Last changed on 27.09.2012
Contract – the present Terms of Service.
Service – online marketing software related to the preparation, management and posting of e-mails, SMS campaigns, registration and payment forms, measurement of the results, export, analysis, etc., provided by the Supplier to the Contracting Party for use under the Contract.
Supplier – company providing and developing the Service and use thereof – Sendsmaily OÜ – incl. its cooperation partner, distributor, agent, representative, employee or any other related party.
Contracting Party – physical or legal person using the Service provided by the Supplier, incl. a person authorised by such person.
Credit Points – paid or free of charge resources prescribed by the service package, which are used for consuming the Service in the prescribed extent, volume and time.
Monthly Fee – resource prescribed by the service package, used for consuming the Service for posting to the agreed list volume, with or without restrictions.
Rights and obligations of Contracting Party
The Contracting Party shall be an adult and a person with active legal capacity.
The contact addresses and phone numbers shall be directly linked to the Contracting Party and obtained with the prior consent of the recipients. This requirement shall not apply to lists purchased and rented (even if the recipients have expressed their consent in any other manner) or to lists with prior consent of any other party (cooperation partners, contracting parties, clients, related companies, etc.).
The Contracting Party shall be held fully liable for the content, form and technical correctness of the posts made on their part.
All posts and the materials used therein shall be in compliance with the Personal Data Protection Act, Copyright Act and any other laws. The Contracting Party shall be held liable for compliance with legislation.
The Contracting Party shall be strictly forbidden to send junk mail! All expenses related to junk mail (redeeming server IP addresses from black lists, claims by third parties against Supplier, legal expenses, etc.) shall be compensated by the Contracting Party to the Supplier in full.
The Contracting Party shall not have the right to send posts that include messages or offers with the following content:
- Stimulants and additives, incl. forbidden food and drinks.
- Other forbidden goods, products and services.
- Escort and dating services.
- “Rags to riches” and “work-at-home” schemes.
- Gambling, lotteries, shares, etc.
- Activities related to resale and broking.
- Racist or hostile posts or posts inciting hatred.
The Contracting Party shall not act in the name of others, except when written consent has been obtained from the other party.
The Contracting Party shall not use the resources granted by the Supplier unreasonably and for an unsuitable or unintended purpose.
The Contracting Party states it shall not file an action or any other financial or non-financial claim against the Supplier, its cooperation partners, distributors, agents, employees, etc., in relation to the provision or non-provision of the Service and any other circumstances related to the Service.
The Supplier shall use e-mail for sending notifications, messages and offers, and the Contracting Party shall grant their consent for this.
Rights and obligations of Supplier
The Service shall be used “as is” and “as possible”, with no warranties. Especially in cases where service availability does not depend on the acts or omissions of the Supplier (communication errors, technical failures outside the Supplier’s server and communication network, failures in third party applications or services, etc.).
The Supplier shall not be held liable for the success of posts or guarantee the cost-efficiency of any posts.
The Supplier shall keep any data entrusted to it by the Contracting Party (incl. recipient lists, letter forms, posting results, user account details, etc.) confidential and shall not use these for any other purpose than for posting for the Contracting Party, and shall not disclose such data to any third parties, except when requested so by the Contracting Party. This condition shall not apply if it is proved that the Contracting Party is sending junk mail.
The Supplier shall take junk mail senders into due consideration, incl. shall immediately block the Contracting Party’s campaigns and any user accounts related to the Contracting Party, until the respective issue has been settled, and shall submit the materials prepared by the Contracting Party to law enforcement authorities, if necessary.
The Supplier shall have the right to suspend or block the Contracting Party’s user account(s) without prior notice. This includes the right to stop further posting in case of any outstanding invoices or if Credit Points have run out.
Any Credit Points left unused shall not be returned or compensated.
All outgoing letters shall be deducted from the Credit Points regardless of whether successful or not.
Upon the termination of any packages charging a monthly fee, the Supplier shall be notified thereof at least one (1) calendar month in advance.
The Supplier shall have the right to charge an interest on arrears in the amount of 0.15% on outstanding invoices until the payment of the debt.
The Supplier shall have the right to amend the price lists, the terms of the Service Contract and the availability, opportunities, features, etc. of the Service by announcing such amendments on its website.
Acceptance of contract terms shall be required for the provision of the Service. By using or starting using the Service, the Contracting Party shall be deemed to have accepted the terms.