The Services (as defined below) that Mont Digital Ltd trading as Let's Get Sending, Registered office located at Chiltern House Business Centre, 64 High Street, Burnham, Buckinghamshire, SL1 7JT, United Kingdom and the company number is 11086348. ("Let's Get Sending") provides to you are subject to the following terms of use ("Agreement"). Let's Get Sending may automatically amend this Agreement at any time by (a) posting a revised Agreement on the Let's Get Sending Websites, and/or (b) sending information regarding the amendment to the email address you provide to Let's Get Sending.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE LET'S GET SENDING WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Let's Get Sending.
The most current version of the Agreement can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages.
You may also have a signed written agreement which is expressly incorporated herein ("Written Agreement"), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between Let's Get Sending and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.
Through its network of Web properties, Let's Get Sending provides you with access to a variety of email and email marketing, and messaging services (Services). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this Agreement.
Your right to use the Services is personal to you and you agree not to resell the use of the Services.
Let's Get Sending processes personal data in accordance with our Privacy Policy which is available here (https://www.intersender/privacy-policy.html), which we may update from time to time. You are encouraged to regularly review our Privacy Policy.
If you are a Customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the "GDPR"), Let's Get Sending is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.
You retain control over the content of the information you submit through our Services, and as such the types of personal data that are subject to processing cannot be categorized by Let's Get Sending in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer's, or its customer's own clients, customers, suppliers, employees, other personnel and/or other data subjects.
Customer may notify Let's Get Sending of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.
As processor, Let's Get Sending shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:
1. Process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these.
If at any point, Let's Get Sending becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Let's Get Sending shall promptly:
– Notify you of such inability, to the extent permitted by applicable law; and
– Cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Let's Get Sending is able to comply.
2. Ensure personal data are kept confidential;
– Take reasonable steps to ensure the reliability and trustworthiness of Let's Get Sending's personnel and any sub processors, and
– Take reasonable steps to ensure that all relevant Let's Get Sending personnel, and any relevant sub processors, have committed themselves to ensuring the confidentiality of all personal data that they process;
3. Ensure that, in each instance in which Let's Get Sending engages a sub processor, it shall notify you and:
– Allow you a reasonable opportunity to object to the appointment of that sub processor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed sub processor); and
– Enter into a binding written agreement with the sub processor that imposes on the sub processor the same obligations that apply to Let's Get Sending under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorize Let's Get Sending to engage sub-processors in relation to the Services.
4. At your request and sole expense, promptly provide you with all reasonable technical and organizational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
5. At your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to:
Notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals;
– Conduct data protection impact assessments, where required; and
– Obtain any necessary authorizations from any relevant regulatory authorities;
6. Delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in Let's Get Sending's possession within 180 days after the termination or expiry of this Agreement, other than data in relation to which Let's Get Sending is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;
7. At your request and sole expense:
– Promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Let's Get Sending is able to provide such information; and
– Allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to Let's Get Sending and subject to reasonable confidentiality procedures.
Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Let's Get Sending more than once annually; and
8. Notify you without undue delay in the event of:
– Becoming aware of any personal data breach; or
– Receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data;
9. Apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.1.
While your account is active, Let's Get Sending will store messages sent and received through your Let's Get Sending account, for a period of up to one year, in each case measured from the date of receipt of such message.
Contact lists are maintained while the account is in good standing. Let's Get Sending shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession.
Customer acknowledges that Let's Get Sending may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on the Let's Get Sending Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Let's Get Sending and its parent(s), partner(s), subsidiary(ies), and affiliate(s) ("Affiliates") have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
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. Except as otherwise provided in your Written Agreement, Let's Get Sending reserves the right to change prices or institute new charges for access to or use of Let's Get Sending Services unless you have a signed Written Agreement with Let's Get Sending. All changes will be posted by Let's Get Sending on the Let's Get Sending 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 Let's Get Sending account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Let's Get Sending) in accordance with the usage rates applicable to each of the Services you use.
Your payment plan may include a monthly allowance of free emails, or contacts. In the event that you have exceeded your rate plan's allotted allowance you will be automatically charged usage fees for such each email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.
Payment of your Let's Get Sending account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Let's Get Sending use and transactions. If your Let's Get Sending account is a qualified business account and is approved by Let's Get Sending for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Let's Get Sending verification procedures, as may be established by Let's Get Sending from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Let's Get Sending reasonably could act on your notice.
Charges are to be paid on a monthly 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 Let's Get Sending. If the payment method for your Let's Get Sending account is by credit card and payment is not received by Let's Get Sending from the card issuer or its agents, you agree to pay all amounts due upon demand by Let's Get Sending. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Let's Get Sending is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Let's Get Sending, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Let's Get Sending may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Let's Get Sending may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree that Let's Get Sending may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with Let's Get Sending 'verification procedures, as may be established by Let's Get Sending from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Let's Get Sending reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Let's Get Sending 'Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Let's Get Sending in accordance with this Agreement.
All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law and only as applicable.
Should Let's Get Sending deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to Let's Get Sending 'ability to provide services to you or to other customers, Let's Get Sending reserves the right in its sole discretion to move you to a Volume Subscription Plan.
Repeated uploading and removing of unique email addresses in an attempt to circumvent Let's Get Sending 'Fee Schedule and billing procedures is prohibited.
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.intersender.com determines the charge per email in effect at the time the campaign is delivered. "Pay as you Go" plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.
If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Let's Get Sending promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.
You agree to notify Let's Get Sending immediately of any unauthorized use of your account or any other breach of security. Let's Get Sending will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Let's Get Sending or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation or company, you warrant that you have the authority to bind the corporation / company. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must:
1. Obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services;
2. Maintain the security of your password, PIN number and other confidential information relating to your account and;
3. Be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Let's Get Sending of such use and taking steps to prevent its further occurrence.
Images hosted by Let's Get Sending on Let's Get Sending controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Let's Get Sending, Let's Get Sending hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Let's Get Sending server, or the network(s) connected to any Let's Get Sending server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Let's Get Sending server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Let's Get Sending or any other trade name or trade mark of Let's Get Sending without express, prior permission, and you will not obstruct the identification procedures used by Let's Get Sending in the Services.
You represent that the information submitted for transmission via the Let's Get Sending network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law.
You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Let's Get Sending is not the author or publisher of any content and Let's Get Sending does not rent or sell lists of any kind. Let's Get Sending simply acts as a passive conduit for you to send and receive information of your own choosing.
You shall not use the Services to store:
1. Any "protected health information"
2. Any other type of information that imposes independent obligations upon Let's Get Sending.
In accordance with its Prohibited Use Policy Let's Get Sending prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities.
This is not an exhaustive list, and Let's Get Sending, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Let's Get Sending will terminate your use of its Services if Let's Get Sending determines such prohibited content or use is in violation of this Agreement.
Any information stored on the Let's Get Sending servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Let's Get Sending without notice. Let's Get Sending reserves the right to remove any image which contravenes this Agreement without notice to you.
Let's Get Sending does not:
1. Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
2. Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
3. Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
4. Assume liability for claims concerning unsolicited email messages sent by you or others under your account.
Let's Get Sending reserves the right at all times to disclose any information as Let's Get Sending deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Let's Get Sending reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint.
Let's Get Sending further reserves the right to take any other action with respect to the Services that Let's Get Sending deems necessary or appropriate, in its sole discretion, if Let's Get Sending believes you or your information may create liability for Let's Get Sending or others, compromise or disrupt the Services for you or other Customers, or cause Let's Get Sending to lose (in whole or in part) the services of Let's Get Sending ' ISPs or other suppliers.
You agree to indemnify and hold Let's Get Sending (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney's fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Let's Get Sending and/or its licensors and service providers except where expressly stated otherwise.
The transmission of unsolicited marketing in violation of such laws through the Services is prohibited and a material violation of this Agreement. As a Let's get sending customer, you agree to abide by the terms of Let's get sending Anti-Spam Policy.
THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. LET'S GET SENDING FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY LET'S GET SENDING WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON LET'S GET SENDING.
NONE OF LET'S GET SENDING NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF LET'S GET SENDING' OR ANY SUCH AFFILIATES' OR SUPPLIERS' CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.
THE AGGREGATE LIABILITY OF LET'S GET SENDING, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO LET'S GET SENDING WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL LET'S GET SENDING, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR LET'S GET SENDING' INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF LET'S GET SENDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE LET'S GET SENDING THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.
If you are an Monthly Subscriber or have a "Pay as you Go" account: You may cancel the services at any time by emailing info (@) intersender.com.
If you have a signed Written Agreement with Let's Get Sending the termination provision found in the Written Agreement applies.
Let's Get Sending reserves the right to suspend or terminate Services if Let's Get Sending, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited by this Agreement or any notices.
Let's Get Sending shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Let's Get Sending shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
You agree that this Agreement shall be governed by and construed in accordance with the laws of England and Wales and you hereby consent to the jurisdiction of such province and agree that all disputes shall be tried in the city of London, England and Wales. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.