our backup package, we run a monthly full backup that downloads all files, web app items and your CRM database.
    Monthly website backup cost - $75 + gst or pay yearly and receive a 10% discount - $810 plus gst per year
  • 6 month backup package
    Two backups per year - $150 plus gst per year
  • 12 month backup package
    One backup per year - $75 plus gst per year


Pebble Mailer Privacy and Anti-Spam Policy

At Pebble Design, we respect the privacy needs of our valued customers and members. This Privacy Policy outlines what specific information is gathered on the Pebble Mailer site and how that information is used.

Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at hello@pebbledesign.com.au.

Information Collection and Use

Pebble Mailer collects information that personally identifies you (“personal information”) in some circumstances, for example when you apply for our services or our customers provide your personal information to us so that we can help them communicate with you by email. The types of personal information we collect include name, contact details, identification information, organisation, title, information submitted in forms, payment details and enquiry/complaint details. We also collect personal information about your interactions and transactions with us, including any through monitoring and recording any contact we have with you by telephone, email or online for purposes including security, dispute resolution and training. We collect personal information directly from you as well as from third parties including public sources, our related companies, information service providers and the parties with whom we exchange information as described here.

We also store and manage information on behalf of our customers so they can manage their email campaigns. This includes information about our customers’ subscribers such as email addresses, emails received, links accessed (we sometimes track this for customers through our software) and other details entered by customers into our systems, which are subject to our Terms of Use but are not otherwise limited or controlled by us. It is possible that in this respect we could handle sensitive information such as information about professional association membership, political beliefs, health and religion. We do not use this information for our own purposes.

We collect, use and disclose your personal information to provide, administer, improve and personalise our products and services, maintain and update our records, manage our relationship with you and our customers and deal with your enquiries and concerns. We may also collect, use and disclose your personal information in connection with suspected fraud, misconduct and unlawful activity.

If you are our customer, your personal information is used to create your personal access to our email marketing product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identity and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by Pebble Mailer may be used to tailor this web site or any requested email communications, and to display information that is more relevant to you. Pebble Mailer also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will Pebble Mailer make any personal information about an individual user available publicly in this manner.

Your email address is used to only send you information that you have requested. As part of your use of our email marketing software, Pebble Mailer allows you to elect to receive, or not receive, certain information. Pebble Mailer adheres strictly to permission-based email policy. Except as mentioned above, Pebble Mailer will not send you unsolicited email information, commercial offers or advertisements. Pebble Mailer will not sell, rent, or loan our contact lists or our customer’s contact lists (including customer data) to any outside firms not involved in the provision of Pebble Mailer services, nor will Pebble Design use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.

We may not be able to do the things described above without your personal information. For example, we may not be able to communicate with you and deal with your enquiries.



Disclosure

Pebble Mailer will not use or disclose your personal information without your consent, except:

  • where required or authorised by law;
  • to implement the terms of any agreement we have with you;
  • to assist the lawful investigation of a law enforcement authority;
  • to protect the rights, property or personal safety of another Pebble Mailer customer, any member of the public or Pebble Mailer;
  • the assets and operations of the business are transferred to another party as a going concern; or
  • as otherwise described in this Privacy Policy.

We may exchange your personal information with your representatives and with our service providers that assist us with archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigation, website or technology services. Third parties to whom we disclose personal information may be located in Australia, the United States of America and other countries.

Subscriber Lists, Campaign Content and Campaign Reports

Pebble Mailer employs a range of measures to protect the privacy and confidentiality of personal information in subscriber lists, email content and reports. Pebble Mailer may scan the content of your campaigns to ensure it complies with our Terms of Use — to protect against defamatory, inaccurate, abusive, obscene, profane, or threatening material that is racially or ethnically offensive.



Communications from the Site

Special Offers and Updates

We send all new users a welcoming email to verify their new account and confirm their password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Customers can unsubscribe via the unsubscribe mechanism at the bottom of each email.



Newsletter

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.



Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.



Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.



Website Usage Information

We use your IP address to help diagnose problems with our server, and to administer our website. We do not link your IP address which accesses our website to any personal information. We use tracking information to determine which areas our site users visit based on traffic to those areas. Pebble Mailer does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.

Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes. Most web browsers are set to accept cookies. Pebble Mailer uses cookies to make your use of our website and services as convenient as possible. Cookies are useful to estimate our number of visitors and to determine overall traffic patterns through our website.

If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of Pebble Mailer's services.

In providing email campaign services for our customers, we may link cookies and IP addresses with records of emails received and links accessed to help our customers monitor the effectiveness of their email campaigns and manage their relationships with subscribers.

In some cases third parties may use cookies and other technologies such as web beacons and JavaScript on our website in connection with online services like website analytics and surveys. This may allow them to collect information about your use of our website (including your computer’s IP address) which they may store in the United States or other countries. The use of these technologies allows them to deliver customised evaluate users use of our website and other websites and provide other services relating to website activity and internet usage. Those third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf. The services we may use from time to time include Google Analytics, Yahoo, Adobe and Microsoft. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct.

Our website may contains links to other sites. We are not responsible for the privacy practices or policies of those sites.



Security Technology

Pebble Mailer has made a substantial investment in server, database, backup and firewall technologies to protect our information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is strongly protected by Pebble Mailer against unauthorised access. We will maintain safeguards to protect the security of these servers and your personal information.

Pebble Mailer may process, store and back up its information with the assistance of those providers.



Policy Modifications

We may change this Privacy Policy from time to time. If/when Pebble Mailer makes changes to this privacy statement, we will post any changes here, so be sure to check back periodically.



Anti-Spam

At Pebble Design, we take permission very seriously. By creating an account and agreeing to our Terms of Use, you are also agreeing to this anti-spam policy.

The law isn’t enough, it’s permission that counts

While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing.

Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.

But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.



What kind of email addresses are OK to send to with Pebble Mailer?

To send email to anyone using Pebble Mailer you must have clearly obtained their permission. This could be done through:

  • An email newsletter subscribe form on your web site.
  • An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
  • If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by email AND they ticked a box indicating they would like you to contact them.
  • Customers who have purchased from you within the last 2 years. If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email about that specific topic.

Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you’re contacting them about.

What kind of email addresses are NOT OK to send to with Pebble Mailer?

Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using Pebble Mailer, you agree not to import or send to any email address which:

  • You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
  • You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
  • You haven’t contacted via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
  • You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

Sure, some of these people might have given you their email address, but what’s missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won’t be effective and will more than likely see your email marked as spam by many of your recipients.



What content MUST I include in my email?

Every email you send using Pebble Mailer must include the following:

  • A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
  • The name and physical address of the sender. If you’re sending an email for your client, you’ll need to include your client’s details instead.


How we’ll know if you don’t have permission

Pebble Mailer has numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here’s a few of them:

  • Until your account has been approved by a member of our team, every email you send will need to be approved.
  • Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s like Outlook.com and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.3% of all recipients (that’s 30 complaints for every 10,000 recipients) you will receive a warning email requesting an explanation and giving you advice. This is a generous figure that takes into account false spam reports. Higher levels of complaints will result in accounts being locked or terminated.
  • Our team verifies all large lists imported into our software. Until we’ve given it the all clear, you can’t send to it.
  • We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.

If we do discover that you’re emailing people without their permission, we will terminate your account with Pebble Mailer immediately.

In the end, it’s really common sense. Take off your marketing hat and put yourself in your recipient’s shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple.

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