1. Scope
These terms apply to all quotes and assignments of De Mailkamer, a trade name of Ralph Orens, sole proprietorship, Kerkstraat 87, 3550 Heusden-Zolder, Belgium, company number BE 1016.736.875. They apply between businesses. Deviations only apply if we agree them in writing, email included.
2. Sample design and quote
The sample design is free and comes with no obligation. It is an example, not a sent newsletter. As long as we don't work together, you may not send or use it. A quote is valid for 30 days.
3. Packages and prices
The packages and prices are on the Pricing page. They are final prices: De Mailkamer falls under the Belgian special exemption scheme for small businesses and does not charge VAT. You pay Mailchimp's costs directly to Mailchimp, in your own name. Extras are charged separately at the prices on the site or in the quote.
4. Term and cancelling
A package runs for at least three months. After that it can be cancelled monthly by email to ralph@demailkamer.com, no later than the last day of the month, effective at the end of the following month. Emails that are already planned and approved will still be sent.
5. Invoicing
The setup fee is charged at the start. The package is invoiced monthly in advance. Invoices are payable within 14 days. In case of late payment I may pause further sending until the invoice has been paid.
6. Approval and sending
Nothing goes out without your approval. You get each design about five working days in advance, or we approve a monthly plan. You always get a test email first. After your approval you are responsible for the content, such as prices, dates and opening hours. If an approval comes late, the send-out may move.
7. Customer lists and GDPR
You remain the owner of your customer list and are the controller. De Mailkamer only processes the data on your behalf, as a processor, under a separate data processing agreement. You make sure you are allowed to email your customers, for example because they gave consent. Every email contains an unsubscribe link.
8. Images and designs
For photos, logos and copy that you supply, you guarantee that you may use them. You may keep using the template and designs I make for you after payment, even if we stop working together. I may show sent newsletters as examples of my work, unless you don't want that. I always replace the names of recipients when I do.
9. Liability
I do my very best, but I cannot guarantee results, such as a certain number of readers or visitors. I am not liable for outages at Mailchimp or other services. My liability is limited to the amount of the last three monthly invoices, except in case of intent or gross negligence.
10. Law and disputes
Belgian law applies. We always try to solve a problem together first. If that doesn't work, the courts of Limburg, Hasselt division have jurisdiction.