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If you do not agree to be bound by these terms and conditions, you may not use the mailchilly service. Existing terms and conditions apply to you if you use the mailchilly service.
OUR SERVICES
The Company will provide the Service to the Customer in accordance with these terms and conditions, and the provision of the Service will persist unless the Contract is terminated as per these terms. Any additions, modifications, or terms inconsistent with these conditions are not binding unless agreed upon in writing by the Company.
In case of any inconsistency between these terms and conditions and other Contract documents, these terms and conditions will prevail unless expressly referred to and varied with the written consent of the Company. The Contract does not establish a partnership or agency relationship between the Company and the Customer.
Sending any Email or content created through the Services by alternative means is strictly prohibited.
The Company, at its discretion and with written notification to the Customer, may assign, transfer, subcontract, or otherwise deal with its rights under the Contract. The Company may make changes to the Service, without notice, if necessary to comply with applicable laws or industry standards.
There is no obligation on the Company to provide trial period accounts, Free Accounts, paid Service accounts, or second accounts. Additionally, there is no obligation for either the Customer or the Company to extend any Free Account period into a paid Service account.
COMPANY RIGHTS AND OBLIGATIONS
The Company undertakes to provide the Services to the Customer with reasonable skill, care, and professionalism. All warranties, conditions, and other terms implied by common law are expressly excluded to the fullest extent permitted by law from the Contract and associated terms and conditions.
Technical Support and Service Uptime:
• Technical support is available during office hours (Monday - Friday, 9 am - 7 pm). The Company will respond diligently to interruptions or issues, striving to rectify them within a reasonable timeframe.
• The Company aims for an uptime level of 99%. However, downtime attributable to specified factors is excluded.
Service Usage Guidelines:
• The Service is designated for 'opt-in' email marketing, requiring the informed consent of each recipient.
• Usage for 'SPAM,' junk mail, or unsolicited advertising is strictly prohibited.
• The Company may suspend or terminate the Service without a refund if it believes the Service is being misused or if the Customer breaches terms and conditions.
Recipient Information:
• The Company may remove recipient details or update information if necessary, including upon complaint or request from the recipient.
Monitoring and Review:
• The Company reserves the right to monitor the Customer's usage, including bounce back, unsubscribe, and complaint rates. Excessive rates may prompt a manual review, leading to account suspension.
Backup Service:
• If a backup service is included, the Company will make reasonable efforts to protect and backup data at least once in 7 days. The Company is not liable for lost, corrupted, or destroyed data during any suspension or interruption caused by the backup service.
Backup Service Accuracy:
• The accuracy and regularity of the backup service are not guaranteed by the Company. Customers are responsible for independent backups, and retrieving backup files may incur additional charges.
Recipient Information:
• The Company may remove recipient details or update information if necessary, including upon complaint or request from the recipient.
CUSTOMER RESPONSIBILITIES
Customers utilising MailChilly's services are accountable for:
a. Furnishing accurate and current information essential for the delivery of email marketing services.
b. Compliance with all pertinent laws and regulations in their jurisdiction concerning the use of email marketing services.
c. Ensuring the security of their account by safeguarding login credentials.
d. Respecting the intellectual property rights of MailChilly and third parties.
By availing our services, customers agree to uphold these responsibilities, adhering to the stated terms and conditions for a harmonious and effective partnership.
TERM AND PRICE
a. Term of Service:
The term of service begins upon acceptance and continues until either customer provides written notice of termination. The termination shall be effective on the date specified in the notice.
b. Pricing Structure:
The pricing details for MailChilly's email marketing services are outlined in the service agreement. Prices are subject to change, and customers will be notified in advance of any modifications.
c. Payment Terms:
Customers are required to adhere to the payment terms specified in the service agreement. Failure to make timely payments may result in the suspension or termination of services.
d. Renewals:
For services with a recurring term, customers will be automatically enrolled for renewal unless a notice of non-renewal is provided in writing before the expiration of the current term.
e. Fee Adjustments:
MailChilly reserves the right to adjust fees for its services. Customers will be notified of any fee adjustments in advance, and changes will take effect on the specified date.
f. Taxes:
Customers are responsible for any applicable taxes associated with the use of MailChilly's services.
By engaging with MailChilly's services, customers agree to the pricing, terms and conditions structure outlined herein. It is the customer's responsibility to review and understand these terms for a seamless and mutually beneficial partnership.
TERMINATION
These Legal Terms and Conditions shall remain in full force and effect during your utilisation of the Services. Without limiting any other provision of these legal terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the services (including blocking certain ip addresses) to any person, for any reason or for no reason.
This encompasses, without limitation, breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services, delete your account, and remove any content or information posted by you at any time, without warning, at our sole discretion.
We terminate or suspend your account for any reason, you are expressly prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any other party, even if you may be acting on behalf of that party. In conjunction with terminating or suspending your account, we reserve the right to initiate appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
The Company retains ownership or the ownership of its licensor for all software supplied or utilised by the Company.
The intellectual property rights for this website and its content, including any periodically produced blog ("Website Content"), belong to the Company. The Customer is prohibited from copying, reproducing, or utilising the Website Content without the express prior written approval of the Company.
The Customer agrees to indemnify and hold the Company harmless from any claims of copyright, patent, trademark, industrial design, database rights, or other property rights infringement arising from the Service.
If any infringement occurs or is anticipated, the Customer may request the Company to modify and/or amend the account content, email campaign, or content to make it non-infringing. If agreed upon, the Company may charge for the additional cost at its current hourly rate.
The Customer affirms that it has obtained, and will continue to obtain, all necessary consents, approvals, and licences from any third party with intellectual property rights incorporated into the Email, whether presently or in the future.
Customers acknowledge and agree to the terms and conditions outlined in this Intellectual Property and Copyright Notice for a lawful and collaborative partnership.
LIMITATIONS OF LIABILITY
While using MailChilly's email marketing services, it's important to understand the limitations of liability. Our commitment to transparency and your satisfaction is outlined in this section:
• No Guaranteed Results: While we strive for optimal email marketing performance, we cannot guarantee specific results. The success of your campaigns may vary based on factors beyond our control, such as audience response and market conditions.
• Service Interruptions: MailChilly aims for uninterrupted service, but we do not guarantee continuous, error-free, or secure access to our platform. Temporary interruptions may occur due to maintenance, system updates, or unforeseen issues.
• Data Security: We take utmost care in safeguarding your data, but we cannot guarantee absolute security. It is essential to follow our security guidelines and best practices to minimise risks.
• Third-Party Services: MailChilly may integrate with third-party services. While we ensure compatibility, we are not responsible for the performance, reliability, or security of these external services.
• Indirect Damages: MailChilly, its directors, employees, or agents will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of our email marketing services.
• Limitation of Liability: Regardless of the circumstances, our liability to you will be limited to the lesser of the amount paid by you to MailChilly or as otherwise stated in applicable laws.
By using MailChilly's email marketing services, you acknowledge and accept these limitations of liability. For a detailed understanding, please refer to our comprehensive terms and conditions.
NOTICES
- By using MailChilly's website and services, you agree to these terms and conditions. Any requisite notice within the contract is considered delivered when sent via registered or recorded delivery post, email to the intended party at its registered office, main office, or last known address. Notice is deemed served 48 hours after posting or 12 hours after email transmission.
• For communication with the Company, please use the following email address: info@www.mailchilly.com.