The following additional terms (“Additional Terms”) are between Dotdigital (as defined in the Terms, “we”) and the Client (“you”) and shall apply to certain Services the Client purchases from Dotdigital. By purchasing and using these Services, the Client agrees to the Additional Terms below. These Additional Terms are supplemental to the Dotdigital Terms as located at https://www.dotdigital.com/terms (“Terms”), are part of the Terms, and shall be read in conjunction with the Terms. In the event of any conflict or inconsistency between these Additional Terms and the Terms, the provisions of these Additional Terms shall prevail in relation to the Services below.
Dotdigital may update these Additional Terms from time to time. Any changes will be posted on this page, and Dotdigital encourages the Client to review them regularly. Changes will take effect immediately upon posting, or as otherwise specified. The Client’s continued use of the specific Service after any modifications indicates their acceptance of the revised Additional Terms. If the Client does not agree with the changes, the Client must discontinue the use of the applicable Service.
1. Allowances
1.1
The Client’s usage of certain Services is subject to the allowances specified in the Service Agreement. These allowances may include, but are not limited to, limits on the number of contacts, messages, and Insight data records, based on the service level purchased by the Client. If the Client exceeds their specified allowance, they will incur overage charges at the rates detailed in the Service Agreement.
1.2
For more information on how allowances work, including what counts towards the Client’s allowance, please refer to our Allowance Policy page located at https://support.dotdigital.com/en/articles/10153477-understand-contract-allowances. This page is incorporated into these Additional Terms by reference, along with any pages referenced therein.
1.3
If the Client begins using the Services before the Start Month specified in the Service Agreement and the Client’s message sends exceeds 1% of the Client’s annual message allowance (or 10% of the Client’s monthly message allowance if the Client has a monthly rolling Service), the Client shall be charged the entire monthly contract payment for the relevant messaging allowance service.
1.4
If the Client begins using the Services before the Start Month specified in the Service Agreement and the Client’s custom Insight Data storage exceeds 1% of the Client’s annual custom Insight Data allowance, the Client shall be charged the entire monthly contract payment for the relevant custom Insight Data service.
1.5
For Advanced Personalization and Hyper Personalization services, the following fair use policies shall apply:
1.5.1
For Advance Personalization or Hyper Personalization in emails, the total number of loaded personalizations powered by Advance Personalization or Hyper Personalization service may not exceed five (5) times the Client’s Standard Messaging Allowance, and the total number of personalized images powered by Advance Personalization or Hyper Personalization service may not exceed ten (10) times the Client’s Standard Messaging Allowance.
1.5.2
For Advance Personalization or Hyper Personalization on a website, the total number of loaded personalizations powered by Advance Personalization or Hyper Personalization service may not exceed ten (10) times of the Client’s Web Page Views Allowance.
1.5.3
If any fair usage policy specified above is exceeded, the Client shall incur additional charges.
1.5.4
The Web Page Views Allowance specified in a Service Agreement is per month and per website. The Client shall have Web Page Views Allowance for using the Advanced Personalization or Hyper Personalization on its website. Should the Client exceeds the allowance, the Client will incur overage charges for each additional Page View at 125% of the Client’s base cost per Page View according to the pricing and allowance specified in the Service Agreement. The Web Page Views Allowance is subject to the Fair Use Policy specified in clause 1.5 above.
2. Professional Services
2.1
Definition and Applicability: The Professional Services are those marked as such in the Service Agreement or considered as Professional Services under the Professional Services Terms located at https://dotdigital.com/terms/professional-services-terms/. These services are subject to the Professional Services Terms in addition to the Terms and Additional Terms.
2.2
Consumption and Scheduling: If indicated in the Service Agreement, a Professional Service must be consumed by the date specified in the Service Agreement, on a date and time to be agreed with Dotdigital. Unless due to the availability of the platform or if Dotdigital otherwise agrees to an extension in writing, any failure to instruct Dotdigital to commence or agree to the Professional Service (in whole or in part) will result in forfeiture of the entirety of the fee, and no credits or refunds, pro rata or otherwise, will be provided.
2.3
Professional Service Credit Terms: If a specific term is provided for a Professional Service credit in the Service Agreement (e.g., monthly, annual), any credits not used by the end of the term specified shall not roll over and shall be nonrefundable.
2.4
Promotional Use: The Client permits Dotdigital to use any materials the Client may create using any Professional Service for Dotdigital’s own promotional purposes, including but not limited to training and other marketing collateral.
2.5
Training Cancellation Policy: Once booked, cancellation and/or rescheduling requests must be received at least 7 days prior to the training date. Failure to do so will result in forfeiture of the training fee.
2.6
On-Premises Training: If training is to be delivered at the Client’s premises, the Client must pay for trainer travel costs. This includes transportation, accommodation, and expenses where required. These travel costs will be invoiced separately after the training is delivered.
3. Fresh Relevance Services
The Fresh Relevance Services, as defined in the Additional Fresh Relevance Terms located at https://dotdigital.com/terms/fresh-relevance/, are subject to the Additional Fresh Relevance Terms in addition to the Terms.
5. WhatsApp Services
5.1
The Client agrees to the Meta Hosting Terms for Cloud API located at https://www.facebook.com/legal/Meta-Hosting-Terms-Cloud-API and all terms and policies that are incorporated by reference therein (the “WBS Terms”).
5.2
The Client acknowledges and agrees that the WBS Terms may be updated by Meta from time to time.
5.3
The Client agrees to indemnify and hold Dotdigital harmless for any losses whatsoever arising from the Client’s use of WhatsApp Services or any breaches of the WBS Terms.
6. Domain Name Services
If any of the Services include domain names, the following rules apply:
6.1
The Client agrees to the terms located at CentralNic Reseller Wholesale Services Agreements located at https://www.centralnicreseller.com/wholesale-services-agreements/ regarding the domain name registration and Third-Party Policies as defined therein.
6.2
The Internet Corporation of Assigned Names & Numbers (ICANN) Registrar Accreditation Agreement (RAA) requires the Registrar of the record to verify registrant email addresses and changes to existing registrant names or email addresses. If the Client has purchased a .com, .net, or .org domain, the Client will be sent a Verification Email from registrant-verification@ispapi.net, which must be clicked. Failure to comply within 15 days results in suspension of the domain. This process is mandatory upon purchasing the initial domain; domains purchased thereafter do not require verification, unless a change is made to registrant details. This verification will not apply to .co.uk, .uk.com, or .org.uk domains.
6.3
Purchased domains will automatically be renewed and charged to the Client yearly (or every 24 months for .co.uk domains). Renewal of new domains is a separate charge. To cancel a domain, the Client must send notification to cancellations@dotdigital.com.
6.4
Where Dotdigital is instructed to register a domain name on the Client’s behalf, the Client consents to the main account contact’s details being published to the public WHOIS database in accordance with ICANN policies.
7. Monthly Rolling Services
If a Service is designated as “monthly rolling” in the Client’s Service Agreement, the Renewal Period shall be one calendar month and this will replace and supersede the definition of the same in the Terms.
8. Advanced Personalization and Hyper Personalization Services
For the Advance Personalisation and Hyper Personalization service, Dotdigital reserves the right to host Client’s data at rest in any data centre located in the EU, the USA, or Australia, regardless of the Client’s local data centre location under clause 2.2 of the Terms.
