SenderSpark Terms of Service
1. General provisions
These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to subscribe to the Service you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and SenderSpark. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service.
Under the Service we provide you with:
An access to a web-based platform with tools for building, managing and hosting your mailing list,
An ability to send emails to your mailing list hosted at SenderSpark platform,
Additional features (add ons), if ordered and paid separately by you,
You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”). In order to use the Service and manage your email marketing campaigns you must create an individual account in the SenderSpark platform (“Account”). The Account may be accessed only with the use of your login credentials. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.
You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during your subscription period we will align your add-on billing cycle with your Account plan monthly cycle, so that the payment dates of your services subscriptions are in line. The first time payment for the add-on will therefore be calculated in proportion to the number of days left to the end of the monthly cycle in your Account subscription.
3. Technical requirements
You expressly agree that the quality of a file sent, posted or otherwise published using the Service might differ from the uploaded stream, in order to conform and adapt to standards of transferring data, connecting networks or devices.
4. Use of the Service
Upon successful registration you subscribe to the Service and agree to:
Maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
Send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
Conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
Keep the secrecy of login credentials provided to you;
Receive commercial information about the products and services of SenderSpark.
You are obliged to pay in due time all fees for the use of the Service according to the Account plan you have chosen. We offer monthly, annual and two year subscription. The current pricing offer is available at: SenderSpark Pricing.
Access to the Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services (VAT) will be added to the payment price in accordance with currently effective rates.
You may pay fees using a credit card or PayPal. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. We are not responsible for any fees charged by payment services providers.
We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.
We will monitor for the peak number of Subscribers accumulated in all your campaigns in a given month, which means that Subscribers are unique within each campaign, but not within the entire Account.
If you exceed the Subscribers List Size you purchased, the following rules will apply:
You will pay an additional fee for extending a relevant limit; the additional fee is the difference in the monthly price for the limit of Subscribers/ number of visits that you have reached in the billing period and the limit that you have initially purchased under your Account plan;
If you exceed the maximum number of Subscribers offered at SenderSpark Pricing, the additional fee will be calculated as explained in point a) above plus $ 4 for every started 1000 (one thousand) Subscribers over the maximum Subscribers List Size;
If you surpass the Subscribers List Size you have chosen and paid for by three levels or more, our Customer Support Team will contact you for an immediate payment. In such cases your ability to add more Subscribers will be blocked until we receive the List Extension Fee;
All additional payments mentioned above must be paid in the month directly following the month in which the Subscribers List Size was exceeded.
We reserve the right to change the fees for the Service at any time by posting a new pricelist to SenderSpark Pricing. The new pricelist applies to all new Accounts and upgrades.
6. Prohibited practices, content and industries
You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Service and our Anti-Spam Policy or any copyright or other right of a third party. To see what practices we regard as particularly abusive or illegal, please click here.
There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of SenderSpark’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Service to stream, disclose, engage and/or offer to sell, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, please click here.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by SenderSpark. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.
We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content (as defined in clause below), suspend email campaigns, suspend access to the Service or its part, with or without notice, at our sole discretion if we receive any information or have reasonable suspicion that Customer’s activity or the Content violates any provision of the law, our policies, these Terms of Service, third party’s rights or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
All and any information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, in particular on your landing page(s), or that your visitors upload, post or stream on your landing page(s) (“Content”) are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from Multimedia Studio and the collection of predesigned templates. You agree for our presenting your landing page in our marketing materials, in particular case studies.
You are entitled to use materials that we render available to you solely to use the Service for its intended purpose. Please note that our resources (in particular the Multimedia Studio) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
If you post, upload, send, stream or otherwise make available the Content through third parties or which belong to a third party, you are obliged to adhere to such third party’s terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.
You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor violates the law or the third party’s rights.
8. Customer Service
We provide Customer Service via Email, Live Chat or Phone. When requesting customer service or submitting complaint, you should provide at least your account name. We do not reply or take any action based on “anonymous” support requests. . Customer Service contact details are available at SenderSpark.com and within your Account under “Support”. Most customer service enquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
You may cancel your Account at any time. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please follow the instructions provided on this webpage . Please note that if you cancel your Account, your subscription will be terminated with immediate effect. The SenderSpark Platform allows for restoring the Account (along with all data and Subscribers List) 90 days (for paid Accounts) from the date of its cancellation (regardless of the reasons for its cancellation). Restoration of the Account is subject to the payment of the fee for the next subscription period for the Service in the aforementioned term. We reserve the right to refuse to restore the Account without reason (in particular, if we cancelled the Account due to our termination of the agreement or suspension of the Service).
We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service. To see what activities we particularly regard as violating our Terms of Service, please click here.
Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund policy.
We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.
11. Refund policy
Paid Account: When you purchase a Paid Account, the SenderSpark billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (every 360 days if you choose the annual plan or 720 days if two year subscription is chosen) and charges the appropriate amount to your credit card.
Cancellation/Termination: if you cancel your Account or if we terminate the Service for cause as specified in Clause 10., no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
You acknowledge and agree that you are a data controller as regards Subscribers’ data hosted on SenderSpark platform.
13. Copyright and Trademarks
The Service, SenderSpark software, as well as the content included on the SenderSpark.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SenderSpark or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
SenderSpark is a registered trademarks of SenderSpark in the state of Oregon as well as in the United States. The trademarks may not be used in conjunction with other entities’ products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits SenderSpark, its products and/or services.
14. Service accessibility
We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the http://www.SenderSpark.com website, at any time without prior notice.
15. Disclaimer of Warranties. Limitation of Liability
You acknowledge that SenderSpark provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, SenderSpark disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
You are solely responsible for your use of the Service and our websites, particularly for all and any Content and email campaigns which you send through the SenderSpark platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
To the maximum extent permitted by law, SenderSpark, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if SenderSpark has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. SenderSpark’s entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies SenderSpark of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by SenderSpark to the Customer. The Customer hereby releases SenderSpark, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations. By Force Majeure the Parties understand as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.
You agree to indemnify and hold SenderSpark, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or violation of any law, or violation of the rights of any third party. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
16. Final Provisions
The Terms of Service in this version are valid from May 26, 2014.