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
Initial 50% deposit to be paid on agreement and progress payments to be invoiced no later than the end of month 1, month 2 and up to a maximum of 6 months (typically 25% and 25%).
- If on monthly direct debit plan - Monthly fees invoiced for each month from the start of the project, and to be set-up as automatic direct debit payments via our secure payment page. Early cancellation, will require payment of all months in full.
- Sites exceeding 6 months can incur additional charges beyond this original proposal.
- Payment on all progress payments and website hosting required in full before going live.
- Quotation valid for 30 days.
- Delivery subject to seasonal influences and time of order.
- Payment terms: 7 days
Pebble Design has the right to take the site offline for any work not paid for by the due date.
Accepted payment methods - bank account transfer, credit card or BPAY.
Development process & online software system
We lead you through all stages of the website process with ease and simplicity. The stages we move through are the initial quote, brief, content, technical info, concept, html full responsive (17 media queries including popular mobile), CMS hosting set up and functionality, build all website pages, testing, go live, post live checking. Any deviations from this system may incur delays and additional charges.
Development timelines and schedules will be adhered to by both you and Pebble Design. Where development schedules are not adhered to by you the final delivery date or dates will be adjusted accordingly. Pebble Design can extend the due date for any Deliverable by giving written email notice to you. Building a website after concept approval and all the information and images are provided can take between 4 weeks to 12 weeks depending on the size and functionality of the website.
Supply of images & content
All images and copy for the website are to be supplied via We Transfer 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 and image changes are limited to content via modules and pages like the Accommodation, Promotions/Specials, What’s On blog, Local Attractions, Image gallery, Guest Reviews. All other images in the main website template/s and on occasion a few custom images are not editable due to hard 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 5% change allowance is used up, additional costs will be incurred.
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 5% 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.
On time payments will ensure that the workflow is maintained, any delays will cause delays in delivery of stages. An invoice will be emailed to you to make payment.
Progress payments to be invoiced no later than the end of month 1, month 2 and up to a maximum of 6 months (typically 25% and 25%).
If you have negotiated a 12 or 24 month payment plan and for any reason a monthly payment gets missed, this will null and void the 12 or 24 month contract and full payment will then be required.
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.
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.
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, loss of services or cease 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. If you want to host the website elsewhere, we can prepare the files for you so your new developer can host them on a new server. There is a charge for us to prepare the site to move off our server environment which needs to be paid in advance. As we have developed our own custom hotel server environment, you will need your developer to modify to suit your new hosting environment. If the website is built on a different CMS server platform all functionality would be lost. You are licensed for this template to be used on one site only. Please contact us if you required additional website licenses.
- 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.
- If you or an agent of yours other than Pebble Design attempts to update, edit or alter the website, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, you are liable to pay for the time needed for Pebble Design to repair the services.
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.
- One of the conditions of us creating your website is that we are credited in your website footer on every page and the credit links to our website.
- 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
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.
- 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.
- If you fail to pay any invoice, Pebble Design reserve the right to withdraw the services and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to you, as well as work performed, may be retained as security until all just claims against you are satisfied.
- All ongoing support rates are charged in blocks of time in advance.
- Website CMS hosting is payable in advance to ensure a website remains live. To cancel website hosting 1 months notice in writing is required. No refunds are available on annual or monthly hosting plans.
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).
- 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.
Project Communication and Delays
To maintain efficient flow of the project through to completion, regular and transparent communication is required at all key stages.
If in the event there is a communication breakdown and no communication has been acknowledged or responded to after a 2 month period, we withhold the right to cancel the project and pursue any outstanding payments owing for time, work and expenses incurred. We retain the copyright to any uncompleted projects and related files.
All domain names are legally owned by you. All domain name registrations aresubject to availability and registration rules. You manage your domain(s) and payment of fees. Pebble Design use various Registrars to manage your domain names. You are bound by the Registrar’s “Domain name registration terms” which are found on their website. You indemnify Pebble Design against any loss or damage arising directly or indirectly from any failure of services provided by the Registrar.
Pebble Wordpress Premium Server Environment
Our hosting environment has been purposed designed for commercial use, reliability and security. Our custom server set up has been designed to ensure SSL security, weekly updates, daily website backups, monitoring and maintenance, bandwidth flexibility, performance and load speed delivery, global functionality upgrades and updates to our custom built templates, increased CPU performance and a customised, easy to use back-end environment for the many varied skill set of our clients and their marketing teams. We can also use a CDN (content delivery network) solution to further increase performance and speed of our sites for faster global delivery across 4000 plus servers. All of our services are included in a monthly hosting cost, no more to do or pay for our clients, no lock in contracts for monthly maintenance etc.
If you do choose to host the site on your servers we can not be responsible for the code we deliver functioning as efficiently or accurately on a foreign server environment. We are also not liable for the weekly maintenance or daily backup functionality. We also cannot offer custom upgrades, new widgets and plug-ins we design that will work in a foreign environment.
Our standard server hosting covers up to 1GB of data. We are at liberty and have the right to increase the monthly cost if it goes over 1GB.
Client admin access and developer level access to the backend of your WordPress website
Client Admin Access
Our standard procedure is to set our clients up with client level access. This includes being able to edit all images and content in the website. This does not include structural and template coded and hard coded areas such as forms, maps, header, footer... For ease of content updates, we have purpose designed modules which are fully editable at this level.
SEO access is available on request and there will be additional costs for setup.
Developer Admin Access
If you wish to have full admin access, we will need to discuss this with you and the other parties involved. We are constantly changing and upgrading our backend code and if another developer was to be also doing this things will go wrong pretty quick and at who's expense. From experience, due to our custom built WordPress backend environment, it is our preference for only us to have access in order to securely and properly maintain the server environment. If you wish another developer to have this level of access then you will need to be prepared for them to take over and manager the server environment completely.
If you would like to setup developer level admin access, there is an cost involved and you will need to agree to the below terms and conditions. We know our code and ideally it would be better for us to implement any code changes etc rather than the risk of a 3rd party compromising the integrity of the site. Websites are an intricate set of instructions that have a cause and effect much deeper than the visual on page pixels. Each plugin can and does effect the entire performance of the website. They can cause the whole site to crash, make it vulnerable in security, effect rankings and speed. Plugins are not always the best way to achieve an outcome when you can hard code in a much more simple and efficient manor and reduce future complications.
If you want developer level admin access or wish to give a 3rd party access to your website you agree to pay a setup fee and an ongoing additional maintenance fee. Once access has been provided and the site altered, we are no longer liable or responsible for any complications as a result of this (web architecture can easily be broken and have more serious impacts on the website).
We are also not liable for loss of speed if additional code or tracking is administered to the site.
It is the responsibility of the client to pay for any additional work required that we may need to fix due to any conflicting code.
The time to prepare the site and set-up developer level access for someone is approximately 5 hours which can be covered by a prepaid web support block.
The additional ongoing monthly maintenance cost is $49 + gst per month.
As with any website there is a specific code structure which can break the site or make the site vulnerable with 3rd party plugins. Please be aware that once you start working with developer level access on the website we cannot be responsible if anything breaks or goes wrong and in the event of anything conflicting or breaking now or at any future date you would need to pay for us to fix it.
Any additional plugins installed need to be updated regularly which is a part of our system and can be covered by the ongoing monthly maintenance cost (depending on the specific plugins there may be further additional maintenance costs).
We carry out regular version updates which may interfere with updates you’ve made or plugins or code you’ve added. We’re working in a local and live environment, so any updates either party makes can override the others. You agree that you are liable to pay for support time for us to fix any conflicts, breakages or updates overridden.
We try and use minimal plugins within our WordPress environment to maintain a high level of security. Many developers have their own suite of plugins they are familiar and comfortable with that can effect site speed and performance. If any plugins or code are added to the website by you we’re not responsible for their security or any code conflicts, breakages on the website or impacts on speed and performance.
For developer level access, it’s essential you are extremely confident that you or your 3rd parties coding ability is at the same level or standard that our developers work too.
You agree to these terms if you request full developer level access and engage a 3rd party to update your site or you are updating the site.
Hosting your WordPress website on a different server
If you want to host your website on different servers, we can package up the files and provide them to you. You will then need to find a new website developer who can install them on the other servers as they are most likely configurated quite differently. They will need to take the site live and do all updates moving forward. We won’t be able to do any future speed optimisations, custom designed hotel widget installations which we have purposely designed for hotel clients to increase direct bookings and grow databases, theme optimisations, WP or Plugin updates or any other updates moving forward.
Not all web servers are equal. There is a massive difference between hosting environments and that is why we are not prepared to comprise as we want the best for our clients. We know how much revenue is made from a hotel website and if comprised how much revenue can be lost! It’s a bit like paying for a beautiful sports car but then diluting the fuel and putting really cheap types on it and expecting it to perform the same... it just won’t. It’s critical in the marketing and success of hotels that there is piece of mind knowing that the website is secure and performing at its best.
Our custom server environment and website code is our intellectual property and by hosting your website with us does not include full access to our IP. For a new website going live or moving an existing WordPress website, we need to package the code and digital files for hand over and the cost is $750 + gst. Alternatively we can set up full admin access for $750 + gst.
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) and Asia Pacific (Sydney, Australia)
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.
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.
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 - Adobe Backup Packages
- Adobe 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. However Adobe has made the decision to cease its Business Catalyst hosting service in early 2021. Pebble Design is offering a small migration cost to move onto WordPress. Alternatively, we will give your new web developer access to your Business Catalyst website so they can access all of your data.
- 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.
- 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
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 firstname.lastname@example.org.
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 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.
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
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
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.
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.
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.
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.
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.
Our website may contains links to other sites. We are not responsible for the privacy practices or policies of those sites.
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.
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.