TERMS & POLICIES

General terms & conditions

MailPlus d.o.o.

Please read these Terms carefully. By using MailPlus or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

MailPlus is email marketing software offered through the URL (we’ll refer to it as the “Platform”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients who voluntarily applied for receiving commercial email. MailPlus is owned and operated by Spotler Nederland BV, a Dutch limited liability corporation. General Terms & Conditions of Spotler Nederland BV include Terms for usage of the Platform and FENIT Terms, which you can find here.

MailPlus d.o.o., headquartered at Ulica grada Vukovara 284 in Zagreb – Croatia, operates as a licensed partner of Spotler Nederland BV and delivers services (“the Service”) including the Platform in the countries Croatia, Slovenia, Bosnia & Herzegovina, Serbia, Macedonia and Hungary to its Customers. MailPlus d.o.o. has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Customer” according to this agreement (or “you”) and have an agreement directly with MailPlus d.o.o.

In addition to the General Terms & Conditions for usage of the Platform and FENIT Terms, which you can find here, the following Articles apply. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Additional terms

1. Closing Your Account

You or MailPlus d.o.o. may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Platform. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

2. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of MailPlus.

3. Account and Password

You’re responsible for keeping your account name and password confidential. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

4. Pricing

Initial setup of your MailPlus account
To enable our Team to conclude the setup on the start date of the licence agreement, all materials and approval for design and layout must be submitted at least 5 working days prior to the start date.

Depending on the product you choose you will be charged a one-time setup fee. The setup of your account will be done by an Email Marketing Expert and includes:

  • Collecting all the required data through initial interview;
  • Setting up the account within MailPlus;
  • Inputting the key information within the account
  • Design, correction and implementation of responsive custom newsletter template;
  • Creating database fields and (supporting Client with) first time upload of email
    marketing database;
  • Setting up the system of automatic messages, different forms etc. – depending on
    product type;
  • Initial training of MailPlus;

Our Team is committed to complete the entire setup process within 15 working days from date of
submitting your order form, however, your cooperation in required to accomplish this.

 

License fee MailPlus account
Customer is responsible for the timely submission of materials to facilitate setup. The licence agreement will come into effect on the start date specified in the order form.

Depending on the product you choose you will be charged a monthly fee. The monthly fee of your account includes:

  • Unrestricted access to the online email marketing solution MailPlus and all corresponding modules, 24 hours per day, 7 days per week.
  • Daily backup of all your databases
  • New updates
  • Data traffic Newsletter for MailPlus users
  • Customer support

The modules that are available to you depend on the product you choose.

Duration of the licence agreement
The licence agreement is effective on the first day of the month that follows the month in which you signed and returned the order form. In case you sign and return the order form in the last week of the month, your license agreement will be effective not the following month, but one month later.

  • Access to account(s): you will be able to access the MailPlus account within 2
    working days after the order form is signed and returned.
  • The agreement will be valid for the period you chose in the order form and will be
    automatically extended each time by that same period.
  • The term of notice is one calendar month.

 

Prepaid Consumption credits MailPlus account
Purchase your prepaid consumption credits as you go. You can purchase any amount of credits
anytime you wish. Prices of credits depend on the volume of credits you wish to purchase at once. Buy your credits monthly or acquire a larger bundle of credits at lower cost for several months or even a year in advance.

5. Payment terms
  • All prices are without VAT.
  • Setup fee shall be paid upon delivery of account
  • License fee shall be paid by the 1st working day of the month for that month
  • Prepaid Consumption credits will be transferred upon receival of payment.
  • MailPlus d.o.o. observes a payment term of 30 days.
  • MailPlus d.o.o. reserves the right to close the MailPlus account if payment is not
    forthcoming within the stated term.
6. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.

7. Changes

We may change our fees at any time by posting a new pricing structure to our Website and sending you a notification by email.

8. Ownership
  • Customer retains ownership of the customer database created under its name. Our Team will never use the database under any circumstances, nor place it at the disposal of third parties.
  • Customer retains ownership of the e-mail template created by our Team in the MailPlus account.
  • Customer retains ownership of all texts, visuals and other content it produces.
  • Customer is expressly prohibited from copying, duplicating or modifying MailPlus software in any way and/or via third parties without prior written consent from Spotler Nederland BV
  • Customer is expressly prohibited from making the MailPlus software available to third parties under any title (including parent companies, sister companies and/or subsidiaries of Customer).
9. Service & Support

Telephone helpdesk
A free telephone helpdesk support service is available to registered MailPlus users. The helpdesk is open weekdays from 8:00 – 17:00 o’clock. The user licence is person-specific. Support will only be provided to individuals who hold a MailPlus user licence and who have undertaken a MailPlus training course from our Team.

Changes to the MailPlus account
If Customer wants to change the MailPlus configuration after delivery and acceptance, our Team will charge a fee that will be determined based on the number of actual incurred hours and the applicable hourly rates. Our Team will always send a proposal for intended changes in advance.

10. Rights of our Team
  • Our Team reserves the right to temporarily suspend the Service if the bounce rate of the first newsletter campaign exceeded 9.9% of the total emails sent.
  • Spotler Nederland BV reserves the right to restrict access to MailPlus if it is established that the Customer is using MailPlus software to send Spam. Any liability on the part of Spotler Nederland BV for any consequential loss or damage sustained as a result of Customer sending Spam is explicitly excluded. Spotler Nederland BVwill be entitled to recoup any loss, damages or costs it may incur or suffer as a result of Customer breaching its contractual obligations.
11. Compliance with Laws

You represent and warrant that your use of MailPlus will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.

The Customer:
1. Has complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of email through MailPlus.
2. Has collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow MailPlus to receive and process data and send communications to that individual on your behalf.
3. Customer is held accountable for ensuring that email addresses delivered to MailPlus d.o.o. had been collected legally and with the consent of respective email address’ owners;
4. States that, if the mailing list to be mailed using the MailPlus Platform was regularly contacted in the last 12 months, they will provide our Team with bounce and unsubscribed email addresses, to be uploaded to the Customer’s MailPlus account prior to the first newsletter send-out.
5. States that, if the mailing list to be mailed using the MailPlus Platform was not contacted in the last 12 months, they will send the newsletter via the MailPlus Platform only to email addresses not older than 12 months. In addition, the Customer will provide our Team with the date when am email address was created or with the newsletter subscription date.
6. Agrees to indemnify and hold our Team harmless from any losses, including attorney fees that result from your breach of any part of these warranties.

All agreements concluded with MailPlus d.o.o. are subject to the General Terms & Conditions of Spotler Nederland BV including the Terms for usage of the Platform and FENIT Terms, which you can find here.

Customer hereby declares that it has received access to all General Terms and Conditions and accepts them.

Last modified: 20 November 2017.

Request your offer and get started today!