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.


Service


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 .


Limitation on usage


By registration and use of the tool, the user agrees and will adhere to the below conditions.


  • Process personal data in violation of the General Data Protection Regulation 2016/679 ("GDPR"), of the local e-privacy laws and of any future local or EU laws on data protection or e-privacy, if and to the extent the User is subject to such laws;
  • Sending unsolicited e-mail messages to anyone without their proper consent , including but not limited to sending e-mail messages to addresses from any purchased or harvested eMail list;
  • Sending e-mail messages that may harass, embarrass, defame, abuse, threaten, or otherwise violate the legal rights of any individual, group, or organization;
  • Sending Bulk e-mail messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by EZReachOut;
  • Sending Bulk e-mail that contains copyrighted material, including text, graphics (including trademarked or copyrighted material), software or other material protected by intellectual property law, for which the User does not have authorization to reproduce, publish, or otherwise distribute electronically or physically;
  • Sending e-mail messages that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group, or organization;
  • Perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
  • Impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
  • Violate any applicable governmental laws or regulations or perform any activity that would cause EZReachOut to violate any law, statute or regulation.

Your Mailing List Provider Attribution


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.


Phone Call Conversation Management


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.


Unsubscribe links


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.


Abuse by User


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.


PRICES AND PAYMENT TERMS


Subscription Prices


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


Payment policy


The Services must be paid upfront at the beginning of each month.


Refunds


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.


Late payment


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.


TERM FOR TERMINATION


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.


INTELLECTUAL PROPERTY


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.


PRIVACY


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.


PRIVACY & SECURITY, EZReachOut.com as processor


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:


  • EZREachOut shall solely process User Customer Data as processor on behalf and upon the written instructions of the User in the framework of the performance of the Agreement, except otherwise stated.
  • The User guarantees that it is entitled and authorized to process User Customer Data and to transfer it to EZREachOut under applicable laws, including the General Data Protection Regulation 2016/679 ("GDPR"), the local e-privacy laws and any future local or EU laws on data protection or e-privacy, if and to the extent the User is subject to such laws.
  • The User shall indemnify and hold EZREachOut harmless if EZREachOut is confronted with legal claims from data subjects or third parties regarding the fact that EZREachOut is processing User Customer Data on behalf of the User.
  • EZREachOut undertakes to implement and comply with the appropriate technical and organizational security measures to ensure a level of security appropriate to the risks related accidental or unlawful destruction, loss, alteration, un-authorized disclosure of, or non-authorized access to User Customer Data. When determining the appropriate technical and organizational security measures, EZREachOut shall take into account: (i) the state of the art, (ii) the implementation costs related to these measures, (iii) the nature, scope, context and purposes of processing, (iv) the risks involved for the Data Subjects’ rights and freedoms, in particular in case of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or non-authorized access to User Customer Data transmitted, stored or otherwise processed, and (v) the probability that the processing shall have an impact on the rights and freedoms of data subjects.
  • EZREachOut will, when requested by the User, communicate to the User all the information required concerning the processing of User Customer Data and shall transfer to the User any data subject’s request or question in connection with the (processing of) User Customer Data.
  • EZREachOut shall inform the User prior and in writing of the legal provision following which EZREachOut is obliged to transfer the Personal Data, unless the applicable legislation prohibits this notification for important reasons of public interest.
  • EZREachOut can grant its employees access to the User Customer Data to the extent the employees need such access to the User Customer Data in order to allow a proper performance of EZREachOut obligations under the Agreement. EZREachOut will inform the concerned employees in writing about the User Customer Data’s confidential character along with the legal and contractual framework of the protection of personal data, and shall impose a contractual confidentiality obligation upon the concerned employees.
  • The User hereby gives general authorization to EZREachOut to transfer User Customer Data to sub-processors. EZREachOut will communicate the identity of the sub-processors to the User. In the event EZREachOut grants sub-processors access to the User Customer Data, it undertakes that each sub-processor will be subject to contractual obligations at least equivalent to the ones to which EZREachOut is itself subject vis-à-vis the User under this Agreement.
  • To the extent the User is subject to GDPR and taking into account the nature of processing, EZREachOut shall assist the User by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the User’s obligation to respond to requests for exercising the data subject's rights
  • To the extent the User is subject to GDPR and taking into account the nature of processing and the information available to EZREachOut, the EZREachOut shall assist the User in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR
  • Upon termination of this Agreement, all User Customer Data will be provided to the User, or EZREachOut shall, at the User’s discretion, destroy all Personal Data, unless the storage of the Personal Data is required on the basis of a rule under EU law or Belgian law. If the User does not indicate to receive the User Customer Data upon termination of the Agreement, the User acknowledges and agrees that EZREachOut is held pursuant to GDPR to delete all User Customer Data.
  • Notwithstanding the above, the User hereby authorizes EZREachOut to use User Customer Data in an aggregate and non-identifiable format for research and development and fraud/abuse detection purposes.

ADULT CONTENT


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:


  1. Any site whose revenue is gained in part or whole from its adult content.
  2. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
  3. Hyperlinks to adult sites, including but not limited to sites who violate these policies.
  4. Sites that have discussion boards and share information that is ‘adult’ in nature.
  5. Sites that sell or promote ‘adult’ material, including but not limited to adult toys.

DISCLAIMER OF WARRANTIES


Disclaimer of Warranty


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.


Exclusion of Liability


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.


Indemnification


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.


Unauthorized access


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.


Limitation of liability


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).


FORCE MAJEURE


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.


MODIFICATIONS


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.


GENERAL PROVISIONS


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.


APPLICABLE LAW


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.