Hello! The Standard and Essential plans have a free trial. Book Free Demo.
DoveHero Ltd offers a Marketing Platform (Marketing Automation and E-mail Marketing, Whatsapp and SMS), which is exclusively aimed for businesses, associations, foundations or public bodies.
These general terms and conditions of sale and delivery (the “Terms”) apply to all agreements for the sale and delivery of marketing services to business customers by DoveHero Ltd, CVR number 14714802, (the “Company”).
3.1 Contractual Basis. Together with the Company’s offers and order confirmations, the Terms and Conditions constitute the entire contractual basis for the Company’s sale and provision of Services to the Customer (“Contractual Basis”). The Customer’s terms and conditions of purchase printed on orders or otherwise communicated to the Company do not form part of the Contractual Basis.
3.2 Amendments and supplements. Amendments and supplements to the Agreement shall be effective only if agreed by the parties in writing.
3.3 Legal status. Each of the parties must immediately inform the other party if the party changes its status as a legal entity, is placed under bankruptcy or reconstruction proceedings or voluntary winding-up. The same applies to changes of address, contact details and billing information.
4.1 Access to the Company’s service (marketing platform DoveHero) is taken out as a rolling annual subscription. The period of commitment of the agreement concluded between the parties is therefore 12 months, unless otherwise agreed separately.
4.2 The agreement/subscription is automatically renewed unless terminated in accordance with section 4.3.
4.3 The agreement/subscription may be terminated by the customer with a notice of 3 months before the end of a subscription period. Termination must be in writing and is effective only when confirmed in writing by the Company.
4.4 The agreement/subscription may be terminated by the Company at any time upon 6 months’ notice. In this case, the customer will receive a proportional refund of the prepaid subscription.
4.5 The subscription can be upgraded at the customer’s request from day to day. However, if the customer wishes to downgrade the customer’s subscription, this must be done in accordance with the above-mentioned notice periods.
5.1 Price. The price for the services follows the Company’s current price list at the time the Company confirms the Customer’s order, unless the parties have agreed otherwise in writing. All prices are exclusive of VAT.
5.2 Ongoing subscriptions are invoiced separately from any consultancy work or other services the Customer may have requested.
5.3 Driving. Driving in the Company’s owned cars in connection with the performance of services is reimbursed by the customer at the prevailing rates set by the state.
5.4 Payment. Payment terms are annually in advance with an 8-day payment deadline, unless the parties have agreed otherwise in writing.
5.5 The Company reserves the right to index the subscription annually according to the net price index, with a maximum increase of 10%.
6.1 Interest. If the Customer fails to pay an invoice for Services on time for reasons for which the Company is not responsible, the Company shall be entitled to interest on the amount due at the rate of 2% per month from the due date until payment takes place.
6.2 Termination. If the customer fails to pay an overdue invoice for services no later than 14 days after receiving a written demand for payment from the Company, the Company has the right to, in addition to interests according to section 6.1: (i) cancel the sale of the services to which the delay relates, (ii) cancel the sale of services that have not yet been delivered to the customer, or demand advance payment for this, and/or (iii) exercise other remedies for breach of contract.
Furthermore, in the event of the client’s nonpayment persisting for two months, the company reserves the unequivocal right to delete the client’s account, with the explicit understanding that neither the account nor its associated data shall be subjected to restoration.
7.1 Offers. The Company’s offer is valid for 10 days from the date of the offer, unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period shall not be binding on the Company unless the Company notifies the customer otherwise.
7.2 Order confirmations. The Company aims to send confirmation or rejection of an order for Services to the Customer in writing within 2 working days of receipt of the order. Confirmations and rejections of orders must be in writing to bind the Company.
7.3 Change of orders. The Customer may not change an order placed for Services without the Company’s written consent.
7.4 Inconsistent terms. If the Company’s confirmation of an order for Services is inconsistent with the Customer’s order or the Contractual Basis and the Customer does not wish to accept the inconsistent terms, the Customer must notify the Company in writing within 24 hours of receipt of the order confirmation. Otherwise, the Customer is bound by the order confirmation.
8.1 The use of DoveHero, Permission Marketing and Anti Spam policy. The Company provides a platform for creating and sending different types of communication, including WhatsApp e-mail and SMS.
8.2 Only permission-based marketing is allowed and the Company does not permit for SPAM or communications that do not meet the requirements of prevailing legislation (Marketing Act).
8.3 The Customer is solely responsible for ensuring that the use of DoveHero is in accordance with the applicable law, including the Danish law, as well as the legislation of the country, where a possible recipient of e-mails, messages (such as WhatsApp) or SMS resides at.
8.4 All emails and text messages must contain an unsubscribe link, allowing the recipient to unsubscribe from the given communication. For this purpose, our opt-out function can be used. In case of hard bounces (e-mails which are not delivered to the inbox, but are instead returned to the sender), the recipient is automatically unsubscribed.
8.5 If the Customer act in violation of the SPAM rules, legislation or use pornographic, unethical or controversial material and content, the Company reserves the right to cancel or delete e-mails and SMS campaigns or to close the Customer’s account completely.
8.6 SPAM is characterised by unsolicited marketing to recipients who have not previously requested, accepted, signed up or given consent/permission to the given communication and marketing. The Customer agrees and is responsible for, regardless of context, that stored data and communications and marketing comply with SPAM rules, including related laws, applicable in the country where the business is conducted. The Customers is invited to familiarise himself in respect with the rules and to follow the prevailing instructions from the Consumer’s Ombudsman.
8.7 The Company disclaims any liability for any loss or damage incurred as a result of account closure and the Customer shall not be entitled to any refund for the remaining subscription period.
8.8 In the event of a breach of applicable legislation, the Customer must indemnify the Company against direct or indirect claims that may be raised against the Company.
8.9 Performance of e-mail communication. As part of developing and securing DoveHero, the Company reserves the right to draw performance statistics on the customer’s campaigns. If the customer does not comply with the following limits, the customer’s account will be suspended until the cause is clarified. If the non-performance is due to the Customer’s non-compliance with section 8 – 8.8, the Company reserves the right to close the Customer’s account in accordance with section 8.5.
8.10 When using the system for promotions or similar purposes, the customer must comply with the following minimum requirements when sending e-mails:
Hard bounces maximum 5 %
Opening rate minimum 5%
Spam complaints maximum 0.2%.
8.11 When using the system for WhatsApp promotions, the customer must and agrees to follow WhatsApp rules.
Support. The company offers support for the service. The scope and options are established in the Company’s SLA (Service Level Agreement).
10.1 Liability. Each party shall be liable for its own acts and omissions under applicable law, subject to the limitations set forth in the Contractual Basis.
10.2 Limitation of Liability. Regardless of any contrary terms in the Contractual Basis, the Company’s responsibility towards the customer cannot exceed per calendar year a total of 10% of the sale of services that the Company has invoiced net to the customer in the immediately preceding calendar year. The limitation of liability shall not apply if the Company has acted intentionally or with gross negligence.
10.3 Indirect losses. Regardless of any contrary terms in the Contractual Basis, the Company is not liable to the customer for indirect losses, including loss of production, sales, profit, time or goodwill, unless it is caused intentionally or with gross negligence.
10.4 Force majeure. Regardless of any contrary terms in the Contractual Basis, the Company is not liable to the customer for non-fulfillment of obligations which may be due to force majeure. The exemption from liability shall continue as long as force majeure persists. Force majeure is defined as circumstances beyond the control of the Company which the Company should not have foreseen at the time of the conclusion of the contract. Examples of force majeure are exceptional natural conditions, war, terrorism, fire, flood, vandalism and industrial disputes.
11.1 Right of ownership. Full ownership of all intellectual property rights arising in connection with the performance of the services by the Company, including patents, designs, trademarks and copyrights, shall belong to the Company.
11.2 Infringement. The Company is not liable for infringement of third party intellectual property rights by the services provided, unless the infringement is intentional. To the extent that the Company is faced with claims of infringement of third party intellectual property rights by the services provided, the Customer shall indemnify the Company, only if infringement is intentional.
12.1 Disclosure and use. The Customer shall not disclose, use or enable others to use the Company’s trade secrets or other information of any kind that is not publicly available.
12.2 Protection. The Customer shall not improperly obtain or attempt to obtain knowledge or access to the Company’s confidential information as described in section 12.1. The Customer must handle and store the information securely to prevent it from inadvertently coming to the knowledge of others.
12.3 Duty of confidentiality. All employees of the Company, external consultants and any subcontractors are subject to a duty of confidentiality with regard to information about customers, customer relationships, business secrets or anything else that is not publicly available or considered public knowledge.
12.4 Duration. The obligations of the Parties under section 12.1-12.3 shall apply during the cooperation of the Parties and without limitation in time after the termination of the cooperation, regardless of the reason for the termination.
13.1 Processing. The Company processes personal data in due observance of the General Data Protection Regulation and data protection law. Information about the Customer’s name, address, e-mail, telephone number, etc. is used only in connection with the Customer’s order and communication.
13.2 Rights of the data subject. The Company complies with the rights of data subject (including the right of access, rectification, erasure, restriction of processing, objection, data portability, complaint and the right not to be subject to a decision based solely on automated processing, including profiling).
13.3 Storage and disclosure. The Company keeps the data for as long as necessary for the purpose for which the data is processed. The Company does not disclose, sell or otherwise transfer information to third parties unless the Customer has given consent to this.
13.4 Contact. If the Customer wishes information about the data that is processed, to have data deleted or corrected, the Customer can contact support@dovehero.ai
13.5 Data Processing Agreement. To the extent that the Company processes data on behalf of the Customer in connection with the provision of the services, a Data Processing Agreement has been concluded.
14.1 Applicable law. The parties’ cooperation shall be governed in all respects by UK law.
14.2 Venue. Any dispute arising from the cooperation between the parties shall be settled by the Court of UK.
Start now, and grow your business with DoveHero
DoveHero
