Terms and Conditions
1. Introduction
This agreement (“Agreement”) is made between MyMail and DesignHub (“Service Provider”) and the customer (“Client”) for the use of MyMail’s Bulk Mail Service (“Service”).
2. Monthly Mail Credits Plans
2.1. The Service provides the Client with monthly mail credits (“Credits”). The Client may choose to pay for the Credits on a monthly basis or pay for 1 year upfront.
2.2. The Service does not charge any setup fees for the Client.
2.3. The Client may cancel their monthly package at any time, but must give the Service Provider one calendar month’s notice.
2.4. If the Client requires additional Credits for a certain month, they may top up their account.
2.5. The Client may upgrade or downgrade their monthly package as needed.
2.6. Once the Client is on a monthly package, they cannot move to a Pay-as-you-go model.
3. Mailing Lists
3.1. The Client is responsible for ensuring that all mailing lists used in connection with the Service comply with all applicable laws, including but not limited to the CAN-SPAM Act of 2003 and the Protection of Personal Information Act 4 of 2013 (POPIA).
3.2. The Client agrees to indemnify and hold the Service Provider harmless from any claims or damages arising from the use of any mailing lists in connection with the Service.
4. Knowledge Base
4.1. The Service Provider provides a comprehensive Knowledge base with full access to the Client.
5. Service Level Agreement
5.1. Services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
5.2 MyMail expressly disclaims any representation or warranty that the MyMail services will be error-free, secure or uninterrupted. No oral advice or written information given by MyMail, its employees, licensors of the like, will create a warranty; nor may the client rely on any such information or advice. The terms of this section will survive any termination of this Agreement..
5.3 Support is provided for the MyMail System functionality and Templates designed using the template builder found within the MyMail System. Support is not provided for custom built templates using HTML or any other language. Clients requiring support should send supports requests via email.
6. Limitation of Liability
6.1. The Service Provider will not be liable for any damages arising from the use of the Service, including but not limited to indirect, incidental, special, or consequential damages.
7. Confidentiality
7.1. The Service Provider agrees to maintain the confidentiality of the Client’s information and will not disclose any such information to any third party unless required by law.
8. Data Retention
8.1. The Service only saves templates and overview data for 12 months after the last activity. All other data is automatically removed.
8.2. In-depth reporting data is kept for 7 days after campaign send out. Thereafter, only an overview is available.
9. Changes to Agreement
9.1. The Service Provider reserves the right to change the terms of this Agreement at any time. The Client will be notified of any changes to this Agreement.
10. Dispute Resolution
10.1. Any disputes arising from this Agreement will be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
11. Governing Law
11.1. This Agreement will be governed by the laws of the Republic of South Africa.
12. Entire Agreement
12.1. This Agreement constitutes the entire agreement between the Service Provider and the Client and supersedes all prior agreements and understandings, whether written or oral, relating to the use of the Service.
By signing up or using the Service, the Client agrees to be bound by the terms of this Agreement. If the Client does not agree to the terms of this Agreement, they may not use the Service.
