This document presents Terms & Condition between user and EZReachout.com hereinafter referred as EZReachOut.com or EZReachOut and the customer of the service referred as customer, user or as member. By registering and using the tool the Users agrees to the Terms & Condition mentioned thereafter below.
Bulk eMail marketing & Phone Call management Software (SaaS) is available for users as limited FREE usage as well Paid service based on the service package selected at time of ordering or payment. The User shall use the Service in accordance with the modalities and restrictions applicable to the Service selected by the User. When the Service relates to email credits, unused email credits cannot be carried forward to the following month. The User shall use the Service in compliance with the Anti-Spam Policy and with other policies, instructions or manuals of EZReachOut.com .
By registration and use of the tool, the user agrees and will adhere to the below conditions.
For Free account subscribers or users EZReachOut.com shall mention one line attribution message at bottom of each eMail sent using EZReachOut.com and shall include a link to our website. For Paid account subscribers or users no such attribution or link will be added.
User will be able to add phone call conversation to it’s data base which will work as diary and users can set follow-up reminders and alerts. It is responsibility of the user to manage and share data among authorized team members, EZReachOut.com has no responsibility for any outcome of result directly or indirectly, EZReachOut.com will not have access to such conversation data without written authorization from users or can access during customer support service.
User using EZReachOut tool are required to add Unsubscribe links tag when sending Bulk eMail messages or newsletter. eMail receivers should have the right unsubscribe communication from your email address at any point of time by clicking on unsubscribe links. The user must honor all such request in timely manner.
EZReachOut.com has rights at its own discretion, may immediately suspend the User's access if EZReachOut team believes in its sole discretion that the User has violated any of the restrictions listed above, applicable laws, the Anti-Spam Policy or with other policies, instructions given in our user manual.
The applicable price depends on the type of the Service and is determined at the time of the subscription to the Service. All published prices are subject to change without notice. The price paid by the User will not change until the succeeding renewal period, if the Service is not terminated. The current prices can be found at www.ezreachout.com
The Services must be paid upfront at the beginning of each month.
In case of termination of the account or of the Agreement (for whatsoever reason), or in case of partial use of the number of e-mails credits purchased, payments made to EZReachOut.com are not refundable.
Any invoice Invoices must be paid within 5 days starting from the invoice date unless EZReachOut.com has agreed to a different payment term in writing. In the event of late payment, (i) If the User subscription payment is due passed 5 days payment period available a small late payment interest of 1% per month and EZReachOut.com can immediately suspend its Service.
The Agreement is entered into for successive periods of one, two, three, six or twelve months, depending on the chosen standard or custom plan. Either the User or EZReachOut.com may terminate this Agreement with effect at the expiry of the current contractual period without cause. Termination by a User occurs by cancelling the User account via email from registered email address or via web application.
All content that EZReachOut makes available to the User via the Service, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are the exclusive property of EZReachOut.com or his licensors.
The User is not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by EZReachOut.com or his licensor.
The User is a client of EZReachOut.com , therefore EZReachOut shall process, as a controller, the personal data of the User (contact data) for client administration (delivery of service, billing, direct marketing) ("User Contact Data") pursuant to the performance of the Agreement with the User. Based on his legitimate interest, EZReachOut shall also process metadata regarding the use of the Service ("User Metadata") by the User for research and development and fraud/abuse detection purposes. EZReachOut can transfer User Contact Data and User Metadata to processors. If and to the extent provided for and permitted by applicable laws, the User has the right to (i) access, modify, erase, restrict and port his personal data, and (ii) object against the use of his personal data for direct marketing purposes.
The use of the Service implies the transfer by the User to EZREachOut of personal data (eg. e-mail address) of the User’s customers and/or recipients (“User Customer Data”). The parties agree on the following regarding the processing of this personal data:
Because the EZReachOut platform is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why EZReachOut.com has been forced to create it’s no adult sites policy for its virtual server users.
What does EZReachOut.com consider “Adult Material”? Examples of adult material include, without limitation, the following:
The Services are provided "as is". To the maximum extent permitted by law, EZReachOut disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. EZReachOut does not warrant that the functions contained in EZReachOut will meet any requirements or needs the User may have, or that EZReachOut will operate error free, or in an uninterrupted fashion, or that any defects or errors in EZReachOut will be corrected or that EZReachOut is compatible with any particular platform.
In no event will EZReachOut be liable to the User or eMail receiver or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of or inability to use EZReachOut, or for any claim by any other party, even if EZReachOut has been advised of the possibility of such damages.
The User will indemnify, defend and hold harmless EZReachOut.com against any claim, suit, action, or other proceeding brought against EZReachOut.com based on or arising from a claim that any content or material the User distributed using EZReachOut.com or any use of EZReachOut.com by the User that violates the Terms of Service.
The User's indemnification obligations shall survive the terminination of this agreement.
EZREachOut will in no event be liable for the unauthorized use or misuse of the User's username or password or for any unauthorized access.
To the maximum extent permitted by applicable law, the total aggregate liability of EZREachOut will in any event not exceed the amounts paid by the User to EZREachOut during a 12 months period preceding the first incident that gave rise to the damages. This cap applies regardless of the type of liability involved (contractual, extra-contractual, data protection, and even applies in the event of serious breach).
If EZReachOut.com is unable to fulfill any of its obligations towards the User due to force majeure, his obligations shall be suspended during the force majeure situation.
Events of force majeure are all circumstances external to EZReachOut.com will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies, of telecommunication networks or of communication systems and viruses.
EZReachOut.com reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new Agreement on its Website located at http://www.ezreachout.com . The User is responsible for regularly reviewing these terms and conditions. Continued use of the Services after any modification shall constitute the User's consent to such modification. EZReachOut.com assumes no obligation to notify the User of any modification to the Agreement.
If, irrespective of the reason, a provision in the Agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
An omission or negligence in enforcing a provision of these conditions does not imply a waiver of such provision.
This Agreement shall be exclusively governed by the laws of United States of America, without the choice of law provisions. Any dispute under or relating to the subject matter of this Agreement shall be of the exclusive competence of the courts of Cleveland, OHIO, USA without prejudice to the right for EZREachOut to sue the User in the event of unpaid invoices or IP infringement before the court of the domicile of the User.