Terms of use

little green plane is a trading name and division of Itineris Limited (company no: 4285360) which shall be referred to as ‘little green plane’ throughout these terms and conditions.

If you do not accept these terms and conditions or have any questions, please contact support@littlegreenplane.com.

little green plane reserves the right to amend these terms and conditions at any time and will inform you of the amended terms either on its website or via email. You accept the amended terms if you access your little green plane account after such notification. Otherwise, these terms and conditions may not be amended except by way of a written document signed by both parties.

Term

  1. The term of service begins at the date a service order is signed. In cases where such an order is not signed, the term will begin on the day that the account is created.
  2. The term of service will be automatically renewed for successive terms unless cancellation notice is given in accordance with the Cancellation Policy (see below).

Payment

  1. After your FREE trial, should you continue to use the service, you agree and promise to pay all applicable fees. Monthly fees shall be invoiced to the customer in advance at the beginning of the relevant period. Any additional usage charges will be invoiced in arrears.
  2. The preferred method of payment for services provided by little green plane is by way of credit card. In such cases, if a customer fails to make a payment within seven days of the billing date, little green plane may issue a notice of default and may discontinue services in the event that the customer has not fully paid all outstanding fees within seven days of that default notice.
  3. In cases where credit terms have been agreed between the parties, the customer agrees to pay little green plane interest of 8% per annum if an invoice is not paid within 30 days of being sent. In the event that a customer fails to pay an invoice within 30 days of the invoice date, little green plane may also issue a notice of default and may discontinue services in the event that the customer has not fully paid all outstanding invoices within seven days of that default notice.
  4. If the customer does not provide written notice of a dispute with respect to charges or taxes within six months of the date of an invoice, such invoice shall be deemed correct and binding on that customer.
  5. Unused monthly credits are NOT carried forward into the next period.

Cancellation policy

  1. Should the customer wish to cancel this agreement, it must provide little green plane with 30 days’ notice of cancellation in email form. The email must state the account name, date and reason for cancellation and be sent to support@littlegreenplane.com.  
  2. If little green plane does not receive written notification of cancellation and the customer does not receive an email acknowledgment of cancellation, the customer is responsible for each billing period until such written notice is given.

Refund policy

  1. Refunds will be given at the discretion of the little green plane's management.

Data, data protection & indemnity

  1. The customer is the “data controller” and we act as the “data processor” in respect to any personal data that is processed in the course of providing services. All personal data is derived from data supplied by the customer and is not reviewed or monitored by little green plane and little green plane has no responsibility or liability whatsoever arising directly or indirectly to the customer for the accuracy, contents or use of such personal data.

Spam policy

  1. When supplying email lists, the customer will only use the email addresses of people who have indicated their desire to receive email communications from you (opt-in) or where you have an existing relationship with the recipients and are communicating with them about similar products and services.
  2. Customers must not prevent a subscriber from automatically removing email recipients from an opt-in list. The built-in subscription management tools tied to your email marketing campaign shall not be circumvented in any way. Please refer to our full spam policy which is available to view on our website and which shall be deemed to be incorporated in these terms and conditions in such version as is shown on the website from time to time.
  3. You will keep records of opt ins and opt outs communicated to you by email recipients.
  4. Little green plane shall be entitled to disable your account in the event that little green plane becomes aware that you are using or are intending to use the service to send unsolicited bulk emails or to assist or enable third parties to send such unsolicited bulk emails through your little green plane facility.
  5. Little green plane does not check the identity of recipients against any opt in or unsubscribe lists and accepts no responsibility if an email is sent to a person who ought not to receive one.

Privacy policy

  1. All content (articles, images, and email addresses) the client enters into the little green plane publishing system are stored in a private and secure fashion, and will not be used by little green plane for any other purpose other than for the client's own use.
  2. The customer is responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your little green plane account and our servers. We may add, delete or change some or all of the services provided at any time at our sole discretion.
  3. You shall comply with all laws and regulations applicable to your use of your little green plane account.
  4. Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your little green plane account or any content or information associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your little green plane account will remain private. Please refer to our full privacy policy which is available to view on our website and which shall be deemed to be incorporated in these terms and conditions in such version as is shown on the website from time to time.

Termination

  1. We may terminate your little green plane account immediately if you breach these terms and conditions or if we are unable to verify or authenticate any information you provide to us.
  2. We may also terminate your little green plane account if we decide, in our sole discretion, to discontinue offering you our services.
  3. Following termination, we may remove some or all of your content from our servers or elect to retain it, at our sole option.

Liability

  1. IN NO EVENT SHALL little green plane OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR little green plane NEWSLETTER OR THESE TERMS AND CONDITIONS. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO £25,000.

Account content

With respect to content on your little green plane account:
  1. You are responsible for all content displayed in your little green plane account and email marketing campaigns, including content provided by you or by any person that you give editing rights to. However, we reserve the right to take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
  2. The content distributed through your little green plane email marketing campaigns: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, discrimination or false advertising); (c) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;(d) shall not be obscene nor contain pornography of any type; and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  3. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
  4. From time to time, little green plane may ask you to place some or all of your content behind password protection if we believe such content is inappropriate for a little green plane email marketing campaign (unless they violate Section 8.2, in which case they should not be on our system at all). If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these terms and conditions and your little green plane account. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected site.
  5. Solely for the purposes of displaying your little green plane email campaign on the internet (at your private URL), you hereby grant to us the right to exercise appropriate intellectual property rights with respect to any content you place on your little green plane email marketing campaign.

Indemnities

  1. You agree to indemnify little green plane in respect of any loss or damage which we suffer as a consequence of you using the little green plane service to:-
    - send emails containing content prohibited under clause 2 of Account Content above;
    - send emails to recipients for whom you do not possess the requisite consents;
    - send emails which reveal information which is confidential or which you are not permitted to communicate under the Data Protection Act 1998 or other law.
  2. The indemnities in clause 1 of this clause above are in addition to and not in substitution for little green plane’s rights to enforce any provision of these terms.

Miscellaneous provisions

  1. These terms and conditions shall be governed in all respects by English law. Both parties submit to jurisdiction in England and Wales and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Suffolk, England.
  2. little green plane does not guarantee continuous, uninterrupted or secure service, and we are not liable if you are unable to access your account or our services.
  3. If any provision of these terms and conditions is held to be invalid or unenforceable:(a) such provision shall be struck out if, in the opinion of little green plane, the contract can still be adequately performed and the remaining provisions shall be enforced or(b) it will be at the option of itineris to terminate the agreement.
  4. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  5. You may not assign or transfer these terms of service or your rights in your little green plane account, and any attempt to the contrary is void.

These terms of service sets forth the entire understanding and agreement between us with respect to the subject matter hereof.