StampReady Terms and Conditions 1.0

Terms and Conditions

Please read these General Terms and Conditions (“Terms”) carefully before accessing or using the Website, www.stampready.net (“Website”) and/or the services.

1. Definitions

1.1

“Us” or “We” or “Our” or “StampReady” this means StampReady registered with the Chamber of Commerce in the Netherlands with registration number: 61187496;

1.2

“You” or “Customer(s)” or “Member(s)” means the person or entity that iss registered with us to use the services;

1.3

“Service(s)” means that we provide an online platform that you may use to create, send, and manage emails;

1.4

“Website” means www.stampready.net.

2. General

By accessing or using the Website and/or the Services you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website and/or the Services and you should immediately cease such use.

StampReady may discontinue or revise these Terms at any time and any or all other aspects of the Services at its sole discretion. Such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified Terms on the Website or via e-mail. Your use of the Website and/or the Services following such notice shall be deemed your acceptance of such changes. You agree to review the Terms periodically to be aware of such modification(s) and your continued access or use of the Website and/or the Services shall be deemed your conclusive acceptance of the modified Terms.

3. Services and support

3.1

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18 (eighteen). If you do not qualify, your use of the Services is expressly prohibited.

3.2

In order to use the Services you must register with StampReady. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address, username and password for your account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. StampReady reserves the right to refuse registration of, or cancel accounts when it deems inappropriate.

3.3

It is understood that StampReady makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. StampReady makes every reasonable attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results StampReady recommends the use of HTML editors that generate HTML that adheres to W3C standards.

3.4 System Requirements

It is understood that in order to use the Services, a modern browser such as Internet Explorer 10, Firefox 20, Safari 5 or Google Chrome 30 is required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.

4. Plans and payment

4.1 Plans

StampReady charges you for monthly plans, which you can find on our Website and may be changed from time to time. This means that you will get a certain amount of credits per month (“Monthly Plan”). If any part of a month is included in the term, then payment is due for the full month. Payments are due before the beginning of every month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. If you go over your sending limit and reach another pricing level, then you will have to pay at the higher level on or before the next pay date. If the term ends before that payment is due, you will still be required to make one payment at the higher level.

4.2 Free Plan

You may only have one free account per user. This means you will get a certain amount of credits which are valid for an indefinite period (“Free Plan”). It is not allowed to have multiple Free Plans per division, subsidiaries and/or affiliates (including franchisers). It is possible to change your Free Plan into a monthly plan by credit card.

4.3 Credits

It is also possible to buy credits to use our Services, as you can find on the pricing page of our Website, instead of signing up for a plan. This means that you will pay a fixed amount linked to an amount of credits to be used whenever you choose to use the Service (“Credit(s)”) If you choose this kind of payment, you will still be considered a member, and these Terms will still apply to you. Credit accounts roll over and do not expire, but if you are inactive for more than 12 months your account may be deleted.

4.4 Credit cards

As long as you are a Member or have an outstanding balance with StampReady, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.

4.5 Payment

Payment of the Plans will occur every month per credit card. The purchase of Credits will be by credit card at the moment of every purchase. You should transfer all payments without any deduction. You are not entitled to sett off nor to suspend any payment, which needs to be made to StampReady.

4.6 Refunds

StampReady will give you a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from us under any other circumstances.

4.7 Changes to pricing page

StampReady may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

5. Duration and termination

5.1 Term

The Term begins when you sign up with StampReady and continues as long as you use the Service(s) (“Term”). Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for StampReady on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

5.2 Terminate your account

You or StampReady may terminate your account at any time and for any reason by giving notice to the other party. StampReady may suspend our service to you at any time, with or without cause. StampReady shall have no liability to you or any third party because of such termination. StampReady will not refund or reimburse you if there is cause, like a violation of these Terms. Once terminated, StampReady may permanently delete your account and all the data associated with it, including your emails from our Website within thirty (30) days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of these Terms, which by their nature should survive the termination, will survive the termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability.

5.3 Account and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify StampReady of any unauthorized use of your accounts. StampReady is not responsible for any losses due to stolen or hacked passwords. StampReady do not have access to your current password, and for security reasons, StampReady may only reset your password.

6. Rights

6.1 Proprietary Rights owned by StampReady

You shall respect our proprietary rights in the Website and the software used to provide StampReady (proprietary rights include patents, trademarks, service marks, and copyrights).

6.2 Proprietary Rights owned by you

You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of the materials you upload to the service. We may use or disclose your materials only as we describe in these Terms.

6.3 Privacy Policy

In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to StampReady. StampReady 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 Services, or to communicate separately with you.

6.4

StampReady will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. In addition, StampReady will not use your customer information for the purpose of sending unsolicited commercial email.

6.5

You will adopt and maintain a policy that complies with all applicable privacy laws. You represent and warrant that all personal information that you provide to us has been collected with the relevant individual’s consent, and that you have informed the individual of the privacy laws and the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Services. You acknowledge that we may store the personal information that you provide to us on servers located in the Netherlands. You warrant that you have obtained the consent of the relevant individuals to the storage, handling and transmission of their personal information to and by StampReady as described.

6.6 Link to third party sites

This Website may contain materials produced by third parties or links to other websites that are not owned or maintained by StampReady. StampReady does not endorse the third party websites, and is not responsible or liable of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that StampReady is entitled to require you to remove any link from another website to the Services which you install without obtaining StampReady’s prior written consent.

6.7 Right to review email Campaigns

StampReady may view, copy, and internally distribute content from your emails and account(s) to create algorithms and programs ("Tools") that help us spot problems within the accounts. We use these Tools to find members who violate these Terms or laws.

7. Rules and Abuse

7.1 General Rules

You promise to follow the rules mentioned below:

  1. You will only send emails/newsletters to existing clients and others who have given their explicit permission. In the case of spamming StampReady holds the right to terminate your account immediately;
  2. You will not use purchased, rented, or third-party lists of email addresses;
  3. You cannot mail to distribution lists, newsgroups, or spam email addresses;
  4. You are responsible for monitoring, correcting, processing unsubscribe requests within five (5) days, and updating the email addresses to which messages are sent through your StampReady account;
  5. Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. StampReady, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under these Terms.
  6. Your website and/or newsletters will not contain racist statements, illegal software, pornographic content and/or there is no place for illegal activities;
  7. Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service;
  8. Directly or indirectly: decipher, decompile, disassemble, or reverse engineer any of the software on our Website, 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”);
  9. Remove any proprietary notices or labels from the Services or any Software;
  10. Reproduce or copy the Software or the Services or any part thereof;
  11. 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. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
  12. Use any of the Software on our Website, or downloaded from the Website, to create a competing product;
  13. Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind;
  14. Send email through StampReady that will be delivered to recipients as text, SMS, or MMS messages;
  15. Use an outside unsubscribe process;
  16. Send content created in StampReady through another service;
  17. Host images on our servers for any purpose other than for use in your email campaigns;
  18. You will not violate our Terms;
  19. If you violate any of these rules, then StampReady, at its own discretion, may immediately and without any notice suspend or terminate your account without refund if StampReady believes, in its sole discretion, that you have violated any of these rules and/or the Terms.


7.2

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Dutch 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. Therefor StampReady cannot be used for the following products and services:

  1. illegal goods and services;
  2. erotic and/or pornographic services;
  3. escort and dating services;
  4. pharmaceuticals;
  5. services related to gambling;
  6. multilevel marketing;
  7. affiliate marketing;
  8. lead generation;
  9. trade and/or advice in stocks;
  10. mortgages and loans;
  11. supplements.


7.3 Property and ownership

You acknowledge and agree that the Services, the Software, the StampReady company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of StampReady or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by StampReady or by other parties that have licensed their material to StampReady. 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 StampReady. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in StampReady or its third party suppliers, as the case may be.

7.4 Bandwidth abuse/throttling

You may only use our bandwidth for your StampReady emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). We may throttle your sending or connection through our API at our discretion.

7.5 Compliance with Laws

You represent and warrant that your use of StampReady will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you are subject to regulations and you use our service, then we will not be liable if our service does not meet those requirements. If you are located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your email distribution list, sending emails via StampReady, and collecting information as a result of sending emails, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of StampReady. You will get express consent to transfer data to StampReady as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of email through StampReady.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow StampReady to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.


7.6 Reporting abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam and you think this came from a StampReady user, we want to hear about it. Please report it to us. If you think anyone has posted material that violates any copyrights, then you may notify us via the contact.

7.7

All rights not expressly granted are reserved.

8. Use of the Services

You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, StampReady’s computer systems or the computer systems of other users of the Services. Hacking means unauthorized access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

9. Website and Services availability

From time to time down-time, either scheduled or unscheduled, may occur. StampReady will work within reason to ensure this amount of down-time is limited. StampReady will not be held liable for the consequences of any down-time. StampReady cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release StampReady entirely of all responsibility for any consequences of its use.

10. Liability

10.1 Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall StampReady 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 “StampReady”) be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, exemplary, punitive, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of date, or failure to realize anticipated savings or benefits or business opportunities), or for any claim by any other party. StampReady’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if StampReady has been notified of the possibility of such loss or damage. You agree that StampReady’s total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

10.2 No Warranties

Use of the Service and any reliance by you upon the Service, including any action taken by you because of such use or reliance, is at your sole risk. To the maximum extent permitted by law, we do not warrant that the Service will be uninterrupted, accurate or error free; nor does it make any warranty as to the results that may be obtained from use of the services.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either 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 nonperformance of the Service shall be for StampReady to use commercially reasonable efforts to adjust or repair the Service, or where such adjustment or repair is not feasible, for StampReady to either (at its discretion) perform the Service again or provide you with a refund for the amount you actually paid to StampReady for the relevant Services.


10.3 Indemnity

You agree to indemnify and hold StampReady harmless from 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 Service. You acknowledge that you are responsible for the content of any emails or messages sent using the Service. Although StampReady has no obligation to monitor the content provided by you or your use of the Service, StampReady may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. You also agree to indemnify and hold StampReady harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

10.4 Attorney Fees

In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorneys’ fees.

10.5 Force Majeure

We will not be held liable for any delays or failure in performance of any part of the service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

10.6 Equitable relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

10.7 Summons fees

If we have to provide information in response to a summons related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

10.8 Disclaimers

StampReady and its team are not responsible for the behavior of any advertisers, linked websites, or other Members.

11. Miscellaneous

11.1 Severability

If any provision of these Terms shall be held to be invalid or unenforceable for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall continue to be valid and enforceable.

11.2 Entire agreement

These Terms and any additional terms contain the entire agreement you have agreed upon with respect to the subject matters hereof and supersedes and cancels all prior understandings, agreements and discussions between them, written or oral, on such matters and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. 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.

11.3 Amendments and Waiver

Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

11.4

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

11.5 Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute shall be exclusively settled by the relevant court in Amsterdam, the Netherlands.

11.6 Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

11.7 Further actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

11.8 Notification of Security Breach

In the event of a security breach that may affect you or anyone on your email distribution lists, we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your lists, you will promptly do so.

11.9 Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, StampReady, Postbus 353 (1800 AJ) Alkmaar, the Netherlands, or any addresses as we may later post on the Website.