Product Specific Terms and Conditions

Email Campaign

Unless otherwise stated, the defined terms and rules of interpretation in the Member Terms and Conditions shall apply to these Product Specific Terms and Conditions. “Member Terms and Conditions” means the member terms and conditions linked in the Order Form and made available to Members on the Website(s).

These additional terms relate specifically to the provision of the additional services described below and together with the Order Form and the Member Terms and Conditions constitute the Contract.

In these Product Specific Terms and Conditions, the following additional defined terms shall have the following meanings:

“Authorising Contact” means the contact You stipulated in the Order, as updated from time to time by written notice to Zoopla;

“Brand Guidelines” means Zoopla’s brand guidelines as updated from time to time;

“Client HTML Creative” means a completed HTML creative supplied or made available by, on behalf or on the instruction of, You to Zoopla (or any Group Company) for the purposes of the Email Campaign(s);

“Client HTML Creative Delivery Date” as defined in clause 6 of these Email Campaign Terms and Conditions;

“Creative Content” means the Raw Content or the Client HTML Creative;

“Delivery Date” means the Client HTML Creative Delivery Date and the Raw Content Delivery Date, collectively;

“Effective Date” means the date both Parties have signed the Order Form or Zoopla has received Client’s purchase order, whichever is earlier;

“Email Campaign” means an email campaign sent by Zoopla to the Target Audience;

“Email Campaign Terms and Conditions” means these Product Specific Terms and Conditions;

“End Date” means the date that Zoopla has attained the required number of emails opened or click throughs from an Email Campaign or has sent the required number of emails as set out in the Order;

“Raw Content” means any and all content, data, advertisements, creatives and materials (including property details and any intellectual property rights of whatsoever nature) supplied or made available by, on behalf or on the instruction of, You to Zoopla (or any Group Company) for the purposes of the creation of the Zoopla HTML Creative;

“Raw Content Delivery Date” as defined in clause 7 of these Email Campaign Terms and Conditions;

“Send Date” means the date (as set out in the Order) on which the Email Campaign will be sent by Zoopla to the Target Audience;

“Specifications” means Zoopla’s HTML Creative Technical Specifications;

“Target Audience” means a segment of the UK population which can be clearly defined and which You are aiming to market your products and/or services to;

“You” means the company or entity set out in the Order Form and a reference to the “Member” in the Member Terms and Conditions, shall to the extent applicable, be a reference to You; and

“Zoopla HTML Creative” means the complete HTML creative created by Zoopla (or any Group Company) using the Raw Content provided, for the purposes of the Email Campaign.

General

1. Subject to these Email Campaign Terms and Conditions, Zoopla (or any subsidiary undertaking as Zoopla may determine) will provide You with the Services from the Send Date to the End Date. Zoopla may vary the Services (including amending the advertising campaign criteria, length of the advertising campaign in order to maximise performance) from time to time. Any changes by Zoopla will be made in accordance with clause 2 (Contract Changes) of the Member Terms and Conditions.

Cancellation or Delay:

2. If You fail to deliver the Content by the Delivery Date, all Fees* shall become immediately due and payable and Zoopla may, at its absolute discretion, terminate the Contract or delay the Send Date.

3. You may elect to cancel the Services and terminate the Contract prior to the Send Date provided that you give written notice to Zoopla:

a. where You cancel after the relevant Delivery Date, 100% of the Fees* will be payable in accordance with the terms of the Member Terms and Conditions;

b. if You cancel prior to the relevant Delivery Date, no Fees will be payable; and

c. You may elect to reschedule the original Send Date of an Email Campaign, by mutual written agreement with Zoopla no less than 24 hours before the Send Date. Subject to clause 3.2, if You elect to reschedule an Email Campaign on more than two occasions, 50% of the Fees* will be payable in accordance with the terms of the Member Terms and Conditions;

*Exclusive of VAT which shall be payable by You in addition to the Fees.

4. Should Zoopla be unable to send the Email Campaign to the Target Audience on the Send Date, Zoopla will notify You and agree a new Send Date.

5. You acknowledge that by agreeing to these Email Campaign Terms and Conditions you hereby covenant to comply with the following obligations during the Term of the Contract:

Supply of Content

6. If You provide a Client HTML Creative for the Email Campaign, You must provide this Order and the final version of the Client HTML Creative not less than one Business Day before the Send Date (“Client HTML Creative Delivery Date”).

7. If You provide Raw Content for Zoopla to use in the creation of a Zoopla HTML Creative for the Email Campaign, You must provide this Order and the Raw Content not less than 5 Business Days before the Send Date (“Raw Content Delivery Date”). You acknowledge and agree that all intellectual property rights in the Zoopla HTML Creative vests in Zoopla and/or its licensors/sub-contractors and that You have no rights in, or to, such intellectual property and may not use the Zoopla HTML Creative in conjunction with any other property portal or competitor of Zoopla.

Content Requirements

8. Unless otherwise specified in the Order, you are responsible for supplying all Creative Content to Zoopla. Zoopla shall not be liable for any failure to provide the Services where such failure derives from your failure or delay in supplying the Creative Content in accordance with the terms herein.

9. All Creative Content must comply with these Email Campaign Terms and Conditions and the Specifications, and must be relevant to the product, goods or services which You are selling.

10. Creative Content must be developed for the Target Audience and You must inform Zoopla in advance of the Delivery Date(s) who the Target Audience is.

Approval

11. Zoopla shall add Zoopla’s standard Email Campaign header and footer, as set out in the Specifications, to the Creative Content and shall send a proof Email Campaign to the Authorising Contact.

12. The Authorising Contact must approve (in writing) the proof Email Campaign by email or by submitting a booking form to Zoopla. Zoopla will not send the Email Campaign to the Target Audience without receipt of this written approval. Zoopla will not be liable for any failure to send the Email Campaign on the scheduled Send Date, due to Your failure to provide the written approval.

13. Zoopla will not be liable for any mistakes and/or faulty or missing links once the Email Campaign has been approved.

14. Zoopla retains editorial control over all communications sent by Zoopla to the Target Audience, and may vary the Email Campaign (including amending the campaign criteria or the Target Audience) in order to maximise performance, at its sole discretion, with or without notice to You.

Termination

15. In addition to the termination rights set out in the Member Terms and Conditions, Zoopla may terminate the Contract if:

a. You abuse the Service in any way;

b. there is a material breach or consistent breaches of these Email Campaign Terms and Conditions; and

c. You fail to pay the Fees to Zoopla within 14 days of receipt of written notice.

If this happens, Zoopla will provide You with a statement of reasons explaining the specific facts and circumstances that led Zoopla to making the decision to terminate the Agreement.

16. Zoopla may terminate any Contract in whole or in part, for convenience on written notice by giving not less than 5 days’ notice.

17. The provision of the Email Campaign services shall terminate on the End Date. 

Remail Campaign

18. You may request that Zoopla send the Email Campaign out to the Target Audience for a second time (a “Remail Campaign”).

19. You must provide Zoopla with the Order and the Creative Content (if applicable) within the timeframes specified by Zoopla.

20. Remail Campaigns must be sent within 14 days of the Send Date of Your original Email Campaign.