GraphicMail™ (the "Services"), a product of Quattro Internet Solutions Ltd. (Company Reg. No. 89232)(referred to as"Quattro"), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. GraphicMail cannot be used for does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By creating a trial account or subscribing to a payment plan you agree to be bound by these terms and conditions.
The GraphicMail service and support offering
All Services provided by GraphicMail are subject, without limitation, to GraphicMail’s Privacy Policy and GraphicMail’s Anti-Spam Policy. Graphicmail Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.graphicmail.co.uk website.
The Services are subject to monthly or annual subscription fees. When the free trial period has been completed GraphicMail reserves the right to suspend your account unless you sign-up for a monthly or annual subscription.
Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month, but extra send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.
Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.
Payment of your GraphicMail subscription can be made by Visa or Master Card credit cards using Secure Trading or WorldPay's processing system. If you take a monthly subscription, you are authorizing Graphicmail Ltd. to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If Graphicmail Ltd. is for any reason unable to deduct the monthly payment from your credit card, you will be notified via email and your GraphicMail account will be suspended until payment is received.
Refund Policy - Given at least 5 working days notice in writing, Graphicmail Ltd. may at their discretion make a full or partial refund of unused Credits for the remaining period to the GraphicMail Subscription.
Restrictions and Responsibilities
Graphcimail Ltd. reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.
You will not contest the validity of Quattro Internet Solutions with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.
You acknowledge that Quattro Internet Solutions owns all rights, titles and interests in and to GraphicMail including any and all proprietary rights.
GraphicMail may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Graphicmail Ltd. against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of GraphicMail.
Graphicmail Ltd. reserves the right to monitor the newsletters created by you and your use of GraphicMail. Graphicmail Ltd. also reserves the right to remove any content or immediately suspend use of GraphicMail, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against GraphicMail by offended recipients.
GraphicMail will automatically append an "unsubscribe" link to all outgoing email, which will allow visitors to remove themselves from your mailing list. Quattro Internet Solutions may immediately suspend your GraphicMail account if you make any attempt to remove or disable this link.
GraphicMail will automatically append a "Powered by GraphicMail" footer and link to GraphicMail on all outgoing email. Graphicmail Ltd. may immediately suspend your GraphicMail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Graphicmail Ltd. about the removal of the footer and link.
Graphicmail Ltd. will not share information you may upload (such as email addresses, names, contact information, or images) to GraphicMail. Your customer information will not be shared with any other parties, unless required by law. Graphicmail Ltd. will not use your customer information for the purpose of sending unsolicited commercial email. Graphicmail Ltd. may use this information and any technical information about your use of the Services to facilitate your use of GraphicMail, or in communications with you.
You will comply with the GraphicMail Privacy Policy and the Anti-Spam Policy, which may be modified by Graphicmail Ltd. from time to time.
Termination
This Agreement will have a term beginning on the payment date of the first monthly or annual subscription. You may terminate this Agreement at any time by following the cancellation instructions available from within the application, or by sending an email to support@graphicmail.co.uk
Graphicmail Ltd. may immediately terminate this Agreement and suspend access to GraphicMail without refund if you are in violation of any of terms outlined in this agreement. Graphicmail Ltd. is not liable for any commercial damage caused as a result of its decision to terminate or suspend your GraphicMail account.
Graphicmail Ltd. reserves the right to delete any account data within 30 days after the date of termination.
Warranty Disclaimer
THE GRAPHICMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND QUATTRO INTERNET SOLUTIONS AND GRAPHICMAIL LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.
Limitation of Liability
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.