Terms Of Service
Terms Of Service
You are prevented from entering our Services if you are a direct competitor, except with our prior written consent. You may not use the Services for purposes of benchmarking, competition or research purposes. The Agreement was last updated on February 19th, 2014. It is effective between You and Us as from the date of You accepting the Agreement. (“Effective Date”).
“You” or “Your” shall mean the legal entity for which You are accepting the Agreement, and Affiliates of that entity. “Affiliate” means any entity that is directly or indirectly owned or controlled by You with more than 50% of the shares or voting interests.“Subscriber” shall mean anyone subscribing to any of Our free and/or payable Services.
“Opt-in” shall mean someone is given the option to consent to receiving marketing communications by SMS, e-mail or other electronic means.
“Users” shall mean the persons for whom You have subscribed the Service and who have been supplied user identification and passwords by You (or by Us on Your written request).
Users may include Your employees, contractors, media agency or other third parties with which You transact business.“Service” shall mean the Service that is Ordered by You through an Order Form and made available by Us via the website www.TargetEveryOne.com (“Website”) “Order Form”and “Order” shall mean the document for placing Order(s) here under by completing an Order Form. You agree to be bound by the terms of the Agreement. “Site” shall mean Our Website. “Your Data”shall mean any and all electronic data or information, including but not limited to personal data and/or intellectual property rights protected works, marks and designs, submitted by You to the Services.
6. FREE TRIAL TERMS AND CONDITIONS
1. The free trial shall last for a period of 14 days only. After the 14 days free trial, regular price for the services will be charged.
2. All customers signing up for a free trial will be required to submit payment card details as part of the process, to allow automatic payment once the free trial period ends.
3. Customers not wishing to continue the service once the free trial ends must cancel the service located on their account settings ( “open billing portal” ) before the trial ends.
4. Offers apply to new customers only when signing up for a new service.
5. Notice will be sent if the payment fails for any reason. It is the customer's responsibility to make sure payment details are correct to allow successful renewal payments.
6. Customers that purchase extra credit during their 14 day trial period will not be refunded the money back in the event of termination of the account.
7. Targeteveryone reserves the right to change the features of the trial offer at any time.
7. ORDERED SERVICES
8. USER SUBSCRIPTIONS
9. PRICES AND PAYMENT
10. CANCELLATION AND REFUND OF PAYMENT
If You want to make a claim that We have charged You in error, you must give written notice of claim within ninety (90) days of when We charged You in error. No refund will be given for any claims where written notice is given later than ninety (90) days from when We charged You. We reserve the right to refuse a refund request if We reasonably believes (a) that You are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the Services; (b) if You are in breach of the Agreement or (c) if We reasonably suspect that You or someone with access to Your User account are using Our Services fraudulently.
11. EFFECTIVE DATE AND TERMINATION
12. FORCE MAJEURE
13. THE PARTIES RESPONSIBILITIES
a. Our responsibilities
provide respectively Our Standard or Premium support for the Ordered Service(s) to You at no additional charge and on request allow You to upgrade Standard to Premium support. use commercial efforts to make the Ordered Services available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control. provide the Ordered Service(s) in accordance with applicable laws and governmental regulations only. by means of planned, systematic measures ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of Your Data. not modify or disclose Your Data except as allowed or obliged by law or permitted by You access Your Data with the exemption: to provide the Services to You, to improve the Services or address technical problems or for customer support on Your request. not store Your Date longer than necessary for fulfilling the Agreement.
b. Your responsibilities
You shall not:
- use the Service(s) to store,communicate or otherwise process infringing, or otherwise unlawful or tortious material.
use the Service(s) to store,communicate or otherwise process material in violation of third-party privacy rights. use the Service(s) to store,communicate or otherwise process Malicious Code. interfere with or disrupt the integrity or performance of the Service(s) attempt to gain unauthorized access to the Service(s) or their related sites. harvestor otherwise obtain contact details or any other information or material from Our Websites use purchased lists (regardless of the source, whether they are opt-in or not). use pre-checked fields on Your subscription form. use a subscription form that subscribes users to an unrelated list. send out unrelated offers or unrelated content to Your contacts or communities. add contact details to a list without the subscriber’s permission. keep persons on Your list who have requested to be removed from Your list. utilize a list older than six (6) months without prior reconfirmation of the recipients’ opt-in. violate any data protection and privacy laws and regulations applicable to the countries in which you are sending any form of communications via Our Services.
c. Responsibility for creation and distribution of campaigns
d. You are aware and acknowledge that:
- capacity problems may occur.
availability problems may occur as the Service is delivered through third party services providers over Internet. SMS delivery problems may occur as the success rate of SMS delivery depends on the terms of the mobile operator of the recipient.
14. DATA PROCESSOR
15. WARRANTIES OF COMPLIANCE WITH EU-REGULATIONS AND OTHER AUTHORITY REGULATIONS
16. INTELLECTUAL PROPERTY RIGHTS (IPR)
a. Reservation of IPR in the Services
b. Your campaigns
Notwithstanding the foregoing, in case You choose to use Our generic apps to distribute Your campaigns We are entitled to include those contacts using Our app in Our app Community.
18. WHO MAY ORDER OUR SERVICES
19. RESTRICTIONS IN USE
- any communications that violate the laws that regulate sending out and the content of bulk and/or marketing communications.
- any communications that violate the laws that regulate privace of IPR.
- pornography or sexually explicit communications.
- hateful, discriminatory or other in Our reasonable judgment inappropriate communications.