This contract is formed between CIRRUSWARE SEND-UP - 20 rue de Betnoms, 33185 Le Haillan - France, registration number 795 375 229 RCS Bordeaux, hereinafter SEND-UP powered by CIRRUSWARE and the CLIENT, to provide an e-mail marketing solution and related marketing services via its website www.send-up.net.
Cirrusware reserves the right to modify this agreement at any time and to communicate the changes by posting the new conditions on the website and / or by sending information to the CLIENT's email.
YOU ARE RESPONSIBLE FOR THE REGULAR CONSULTATION OF THE SITE, IN ORDER TO BE INFORMED IN REAL-TIME OF ALL CHANGES THAT COULD BE MADE ON THE COMMERCIAL OFFERS AND SALE CONDITIONS. CONTINUING OPERATIONS AFTER THE PUBLICATION OF SERVICES AND / OR THE TRANSMISSION OF CHANGES CONSISTS AS AN ACCEPTANCE OF THESE NEW CONDITIONS.
The updated version can be accessed by clicking on the link "General Terms and Conditions" located on the website's homepage.
You can also ask for a written and signed agreement which, in conjunction with "General Terms and Conditions" and policies of this agreement, contains the entire agreement between you and Dual Technology Services. Additional terms of this agreement supersede the written terms of this document.
The SEND-UP service involves creating an online account; you are responsible for the personal information you provide. You agree to immediately notify SEND-UP of any changes done to this information; this information must be complete, correct and up to date. You are entirely responsible for maintaining the confidentiality of your password and access of your account. Also you are responsible for all activities that other users might do with your account.
You agree to immediately notify SEND-UP of any unauthorized use of your account or any other violation of your security. SEND-UP is not liable for any loss of information that can occur following the use of your password or of your account by anyone else, with or without the Client's permission. However, the Client will be responsible for losses incurred by SEND-UP or any other company, caused by the use of your account or password by someone else. The use of an account without the permission of the account holder is prohibited.
SEND-UP archives all sent and received messages. Contact lists are maintained while your account is properly maintained. SEND-UP protects the integrity; confidentiality and administrative security, physical and technical, of a customer's personal information. The Client is aware that SEND-UP may change at any time its practices and limits concerning the archiving of messages and the notification of these changes will be posted on the SEND-UP site. The Client also agrees that this service is provided solely for the benefit of the Client and SEND-UP assumes no liability for the deletion, loss, disclosure or failure to record messages and / or other communications maintained or transmitted via its Services.
The Client or companies specializing in the sale or the rental of files, are holders of the intellectual property rights on the file and retain full, exclusive ownership of the file sent to SEND-UP under the assistance under the Act No. 98-536 of July 1 1998 transposing into the code of intellectual property of the Directive 96/9/EC of the European Parliament and Council of 11 March 1996 concerning the legal protection of databases.
SEND-UP undertakes, in an unlimited way, both during the lease term and at it's term:
The customer agrees to comply with the provisions of Law No. 78-17 of January 6, 1978 as amended by the Act of 6 August 2004 relating to computers, files and freedoms and in particular to allow recipients to exercise their individual right to access, modify, correct or delete their personal information and undertake that the information be corrected, completed, clarified, updated or deleted if inaccurate , incomplete, equivocal, or when recipients wish to prohibit the collection or use, communication or conservation.
In this regard, SEND-UP reserves the right to suspend any email marketing campaigns that do not comply with the Data Protection legislation. The rules of conduct dictated by SEND-UP require the Client to act in compliance with the Data Protection rules prior to the release of any new campaign.
The Client agrees to pay all costs of the SEND-UP service in accordance with the terms of payment for of the service entered and of your country of residence. SEND-UP has the right to change prices or to introduce new tariffs for any access to its services, unless specified otherwise by a written agreement with SEND-UP. All changes will be published by SEND-UP on the company website. If, after publication of these changes, you continue to use the services of SEND-UP and you do not request a termination of your account, you agree to observe the published tariff changes.
Your campaings are paid for shipping and are DEFINITELY NOT REFUNDABLE.
The prices displayed on the site are without any extra charges, they do not include VAT. Additional charges are applied depending on the Client's country of residence and its rules.
It is compulsory for the Client:
The Client's right to use the service is strictly personal and cannot be resold, unless specified in another contract between SEND-UP and the Client. By using the Service the Client agrees to abide by the Anti - Spam policy that applies to your operations. Marketing operations performed through SEND-UP in violation of applicable laws are prohibited; they are considered a material breach of this Agreement. As a client, you agree to abide by SEND-UP's Anti-Spam policy.
The use of SEND-UP is conditioned to the fact that you do not use its services in any unlawful manner or manners prohibited by law or by this contract. It is forbidden to use the services in any manner which could damage, disable, or overburden the infrastructure of SEND-UP or its networks connected to any SEND-UP computer, or impact other users' rights. It is prohibited to attempt to obtain any unauthorized access to any services, other accounts, computer systems or other networks connected to any server or any SEND-UP services through hacking or any other method. It is prohibited to use or register the name SEND-UP or any other trade name of the company without the express prior consent and without affecting the identification procedures used by SEND-UP Services.
The Client warrants that the information submitted to SEND-UP is legitimate and that the transmission of messages or documents does not violate any applicable federal, state or province law, including conduct that constitutes a crime, a violation of the rights of third parties, a challenge to civil liability or otherwise a breach of local, state or national laws. It is prohibited to use the Services to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other law relating to intellectual property without permission of the copyright holder. You agree to comply with all laws, norms or conventions, including the provisions relating to telemarketing, e-mail marketing, anti-spam, anti-phishing, data privacy, international communications, technical, and personal data export.
You are responsible for the content of your transmissions through SEND-UP and you agree that you are the content's author, and that SEND-UP does not rent or sell email lists. SEND-UP functions as a passive medium for you to send and receive information, in your interest.
SEND-UP prohibits the use of its service or its web sites to any person or entity that encourages, promotes, provides, sells products or services related to illegal or fraudulent activities: including illegal drugs, pirated programs, assembly or creation instructions of bombs, grenades or other weapons, materials containing violence on children or that encourages violence, spam, obscenities and similar activities. This is not an exhaustive list, and SEND-UP, in its sole discretion, reserves the right to describe the activity, and can determine whether the use is prohibited, and its decision shall be final and binding for all purposes of this agreement. SEND-UP prohibits the Client's use of the services if it determines that such content or such use violates this agreement. All information deemed illegal or contrary to this agreement that are stored on SEND-UP servers could be removed at any time without notice. SEND-UP reserves the right to remove any images that are contrary to this agreement without prior notice.
All communication campaigns created through the SEND-UP tool can not be used or communicated via another tool that the Send-Up platform unless specifically authorized by CIRRUSWARE.
SEND-UP has the right to disclose at any time any kind of information which would facilitate compliance with all applicable laws, rules, and legal processes and meet the demands made by official bodies to ensure respect thereof. SEND-UP has the right but is not obliged to consider the content of the Client's messages to ensure proper compliance with such a contract and applicable laws in the occurrence of a complaint. SEND-UP also has the right to perform any other action deemed necessary or appropriate, if it considers that the Client or the Client's information may incur any liability for SEND-UP or if it may disrupt services to other customers and to yourself, or can lead direct or indirect (total or partial) loss to SEND-UP's suppliers.
The Client agrees to indemnify and protect SEND-UP of any direct or indirect claims, loss, damages, costs, expenses or fees (including legal fees and expenses) arising from the Client's use of the service, the Client's violation of the conditions of this agreement, trademarks or delivery of the Client's messages and documents through the service.
Sending unsolicited messages is regulated, your email marketing is subject to the legislation of states, regions or provinces in which you operate.
As an example, but without exception whatsoever and no commitment of completeness:
Sending unsolicited messages or any message that is applicable to these laws, which are presented here as an example of references, which is made by SEND-UP services is prohibited and constitutes a material breach of this agreement.
As a customer, you agree to abide by the terms of SEND-UP's Anti-Spam Conduct. Note that if your email is detected to be of poor or questionable quality (e.g., high complaint rates, high bounce rates, spam, or abusive content), SEND-UP might temporarily or permanently reduce your permitted send volume, or take other action as SEND-UP deems appropriate. Your rate of "hard bounce" should not exceed 4% and your rate of complaints should be less than 0.1%
All programs, services, processes, designs, software, technology, trademarks and trade names, inventions including SEND-UP are owned by SEND-UP and/or its licensors and its service providers, except where specified otherwise.
SEND-UP PROVIDES THE SERVICE "AS IT IS" AND SEND-UP MAKES NO WARRANTY: EXPRESS OR IMPLIED, WRITTEN OR ORAL, BASED ON THE STATUS OF LEGAL PROCESS, PRACTICES OF COMMERCE; ANY WARRANTIES REGARDING THE SERVICE, THE DOCUMENTATION OR OTHER SERVICES PROVIDED BY THIS AGREEMENT. MALIIN EXPRESSLY DISCLAIMS THE WARRANTY OF THE AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, DURABILITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. ANY CLAIM OR CONDITION WHICH INCLUDES, BUT IS NOT LIMITED TO THE LITERATURE OF MARKETING OR STATEMENTS OF THE IMPLEMENTATION OF SEND-UP SERVICES WHICH WAS NOT MENTIONED IN THIS PARAGRAPH MAY NOT BE INTERPRETED AS A GUARANTEE.
SEND-UP's responsibilities, its subsidiaries or its partners after injury, breach of contract (including fundamental breach or failure to achieve the fundamental purpose), distortion of facts, on a single case or a series of cases, may not exceed the amount paid by the Client for the services to SEND-UP that caused a complaint. SEND-UP is not liable for any punitive, indirect, incidental or special damage suffered by the Customer or any third party, including loss of anticipated revenue, loss of revenue and profits, loss of data or other economic or commercial loss.
The Client can stop the subscription at any time by sending an email to email@example.com.
If you have a written agreement signed with SEND-UP, the termination clause of the agreement is written.
SEND-UP has the right to unilaterally suspend or terminate the services that SEND-UP considers are used for purposes contrary to the law or these terms. SEND-UP has no responsibility to notify any third party, including any provider of third party services, merchandise or information of any suspension, restriction or cancellation of your account. SEND-UP has no obligation to maintain any messages or other content in your account and to forward any unread or unsent messages.
Any termination of your account does not relieve you of your debts or any liability arising under this agreement prior to the effective termination. You agree that these "General Terms and Conditions" will be regulated and interpreted under the laws of Bordeaux - France, and that through this agreement you are subject to the jurisdiction of the corresponding state, and you agree that any disputes will be tried by the Tribunal of Paris - France.
If SEND-UP determines wether the services in question are used in association with spam, SEND-UP will suspend or cancel any campaign or other applicable services with immediate effect.
SEND-UP may require the re-activating and non-refundable payment cost of EUR 500 to reactivate the account / campaign e-mail and / or services.
SEND-UP encourages all our customers and recipients of e-mails generated by our products and services to notify us of any spam sent from our servers.
These alerts can be sent by email: firstname.lastname@example.org.