Date: May 2014
These are the Service Terms for Promotions Manager. Our Universal Terms of Service apply to these Services.
Certain words used in these Service Terms have special meanings, as set out in clause 7. Any terms used and not defined in these Service Terms have the same meaning as given to them in the Universal Terms of Service.
1.1 If you have purchased a Service with a minimum term (fixed term), your minimum total cost is set out in the Service Description.
1.2 You may upgrade your fixed term Service at any time provided you pay any increased fees that apply to the upgraded Service; your upgraded Service will commence from the beginning of the billing month after you have given notice of the upgrade. If you wish to downgrade a fixed term service, you may only do so if there is more than 6 months remaining in your fixed term, and by providing 6 months' notice.
2.1 A 10MB storage limit applies to the use of the File and Image Manager. Once your file and image storage space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
2.2 You agree that if you elect to receive a monthly invoice rather than use the auto debit billing option you will be charged a monthly account keeping fee of AUD$3.50.
You acknowledge and agree that:
3.1 you are solely responsible for all use of the Service, and any data or Content disseminated or displayed in a communication sent or received as a result of your use of the Service, and that neither us nor our supplier have any connection or responsibility either to you or any third party for any such use of the Service;
3.2 you are solely responsible for implementing your own procedures to satisfy your own requirements for accuracy of data input and output and any Content, and for maintaining a means external to either us or our supplier for the reconstruction of any of your data or Content that may be lost;
3.3 any Content uploaded for public view in the online help application forming part of the Service (where available) is free of copyright and does not breach any law, and that either us or our supplier may edit, redisplay or remove that Content at their sole discretion at any time;
3.4 internet servers and links are susceptible to hacking, crashes and down time;
3.5 You must not disseminate through the Service any data, information, images, and any Content that is:
3.6 We and our supplier have an obligation to report any breaches of law, and accordingly, we are under no obligations of confidentiality to you in relation to any illegal acts performed by you that we become aware of (if any) in relation to the Service.
This clause 4 will apply if you are receiving the 30 day free trial service. This clause applies in addition to the other terms and conditions set out in this agreement.
4.1 Only one trial account permitted per email address.
4.2 The total number of emails sent during the trial period cannot exceed 100.
4.3 Each campaign may only be sent to a maximum of 10 recipients at any one time.
4.4 At the conclusion of the trial period, your account will be terminated and you will no longer have access to any data (including any databases, email content, files, images or otherwise) which has been entered into the Service interface.
4.5 The contents of your trial account cannot be migrated over to the 'paying' version of the product should you wish to sign up for the 'paying' version of the Service at the end of the trial period.
4.6 Should you wish to sign up as a 'paying' customer of the Service at any time during or at the conclusion of the trial period, you must contact us to discuss creating an account with us.
5.1 your use of the Service will not infringe the intellectual property or other proprietary rights of us, our supplier, or any third party;
5.2 any Content will not infringe the copyright or other intellectual property rights of another person;
5.3 you will conduct such tests and computer virus scanning as may be necessary to ensure that any Content uploaded by you in utilising the Service or provided to us or our Supplier by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, us or our supplier);
5.4 you will comply with all laws, including any applicable privacy and spam or unsolicited commercial messaging legislation in using the Service, including without limitation, in relation to the sending of bulk email;
6.1 You agree to indemnify us and our supplier from and against any and all loss or damage (including loss of profits) that either we or our supplier suffer arising from:
6.2 We and our supplier may delete all of your Content from their systems without any liability to you whatsoever; and
6.3 Your use of or reliance on any monitoring, analysis, reports (including the Reports), written advice, information or work provided in connection with the Service is your sole responsibility, and that we accept no liability in relation to such use or reliance, or any matter arising from your use or reliance.
Content means data, information, images, and all other content that you upload for use in the Service onto our servers or the servers of our suppliers.
Harmful Code means any viruses, worms, Trojans horses, spyware, malware, backdoor, and other computer programs and software code that harm a computer or a computer program, or operate in some other harmful or destructive way to hardware, software, data, or communication systems.