Terms & Conditions

Corporate Mailer is a web based software that intends to help Clownfish Design Ltd ´Clients and Customers running emailing campaigns. Clownfish Design Ltd ´users, clients, customers have access to Corporate Mailer at a service price to be fixed by Clownfish Design Ltd on users, clients, customers requirements of Corporate Mailer's functionalities. Anti-spam Policy: All accounts registration will have to be approved by Clownfish Design Ltd officers to become active. Only registered companies will be accepted on a 24h approval process. All Users, clients, customers must be human beings, not minor (not under 18 years old) and must use Corporate Mailer in representation of their company by providing its registered number as a proof.

1- Conditions of Acceptance

By entering "Corporate Mailer" (the Corporate Mailer Website login page & Software) users, clients, customers, account owners give their agreement to and are bound to these Terms and Conditions and Privacy Policy.
If any user, client, customer does not agree to any of these Terms & Conditions, please do not use the Corporate Mailer Website & Software. Corporate Mailer will notify trough the Corporate Mailer software, its users, clients, customers of changes made to these Terms & Conditions at anytime making them available on the software login page. Please regularly check our Terms & Conditions.

2- Corporate Mailer – The Website

These Terms & Conditions apply to all users, clients, customers of Corporate Mailer software, website, materials. The materials, content in the Corporate Mailer site are provided without warranties of any kind either expressed or implied. Moreover, Corporate Mailer and Clownfish Design Ltd do not make any representation of any kind at any moment and in any case. The materials, content in the Corporate Mailer software provided by any user, client, customer are personal and to their own responsibility to fulfill with these Terms and Conditions at anytime.
Corporate Mailer and Clownfish Design Ltd are not and will not be responsible or liable for any possible error or omissions, as a consequence or otherwise. Corporate Mailer and Clownfish Design Ltd will not be held responsible for any negligence, damage of any kind, resulting from the use or incorrect use of the materials, content of the website & software that could come from the use of its services. Users, clients, customers, account owners are responsible for the confidence they may have for any other user, client, customer their account login and password. Corporate Mailer and Clownfish Design Ltd will not be responsible even if Corporate Mailer Officers would have been advised of any possibility of such damages.

3- Products and services:

Corporate Mailer fully agrees to offer determined functionalities and services for its users, clients, customers, account owners at a service price established between them and Clownfish Design Ltd.
All legal, sale, service, transaction taxes or fees must be paid by the contractor, user, client, partner, customer. Corporate Mailer and Clownfish Design Ltd will be entitled to claim for them to pay such taxes.
It is prohibited to advertise, promote any content, material on Corporate Mailer without the previous written consent from Clownfish Design Ltd or Corporate Mailer Officers. Corporate Mailer website and software may only be used for professional business mailing campaigns purposes of Clownfish Design Ltd ´clients and customers and in no circumstances affecting the functionalities or performances of the Corporate Mailer online software, website or services provided by Clownfish Design Ltd. Corporate Mailer software, the Corporate Mailer website, the Corporate Mailer online material or any part of them will only be accessible in accordance with the commercial terms established between the user, client, customer, account owner and Clownfish Design Ltd. Use of the Corporate Mailer software is governed by these terms agreement that accompany the Privacy Policy or is included with such software. If any user, client, customer does not agree to such terms, he may not use the software, website or any Corporate Mailer material. Visitors, users, clients, customers may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the site.
In no circumstance, Clownfish Design Ltd or Corporate Mailer officers may be responsible for Third Party actions, use of the software, any campaign sendings, under any account.


4- Accounts

Anti-spam Policy: All accounts registration will have to be approved by Clownfish Design Ltd or Corporate Mailer officers to become active. Only registered companies will be accepted on a 24h approval process. All Users, clients, customers must be human beings, not minor (not under 18 years old) and must use the Corporate Mailer in representation of their company by providing its registered number as a proof.
It is prohibited to all account owners to sell Corporate Mailer software access. Legal actions will be pursued and Clownfish Design Ltd will be entitled to be paid for the cost of any legal action intended by Clownfish Design Ltd against the mentioned account owner. Every account login is individual. Multiple login by different users on a same account is prohibited.
Users, clients, customers, account owners are responsible for their login access, all the published, posted, sent content and any other possible activity that could occur under their account, even if used by others under any account.


Corporate Mailer, will provide its users, clients, customers with a personal account. Users, clients, customers, account owners are solely responsible for their password and account details, and fully agree having given to Corporate Mailer and Clownfish Design Ltd a complete and truthful personal or business information. All users, clients, customers, account owners are invited to notify Corporate Mailer or Clownfish Design Ltd of any unauthorized use or security problems with their account. Corporate Mailer and Clownfish Design Ltd will not be responsible for any damage, losses or any account problems if resulting from an unauthorized use of an account. Clownfish Design will do his best to always provide its users, clients, customers with secured personal accounts.

5- Payments

The payment process will be realized by Clownfish Design Ltd invoices to its clients, customers. All accounts will be billed before any sending and are non-refundable. Corporate Mailer and Clownfish Design Ltd have not and will not have any refund or credit policy of any kind and at any time. Respecting equality no exception will be made at any time.

Clownfish Design Ltd will only invoice his approved account owners. Clownfish Design Ltd and Corporate Mailer Officers do not make any representation of any kind and at any moment.

6- Property Rights

Corporate Mailer will have no intellectual property on the users, clients, customers, account owners content, submissions, contact database and will only use such content, information, submissions for its own statistical feedback to always improve the offered services. All Corporate Mailer materials (website, software) remain the property of Corporate Mailer Licensors and Clownfish Design Ltd.
All account owners are solely responsible for the content, information they are sending trough their account. As a Corporate Mailer user t is your responsability to ensure that you have all intellectual property rights on any of your sendings and that they fulfill at any time with these Terms & Conditions.

Clownfish Design Ltd, Corporate Mailer and its Licensors will have the right for any reason to not list or edit any material, content if judging it is inappropriate for the website and its users, clients, customers. Any untruthful content or fraud or attempt to defraud Corporate Mailer, will imply the removal of the user, client, customer, account owner from the website and software without any refund charges to apply. Should any infringement (including from a Third Party) and criminal activity violate the integrity of this service, legal charges will be pursued. It includes illegal use of the information provided in the website, the use being other than for business purpose so as illegal or non personal, third party content or access of any kind. Without the express and written consent of Corporate Mailer Officers and Clownfish Design Ltd, the use and/or distribution of the name, corporate brand, information or content of the website and software will be considered illegal if different from a business use in a way to manage personal or individual mailing campaign. For any unauthorized login, search or copy, resell of its services, Corporate Mailer and Clownfish Design Ltd will be entitled to be paid for the compensation of the cost of any legal action, considering it as a punitive damage.
In no circumstances, the material, content from Corporate Mailer (website & software) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Clownfish Design Ltd. By downloading any content, material, file, image, software of the website, the user, client, customer assumes the responsibility of illegal property and will have no right on it.


7- User, client, customer conduct & use of the content

Corporate Mailer gives permission to its users, clients, customers, after their account approval by Clownfish Design Ltd and depending on their account details and granted accesses to login and use the website and software respecting these Terms & Conditions at anytime. All services, information that Corporate Mailer offers, is solely for the users, clients, customers, account owner’s business use. All uploaded, posted, sent, transmitted, or shared material, content, information by any user, client, customer, account owner makes the user, client, customer, account owner agree that the information will not violate or infringe any personal or property rights, trademark, legal reserved right, copyright, privacy of any or third party. In the case that such illegal action would be committed by any user, client, customer, account owner, this user, client, customer, account owner agrees to indemnize Corporate Mailer, its Licensors and Clownfish Design Ltd, employees, directors for any loss, responsibility, claim, damage, costs and charges that could be generated against Corporate Mailer and Clownfish Design Ltd.

Do not use the software and its services to:

- send, share, upload, post, transmit, store or make publicly or not, available, pornographic, sexual, violent, abusive, fraudulent, harmful, unlawful, intimidating, defamatory, infringing, outrageous, threatening, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, disrespectful, racially, religious or ethnically sensible information or content of any kind. Corporate Mailer prohibits to send, upload, post, transmit, share, store or otherwise make publicly (or not) available; content or information that could generate any possible conflict between its users, clients, customers.

- send, share ,upload, post, transmit, store or make publicly available or not unsolicited or unauthorized advertising, solicitations or any other kind of solicitation, spam, junk mail, robots, spiders, chain, pyramidal or viral content, material of any kind.

- send, share, upload, post, transmit or make available publicly or not, any material, information or content of any kind that could contain viruses or any other code, files or programs aimed to interrupt, destroy, damage, or limit the functionality of Corporate Mailer, its services or any computer or telecommunications equipment.

- lie on or state false information, age or identity, being personal or for business company or of a third party.



8- Warranty Disclaimer and Limitation of Liability

Users, clients, customers, account owners agree to use Corporate Mailer website and software at their own risk. This site is controlled and operated by Corporate Mailer Officers and Clownfish Design Ltd. Any person accessing this website will be responsible for compliance with local and international laws whenever the time and wherever the place it has been accessed from. In no circumstances any Clownfish Design Ltd´employees, director, officers, staff members will be personally responsible for any losses, damages that could occur to any third party. Corporate Mailer and Clownfish Design Ltd do not represent or warrant that the software, website, or any Corporate Mailer material will be accurate, reliable, uninterrupted, secure or error-free, or do not present defects in the website or software and that the site or the server that make it available are and will always be free of viruses or other harmful components.

In no circumstances shall Corporate Mailer, its Licensors, Clownfish Design Ltd staff and affiliates be liable, whether in contract, warranty, negligence (tort), product liability or any other possible form for:

- any modification, price change, suspension or discontinuance of the offered services of Corporate Mailer.
- any indirect, incidental, special damages (including without limitation to corruption, losses of data, computer problems), direct or indirect loss of profits, income, business opportunities arising from the use of Corporate Mailer or incurred by any user, client, customer, account owner.
- suspension, termination of this agreement by any user, client, customer or by Clownfish Design Ltd or for disruptions or delays in any service tool provided by Corporate Mailer.
- any release or decision not to release new versions of Corporate Mailer to any user, client, customer, account owner.
- any death, personal injury result of any Corporate Mailer's Officials, its Licensors, staff and affiliates negligence.
- any Thrid Party use, actions, sendings trough the Corporate Mailer, its software and website.

9- Submissions:

All content, email or other information disclosed or offered to Corporate Mailer shall be deemed and shall remain the property of the content owner/publisher shall be subject to any obligation of confidence on the part of and shall be liable for any use or disclosure of any content, email or other information. Corporate Mailer will not manipulate its users, clients, customers content, emails database or other personal account information except as mentioned below. Corporate Mailer will have no intellectual property on the users, clients, customers, account owners, submissions, emails content sendings and will only use such information for its statistical feedback. Clownfish Design Ltd or any of its staff members will have no right to use, copy or resell any of its clients, customers account owners email contact database. Unless otherwise specified, the materials in the website are presented solely for the purpose of creating and sending professional and business purposes emailing campaigns for Clownfish Design Ltd Clients and Customers.

10- Termination

Users, clients, members, account owners may terminate this agreement at any time with direct effect to their next service request after their written notice of a required termination to the use of Corporate Mailer by sending an email at hi@clownfishdesign.net stating to deactivate their account, destroying all materials obtained from and all related information, content and all copies, whether made under this terms & conditions or differently. Without limitation Corporate Mailer may restrict, suspend, or terminate this agreement and the use of the Corporate Mailer software and services, prohibit access to the Corporate Mailer website and delete any user, client, customer account with immediate effect, automatically and without any possible recourse to legal institutions, if Corporate Mailer or Clownfish Design Officers consider a breach from any users, clients, customers to any provision to these Terms & Conditions, applicable law, violation to any rights, use or misuse of the Corporate Mailer software. Upon termination, users, clients, customers, account owner must destroy, all information, login access details, content and copies in their possession. After a termination of any kind all users, clients, customers information will be deleted from Corporate Mailer, its services and data gathering modules so as the user, client, customer login access and password.


11- Other

This agreement may be changed at any time and without prior notice by Corporate Mailer Officers or Clownfish Design Ltd as it will appear on the software. This agreement shall be governed by and construed in accordance with the laws of the United Kingdom, regarding any principles of conflicts of law. In the case that any provision of this agreement shall be unlawful, null, void, or even unenforceable, that provision shall be considered dissociable from this agreement and shall not affect the validity, enforceability of any remaining provisions.
A link to a service or site outside of the Corporate Mailer website is not an endorsement of the service or site, its content, or its sponsoring organization. By using or accessing Corporate Mailer, the user, client, customer fully signifies he fully agrees to these Terms and Conditions. Corporate Mailer and all related materials (website, software) are Clownfish Design Ltd copyright 2010. All rights reserved. blablabla