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.env-dotdigital-test.kinsta.cloud/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.env-dotdigital-test.kinsta.cloud/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://env-dotdigital-test.kinsta.cloud/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://env-dotdigital-test.kinsta.cloud/terms/fresh-relevance/, are subject to the Additional Fresh Relevance Terms in addition to the Terms.
4. Premium Messaging Services
4.1 Premium Pay-As-You-Go Messaging
4.1.1 The Client acknowledges that charges for this Service are based on usage and shall be billed monthly in arrears. The charges on the rate card may be updated by Dotdigital without notice, and any usage shall be charged at the then-current rate as published.
4.1.2 For SMS: The charges to be paid by the Client to Dotdigital are priced per SMS segment by recipient country (as set out in the rate card available through the Client’s Dotdigital account).
4.1.3 For WhatsApp: The charges to be paid by the Client to Dotdigital are priced per each business initiated conversation by the recipient country and conversation category (as set out in the rate card available through the Client’s Dotdigital account).
4.2 Premium Messaging Wallet Top-up
4.2.1 When the Client sends from their Premium Messaging Wallet, the total send amount will be deducted from the Client’s total wallet balance. If the Client’s send amount exceeds the Client’s total wallet balance, the difference shall be invoiced in arrears via pay-as-you-go, which the Client is required to opt-in to.
4.2.2 Charges for sends from the Client’s Premium Messaging Wallet are based on the Client’s agreed Premium Messaging Wallet rate card. Dotdigital may increase the Client’s Premium Messaging Wallet rate card to pass on the costs of its supplier rate increases on 14 days’ notice to the Client.
4.2.3 After using all Premium Messaging Wallet balance, the Client will automatically be moved to the variable pay-as-you-go rate card.
4.2.4 Premium messaging top-ups are non-refundable and expire one year from when they are applied.
4.3 The Client acknowledges that Dotdigital utilizes various third-party SMS aggregators to facilitate the delivery of SMS Messages between the Services and the mobile network operators , and agrees to the use of such SMS aggregators.
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.
9. Loyalty Services
9.1 The following additional terms shall apply where the Customer purchases or uses any loyalty, rewards, referrals, points, tiers, incentives, benefits, or similar functionality made available by Dotdigital as part of the Services (“Loyalty Services”).
9.2 Definitions
“Loyalty Programme” means any loyalty, rewards, points, tiers, cashback, discount, benefit, referral, incentive, promotional, customer retention, or similar programme or arrangement which the Customer creates, configures, manages, operates, or makes available using the Loyalty Services.
“Loyalty Rules” means the rules, settings, configurations, conditions, eligibility criteria, earning criteria, redemption criteria, expiry rules, tier rules, referral rules, reward values, exclusions, limitations, and other parameters applied by the Customer to a Loyalty Programme.
“Member” means any individual who participates, or is invited to participate, in a Loyalty Programme.
“Reward” means any point, credit, discount, coupon, voucher, benefit, tier status, cashback, referral incentive, promotional offer, product, service, or other reward, benefit, or value made available by the Customer under a Loyalty Programme.
“Loyalty Data” means any data, information, content, event, transaction, Member profile, purchase record, referral record, points balance, Reward record, redemption record, or other material submitted to, generated through, or processed by the Loyalty Services in connection with a Loyalty Programme.
9.3 Dotdigital’s Role
9.3.1 The Customer acknowledges and agrees that Dotdigital provides the Loyalty Services as technology platform functionality only.
9.3.2 Dotdigital does not create, operate, administer, control, sponsor, underwrite, fund, fulfil, or determine the terms of any Loyalty Programme. The Customer is solely responsible for the creation, configuration, operation, administration, management, legality, and performance of each Loyalty Programme.
9.3.3 Dotdigital shall not be responsible for any Reward, Loyalty Rule, Member entitlement, Member communication, Member complaint, redemption, expiry, cancellation, reversal, adjustment, refund, or other obligation arising under or in connection with any Loyalty Programme.
9.4 Customer Responsibility for Loyalty Programmes: The Customer is solely responsible for
(a) determining the structure, design, commercial terms, and operation of each Loyalty Programme;
(b) configuring, testing, monitoring, and maintaining all Loyalty Rules;
(c) determining whether and when Members earn, redeem, retain, lose, forfeit, expire, reverse, or otherwise receive any Reward;
(d) supplying, funding, honouring, fulfilling, withdrawing, substituting, or cancelling any Reward;
(e) handling all Member queries, complaints, claims, support requests, and disputes relating to a Loyalty Programme;
(f) ensuring the accuracy, completeness, and legality of all Loyalty Data, Loyalty Rules, Rewards, and Member-facing materials; and
(g) maintaining appropriate records relating to the Loyalty Programme, including records of Loyalty Rules, Member notices, accruals, redemptions, expiry, reversals, adjustments, complaints, and disputes.
9.5 Loyalty Programme Terms and Disclosures
9.5.1 The Customer shall maintain and make available to Members clear, accurate, complete, and legally compliant terms and conditions for each Loyalty Programme.
9.5.2 Such terms and conditions shall include all material terms applicable to the Loyalty Programme, including, where applicable, eligibility criteria, how Rewards are earned and redeemed, any exclusions or restrictions, expiry rules, the treatment of Rewards on returns, refunds, cancellations, chargebacks, suspected fraud or account closure, and how the Loyalty Programme may be changed, suspended, or terminated.
9.5.3 The Customer shall ensure that all statements, descriptions, promotions, and communications relating to a Loyalty Programme are accurate, not misleading, and consistent with the applicable Loyalty Programme terms.
9.6. Loyalty-Specific Compliance
9.6.1 The Customer represents, warrants, and undertakes that each Loyalty Programme, and the Customer’s use of the Loyalty Services, shall comply with all applicable laws, regulations, regulatory guidance, industry codes, and rules in each jurisdiction in which the Loyalty Programme is made available or has effect.
9.6.2 Without limitation, the Customer is solely responsible for compliance with all applicable requirements relating to consumer protection, advertising, promotions, referrals, endorsements, electronic marketing, gift cards, vouchers, stored value, unredeemed balances, expiry, tax, accounting, unfair trading, anti-bribery, sanctions, data protection, privacy, and fair treatment of customers.
9.6.3 The Customer is solely responsible for identifying the jurisdictions in which its Loyalty Programme is offered, promoted, accessed, or used, and for obtaining any legal, regulatory, tax, accounting, or other professional advice required in relation to that Loyalty Programme.
9.7 Rewards, Points, and Stored Value
9.7.1 Unless expressly agreed by Dotdigital in writing, the Customer shall not use the Loyalty Services to create, issue, manage, or represent any Reward as cash, electronic money, stored value, a deposit or bank account balance, a regulated financial product or service, or any monetary instrument or payment obligation of Dotdigital.
9.7.2 The Customer shall not state or imply that Dotdigital issues, funds, guarantees, underwrites, redeems, or is liable for any Reward.
9.7.3 As between Dotdigital and the Customer, all Rewards are provided by the Customer and not by Dotdigital.
9.8 Accuracy of Loyalty Data and Calculations
9.8.1 The Customer acknowledges that the operation of the Loyalty Services depends on the accuracy and completeness of Loyalty Data, Loyalty Rules, integrations, data feeds, APIs, events, and configurations provided, selected, or enabled by or on behalf of the Customer.
9.8.2 The Customer is solely responsible for verifying the accuracy of all Loyalty Data, Loyalty Rules, Reward calculations, Member balances, tier statuses, referral outcomes, redemptions, reversals, and other outputs generated through the Loyalty Services.
9.8.3 Dotdigital shall not be responsible for any error, omission, miscalculation, incorrect Reward, incorrect Member balance, incorrect tier status, failed redemption, duplicate Reward, or other issue arising from inaccurate, incomplete, delayed, duplicated, or corrupted Loyalty Data, incorrect Loyalty Rules, Customer configuration, third party integrations, or any act or omission of the Customer or any third party acting on the Customer’s behalf.
9.8.4 Any Loyalty Data, Reward balance, points balance, tier status, redemption record, or other output generated through the Loyalty Services is provided for the Customer’s operational use only and shall not constitute financial, accounting, tax, legal, or regulatory advice or records provided by Dotdigital
9.9. Fraud, Abuse, and Suspension
9.9.1 The Customer is responsible for monitoring, preventing, investigating, and addressing fraud, abuse, misuse, gaming, manipulation, unauthorised access, self-referrals, fake accounts, automated activity, or other improper use of its Loyalty Programme.
9.9.2 Dotdigital may suspend, restrict, disable, or limit access to any Loyalty Service, Loyalty Programme, feature, integration, API, or functionality where Dotdigital reasonably considers that such action is necessary to protect Dotdigital, the Services, Members, other customers, or any third party from legal, regulatory, operational, security, reputational, or commercial risk.
9.10 Member Communications and Referrals
9.10.1 The Customer is solely responsible for all communications with Members relating to a Loyalty Programme, including programme invitations, statements, notifications, expiry reminders, Reward communications, referral messages, promotional messages, and service messages.
9.10.2 Where the Loyalty Services include referral functionality, the Customer is solely responsible for the design, operation, legality, and administration of any referral programme, including any required disclosures relating to incentives, eligibility, restrictions, self-referrals, misuse, and the circumstances in which referral Rewards may be earned, withheld, reversed, cancelled, or refused.
9.11 Third-Party Platforms and Integrations
9.11.1 The Customer acknowledges that the Loyalty Services may interoperate with third-party platforms, applications, websites, ecommerce systems, APIs, or other third-party services.
9.11.2 Dotdigital shall not be responsible for any delay, failure, error, loss, unavailability, incompatibility, miscalculation, failed redemption, failed Reward, or other issue caused by or relating to any third-party platform, application, system, integration, API, or service, or any change made by a third party to any of the foregoing.
9.12 Termination of Loyalty Services: After the Customer’s access to the Loyalty Services ceases, the Customer shall remain solely responsible for lawfully dealing with any outstanding Rewards, Member balances, redemptions, complaints, claims, or other obligations relating to its Loyalty Programme.
9.13 Indemnification: The Customer shall indemnify Dotdigital against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Dotdigital arising out of or in connection with:
(a) any Loyalty Programme, Loyalty Rule, Reward, or Loyalty Data;
(b) any Member communication, complaint, dispute, claim, or entitlement;
(c) any referral programme or referral communication;
(d) any failure by the Customer to comply with applicable laws, regulations, regulatory guidance, industry codes, or the Customer’s own Loyalty Programme terms;
(e) any tax, accounting, stored value, unclaimed property, expiry, breakage, gift card, voucher, cashback, or similar issue arising from a Loyalty Programme; or
(f) any fraud, misuse, abuse, or unauthorised use of a Loyalty Programme, except to the extent caused by Dotdigital’s negligence or wilful misconduct.