Terms of Service License Agreement

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE ("STREAMCONTACT"). BY SELECTING THE "CREATE ACCOUNT" BUTTON AND BY USING STREAMCONTACT, YOU ACKNOWLEGE THAT YOU HAVE READ THIS TERMS OF SERVICE LICENSE AGREEMENT ("AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE Terms of Service Agreement OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT SETTING UP AN ACCOUNT.

Introduction

StreamContact (also, "we" or "us") provides a comprehensive email marketing solution. Our Services may change from time to time, or we may stop (permanently or temporarily) providing our Services (or any features therein) to you or to users generally. We reserve the right to create limits on access and use of the Services in our sole discretion. You must read this Agreement and agree to its terms before you may create an account for and use StreamContact.

StreamContact reserves the right to change this License Agreement, and any Additional Terms at anytime, effective upon making the modified provisions available on the StreamContact (www.streamcontact.com) web site. You are responsible for regularly reviewing these Terms of Service Agreement. Continued use of StreamContact after any such changes shall constitute your consent to such changes, including changes in fees. StreamContact does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

Your StreamContact account

In order to use our Services you will need to register and create an account. By creating an account, you represent that (i) the information you provide is truthful and accurate; (ii) you are of legal age to agree to the terms of this Agreement; and (iii) your use of our Services does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of our Services. You must immediately notify StreamContact of any unauthorised uses of your account or any other breaches of security. StreamContact will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. By creating an account, you agree that StreamContact may send you periodic product updates and other communications, which are considered part of the Services and your account, which you may not be able to opt-out from receiving.

Free Plan

When you apply for a free plan, our decision will be based on the details you provide. The review process usually takes up to 24 hours, but sometimes can extend to 48 hours. Information you supply to us during sign up, for example your company name, website address, details about your business and so on, are all taken into consideration. We do not refuse free account simply because of the place or area that your organisation is based in either. We reserve the right to refuse service to anyone for any reason at any time.  We'll let you know by email whether your request for a free plan has been approved or declined.

There are a few reasons why your free plan order might be delayed or denied:

You plan to use purchased lists or do not have opt-in consent.
You signed up using a free or generic email address (we only respond to enquiries using business email addresses).
Your website is a parked domain or does not exist.
If you are not acting for the company that employs you.

You must use your Free Plan account to keep it active. This means you must sign in and schedule a campaign broadcast at least once a month to keep your free plan account, and associated services, active, unless provided otherwise in an offer for a paid portion of the services. If you don’t sign in during this time, we will assume your account is inactive and may suspend or permanently close it.

License and fees

StreamContact grants you a non-exclusive, nontransferable license to create an account for and use StreamContact for your organization in accordance with the terms of this Agreement. The information provided on this web site regarding Features and Pricing (shown in UK Sterling, U.S. Dollars, Euro), Privacy Policy, and Anti-Spam Policy is incorporated herein by reference.

You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. All sums referred to in this Agreement are exclusive of VAT. StreamContact reserves the right to change prices or institute new charges for access to or use of StreamContact unless you have a signed Written Agreement with StreamContact. All changes will be posted by StreamContact on the StreamContact Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your StreamContact account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Charges are to be paid on either monthly or annual basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by StreamContact. The initial term of the subscription for the Service shall begin on the date that the Customer's account has been upgraded from a trial/free account to a subscription account (the "Start Date") and will continue for the 12 month period that the Customer selects, thereafter the subscription shall automatically renew for successive 1 month periods (that begin on each successive anniversary of the Start Date following the initial term) at StreamContact's then prevailing subscription fee rates. If either party does not want the term to automatically renew, it must notify the other party in writing of such election to terminate no later than thirty (30) days prior to the end of the then current term. After twelve (12) months, all unused email credits will automatically expire, and Customer shall not be entitled to a refund of unused credits nor shall Customer have the right to an extension of time in order to use such unused credits.

All invoices are payable in cleared funds within the term of payment stated on the invoice. Should a term of payment not be defined on the invoice, a period of 14 (days) stands to fulfil payment. Client may not appeal to any form of postponement, settlement or deduction of payment. If any sum payable by the Client to StreamContact is not paid by its due date, StreamConatct shall be entitled to charge interest on the overdue amount at 2% above Barclays Bank plc's base rate from time to time. Interest will accrue on a daily basis from the due date up to the date of actual payment, after as well as before judgment. If the payment method for your StreamContact account is by credit card and payment is not received by StreamContact from the card issuer or its agents, you agree to pay all amounts due upon demand by StreamContact.

If you purchased a "Pay as you Go" plan you will be charged for emails on a per campaign basis. The price list published at www.streamcontact.com determines the charge per email in effect at the time the campaign is delivered. For the purposes of this Agreement, each unique email address will count as one subscriber or contact. "Pay as you Go" plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.

Termination

Customer may terminate this Agreement by sending an email message to support@streamcontact.com

StreamContact may terminate this Agreement or the Services at any time with or without cause, and with or without notice. StreamContact shall have no liability to Customer or any third party because of such termination. Upon termination by either party, no payments from Customer held by StreamContact shall be refunded at the time of termination and Customer shall have no recourse against StreamContact in relation to non-refunded funds, unused email credits or unused responses remaining (or time left) related to survey or email subscriptions.

Upon termination for any or no reason, StreamContact may delete any Customer 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, indemnity, warranty disclaimers and limitations of liability. Additional fees may apply to Customers who choose to terminate their subscription pricing plan and subsequently choose to reactivate their account under a new subscription pricing plan.

At any time after the date of commencement of the Services by Customer, if Customer has neither sent an email campaign under a pay as you go pricing plan (“PAYG Plan”) for more than thirty (30) consecutive days, the account may become inactive. A Customer who is on a subscription pricing plan will be deemed to be inactive when the end of their subscription period has lapsed and no further payments are remitted to StreamContact to continue the Services.

When an account is classified (at StreamContact's sole discretion) as inactive, StreamContact will use reasonable efforts to notify Customer by email.

INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS AND SURVEY RESPONSES, MAY BE PERMANENTLY REMOVED FROM THE StreamContact DATABASE.

Warranty disclaimer

The Services and the Site are provided on an "AS IS," "AS AVAILABLE" and "WHERE-IS" basis with no warranty of any kind. StreamContact and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements or that the Services or Site will be available on an uninterrupted, secure, or error-free basis.

Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (Third Party Content) are those of the respective authors or producers and not ours.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. Through our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

End user content and security

Maintaining your password and the security of your account is your responsibility. We will accept any instructions by any individual who enters your username and password, as long as this person is either the account holder or someone authorised to use the account. We may use email, a phone call or a third-party service to verify this access. Whether you sign up as a user as an individual or organisation, we are not familiar with your organisational structure, nor your personal relationships (if you use our service as a person, not an entity or organisation). You are liable for any activity that happens under your password and username or your authorised users. If you or your authorised users misuse your account, assets or contact lists, we may terminate the account without warning.

As part of this agreement you agree to notify us of any activity on your account that is unauthorised or violates our TOS and security practices. You may authorise other users to make use of your StreamContact account, at our discretion. You agree that you are accountable for any such user and for their compliance under this Agreement.

Miscellaneous

If any provision of these Terms of Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service Agreement will otherwise remain in full force and effect and enforceable.

Both parties agree that these Terms of Service 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 these Terms of Service Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service Agreement, and Customer does not have any authority of any kind to bind StreamContact in any respect whatsoever.

These Terms of Service Agreement shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

We reserve the right to modify our pricing and we will use reasonable efforts to notify you by email when this occurs. Our most current pricing will always be available on our website at www.streamcontact.com.