27. Additional Terms & Conditions
ReachEngine
PLEASE DO READ THE TERMS CONDITIONS CAREFULLY, AS IT CONTAINS VITAL INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES!!
These terms and conditions outline the rules and regulations for the use of services delivered by ReachEngine, on behalf of DataCaptive to the customer purchasing the services.
Once you ‘Sign Up’ for our services, you will be agreeing to the DataCaptive User Agreement, Privacy Policy & Terms and Conditions without reservations and be bound to the latest version of this agreement. These services are reserved for professional use and will not be available to minors under the age of 18.
Account
Eligibility
By using the service, you are agreeing to meet all the requirements listed below. You must also accept that you won’t use our services in a way that violates any laws or regulations. If the below terms and conditions are not met than ReachEngine may decide to close an account, refuse to provide services and can also change eligibility requirements at any time.
In order to use the services, you must be
- At least eighteen years old as mentioned above.
- Complete the registration process.
- Agree to the terms and conditions given below.
- Provide true, complete and the latest contact details and other billing information.
- Should not be based in Cuba, Iran, North Korea, Syria or any other country that is considered as a “terrorist-supporting” country by the US government.
- Not be listed on the prohibited or restricted persons list by the US government.
Term
The term begins when a client signs up for ReachEngine and continues as long as the customer uses the service. You can sign up for the platform by entering your name, email id, time zone, company name, and contact details and clicking on the ‘Agree and Join’ button. Once you sign up for ReachEngine on behalf of a company or other entity, you represent and warrant that you have the authority to accept these terms and conditions on their behalf.
Closing your account
You and ReachEngine may terminate the agreement at any given time and for any given reason. We may terminate the agreement by sending you a notice in prior saying that we are terminating the Agreement. If your account is inactive for more than 24 months than ReachEngine will delete your account and we won’t refund or reimburse you in any situation. If you terminate your account, then all your data associated with it, including the campaigns will be deleted permanently.
Termination
The agreement will continue up until the termination of your subscription. The Subscription may have a term of about 30 days (monthly), quarterly or even yearly depending on your purchase. After the term is completed, it will automatically renew on the initial term expiry, unless it is terminated by the client due to a certain cause.
There are many reasons for which the subscription can be terminated:
- Termination of Convenience – In this type of termination either side of the party may provide 10 days and terminate the subscription before its completion. However, in that case the client must agree to pay an early termination fee equal to the number of months remaining in the then-current term of the subscription for the services that have been terminated before its completion.
- Termination of cause – If there has been a material breach or from either of the parties or if either of the parties has been affected by the Subscription and is not remedied within 45 days then it can be terminated.
- Termination can also be caused if the other party becomes the subject of a petition in terms of bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.
- Termination due to high bounce rate – If the bounce rate of your emails increases by 15% than your account will be blocked. So, make sure to take precautions to keep your bounce rate below the set bar.
Account and Password
You are responsible for keeping your account name and password confidential, as well as for the activity that takes place in your account. If there has been a loss of any kind due to stolen or hacked passwords, then you will be responsible for it. ReachEngine will update your contact information in your account for billing purposes. We may also contact you or the login added to your account, based on the information already provided in your ReachEngine account.
Disputes in your account
If you have any account-related disputes with another party then ReachEngine will not help you get access to another account. ReachEngine will take the liberty in deciding who the account belongs to based on the content in that account, and the contact and profile information that is already present.
If by any case ReachEngine is not able to determine the rightful owner then require you to resolve the matter with other channels outside of ReachEngine. However, if a dispute is identified, we will suspend the account, disable the login and work towards protecting the data is contains until the dispute is resolved.
Fees And Payment
Monthly/Quarterly/Yearly Plans
ReachEngine plans are divided into three main plans Standard, Unlimited and Enterprise, available for monthly, quarterly or even yearly with various additional features depending on the plan you purchase. Once you choose a plan according to what fits your email marketing needs, you will be directed towards the checkout. The fees for the monthly, quarterly or yearly plans can be found on our website and this may be changed from time to time.
All our plans for monthly, quarterly or yearly follow “Pay As You Go” model, which means that you need to pay the amount before you get access to your services. Instead of paying recurring charge every month, you can buy email credits as needed through our “Pay As You Go” plan, which is the best for infrequent senders.
Paid marketing plans
Each and every plan offers a different pricing and also comes with additional features depending on the package you choose. ReachEngine will not upgrade or downgrade your chosen plan. But if you require our additional features or are exceeding your monthly quota, you can ask for an upgrade (even in the middle of your subscription) for which you will incur additional charges.
You also have an option to downgrade to a lower tier plan, however this will only be effective in the next billing cycle of your subscription and you will be charged accordingly from the month the downgraded plan becomes effective.
Free trial – ReachEngine offers a seven days free trial only to help you get started with ReachEngine. The free trial does come with limited features and will last only for the period of seven days, after which you will have to upgrade to our paid plans for which you will get all the details in the pricing page of ReachEngine.
Fee increase – ReachEngine may alter or change the pricing terms that apply to your use of services at any given time. You will be sent a notice in prior if and when pricing terms are revised. However, these revised rates or charges assessed to you for the services will not become effective until the commencement of the next renewal term of your subscription
Taxes – All amounts due to ReachEngine under the Agreement are exclusive of any value-added, goods and services, sales, use, and like taxes, etc. You must pay ReachEngine the tax that is due or provide satisfactory evidence of your exemption from the Tax in advance of invoicing.
Refunds/Reimbursement – ReachEngine will not offer refund/reimbursements on any given circumstances.
Charges for Add-Ons
All the Add Ons come with a certain charge, so make sure to check the pricing page or get in touch with our representatives to get information on the amount you will be charged for the particular Add On. You will be charged for the Add-Ons every billing cycle as long the Add-Ons are active. The Add Ons also require an upfront payment and the prices may differ for a monthly, quarterly or yearly plan.
Debit and Credit Cards
As a member you are required to provide us with a valid debit or credit card information and as well as authorize us to deduct your service charges against that card. If or when your card expires you are required to update the information of the card that is valid. If we are unable to process your card order for any reason, then we will notify you through email and suspend your account until the payment is made.
Dedicating IP addresses
You have the option to purchase access to a dedicated IP address or even request for a specifically designated shared IP address for email sending purposes. However, ReachEngine will get to decide whether or not it will provide you with the access to a Dedicated IP Address. We also hold the right to revoke a member’s use of a Dedicated IP Address at any time if need be. ReachEngine will reclaim or terminate any future use of the Dedicated IP Address by the Member if it’s not rightly used.
Rights
Proprietary Rights Owned By ReachEngine
The customer is executed to respect our proprietary rights in the website and software that is used to provide ReachEngine services. These proprietary rights may also include patents, trademarks, service marks, and copyrights of ReachEngine.
Proprietary Rights Owned By The Client
The client is the one who permits the use of all the material or the data he/she uploads to the service. ReachEngine will at no cost disclose or use the client’s material without their permission.
Client’s Responsibilities
The client is responsible for everything that takes place in his ReachEngine account. This may include their email lists that are added, imported and stored, as well as the content published, distributed or linked to from his email marketing campaigns. The client will take the full responsibility for all the content distributed through his/her campaigns and will abide by the copyright laws.
Customer Data
ReachEngine will safeguard your account information, email lists and data. The platform will not ever sell or rent your contact database with any third party. The only time ReachEngine will share your information with another organisation is when you are processing your payment for the services through an outside organisation. The outside organization in this case is either the federal government or other agency empowered to require us to divulge your personal or account information.
Prohibited Content
The clients are prohibited from sending email campaigns with the content that is of the following nature:
- Content is plagiarised.
- Contains pornographic messages.
- Damages computers with viruses.
- If contains a treat of physical harm.
- Include spammy words or sentences.
- Software code is harmful to the client’s recipients.
- Includes images or videos that are not authorized by the owner.
- The messages promote or try to sell illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by the client.
- Contains offensive/hateful messages that promote hatred, bigotry, intolerance of religious beliefs, racism.
Reporting Abuse
If you think anyone is violating the terms and conditions in this agreement, then please do notify us immediately. If you have received spam of hateful content from a ReachEngine member then you can go ahead and report it to our representatives.
Liability
Limitation of liability
You must acknowledge that you are responsible for any loss that may occur during the use of the service. ReachEngine will not be liable for any indirect, punitive, and other damages including any loss of data, profits, revenues, business opportunities, etc. The total liability of ReachEngine and our third-party providers, licensors, distributors or suppliers relating to the agreement will be no more than what you paid us for the Service.
Force Majeure
We will not take responsibility for any delays or failure in the performance of any part of the service that is caused beyond our control. This includes significant failure of a part of the power grid, changes to law or regulations, internet failure, natural disasters (like floods, volcanic action, earthquakes, tsunamis, severe weather conditions), war, epidemic, labour strikes, nuclear accidents, terrorist acts, riots, etc. In one event shall a Force Majeure event excuse or delay both party’s obligation(s) concerning payments, confidentiality or intellectual property rights.
Miscellaneous
We may revise or update any part of this agreement, including the fees and other charges associated with the services ReachEngine provides. If we change any part of this document, the updated agreement will be added to our website and we will let you know. The updated agreement will only become effective on the next business day after it is posted on the website.
If any changes are made, we will add the latest modification date in the agreement. We also request you to review this Agreement periodically. If you do not agree with any part of the updated agreement, you can notify us either by call or mail within 30 days of receiving the modification notice. Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past.
Neither party has the right to bind the other party on any agreement with a third party. The following provisions in these Terms of Service shall survive termination of the Agreement: intellectual property, confidential information, indemnification, limitation on damages, governing law, notices, etc. All the terms of the Agreement require you to pay any fees for Services provided prior to the time of expiration or termination.