Terms and conditions for the use of services on www.mysmtp.eu
1. The entering into and areas of utilisation of this agreement
- These terms are used for the utilisation of services (the Services) that are provided by MYSMTP.EU (the Provider) via the website www.mysmtp.eu. Users who utilise the Services are called “the Customer” in the following. These terms and conditions are called “the Agreement” in the following.
- The Agreement regulates any relationship between the Customer and the Provider.
- By clicking “I accept”, the Customer accepts the terms of the Agreement and to use the Services in accordance with the Agreement.
- The Customer must be 18 years old and of legal age.
2. Amendments to the terms of the Agreement
- The Provider reserves the right to continuously amend the terms of the Agreement, including amendment or introduction of charges or payments for the Service. All amendments to the Agreement will be published on the start page (www.mysmtp.eu) as well as give notice with an email to the Customer. New and amended terms for the Agreement will become effective and be applicable to all Services as well as the relationship between the Customer and the Provider 4 weeks following the day on which they are published and the Customer has been notified. Amendments that exclusively improve the Customer´s legal position can however become effective immediately.
- If the Customer does not wish to continue the Agreement under the new or amended terms, The Customer is entitled to terminate the Agreement without notice and terminate the use of the Service, provided notification of this is submitted to the Provider per email to firstname.lastname@example.org before the new or amended terms become effective.
3. The valid period, termination and cancellation of the Agreement.
- The Agreement becomes effective when the Customer has accepted the terms of the Agreement. The Agreement is entered into for an indefinite time.
- The Agreement can be terminated by both parties with four weeks notice. The Customer´s termination of the Agreement must occur by notification per email to email@example.com stating the order number.
- Upon cancellation of the Agreement, the Customer´s right to utilise the Services cease and the Customer´s data and access rights are deleted. Following the cancellation of the Agreement, the Provider is not obligated to forward emails or similar to the Customer or in any other way makes data or other available to the Customer.
- The Provider is entitled to cancel the Agreement with immediate effect, if the Customer significantly fails to comply with the Agreement.
4. The right of cancellation for consumers
- Provided the Customer is a consumer (in accordance with the Danish consumer agreement acts definition of this), the Customer has the right to withdraw from the Agreement within a deadline of 14 days from the entering into the Agreement. The right of cancellation becomes void however, if the Customer uses the Services. The right of cancellation is utilised by giving notification of this per email to firstname.lastname@example.org.
5. Utilisation of the Services
- Following acceptance of the terms of the Agreement, the Customer is entitled to use the Services for all legal purposes. The Customer´s right to utilise the Services is personal and cannot be transferred, lent out or in another way made available to a third party. Access to use the Services does not give the Customer any form of ownership of copyrights, trademarks and other intellectual rights to and regarding the Services and the Customer may only make use of these intellectual rights to the extent that is necessary in order to utilise the Services as presumed in this Agreement.
- In connection with the use of the Services, the customer is at any time obligated to comply with applicable legislation. Thus, the Customer may not when using the Services, (i) infringe the Provider´s or third party´s copyrights or other intellectual rights, (ii) encourage or participate in punishable actions, (iii) spread or publish material of a racial, discriminatory, pornographic or threatening content, (iv) hack or spread viruses or similarly damaging programmes, (v) change or interfere the Provider.s Services, programmes or script, or (vi) in another way act in conflict with applicable legislation or law.
- It is not permitted to use the Services to send spam, mail bombing or any form of spam like mailing according to the SPAM-can ACT.
- The Customer is liable for compensation for any damages that may arise as a result of the Customer´s use of the Services. If the Customer, regardless of the stipulation in point 5.1, makes his access available to a third party to use the Services, the Customer is likewise liable for damages that may arise as a result of this third party´s use of the Services.
- The Customer must immediately notify the Provider of any case of unauthorised use of the Customer´s access rights at the Provider per email to email@example.com.
6. Operation interruptions
- The Customer is personally responsible for the setup of his hardware and other equipment for the utilisation of the Services. The Provider is entitled to change the Services technical specifications with two weeks notice. Technical changes will be notified on the start page (www.mysmtp.eu) as well as with an email to the Customer.
- The Provider aims for the Customer having error-free access to the Services at any time and that operation interruptions will be limited as much as possible. However, the Provider does not guarantee uninterrupted, error-free or continuous access to the Services and the Customer thus accepts that the Services by way of exception can be inaccessible, this being planned or unintentional. The Provider is not liable for damage or loss as a result of insufficient or lack of access to the Services.
- The Customer is personally responsible for creating and storing copies of all data, which might be lost in connection with the utilisation of and/or errors with the Services.
- Payment for the Services occurs via www.mysmtp.eu with International credit cards or PayPal. As soon as payment for the ordered Services is registered in the payment gateway, the Customer receives an email with account information and when the account is then activated, the Services can be utilised.
- A complete list of prices of the Services can be found on www.mysmtp.eu/subscription.
8. The Customers indemnification of the Provider
- To the extent relevant legislation and/or legal practice allows, the Customer must indemnify the Provider and its employees of any liability, which may arise as a result of or in connection with the Customer's utilisation of the Services.
9. The Providers limitations on liability
- The provider is liable for compensation for operation loss, lost profit, loss of data or any other form of indirect loss with the Customer.
- The Provider is not liable for errors, breakdown, necessary operational interferences or disturbances due to conditions that can be attributed to errors, equipment, etc. that is owned or operated by others than the provider, operator and supplier or similar.
- The Providers liability for compensation is in all circumstances limited to an amount corresponding to the total amount the Customer may have paid to the Provider under this Agreement, regardless of the cause or character of the loss.
- The Providers liability according to the Agreement becomes void if the fulfilment of the Agreement is made impossible or is unreasonably burdensome due to circumstances that are outside of the Providers control, such as fire, war, riot, strikes, lock-out, natural disasters, enforcement order or other force majeure circumstances.
10. Security and sensitive data
- The Provider does not store data of any kind regarding the content of emails sent during the utilisation of the Services. Only via the Customers account will there be access to a log file with information about sent emails as well as emails that may not have been received by the addressee.
- The Customer understands and accepts that the Provider, from time to time, will send news emails to the Customers email address created with the Provider with information about changes and optimisation of the Services and/or with offers regarding new or existing Services, etc.
- On the Providers server, live updated virus protection as well as a spam filter are installed.
- All disputes that may originate from this Agreement must be decided according to Danish law at Copenhagen Municipal Court.