The recipient of the services (hereinafter referred to as “CUSTOMER”) affirms that He/She:
Is of age and with the legal capacity to understand and accept these conditions governing the services provided by CPC and has read and understood the service conditions and accepts them unreservedly.
And CPC Servicios Informáticos Aplicados a Nuevas Tecnologías S.L. (hereinafter referred to as “CPC”).
Both parties agree to the following clauses governing the services:
1.1.- This contract has as its aim to set up the contractual framework that will govern the conditions of the CPC Mailrelay server service depending on the volume contracted by the CUSTOMER, an email is considered as sent when the message is sent from CPC’s servers to the destination servers. The destination servers (and not CPC) are responsible for processing and delivering the email to the inbox.
CPC reserves the right to change, when deemed appropriate, any of the technical specifications to offer the CUSTOMER an improved service.
2.- CONTRACT DURATION
2.1.- This Contract will remain in effect for TWELVE (12) MONTHS from the date service is started.
2.2.- At the end of this initial period, the present conditions will automatically and tacitly renew for successive periods of the same length unless one or both of the parties expresses its wish to not renew via authentic communication to the other party at least three months before the expiry date of the first period or any of the subsequent renewals.
2.3.- If the CUSTOMER uses up all of the mailings contracted with the CPC Mailrelay service and in a period of 30 days has not contracted a new delivery voucher, CPC can terminate the contract automatically and without prior notice
2.4.- The account will be deleted if it remains inactive during 1 year, or until the payment plan is completed.
3.- PASSWORDS TO ACCESS SERVICES
3.1.- CPC shall give the CUSTOMER the identification code and personal password to access the different services. The CUSTOMER shall assume all damages and consequences of any kind that may result from their transfer, disclosure or loss.
3.2.- CUSTOMER can change the personal password at any time.
3.3.- CPC guarantees that the CUSTOMER’s identification code is unique and confidential.
3.4.- If CUSTOMER should lose or forget the personal access password, CPC shall be notified as soon as possible to immediately substitute it to ensure CUSTOMER’S maximum security.
3.5.- All communications regarding passwords and notifications referring to this service shall be sent to the email account provided by CUSTOMER. This address shall be valid and active and CUSTOMER agrees to check it at least every seven days. If this email address were to change, it is CUSTOMER’S responsibility to inform CPC or update the information themselves through the website.
3.6.- CPC and, as stipulated in LSSI of 34/2002 of 11 July on electronic commerce and information society services, reserves the right to block access to content, at any time and without prior notice, when it considers it breaks international or Spanish law. CPC shall not be held responsible for third-party content that it transmits, hosts or to which it offers access.
3.7.- The password recovery procedure should be done by sending an email to one of the email addresses of the administrator created in the panel or the email address used to create the account and/or contract the service, preferably from the control panel with the option “Recover password” or by contacting support. If The CUSTOMER would like to cancel the password recovery option from the creation/contracting email (if it is different from the user’s password) created in the control panel, this request will have to be sent in writing.
4.- SERVICE USE
4.1.- CUSTOMER is aware of the hardware and software and communication needs required to connect to the service.
4.2.- CUSTOMER agrees to use the services included in this contract appropriately and not use them to: (I) enter into illicit or illegal activities or those that go against good faith and public order; (II) disseminate racist, xenophobic, illegal pornographic content or propaganda, or any content that defends terrorism or attacks human rights; (III) damage software or physical systems that belong to CPC, its suppliers or third-parties, introduce or distribute computer viruses over the network or any other computer or physical system that might provoke the above stated damage; (IV) attempt to access or, as the case may be, use other users’ email accounts, modify or manipulate their messages or send mass mailings as publicity or propaganda without the subscribers’ express authorization or send any messages considered SPAM.
4.3.- Without prejudice to the foregoing, CPC can suspend its services at any time without prior notice for maintenance, updates, improvements or adjustments.
4.4.- CUSTOMER declares, agrees and warrants to only use the services as laid out in the Agreement, the US CAN-SPAM Act and the European Directive on Privacy and all other applicable legislation (including but not limited to those policies and laws that regulate SPAM, privacy, obscenity and defamation). CUSTOMER agrees to not access or use third-party address lists to prepare or distribute junk mail. CUSTOMER agrees to ensure and release CPC from any responsibility for any damage, loss, responsibility, resolution or payment (including but not limited to lawyer fees and expenses) that may arise in relation to any claim or legal action after a supposed violation of the aforementioned conditions, or in relation to CPC’s use. Although CPC is not required to control the content CUSTOMER distributes or how the CUSTOMER uses the Services, it may, including by eliminating that content or prohibiting use when it believes that it violates (or supposedly violates) the aforementioned conditions. The CUSTOMER is considered to be sending SPAM when more than 4% of the list subscribers send junk mail notifications or if emails are sent to five or more recognized spamtrap ISPs.
4.5.- All emaiLs, or any other type of electronic communication, sent through the service shall include a link to unsubscribe. CUSTOMER shall not erase, deactivate or try to erase or deactivate that link.
4.6.- CPC shall refrain from using any information or database that CUSTOMER gives CPC or stores in the service contracted for uses other than the service. It shall not be shared with any third-party without CUSTOMER’S prior express written authorization. CPC shall not use CUSTOMER’s database for its own or third-party mailings without CUSTOMER’S authorization. CPC undertakes to maintain the greatest zeal in terms of information privacy and security to comply with these stipulations however it shall not be held responsible for unforeseeable situations provoked by third-parties that escape its control like malicious hacker attacks, computer theft, etc. once the confidentiality and security criteria have been covered.
4.7.- CPC shall respect the property rights of the electronic files CUSTOMER puts as its disposal to deliver messages via the services contracted. CPC shall undertake to hold those electronic files with the strictest information privacy and security efforts.
4.8.- CPC reserves the right to change, when deemed appropriate, any technical specifications to offer the CUSTOMER an improved service.
4.9.- Upon either party terminating the contract, the tracking links that the sent messages contain shall be deactivated.
4.10.- If any of the cases described in points 5.2, 5.4 or 5.5 come to pass, the contract shall be terminated and the fees thus far charged shall not be returned and the client will have to pay the outstanding monthly fees up to the date of the contract as compensation for damages caused by misuse of the service.
5.- INTELLECTUAL AND INDUSTRIAL PROPERTY
5.1.- The content and services provided by CPC under this contract are subject to the rights to intellectual and industrial property owned by CPC or third-parties. CUSTOMER shall not use them without the written and prior authorization of CPC or those third-parties. Use of that content or those services for profit or commercial purposes is forbidden. CUSTOMER shall respect the intellectual and industrial property rights of the content that it shares through the contracted services, releasing CPC from any claim that could come about for this reason.
5.2.- For the purposes of this clause and the one preceding it, CPC can require the CUSTOMER to accredit or justify any points deemed necessary. If CUSTOMER were to not accredit them, CPC can immediately remove that content and proceed to the immediate termination of the contract, without CUSTOMER having resource to any sort of indemnity.
5.3.- CUSTOMER shall respect all national and international industrial and intellectual property right and copyright laws regarding the content that is hosted by the service and with the associated domain names. CUSTOMER assumes complete and exclusive responsibility for possible violations of third-party industrial and intellectual property, law and order or morality, or any other lawsuits related to the content hosted by the service or the domain names acquired through CPC
5.4.- CPC reserves the right to pursue the legal actions deemed appropriate.
6.- CPC’S LIABILITY
6.1.- CPC will provide the Client with the use of the Mailrelay online software so that they can import their contact database, create a newsletter design and send it to their subscribers using the system provided by CPC.
6.2.- CPC shall not be accountable for damages that the CUSTOMER may suffer in circumstances of force majeure, acts of God, from causes that although foreseeable could not be avoided and in general in any circumstance that is beyond CPC’s control.
6.3.- CPC shall not be responsible for any claim that may result from quality, reliability, exactness or correctness of the information, opinions, programs, data, services or content of any kind to which CUSTOMER might have access via the services contracted with CPC, or shared by CUSTOMER.
6.4.- CPC shall do its best to maintain an acceptable level in its compliance with its contractual obligations but it cannot explicitly or implicitly guarantee the continuity of service at any given time, the good condition of the information stored or transferred through its Resources or the internet. CPC shall not be held responsible for unauthorized third-party access to CUSTOMER’S information stored in the system, or its loss or corruption.
6.5.- CPC can contract or subcontract third-parties as deemed necessary to realize any or all of the activities needed for maintenance, updates, improvement or execution of Services. These third-parties may be able to deactivate the Service and consequently interrupt access to it.
6.6.- A temporary involuntary stop in service, from internal or external causes, or a voluntary stop in service for service improvements shall not be used as a pretext to request or demand damages. CPC shall take the measures needed to restart the service and shall reimburse CUSTOMER for the hosting payment corresponding to the period the service was down.
7.- ADDITIONAL SERVICES OR SERVICE EXTENSION
7.1.- CUSTOMER can request additional services different from the ones initially requested as it deems appropriate by sending an email to [email protected] The request and contracting of the additional services are also subject to the terms and conditions laid out in this contract.
7.2.- In the event that CPC had to offer additional work to the services indicated in point 7.1 such as complaint management, blacklisting removal, IP management, custom development, etc., CPC will charge the client for the services provided. CPC will charge for this kind of services a rate of 150 € / hour (being 1h the minimum per any service) to be billed either at the time of execution or at the end of the contract or any of its extensions.
8.- CHANGES TO THE CONTRACT
8.1.- CPC reserves the right to alter this contract. In this case, CPC shall notify the CUSTOMER as to the scope and content of each change with at least 15 days notice prior to its becoming effective. If CUSTOMER does not accept the changes, THE CUSTOMER can terminate the contract early. In all other cases, the new conditions shall be understood to be accepted by CUSTOMER.
9.- BACKUP COPIES
9.1.- CUSTOMER shall periodically make a backup copy of the data contained in the account on CPC servers as well as of the databases associated with the service. CPC shall not be accountable in any circumstances for changes to or loss of CUSTOMER’S data due to an act of God, CUSTOMER’S bad management or force majeure. CPC offers CUSTOMER additional periodic backup services to facilitate management. These can be contracted separately.
10.- PERSONAL DATA PROTECTION
10.1.- CUSTOMER shall be liable to CPC and shall remain free of all expenses, costs, damages and losses of any kind incurred as consequence of any claim related to non-compliance with any legal or regulatory duty, and especially any administrative sanction or claim of any kind, the result of non-compliance on the part of CUSTOMER of the obligations assumed in issues of data protection liable to CPC or to the owners of the corresponding data.
10.2.- The CUSTOMER agrees not to store any personal data on the platform and not to compile or store profiles and databases without the express authorization of the subscriber. Notwithstanding the preceding, the CUSTOMER shall adopt the necessary security measures for the protection of non-private data required by European regulationsand National Data Protection and LSSI, exempting CPC from any liability in case of private data upload. The CUSTOMER must also have written permission from each subscriber for the intended communication, procedures for cancellation, rectification and unsubscribe requests from each subscriber.
10.3.- For the purposes of the provisions of the Organic Law on Data Protection and other regulations, CPC informs the Client, that their personal data will be incorporated into a file created and under the responsibility of CPC at the address C/ Nardo, 12 – 28250 – Torrelodones – Madrid – Spain. The purpose of collecting and processing such data is the maintenance of the contractual relationship established between the parties, the management, administration, provision, expansion and improvement of the services provided now and in the future, through this company or third parties.
10.4.- CUSTOMER can exercise the rights of access, rectification, cancellation and opposition by contacting the manager at the above mentioned address.
10.5.- Not to inform or allow access to Personal Data to any third party, with the exception of those employees and collaborators who cannot fulfill their obligations without having access to this information.
11.- ELECTRONIC COMMERCIAL COMMUNICATION
11.1.- CUSTOMER authorizes CPC to send commercial communications and promotional offers that will be governed by the pertaining rules and those rules in place with respect to commercial and advertising materials as well as by the Spanish Information Services Act.
11.2.- Likewise, CUSTOMER can at any time express the desire to stop receiving this information by writing to the address indicated in the header.
11.3.- CPC complies with the guidelines of the Organic Law 3/2018 of December 5, 2018 on Data Protection and Guarantee of Digital Rights and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of user information with regard to the processing of personal data, and takes care to ensure the correct use and treatment of the user’s personal data. For this purpose, together with each form for the collection of personal data, in the services that the CLIENT may request to CPC, it shall inform the CLIENT of the existence and acceptance of the particular conditions of the treatment of their data in each case, informing them of the responsibility of the created file, the address of the responsible for managing the data, the possibility of exercising their rights of access, rectification, cancellation or opposition, the purpose of processing and data communications to third parties where appropriate. Likewise, CPC informs that it complies with the Law 34/2002 of July 11th, of Information Society Services and Electronic Commerce and shall request consent to the treatment of emails for commercial purposes at all times.
11.4.- CPC may use the Client’s logo and image to elaborate a success case with information about the use of the service and publish it in its website and/or in third parties’ websites
12.- AUTHORITY IN CASE OF LAWSUIT
12.1.- Both parties by mutual agreement express their desire for any lawsuit to go before the courts and tribunals of Madrid.
13.- NULLITY OR INEFFECTIVENESS OF THE CLAUSES
13.1.- If any of the clauses in the Service Contract or Conditions were declared totally or partially null or void, the nullity or void will only affect the provision or the part thereof that is null or void. All other parts of the Service Contract or Conditions shall remain in force and the provision, or the part thereof affected, will be held to have not been included.
14.- ADDITIONAL CONDITIONS
14.1.- VAT not included. Payment will be made in advance upon signing.
14.2.- Maximum length of the prepay voucher shall be 12 months. Once the initially contracted voucher has been used up the CUSTOMER can request new mailing vouchers for 30 days to extend the use of the service without paying the service start-up fee.
14.3.- In the monthly plans, the plan contracted month by month will be invoiced in advance and the credits not used at the end of each month cannot be accumulated.
14.4.- For prepaid plans, the CUSTOMER can add new prepaid plan to the same contract without having to sign a new contract.
14.5.- Each email shall have a maximum size of 100 KB. If an email exceeds this weight, an additional email will be charged for each 100 KB extra.
14.6.- Emails over the quota will be charged at €0.01 each. Additional source domains used without being contracted beforehand will cost €100 each.
14.7.- The free contract can be terminated by either party at any time without any penalty.
14.8.- For every ten days that the payment is late or for any incident in the automatic payment systems due to causes imputable to the CUSTOMER, CPC will charge an additional fee of 5% of the monthly fee for management expenses. CPC reserves the right to temporarily suspend service if there are any incidents in collection or if a payment is skipped until the problem has been resolved.
15.- REFOUND POLICY
15.1.- There is no refund policy and online payments will not be refunded.
16.1.- The CUSTOMER declares to have read the terms of service and expressly accepts them in full. In accordance with the provisions of Organic Law 3/2018 of December 5, on Data Protection and Guarantee of Digital Rights, we inform you that your data will be incorporated into automated files owned by CPC in order to bill you for services rendered, as well as to keep you informed by electronic or postal means of commercial news and/or new promotions. We also inform you that you may exercise your rights of access, rectification, cancellation, and objection at C/ Nardo, 12 – 28250 – Torrelodones – Madrid – Spain. The use, manipulation, reproduction, or distribution of this information by third parties is strictly prohibited. The contact details indicated by the Client will be valid for all notification purposes regarding this contract.
To clarify the operation of the service, we will define the cases considered abuse by CPC, any of these cases will result in the termination of the service indefinitely.
- CUSTOMER’S may only have a free account, even if they have multiple domains.
- A paying CUSTOMER can not use a free account if he/she already has a paid account. If this happens, the free account will be deleted.
- An accont cannot be created under one of these conditions: Domains hosted in free hosting or email service providers, newly registered domains, the same domain with several different extensions or subdomains, websites not published or without real and visible contact information and other requirements.
- Free accounts can not send campaigns on behalf of other domains, also two free accounts can not send the same newsletter. If multiple domains send the same newsletter it will be considered abuse.
- When reports of SPAM are very high and cause the blocking of the outbound IP.
- When the number of bounces exceeds 25% of the database.
- It is not allowed to send malicious emails, viruses, Trojans, pornography, advocating terrorism, illegal substances, etc. or any activities that are pursued by law.
- It is not allowed to create an account to send emails directly or indirectly related to multilevel marketing and / or pyramid, also known as Ponzi schemes, either for free accounts or paid plans.