General information

emailR provides its subscribers and their customers with an Internet-based electronic mail sending and receipt service.

In order to offer its subscribers a high-quality email-Marketing service, the company operates from a platform specifically created for this purpose.

The subscriber wishes to benefit from the “emailR”  platform for their personal use and that of their own customers.

emailR.com places its “emailR” platform at the disposal of its subscribers, thus facilitating in particular the sending of personalised messages, the study of the effectiveness of direct marketing campaigns and a whole series of useful services connected with the use of this solution.

Terms of use and Spams

emailR is entitled to suspend all services provided, without prior notice or compensation and in a discretionary manner, in the event of the non-performance by the subscriber of their obligations or the inappropriate use of the services provided, most notably by the repetitive sending of unsolicited electronic messages ("spam").

In application of a principle of precaution, emailR may suspend or simply terminate, without right of appeal for the subscriber, access to the emailR platform in the event of its services being used for illicit purposes by the subscribers or following the receipt of notification from a third party demanding the elimination of certain content, even if it should transpire that this decision was ill-founded. 

E-mail marketing campaigns are not permitted to generate complaints from message recipients above the permitted threshold of 5% of the number of electronic messages transmitted. Consequently, access to emailR may be suspended by the emailR administrator, on a discretionary basis and without opening up any right to compensation on the part of the subscriber, as soon as he considers that the user licence conditions have been violated or by virtue of the principle of precaution.

Confidentiality clause

The data entrusted by the subscriber to emailR is confidential.

As a professional supplier of services for the transmission and receipt of electronic messages using its Internet-based platform, emailR shall take care to guarantee the non-use of the data provided in any context other than that strictly envisaged in the present contract or in accordance with the subscriber’s instructions.

In order to ensure the sustainability of the business, emailR shall take particular care to do everything possible to avoid all use, distribution or publication of the subscriber’s data without their consent.

No information shall be communicated to third parties without the agreement of the subscriber.

Certain information provided shall be copied for back-up purposes only and archived for a period of one year.

Responsabilities of the co-contracting parties

emailR has a duty of care in respect of the performance of the services ordered by the subscriber. The responsibility of emailR cannot be invoked in the event of the marketing or other objectives pursued by the subscriber not being attained.

The parties to this contract are and shall remain independent contracting parties.
The subscriber carries out their activity with no hierarchical relationship and freely manages their marketing activities.

The subscriber supplies, approves and personally takes sole responsibility for the content of the messages sent. The responsibility of emailR cannot therefore be invoked as a result of action or claims made by its co-contracting party or by third parties.

In a non-exhaustive manner, emailR is consequently not responsible for the sending of information, images, sounds, text or video clips which infringe the legislation and regulations in force in the area of emission or are harmful to third parties, or for the unsolicited and repetitive sending of e-mails of any kind known as “spam”, or for the infringement of intellectual property rights relating to published works, etc.

The subscriber undertakes to guarantee emailR against any possible conviction connected with the use by the subscriber of the platform and the services provided.

The subscriber also declares that they are fully aware of the limits of the Internet tool and that, consequently, emailR cannot be held responsible for difficulties with access to the server due to saturation of the networks or any deviation of the subscriber from passwords, access codes and data.

emailR assumes its responsibility for damage caused to third parties by emailR’s own action only. emailR is solely responsible for the costs connected with its activity, including the costs of equipment, offices, personnel, travel, secretarial services, assistance, etc.