1. Services and Support

1.1 All Services provided by RapidMail are subject without limitation to this Agreement. The services are also subject to RapidMail’s Privacy Policy and RapidMail’s Anti-Spam Policy. RapidMail may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. You will be notified of the updated versions of this Agreement on the Services in writing.

1.2 The Services are available only to persons who can form legally binding contracts.

1.3 You must request and complete a registration form in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. RapidMail reserves the right to refuse registration of, or cancel agreement if it deems inappropriate.

2. Fees

2.1 The Services will be subject to monthly or annual subscription fees.

2.2 Monthly or annual subscriptions are billed monthly or annually, in advance, according to the Fee Schedule selected by you at sign up. Monthly and annual send credits expire at the end of each month or year, but extra send credits do not. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.

2.3 Payment of your subscription can be made by Cheque, electronic transfer or by monthly debit order.

2.4 Refunds - Refunds are given at the discretion of the company management. Given at least 5 working days notice in writing, RapidMail may offer at their discretion to make a full or partial refund of unused Credits for the remaining period to the Emailer Subscription.

2.5 Penalties - If RapidMail receives an abuse complaint from one of our upstream providers or a Realtime Block Lists that you have used our services for sending Unsolicited Bulk Email, the sender will receive a copy of the complaint along with a request to provide opt-in proof of the recipient who claims to have received the unsolicited email. If the sender is unable to provide acceptable proof they will be fined R 500.00 per offense and the senders Emailer account will be suspended until the fine is paid. The sender can cancel their account at this point, but RapidMail is not obliged to make a refund to the client for any unused send credits. The senders account will remain in affect until the sender cancels their account.

If RapidMail deems that the sender has received too many violations THEN RapidMail reserves the right to cancel their account at any time without any recourse to refund on the client’s behalf.

3. Restrictions and Responsibilities

3.1 This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

3.2 If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

3.3 You acknowledge and agree that RapidMail company names and logos and all related product and service names, design marks and slogans, are the property of RapidMail or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of RapidMail. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.

3.4 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless RapidMail against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Emailer Service. Although RapidMail has no obligation to monitor the content provided by you or your use of the Services, RapidMail may do so and may remove any such content or prohibit any use of the Emailer Service it believes may be (or is alleged to be) in violation of the foregoing.

3.5 Every email message sent via the Emailer Service must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. RapidMail may immediately disable your access to the Emailer Service if you violate this restriction.

3.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates European Community, United States or South African federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

3.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by RapidMail™" or a similar message. You agree to cooperate with and provide reasonable assistance to RapidMail in promoting and advertising RapidMail.

3.8 RapidMail will not share information you may upload (such as email addresses, name, contact information, or other registration information). RapidMail may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchisee of RapidMail, RapidMail may share your information with the Reseller or Franchisee.

3.9 RapidMail will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. RapidMail will not use your customer information for the purpose of sending unsolicited commercial e-mail.

3.10 You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by RapidMail from time to time.

4. Termination

4.1 You may terminate this Agreement at any time by sending an email message to service@rapidmail.co.za or by sending written notice to RapidMail at PO Box 557, Green Point, South Africa, 8051.

4.2 RapidMail may immediately terminate this Agreement and suspend access to the Emailer Service without refund if you are in violation of any of terms outlined in Section 2: Restrictions and Responsibilities.

4.3 RapidMail will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement, which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.


5. Warranty Disclaimer Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. RAPIDMAIL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND RAPIDMAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for RapidMail to use commercially reasonable efforts to adjust or repair the Services.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RAPIDMAIL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "RAPIDMAIL") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF QUATTRO WEB SOLUTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, RAPIDMAIL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF RAPIDMAIL TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

7. Miscellaneous

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remainiung in full force and effect.

7.2 This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Any waivers and modifications must be in a writing an signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind RapidMail in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7.5 The Agreement shall be governed by the laws of South Africa without regard to its choice or law or conflict of laws provisions.