- 1.- PURPOSE
- 2.- CONTRACT DURACTION
- 3.- PASSWORDS FOR ACCESSING THE SERVICES
- 4.- SERVICES USAGE
- 5.- INDUSTRIAL AND INTELLECTUAL PROPERTY
- 6.- MAILRELAY’S LIABILITY
- 7.- RESPONSIBILITY OF THE CUSTOMER
- 8.- ADDITIONAL SERVICES OR SERVICE EXTENSION
- 9.- CHANGES TO THE CONTRACT
- 10.- BACKUPS
- 11.- PERSONAL DATA PROTECTION
- 12.- ELECTRONIC COMMERCIAL COMMUNICATION
- 13.- COMPETENCE IN CASE OF LITIGATION
- 14.- NULLITY AND INEFFECTIVENESS OF CLAUSES
- 15.- ADDITIONAL CONDITIONS
- 16.- REFUND POLICY
- 17.- ADDITIONAL INFORMATION
- ABUSE POLICY
On the one hand, the recipient of the services (hereinafter referred to as “THE CUSTOMER”) who declares that:
They are a person of legal age and with sufficient legal capacity to understand and accept these conditions for the provision of the services offered by MAILRELAY and has read and understood the conditions of the service and will accept them without reservation.
On the other hand “CPC Servicios Informáticos Aplicados a Nuevas Tecnologías S.L” (hereinafter “MAILRELAY”).
Both parties agree to subject the provision of services subject to the following clauses:
1.1.- The purpose of this contract is to establish the contractual framework that will regulate the conditions of the MAILRELAY email marketing services according to the limits contracted by the CUSTOMER. An email is considered as sent when the message is sent from MAILRELAY’s servers to the destination servers. The destination servers (and not MAILRELAY) are responsible for processing and delivering the email to the inbox. MAILRELAY reserves the right to change, when it deems it pertinent, any technical specifications in order to offer a better service to the customer.
2.- CONTRACT DURACTION
2.1.- This Contract will have an initial duration of TWELVE (12) MONTHS from the date the service is started.
2.2.- At the end of the initially agreed period of duration, the present conditions shall be automatically and tacitly extended for successive periods of the same duration, unless either of the parties express their will not to renew it by means of a reliable communication to the other party, at least three months prior to the expiration date of the initially agreed term or, as the case may be, of any of its extensions.
2.3.- If the CUSTOMER spends all the limits purchased from MAILRELAY service and in a period of 30 days has not contracted a new email marketing package, MAILRELAY can terminate the contract automatically and without prior notice.
2.4.- If the CUSTOMER spends the limit of emails or subscribers of a monthly plan for the current package, the system will block the account for sending campaigns until the customer increases the monthly plan, advances the renewal date or the next monthly package is activated.
2.5.- The account will be deleted if it remains inactive for one year, or until the end of the paid plan.
3.- PASSWORDS FOR ACCESSING THE SERVICES
3.1.- MAILRELAY shall provide the CUSTOMER with the identification code and the personal password for access to the different services, and the CUSTOMER shall fully assume the damages and consequences of all kinds that may arise from the transfer, disclosure or loss of this private information.
3.2.- THE CUSTOMER may modify their personal password at any time.
3.3.- MAILRELAY guarantees the exclusivity regarding the identification code and the confidentiality of the personal password of THE CUSTOMER.
3.4.- If the CUSTOMER should lose or forget the personal password, MAILRELAY shall be notified as soon as possible in order to substitute it to ensure CUSTOMER’S maximum security.
3.5.- All communications regarding password and notifications with reference to this service shall be sent to the email account provided by THE CUSTOMER. The CUSTOMER will have to make sure that the address will be valid and that it will be active and will be reviewed with a periodicity never exceeding 7 days. In case this contact email address changes, THE CUSTOMER shall notify MAILRELAY in writing.
3.6.- MAILRELAY and in accordance with the provisions of LSSI 34/2002 of July 11, 2002, of Services of the Information Society and Electronic Commerce reserves the right to block the access to our platform, at any time and without prior notice, when its use is contrary to Spanish or international laws, morality, uses and customs of the local, or violates any fundamental right, or could be offensive to any person, group or collective. It is forbidden to send advertising content that needs authorization from its author, or requires specific authorization by the regulatory authorities of the country for its commercialization. MAILRELAY 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 through 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.- SERVICES USAGE
4.1.- THE CUSTOMER declares to know the hardware, software and communication needs for the use of 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 or pornographic content, apology of terrorism or against human rights or any unregulated activities; (III) damages software or physical systems that belong to MAILRELAY, 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, newsletters, SMS, or send mass mailings as publicity or propaganda without the subscribers’ express authorization or send any messages considered SPAM.
4.3.- Notwithstanding the above, MAILRELAY can suspend its services at any time without prior notice for maintenance, updates, improvements or adjustments.
4.4.- THE CUSTOMER declares, agrees and guarantees that they will use the services exclusively according to the Agreement, the US CAN-SPAM Act and the European Directive on Privacy and other applicable legislation (including, but not limited to, those policies and laws regulating SPAM, privacy, obscenity or defamation). The CUSTOMER agrees not to access or use third-party email lists for the preparation or distribution of spam. Furthermore, THE CUSTOMER agrees to insure and hold MAILRELAY harmless from any damage, loss, liability, settlement or disbursement (including, but not limited to, attorney’s fees and costs) arising in connection with any claim or legal action following an alleged violation of the foregoing terms and conditions, or in connection with the use of MAILRELAY. Although MAILRELAY is not obliged to control the contents that THE CUSTOMER sends or the use that THE CUSTOMER makes of the Services, it can do so, which means MAILRELAY can delete such content or prohibit the use of the service when it believes that it may violate (or allegedly violates) the above conditions. It is considered that the CUSTOMER is abusing the service when the bounce rate exceeds 25% or if emails are sent to three or more spamtraps to recognized ISPs in a period of one week.
4.5.- All emails, SMS or any other type of electronic communication, sent through the service shall include a link to allow readers to unsubscribe. The CUSTOMER is responsible for making sure this link is available and visible.
4.6.- MAILRELAY shall not use any information or databases that the CUSTOMER sends to MAILRELAY or stores in the contracted service for purposes other than those related to the service itself. Neither shall they be shared with third-parties nor disclosed in any way, without previous and express authorization in writing from THE CUSTOMER. MAILRELAY shall not use THE CUSTOMER’s database for its own or third-parties’ campaigns without THE CUSTOMER’s authorization. MAILRELAY undertakes to keep the utmost care in terms of privacy and computer security in order to comply with what is stipulated in this point, however, once the confidentiality and security criteria have been met, MAILRELAY shall not be liable for any imponderables beyond its control caused by third-parties such as malicious attacks by hackers or similar, theft of computer equipment, etc.
4.7.- MAILRELAY shall respect the property rights of the electronic files sent by the CUSTOMER for creating and sending messages through the contracted services. MAILRELAY undertakes to make the maximum effort to keep such electronic files with the utmost care in terms of privacy and computer security.
4.8.- MAILRELAY reserves the right to change, when it deems it pertinent, any technical specifications in order to offer a better service to the customer.
4.9.- Upon either party terminating the contract, or if there is any problem with due payment, the tracking links included in any sent message shall be deactivated.
4.10.- If any of the cases described in points 4.2, 4.4 or 4.5 come to pass, the contract shall be terminated and the fees thus far charged shall not be returned and the customer 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.
4.11.- The panel resources, applications and information contained in the portal and system tutorials and videos are examples and their application will depend on the contract and version used.
5.- INDUSTRIAL AND INTELLECTUAL PROPERTY
5.1.- The contents and services provided by MAILRELAY under this contract are subject to industrial and intellectual property rights belonging to MAILRELAY or third-parties. CUSTOMER agrees not to use Without prior written authorization from MAILRELAY or said third-parties, their exploitation for commercial or lucrative purposes is strictly prohibited. In addition, THE CUSTOMER shall respect the intellectual and industrial property rights of the contents that they disseminate through the contracted services, exempting MAILRELAY from any claim that could arise for this reason.
5.2.- For the purposes provided in this clause and in the previous one, MAILRELAY may require The CUSTOMER to accredit or justify any point deemed necessary. In the event that the CUSTOMER does not accredit them, MAILRELAY may immediately remove said content and proceed to the immediate termination of the contract, without this giving the right to any compensation in favor of the CUSTOMER.
5.3.- THE CUSTOMER agrees to respect all national and international copyright and intellectual or industrial property laws both in the contents that may be hosted in the service and in the domain names that may be associated with it. The CUSTOMER assumes full and exclusive responsibility for any violations of intellectual or industrial property of third-parties, public order, or good customs and of any litigation related to the content hosted in the service or to the domain names acquired through MAILRELAY.
5.4.- MAILRELAY reserves the right to promote the legal actions it deems pertinent.
6.- MAILRELAY’S LIABILITY
6.1.- MAILRELAY will provide the CUSTOMER 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 autonomously.
6.2.- MAILRELAY shall not be liable for damages or losses that may be generated to the CUSTOMER in circumstances of force majeure, fortuitous event, due to causes that being foreseeable were not avoidable and, in general, in all those circumstances beyond MAILRELAY’s control.
6.3.- MAILRELAY shall not be liable for any claims that may arise from the quality, reliability, accuracy or correctness of the information, opinions, programs, data, services, or contents of any kind to which THE CUSTOMER may have access through the services contracted with MAILRELAY, or which are sent by THE CUSTOMER.
6.4.- MAILRELAY 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. MAILRELAY 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.- MAILRELAY may 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 have to deactivate the Service, and consequently interrupt the access to it.
6.6.- In the event of a temporary interruption of the service, involuntary, of internal or external origin; or voluntary, due to service improvement, cannot be used as a pretext to request or demand damages. MAILRELAY shall take all necessary measures to restart the service as soon as possible, and exempt the CUSTOMER from paying the hosting for the corresponding period the service didn’t work.
7.- RESPONSIBILITY OF THE CUSTOMER
7.1.- The CUSTOMER will be responsible for any illegal use of the service or for sending unwanted or unauthorized advertising (SPAM) that harms the reputation of MAILRELAY and the operation of its services, such as the inclusion of any IP address or domain on a blocklist or international blacklist (including URIBL, SURBL, SORBS, SPAMCOP, SPAMHAUS or other blacklists), as well as a blacklist or blocklist managed by any Internet Service Provider (including ISPs such as Google, Microsoft, Yahoo!, AOL, Godaddy, Register, Aruba, Fastweb and Alice), the CUSTOMER will be held solely responsible for this material breach. Therefore, MAILRELAY will be exempted from any liability in this regard. MAILRELAY reserves the right to act in the corresponding forums to obtain compensation for damages derived from this type of conduct, regardless of whether it affected MAILRELAY or third-parties.
7.2.- The CUSTOMER shall include in promotional or commercial messages whose legal basis is consent, an operational link that allows the recipient to access the information on how they can request to unsubscribe and, consequently, no longer receive emails. This unsubscribe link must be clear, recognizable and legible. The cancellation must be automatic, finished in a maximum of two clicks and without asking for a password or email address. The CUSTOMER must process unsubscribe requests during the following three days after the request was sent. MAILRELAY reserves the right to verify that the CUSTOMER is meeting the deadline to cancel the contact’s signature on email lists uploaded to databases available on the MAILRELAY Platform.
7.3.- Automatic deletion. In order to guarantee the quality of all sent messages and offer the Customer all the tools that may be useful to prevent users from sending spam and unsolicited messages, the CUSTOMER authorizes MAILRELAY to automatically exclude from the mailing lists registered on the MAILRELAY Platform i) non-existent or incorrect email addresses, and ii) recipients who have declared that they do not wish to receive messages from the Customer and other recipients who consider that contacts for commercial purposes do not meet spam prevention criteria and may harm their corporate image. To this end, the best practices recognized by the operators of the sector will be applied.
7.4.- Information that must be provided to recipients and users. The Customer is solely responsible for communicating to recipients and users that I) they may use third-party services and tools, such as the MAILRELAY Platform, to send communications and create landing pages, ii) may use statistical tracking systems and cookies to track related information with Customer’s recipients and users or their behavior (for example, the IP address, the date and time the email was read, the number of clicks on links an email received or landing pages, etc.), and iii) information about such tracking will be transferred to the MAILRELAY servers.
8.- ADDITIONAL SERVICES OR SERVICE EXTENSION
8.1.- The CUSTOMER can request additional services different from the ones initially requested as they deem 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.
8.2.- In the event that MAILRELAY had to offer additional work to the services indicated in point 8.1 such as complaint management, blacklisting removal, IP management, custom development, etc., MAILRELAY will charge the client for the services provided. MAILRELAY will charge for this kind of services a rate of 150 EUR / 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.
9.- CHANGES TO THE CONTRACT
9.1.- MAILRELAY reserves the right to modify this contract. In this case, MAILRELAY shall notify the CUSTOMER the scope and content of each of the modifications to be made at least 15 days prior to the date of execution of the contract. In case the CUSTOMER does not accept them, the CUSTOMER will be able to terminate the contract in advance. In any other case the new conditions will be understood as accepted by the CUSTOMER.
10.1.- CUSTOMER shall periodically make a backup copy of the data uploaded to the MAILRELAY servers as well as the databases used in the service. MAILRELAY shall not be liable in any circumstances for changes to or loss of CUSTOMER data due to an act of god, CUSTOMER’S bad management or force majeure. MAILRELAY offers CUSTOMER additional periodic backup services to facilitate data management. These services can be contracted separately.
11.- PERSONAL DATA PROTECTION
11.1.- THE CUSTOMER shall be liable to MAILRELAY and shall hold MAILRELAY harmless from all expenses, costs, damages and losses of any kind incurred as a result of any claim relating to the breach of any legal or regulatory duty, and especially of any claim or administrative sanction of any kind, resulting from the breach by THE CUSTOMER of the obligations assumed in terms of data protection with respect to MAILRELAY or with respect to the owners of the corresponding data.
11.2.- 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 regulations and National Data Protection and LSSI, exempting MAILRELAY 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.
11.3.- For the purposes of the provisions of the Organic Law on Data Protection and other regulations, MAILRELAY informs the Customer, that their personal data will be incorporated into a file created and under the responsibility of MAILRELAY 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.
11.4.- THE CUSTOMER may exercise their rights of access, rectification, cancellation and opposition, by contacting the responsible at the address above.
11.5.- Not to communicate or allow access to the Personal Data to any third-party, with the exception of those employees and collaborators who cannot fulfill their obligations without having access to such data.
12.- ELECTRONIC COMMERCIAL COMMUNICATION
12.1.- THE CUSTOMER shall allow MAILRELAY to send commercial communications and promotional offers that will be governed, in addition to the present Law on information services, by its own regulations and those in force in commercial and advertising matters.
12.2.- Likewise, THE CUSTOMER may at any time notify their wish to stop receiving this information by postal mail to the address indicated in the header.
12.3.- MAILRELAY 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 users personal data. For this purpose, together with each form for the collection of personal data, in the services that the CUSTOMER may request to MAILRELAY, it shall inform the CUSTOMER 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, MAILRELAY 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.
12.4.- MAILRELAY may use the CUSTOMER’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.
13.- COMPETENCE IN CASE OF LITIGATION
13.1.- Both parties and by mutual agreement express their desire to submit to the courts and tribunals of Madrid in case of litigation.
14.- NULLITY AND INEFFECTIVENESS OF CLAUSES
14.1.- If any of the clauses in the Service Contract or Conditions were to be 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.
15.- ADDITIONAL CONDITIONS
15.1.- VAT not included. Payment shall be made in advance upon contracting the service.
15.2.- The maximum duration of the pay-per-use package is 12 months. Once the initial package has been used up, during 30 days, the CUSTOMER may purchase new package of the same or higher cost to extend the use of the service or the contract will be terminated and the account will be deleted from the system.
15.3.- For monthly plans, the contracted package will be billed month by month in advance and the unused messages at the end of each month cannot be accumulated.
15.4.- For prepaid packages or credits SMS, THE CUSTOMER may purchase new packages to this contract without having to sign a new contract.
15.5.- The maximum size of each email will be 100 KB. If an email exceeds this size, an additional email will be billed for each 100 KB.
15.6.- Additional emails sent over the limit will be billed at 0.01 € each. If the CUSTOMER requests the system to stop sending messages once the limit is reached, MAILRELAY will add technical settings to prevent the customer from being charged for additional credits.
15.7.- The free contract may be cancelled by either party without penalty at any time.
15.8.- For every ten days of delay in the payment or for every incidence in the automatic payment systems due to causes imputable to THE CUSTOMER, MAILRELAY shall charge an additional fee of 5% of the monthly fee as management expenses. MAILRELAY reserves the right to temporarily suspend the service provided in case of any incidence experienced in the billing process or for lack of payment until the problem is solved.
16.- REFUND POLICY
16.1.- There is no refund policy for online payments.
17.- ADDITIONAL INFORMATION
17.1.- 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 MAILRELAYin 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. Likewise, we inform you that you may exercise your rights of access, rectification, cancellation, and opposition 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 CUSTOMER will be valid for all notification purposes regarding this contract.
In order to clarify the operation of the service, we are going to define some of the assumptions considered as abuses by MAILRELAY and that are reason for cancellation of the service indefinitely.
- A CUSTOMER can only have one free account, even if they have several domains.
- If a CUSTOMER changes to a paid plan, they will not be able to have a free account in addition to the paid one.
- An account 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, websites not published or without real and visible contact information and other requirements.
- Free accounts cannot send campaigns on behalf of other domains and two free accounts cannot send the same newsletter. If several domains send the same newsletter, that will be considered as an abuse and all accounts will be deleted.
- When the number of SPAM reports is high and that causes the sending IP to be blocked.
- When the number of bounces exceeds 25%.
- 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.