Terms & Conditions for MailServisi.com / authenticated SMTP mail relay.

Global SMTP email server and mail relay service.

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Terms & Conditions

CONTRACT FORMATION

1.1

The contract is formed by the completion of three distinct steps:

-	our display / catalogue / website (at http://www.MailServisi.com) each invite you to do business with us.
-	your order is an offer to do specific business with us.
-	the contract is formed when you receive our acceptance of that offer.

1.2

We reserve the right to accept, refuse, or limit your order for any reason - including (but not limited to) credit card / payment clearance, unavailability of stock or errors in product descriptions and / or prices.

WARRANTIES: SERVICES SUPPLIED

2.1

We warrant that the services:

-	will be provided using reasonable skill and care.
-	are fit for normal use and stated purpose (but not fit for any use which we state on our website may be inappropriate).
-	comply materially with the written description given on our web site.

2.2

It is entirely your responsibility to ensure that your equipment is correctly configured and capable of using our services.

2.3

It is not technically possible to provide the service free from errors and / or faults and we do not undertake to do so. We operate an online support facility to enable errors and / or faults to be reported and resolved but we cannot warrant that all errors and / or faults will be corrected.

2.4

We do not offer telephone support for this service.

YOUR RIGHT TO CANCEL / MONEY BACK GUARANTEE

3.1

New MailServisi.com accounts can be cancelled within the first 14 days or until you have sent 100 messages (whichever is sooner). After this it will be assumed that the account is working correctly and no refund will be allowable.

3.2

If your account is terminated or suspended due to SPAM / email abuse no refund will be allowable.

3.3

This guarantee only covers newly created accounts - it does not cover account renewal or upgrades.

DESCRIPTIONS, AVAILABILITY AND PRICING

4.1

All services are supplied subject to availability.

4.2

We have the right to change our prices at any time without advance warning.

4.3

We do our best to ensure that the descriptions and illustrations of the goods we supply are fair, honest and accurate.

PERSONAL INFORMATION / SECURITY

5.1

We guarantee that any personal information you send us online will be secure.

5.2

Information that you provide to us must be true, accurate and complete. You agree to inform us of any changes in your details (contact details, address, telephone number or email address) by updating them using the online Control Panel or by contacting us at: http://www.MailServisi.com.com/contact

5.3

It is very important your 'admin' email address is kept valid and up-to-date as that is where we will send important information about your account (error messages, spam complaints, renewal notices etc.) - you can update this at any time in the online Control Panel. If this email address is found to be invalid it may result in your account being temporarily suspended.

CONTRACT TERM AND TERMINATION

6.1

MailServisi.com (authenticated SMTP) services are offered on a 12 month contract.

6.2

After the initial minimum contract period either party may terminate the contract by giving 7 days notice in writing to the other.

6.3

We reserve the right to immediately terminate the contract at any time due to abuse and / or material breach of your agreement with us or breach of our Acceptable Usage Policies (which you acknowledge to have read).

6.4

Either party may terminate this agreement immediately by giving notice in writing to the other, if the other:

-	commits a material breach of this agreement which cannot be remedied.
-	is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation, or a receiver or administrator is appointed over their assets.

COMPLAINTS

Or contact us at: http://www.MailServisi.com.com/contact/

ACCEPTABLE USAGE

It is a condition of this contract that you comply at all times with our Acceptable Usage Policies (as may be updated from time to time) as detailed on our web site.

If you breach our Acceptable Usage Policy we are entitled to suspend or restrict your service and cancel this contract and / or take such as action as detailed in the Acceptable Usage Policy.

ANTI-VIRUS SCANNING

Outgoing email currently being sent through our service is scanned for viruses. If a virus is detected the email message will be deleted and a message sent to the sender to advise them.

This should not be considered a replacement for running up-to-date anti-virus software on your own computer. No anti-virus system can be considered 100% effective and in no event will we be liable to any party for any direct, indirect, special or other consequential losses.

This is currently (and until further notice) being run as a technology 'trial' and at no extra cost - we reserve the right to remove, restrict or change this feature at any time and without notice.

10.

STATUTORY RIGHTS

Nothing in this contract affects your statutory rights.

11.

MISTAKES IN BILLS

If we make a mistake in any bill, we will correct it as soon as the mistake comes to our attention, and we will, if appropriate, refund any money to you promptly.

12.

RECORDS OF CONTRACTS

We maintain records of all contracts, and, if you so request, we will provide you with a copy of any contract between us and you entered into within the last 24 months.

13.

PRIVACY

13.1

We will use the information you give us, and information arising from our dealings with you (‘personal data’) to enable us to perform our obligations to you. We may also analyse your personal data, for example, for marketing and market research purposes.

13.2

We will comply with our statutory obligations in relation to your personal data, and we will not pass on any ‘sensitive data’ (as defined in the Data Protection Act 1998) without your prior consent. However, it may be necessary to pass your details on to our suppliers so the goods / services can be provided - in all cases we will only pass on the minimum details that are required.

13.3

You have the right to ask us for a copy of your personal data, and to correct any mistakes.

13.4

We may monitor or record calls for training or to improve the quality of our customer service.

14.

THIRD PARTY ISSUES

Unless the contract states otherwise in writing, the benefit of this contract is personal to you and only you can enforce the contractual terms.

15.

SEVERABILITY & CONFLICT OF TERMS

15.1

If a court decides that any part of these terms is void, voidable or unenforceable, the rest of these terms shall continue to be valid and enforceable. A court will, if possible, modify the offending term to the minimum extent necessary to make it valid.

15.2

If you are a business, our standard terms and conditions are to prevail over any you seek to impose.

16.

FORCE MAJEURE

We are not liable to you for any failure to perform our obligations due to circumstances outside our control.

17.

OWNERSHIP / LATE PAYMENT

17.1

Under the Late Payment of Commercial Debts [Interest] Act 1998 we reserve the right to reclaim interest on overdue amounts at 8% above the Bank of England base rate.

17.2

Where payments on your account are overdue we reserve the right to restrict or suspend services or order fulfilment until payment is made in full.

18.

LIMIT OF LIABILITY

18.1

We do not seek to limit liability for death or personal injury resulting from our negligence or for fraud. However, you acknowledge that the services are not appropriate for uses where personal injury or death could arise from use or reliance on the services and you should satisfy yourself as to the accuracy of any statements made by us or on our behalf.

18.2

By submitting your order request to us you agree to accept our terms and conditions and that our total liability to you shall be limited to the purchase price actually paid to us by you for the product or service giving rise to the liability.

18.3

Any information or advice is provided 'as is' and without warranty - it should be considered generic advice only and may not be appropriate to your particular circumstances - always check with your software / hardware manufacturer.

18.4

You agree that we will not be held responsible for any indirect or consequential loss or damage (whether loss or profit, loss of opportunity or otherwise), costs, expenses or claims for consequential loss whatsoever which arise out of or in connection with the supply of the service and its use or resale.

19.

INTERPRETATION AND GOVERNING LAW

19.1

This is a plain English contract. Other than defined terms, words and expressions have their normal English meaning as they would be understood by a reasonable person in the context of this contract.

19.2

This contract is governed by the laws of England and Wales and you agree to submit to the jurisdiction of the English courts.

If you have any questions please contact us