We are Surf Marketing LTD T/A PushSend - providing B2B lead generation services to our global client base. These terms of service ("Terms") govern all use of our services, website, and platform. We want to be clear and transparent about what you can expect from us and what we expect from you. Please read these Terms carefully before using our services.

Our Services

PushSend provides B2B lead generation services through our proprietary platform and technologies. Our services include the identification of potential business prospects, email campaign management, response handling, and performance reporting. When you use our services, you are engaging us to conduct these activities on your behalf.

These Terms apply to any use of our services, whether through our website, client portal, or any other means of access we provide. In these Terms, "we", "us", and "our" refer to PushSend Ltd, and "you" and "your" refer to the business entity using our services.

Service Agreement

When you engage our services, we will provide them in accordance with the service agreement between us. The service agreement forms part of these Terms and includes specific details about the services we will provide, including campaign parameters, target criteria, and any special requirements.

We will use reasonable skill and care in providing our services and will follow your reasonable instructions in relation to the services. However, you acknowledge that we cannot guarantee any particular results from our lead generation activities, as responses depend on many factors outside our control.

Your Obligations

When using our services, you must provide us with accurate and complete information about your business, your target market, and your requirements. This includes any specific criteria for lead generation, your brand guidelines, and any particular requirements for campaign management.

You are responsible for reviewing and approving all campaign materials before they are used. While we will create content based on your requirements and industry best practices, the final approval rests with you to ensure it meets your standards and complies with your policies.

You must respond to leads generated through our services in a timely and professional manner. This includes monitoring your dedicated channels for responses and engaging with prospects according to the agreed protocols. Failure to manage leads appropriately may impact the effectiveness of our services and your results.

Data Protection and Privacy

We process personal data in accordance with applicable data protection laws, including the UK GDPR and EU GDPR. Our processing activities are covered in detail in our Privacy Policy, which forms part of these Terms.

When we process personal data on your behalf, we do so as a data processor, following your instructions and in compliance with data protection laws. We will enter into a separate Data Processing Agreement with you that sets out the details of this processing, including our respective obligations and responsibilities.

We implement appropriate technical and organisational measures to protect personal data processed through our services. These measures are designed to provide a level of security appropriate to the risk of processing and are regularly reviewed and updated.

Intellectual Property Rights

We retain all intellectual property rights in our platform, technologies, methodologies, and processes. Nothing in these Terms transfers any rights in our intellectual property to you. You may use our intellectual property only as necessary to receive the services and in accordance with these Terms.

You retain all intellectual property rights in your materials, including your brand assets, campaign content, and customer data. You grant us a licence to use these materials as necessary to provide the services to you. This licence is limited to the duration of our service agreement and the purposes specified in it.

Platform Access and Security

We will provide you with access to our platform through your designated account. You are responsible for maintaining the security of your account credentials and must not share them with any third party. You must notify us immediately if you become aware of any unauthorised access to your account.

We maintain appropriate technical and security measures to protect our platform and your data. However, you acknowledge that no system is completely secure and you must take appropriate steps to protect your own systems and data when using our services.

Fees and Payment

Our fees for the services are as set out in your service agreement. Unless otherwise specified, all fees are exclusive of VAT and other applicable taxes. You must pay our fees within 30 days of the date of our invoice.

If you fail to pay our fees when due, we may suspend or terminate your access to our services. We may also charge interest on overdue amounts at 4% above the Bank of England base rate, calculated from the due date until payment is received.

Confidentiality

We each agree to keep confidential any confidential information received from the other party. Confidential information includes any information marked as confidential or which would reasonably be considered confidential given its nature or the circumstances of disclosure.

We may only use confidential information for the purposes of providing or receiving the services and must not disclose it to any third party without the other party's written consent. These confidentiality obligations continue for three years after our service agreement ends.

Liability and Indemnity

We accept liability for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. We do not exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Our total liability to you in respect of all losses arising under or in connection with these Terms and our service agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total amount paid by you for our services in the 12 months preceding the event giving rise to the liability.

Term and Termination

Our service agreement continues for the initial term specified in it and automatically renews for successive periods of the same length unless either party gives notice of termination at least 30 days before the end of the current term.

Either party may terminate these Terms and the service agreement immediately by giving written notice to the other party if:

• The other party commits a material breach which is not capable of remedy or which is capable of remedy but is not remedied within 30 days of notice requiring remedy

• The other party becomes insolvent or similar circumstances occur

Changes to These Terms

We may update these Terms from time to time by publishing a new version on our website. We will give you at least 30 days' notice of any significant changes. Your continued use of our services after such changes take effect constitutes your acceptance of the updated Terms.

Governing Law and Jurisdiction

These Terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

This agreement was last updated on 12 December 2024.