Zap Email Marketer - Marketing Software Perth WA USER MANUAL | GETTING STARTED VIDEO | LOG IN 
Zap Email Marketer Home Email Marketer Features Prices Contact Us Log in to your Email Marketer 

TERMS & CONDITIONS

The Zap Email Marketer is owned and operated by Zap Enterprises Pty Ltd, ACN 098 832 798.

Reference to “Customer” in this document is you, the person subscribing to this service.

Zap Email Marketer (the "Services") provides a collection of tools and resources to create, launch, and manage online email marketing campaigns. The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by Zap Email Marketer.

1. Services and Support

1.1 The Services are provided subject to the following terms and conditions and any operating policies that Zap Email Marketer may establish (the "Agreement"). Zap Email Marketer may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular Zap Email Marketer services, Customer and Zap Email Marketer shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.

1.2 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. If you do not qualify, please do not use the Services.
 
1.3 The Services provide corporate web sites, small business web sites, and community sites the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.

1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current in the Customer account area. As part of the registration process, Customer will identify an e-mail address and password for Customer's Zap Email Marketer account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. Zap Email Marketer reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.5 Excess email fees will be billed on a monthly basis, however Zap Email Marketer reserves the right to carry over the fees if the email excess is less than 100 Australian Dollars in value.

1.6 Packages can be upgraded at any time, however you can only downgrade your subscription on the renewal date. The minimum subscription period is 12 months. Free trials are available so you can evaluate the software before purchase.

1.7 The Zap Email Marketer Service provides free unlimited email support. Telephone Support and Call Outs are available for purchase.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Zap Email Marketer's privacy policies as published at the www.zapemail.net Web site or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless Zap Email Marketer against 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. Although Zap Email Marketer has no obligation to monitor the content provided by Customer or Customer's use of the Services, Zap Email Marketer may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

3. Termination

3.1 Customer may terminate this Agreement at any time by sending an e-mail message to sales@zapemail.net or your Marketing Agent/Reseller. The minimum subscription period is 12 months unless otherwise specified. Terminating before the 12 month period will result in a penalty payment for the remaining time of your subscription.

3.2 Zap Email Marketer may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Zap Email Marketer shall have no liability to Customer or any third party because of such termination.

3.3 Upon termination for any reason, Zap Email Marketer 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, warranty disclaimers and limitations of liability.

4. Warranty Disclaimer

CUSTOMER USES THE SERVICES AT ITS OWN RISK. ZAP EMAIL MARKETER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ZAP EMAIL MARKETER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.


5. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY ZAP EMAIL MARKETER, ZAP EMAIL MARKETER AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, RESELLERS, AGENTS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ZAP EMAIL MARKETER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Miscellaneous

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

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

7.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Zap Email Marketer in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.

7.5 This Agreement shall be governed by the laws of the State of Western Australia without regard to its conflict of laws provisions.

7.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.

   © Copyright Zap Email Marketer Perth WA
   by ZAP Enterprises Pty Ltd ACN 098 832 798

Valid CSS! Valid XHTML 1.0 Transitional