Terms & Conditions
Copyright © 2018 Ready to Send. All Rights Reserved.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEBSITE OR THE PRODUCTS.
The following are the Terms and Conditions of Use of access to this website and use of the Products. By making use of this site or any auxiliary features or services such as spreadsheets or client management methodologies, you accept these Terms and Conditions of Use.
1. Products, Services and Support
FOG Communications (“Ready to Send, or We or Us”), provides businesses with a variety of tools and resources to (i) collect, visit or email addresses; (ii) to edit newsletter articles, create, launch, and manage online “Email Newsletters”; (iii) create and manage “Email Marketing Campaigns”; (iv) Create and manage “SMS Marketing Campaigns”; and (v) Have Social Media posts created for you. The Email Newsletters, the Email Marketing Campaigns, SMS Marketing Campaigns and all Social Marketing campaigns are referred to in these Terms and Conditions of Use as the “Products or Services”. Ready to Send’s Products may not be used for the sending of unsolicited email or SMS’s (sometimes called “spam”). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.
YOU HAVE INITIATED USE OF THE READY TO SEND’S SERVICES. Ready to Send and its affiliates assume that its Services are used by you for business purposes. If you do not intend to use the Services for business purposes, you must contact us at +27 11 869 8782. Our customers retain and authorise Ready to Send and its affiliates to transmit messages and provide information to their Recipients on their behalf. In the course of providing those Services, Customers provide us with personal information relating to their Recipients.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You 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, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
3. Fees, Payment and 30-day eMail marketing campaign money-back guarantee
Unless otherwise specified and agreed in writing with Ready to Send, all billing will be done via a debit order, and all accounts will be added together into a single collection to be executed against your account on a monthly basis – including all eMail Marketing Campaigns and Social Media Marketing Campaigns.
3.2 30 day eMail Marketing Campaign money back guarantee
3.2.1 This guarantee is applicable to the eMail Marketing campaigns only. If, in the first 30 days of your contract, you are not 100% satisfied with either the service or the eMail Marketing product you have purchased, you are entitled to a full, 100% refund for that product – excluding any hourly rate charges (for customisation or creation of eFlyers – which is only done at your request) and SMS fees.
3.3 Fees for the Email Marketing Product(s)
3.3.1 For the Email Marketing Product you will be subject to monthly subscription fees in accordance with the Fee schedule. The Fees are based on the highest number of unique email addresses or subscribers in your account at the time your email marketing piece is emailed out by you to your clients. It is calculated and billed only after each email or SMS has been sent.
3.3.2 Debit order accounts: For debit order accounts, the Services will be subject to a minimum monthly subscription fee (“Paid Services”). Access to the Services will be disabled until payment is received. Paid services are accumulated in the month and then billed in the first week of the following month, according to the Fee Schedule on the Ready to Send website or the affiliate’s website, unless alternate billing arrangements have been agreed to by you and Us in writing. The Fee Schedule, including volumes of e-mail, data transfer limits, and prices, are subject to change at any time. All fees paid to Ready to Send are non-refundable, unless your account is terminated by Ready to Send for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a signed debit order form, unless other payment arrangements have been made between you and Us. You hereby authorise Ready to Send to charge your specified account for such amounts on a regular basis, but generally at within the first week of every month. If Ready to Send is, for any reason, unable to effect automatic payment via your bank account, you will be notified via e-mail and your Ready to Send account may, at Ready to Send’s own discretion, be disabled until payment is received, and further action may be taken against you. Monthly pricing may vary based on number and type of e-mails or SMSs sent, and you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Ready to Send.
3.4 Fees for the Social Media Marketing Product(s)
3.4.1 Setup of a Social Media Marketing Product incurs a once-off setup fee in accordance with the Fee schedule.
3.4.2 For the Social Media Marketing Product you will be subject to monthly subscription fees in accordance with the Fee schedule. The Fees are based on the products you have selected, and any additional work done by Ready to Send at your instruction.
3.4.3 Debit order accounts: For debit order accounts, the Services will be subject to a minimum monthly subscription fee(“Paid Services”). Access to the Services will be disabled until payment is received. Paid services are accumulated in the month and then billed in the first week of the following month, according to the Fee Schedule on the Ready to Send website and the affiliate’s website, unless alternate billing arrangements have been agreed to by you and us in writing. The Fee Schedule, including social products, number of posts generated and posted, and prices, are subject to change at any time. All fees paid to Ready to Send are non-refundable. Payment for Services will be made by a signed debit order form, unless other payment arrangements have been made between you and Us. You hereby authorise Ready to Send to charge your specified account for such amounts on a regular basis, but generally at within the first week of every month. If Ready to Send is, for any reason, unable to effect automatic payment via your bank account, you will be notified via e-mail and your Ready to Send account may, at Ready to Send’s own discretion, be disabled until payment is received, and further action may be taken against you. Monthly pricing may vary based upon the products you have selected and the services requested from our Social Team, and you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Ready to Send.
4. Account Re-activation
For all accounts, Ready to Send may charge an account re-activation fee should an account need to be re-activated by customer after the account has become de-activated due to non-payment or an untimely authorisation for payment.
5.1 eMail Marketing Campaign
5.1.1 eMail Footers. For every email message sent in connection with the Products, you acknowledge and agree that Ready to Send may add an identifying footer stating “Email Marketing by Ready to Send,” “Powered by Ready to Send ” or a similar message which includes a graphic image.
5.1.2 It is understood that Ready to Send makes no guarantee that HTML messages will be rendered properly on all recipients’ e-mail programs, due to the wide variety of HTML generation tools available. Ready to Send makes every attempt to make sure that all e-mail messages sent through our servers follow W3C and IETF e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results, Ready to Send recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards. Ready to Send makes no guarantee that the HTML generated by the editor will result in messages that look the same on all e-mail platforms.
5.2 Social Media Marketing Campaign
5.2.1 Post footers. Every post that is done on any social media platform for any Social Media Package may include a link at the bottom with a web address or other Ready to Send or affiliate branding at Ready to Send’s sole discretion.
6.1 At any time, either party may cancel a user’s Ready to Send account for any reason, provided that the minimum contract period has expired (for eMail Marketing Campaigns – 0 months, for Social Media Marketing Campaigns – 6 months). The user must request cancellation by calling Ready to Send at +27 11 869 8782 or by sending an email to email@example.com. Ready to Send may require certain documents to be completed and faxed before processing any cancellation.
6.2 Amounts paid are not refundable. Standard account subscriptions to our service are month to month. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of the prepaid term or month. Any email communication regarding the cancellation of an account must be from the email address on record in the account to complete the cancellation.
6.3 While an account may be cancelled, cancelling an account does not constitute cancelling of debt and you remain liable for any outstanding fees.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, READY TO SEND AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES. READY TO SEND, ITS AFFILIATES AND REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL READY TO SEND OR ANY OF ITS AFFILIATES, UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS ” READY TO SEND “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF READY TO SEND SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, READY TO SEND IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF READY TO SEND TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY READY TO SEND TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Ready to Send and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.
10. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Ready to Send will accept the instructions of any individual who claims to be authorised to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third-Party Service, if any, through which you access the Products. Ready to Send and its affiliates have no knowledge of your organisational structure; if you are registering for the Products as an entity, or your personal relationships, if you are a person. we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
11. Banking details / Credit Card Expirations or Declines
Please note that allowing a credit card to expire regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly charge, which will accrue to your account, until we receive a cancellation notice.
We will send notice to the email on record if a card and or debit order is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within 3 months.
12. Your Email Lists and Databases
Ready to Send and its affiliates are not in the business of selling data. Ready to Send and its affiliates are in the business of providing a web-based mass email, SMS, social media service. Ready to Send, its affiliates and the parent company will never sell, rent, share, or otherwise make available your email lists and /or databases to anyone except internal support personnel who may be assisting you in troubleshooting your account, unless it is required to do so in connection with legal process or in accordance with any law, regulation or order of a court or regulatory agency of competent jurisdiction.
13. Social Media Marketing Package
13.1 If you make use of any of the Ready to Send Social Marketing Packages, you agree to the following:
13.1.1 Debit order contracts are set for a 6-month period and your account may not be cancelled for any reason whatsoever during the first 6 months. After the 6 months has expired, the contract will revert to a month-to-month contract which may be cancelled as governed by Section 6: Cancellation of this Agreement.
13.1.3 Should your Social Media account at any of the Social Media sites we use be suspended for any reason whatsoever, thus preventing Ready to Send from posting the required posts, this will not cancel your contract with Ready to Send and you will still be liable to pay the fee owing, and will not be eligible for any discounts or refunds whatsoever;
13.1.4 Unless prior arrangement is made in writing with Ready to Send, you remain responsible for managing and updating your friend and circle requests. Ready to Send’s sole role it to provide and post content;
13.1.5 Should you join a Ready to Send Social package in the middle of the month, your account will be billed pro-rata for the posts done for that month, and the full amount from the next month. This is applicable to the first month only.
13.1.6 While every effort has been made to ensure that the articles posted on your site are accurate and complete, Ready to Send is not responsible or liable for any damage or loss incurred by you or your clients for typos or transcription errors.
You acknowledge that for the protection of both Parties, any personal data in this Agreement shall be regulated by Schedule A in accordance with the General Data Protection Regulation(GDPR) (Regulation (EU) 2016/679)
15. Additional Information
If you have any questions about the rights and restrictions above; the information we have collected from you online; the practices of this site; or your dealings with this website, please contact:
Ready to Send
Tel: +27 11 869 8782
9 Jacqueline Ave, Alberante, Alberton, South Africa 1449
Or see the Contact Us page
Copyright © 2018, Ready to Send. All Rights Reserved.
Schedule A – Data Protection Agreement
“Data Protection Laws” means all applicable EU laws and regulations governing the use or processing of Personal Data, including (where applicable) the European Union Directive 95/46/EC (until and including 24 May 2018), the GDPR (from and including 25 May 2018) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time.
“Contact Personal Data” shall mean the data, information or material provided, inputted or submitted by you or on your behalf into the Services, which may include data relating to your customers and/or employees.
“GDPR” means EU General Data Protection Regulation 2016/679.
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
“Data Processor” a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Data Controller.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction and “process”, “processed” and “processes” shall be construed accordingly.
“Supervisory Authority” means an independent public authority which is established under applicable Member State law and which concerns itself with the Processing of Personal Data.
Ready to Send as Data Processor
1. For the purposes of this Agreement, the parties agree that you are the Data Controller in respect of Contact Personal Data contained within your account and as Data Controller, you have sole responsibility for its legality, reliability, integrity, accuracy and quality.
2. You warrant and represent that:
2.1 you will comply with and will ensure that your instructions for the Processing of Contact Personal Data will comply the Data Protection Laws;
2.2 you are authorised pursuant to the Data Protection Laws to disclose any Contact Personal Data which you disclose or otherwise provide to us regarding persons other than yourself;
2.3 you will where necessary, and in accordance with the Data Protection Laws, obtain all necessary consents and rights and provide all necessary information and notices to Data Subjects in order for
2.3.1 you to disclose the Contact Personal Data to us;
2.3.2 us to process the Contact Personal Data for the purposes set out in this Agreement; and
2.3.3 us to disclose the Contact Personal Data to: (a) our agents and service providers (b) law enforcement agencies; (c) any other person in order to meet any legal obligations on us, including statutory or regulatory reporting; and (d) any other person who has a legal right to require disclosure of the information, including where the recipients of the Contact Personal Data are outside the European Economic Area.
Ready to Send as Data Controller
3. Where, and to the extent we process your Personal Data as a Data Controller in accordance with our Privacy Notice (www.readytosend.com), we shall comply with all Data Protection Laws applicable to us as Data Controller.
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