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Service Agreement

Account access, accuracy and security

The Client’s access to the Account, and thus use of the Service, will be via a username and password protected login.

  • The Client is responsible for maintaining confidentiality of its username and password.
  • The Client is entirely responsible and liable for any and all activities that occur and Material Sent via its Account or under its username and password.
  • The Client must immediately notify newslettersOnline of any unauthorised access and/or use of its Account or any breach of such security.
  • newslettersOnline may refuse to open an Account or offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. If so, the Client will not be charged the Service fees.

 

Provision of Services

In consideration of the fees payable under this Agreement newslettersOnline grants to the Client a non-exclusive right to access and use the Services during the term of this Agreement. The Services are provided on an 'as is' basis.

newslettersOnline cannot guarantee that this web site shall be available on an uninterrupted basis and will not be liable for any losses, costs or damages resulting from this web site not being accessible or for delays in access.

The Client authorise newslettersOnline to place the following accreditation on the Client’s email campaigns: "Powered by newslettersOnline" - with a hyperlink to the newslettersOnline website.

 
Email Campaigns
1. Subject to this Agreement, through the Service the Client can create, send and manage email campaigns.

2. The Client warrants that it has authority or permission from Recipients to Send those persons emails.

3. The Client acknowledges that newslettersOnline does not create and is not responsible for any Material sent by the Client via the Services and that newslettersOnline is not the author or the publisher of any Material or email campaign of the Client.

4. By generating an email campaign through newslettersOnline, the Client warrants that the Material is true, and that the Client will indemnify newslettersOnline against any and all direct, indirect or consequential claims and alleged claims that may arise from Client's use of the Services.

5. By using the newslettersOnline Services, the Client is giving newslettersOnline permission to copy, back up and store Client Material, Lists and other Client information.

6. newslettersOnline will not use the Client content, Lists or other Client information for any purpose that violates the newslettersOnline's privacy policy.

 
Security
For purposes of providing the Services, newslettersOnline may store Client information, content, Lists, emails, campaign activity statistics, reports and other information in its databases for the Client. Client data is stored on a secure server, with firewalls ensuring that unauthorised access to data is prevented. The server is housed in a facility which requires a handprint and key card for access and has full CCTV and security.

newslettersOnline has no responsibility or liability for the deletion or failure to store any Material, messages, content or other information maintained or sent through the Services.

 
Separate Entities
  1. Nothing in this Agreement is intended or will be deemed to constitute a partnership, agency, employer-employee or joint venture relationship between the Parties.
  2. All activities by either Party will be performed by that Party as independent contracting parties.
  3. The Clients acceptance, agreement and execution of this Agreement will be evidenced by the Client's use of the Service.
  4. newslettersOnline's acceptance, agreement and execution of this Agreement will be evidenced by the provision of the Service to the Client.