Terms & Conditions
Last updated: 30 Apr 2024
1. Commencement of Agreement
This Agreement begins when the Services are first used. The Company reserves the right to change the Services at any time, with changes being published on our website.
2. Customers
The Merchant's customers automatically become customers of the Company when using our Services.
3. Account Cancellation
Merchant accounts may be cancelled for various reasons as outlined in this Agreement. The Merchant can cancel with written notice. Payments will be held for 6 months after termination.
4. Taxes
Each party is responsible for reporting their own taxes. The Merchant is responsible for any potential excise or sales taxes related to the use of our Services.
5. Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates an employment or partnership relationship.
6. Confidentiality and Non-Disclosure
Software and related materials are confidential. No disclosure or reverse engineering is permitted without prior written consent.
7. Warranties
The Merchant must comply with all applicable international laws and follow email marketing standards and best practices.
8. Limitations of Liability
The Company shall not be liable for service disruptions. Damages recoverable under this Agreement are limited as specified herein.
9. Indemnification
The Merchant is responsible for data content and must protect the Company from any claims or liabilities arising from the Merchant's use of the Services.
10. Disclaimer of Warranties
Services are provided “as is” without any implied warranties. The Company makes no representations regarding the accuracy, reliability, or completeness of the Services.
11. Assignment
This Agreement may not be assigned by the Merchant without prior written consent from the Company.
12. Force Majeure
Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control.
13. Term & Termination
This Agreement shall remain in effect until terminated by either party in accordance with the terms specified herein.
14. Amendments
The Company reserves the right to amend these Terms & Conditions at any time. Changes will be posted on our website.
15. Notices
All notices under this Agreement must be in writing and delivered to the addresses specified by each party.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
17. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18. Interpretation
This Agreement shall be governed by and construed in accordance with applicable laws. Any disputes shall be resolved in accordance with the dispute resolution procedures outlined herein.