The GraphicMail service and support offering
The Client agrees to be bound by these Terms of the Services. The Terms are published at the following URL: http://www.graphicmail.com/site/terms.aspx. The Company may modify these Terms and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the Services or the Terms become effective upon those changes being made live on the aforementioned URL.
The Services are subject to agreement to these Terms, payment in advance and registration with true, complete and up to date contact information. Failure to meet any of these requirements or to use the Services in a way that violates any laws or regulations can lead to cancellation of the Services.
The Terms take affect when the Client signs up for the Services and continues until the account is cancelled. If the Client signs up for the Services on behalf of a company or organization, they represent and warrant that they have the authority to accept these terms.
The Services are available according to pricing published on our website. This pricing can be changed from time to time. Payment of the Services can be made by credit card or by wire transfer. If the Client takes a monthly plan, the Client authorizes the Company to charge their credit card a set amount each month. The date upon which the charge occurs is the same date, or the closest date, to the date of the first monthly payment. If the Company is for any reason unable to deduct the monthly payment, you will be notified via email and the Services will be disabled until payment is received.
Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month, but extra send credits which can be purchased by clients with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.
According to the type of monthly plan subscribed to by the Client, the Client may also purchase prepaid email credits. The pricing for these credits is published on our website and are subject to change from time to time. These prepaid credits remain on the Client’s Services until used and are non-refundable.
Pay as you go plans require the purchase of prepaid email credits. The pricing for these credits is published on our website and are subject to change from time to time. These prepaid credits remain on the Client’s Services until used and are non-refundable.
Payment of the Services can be made by Visa, MasterCard or American Express. If the Client takes a monthly subscription, the client authorizes the Company to charge their credit card a set amount on a regular basis. The Client agrees to update the credit card information for any credit card that expires with a valid credit card. The Client represents and warrants that he or she is authorized to use the credit card and that charges won’t be rejected. If the Client’s credit card is rejected the Client’s access to the Services will be suspended until payment can be processed.
Restrictions and Responsibilities
The Client is responsible for keeping all usernames and passwords confidential. The Client is responsible for notifying the Company of any unauthorized use of the Services. The Company does not have access to passwords and can only reset passwords on request.
The Company reserves all rights other than those expressly granted in these Terms. No licenses are granted except as expressly set forth herein.
The Client will not contest the validity of the Company with regard to trademarks, other brand features or content during the Terms, or after the expiration of these Terms.
The Client acknowledges that the Company owns all rights, titles and interests in and to the Services including any and all proprietary rights.
The Client represents and warrants that the contents of the Client’s emails and mobile messages and the content of any websites to which those emails or mobile messages link comply with all relevant regulations and legislation in the countries of the recipients of those emails. The Client accepts all editorial responsibility and liability for the email and mobile messages and any related elements contained therein.
The Client represents and warrants that the they own or have permission to use any content in the Client’s emails and mobile messages. The Company does not control the content of files and documents transmitted by the Services and the client acknowledges and accepts this. The Client retains ownership of all content that the Client uploads to the Services.
The Services may only be used in compliance with the US CAN-SPAM Act and any other applicable State or Federal laws that are in affect or may come into affect during the course of this agreement. The Client may not use third party mailing lists to distribute unsolicited email to any third party. The Client agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any State or Federal law resulting from the Client’s illegal use of the Services.
The Company reserves the right to monitor and view the emails, mobile messages and social posts created by the Client. The Company reserves the right to remove any content or immediately suspend use of the Services, if it believes that the Client is in violation of any relevant regulations and legislation in the Client’s country of incorporation or in country of the recipients of the Client’s emails.
Privacy and abuse
The Client agrees that they will not violate our usage policies. Violation of these usage policies may lead to suspension or termination of the Services without recourse to a refund.
If the Client feels anyone is violating these Terms, the will notify us immediately by reporting it to our abuse team.
If the Company believes that the Services are being used for anything other than intended use, the Company can throttle email or mobile messaging or suspend access to our API.
The Services will automatically append an "unsubscribe" and a complaint link to all outgoing email which will allow recipients to remove themselves from the Client’s mailing list. The Company may immediately suspend the Services if the Client make any attempt to remove or disable this link.
The Company will not share any PII (personally identifiable information) the Client may upload (such as email addresses, name, contact information, or images) to the Services with any other party, unless required under law. The Company will not use the Client’s customer information for the purpose of sending unsolicited commercial e-mail. The Company may use this information and any technical information about the Client’s use of the Services to facilitate the Client’s use of the Services or in communications with you. For the avoidance of doubt this shall survive termination or expiry of this agreement and shall remain in full force and effect.
The Client may cancel the Services at any time by giving Notice to the Company. The Company can suspend the Services to the Client at any time, with or without cause. If the Company terminates the agreement without cause, the Client will be refunded a pro-rata portion of their monthly payment. If the Company terminates the Client for cause there will be no refund. Violation of any of these Terms justifies cause.
The Company may immediately terminate this Agreement and suspend access to GraphicMail without refund if you are in violation of any of terms outlined in this agreement. The Company is not liable for any commercial damage to you as a result of its decision to terminate or suspend your GraphicMail account.
The Company reserves the right to delete any account data within 30 days after the date of termination.
THE SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
The Client agrees to bear the risk of imperfection of the Services. The Client acknowledges also that the responsibility of the Company does not include, inter alia: (i) difficulties in accessing the Services which result from non-compliance of the Client to meet their obligations, product failures or periods of network saturation from upstream Internet network providers and in particular the Client’s access providers, (ii) virus infection of data and / or software of the Client, which protection lies with the latter. (iii) malicious or abnormal use of the Services, (iv) indirect damages, especially those that do not result directly and exclusively from the total or partial failure of the Services, including such losses as a loss of customers, commercial loss, loss of brand or economic harm. Any action brought against Client by a third party constitutes indirect damage and therefore no entitlement to compensation.
The Client agrees to indemnify and hold harmless the Company from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the Client.
The Client agrees to indemnify the Company and its directors, officers, employees, servants, contractors and agents against damage, cost and expense (including reasonable attorneys’ fees) arising from any claim, demand, assessment, action, suit or proceeding resulting from any unlawful or wrongful conduct, action or inaction of the Company.
The Client agrees to indemnify and hold harmless the Company from any losses that result from third-party claims that someone using the Client’s password did something that would violate these Terms.
The Client represents that their use of the Services will comply with all relevant laws and regulation. The Client is responsible to ensure the suitability of the service in light of specific data regulations like HIPAA, GLB and the EU Data Privacy Laws or any other laws.
The Client warrants that they have obtained necessary permission in compliance with all relevant data protection laws and regulations to use the Services to store data on an individual and send communications to an individual.
The Client indemnifies and holds harmless the Company from any loss, including attorney fees, that result from a breach of any of these warranties.
The Agreement shall be governed by Swiss law. Any dispute relating to the application, interpretation or execution of the Terms will, by express agreement, be brought before the Court of Commerce in the Canton of Geneva.