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COMPANY INFORMATION |
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Company Name
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GetOnline Limited |
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Trading Name
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AuthSMTP |
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Company Registration
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03151203 |
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VAT Registration
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GB 616 4603 53 |
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Postal Address
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AuthSMTP (Getonline Ltd.)
12D Adlington Park
Adlington
Cheshire
SK10 4PZ
United Kingdom
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CONTRACT FORMATION |
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1.1 |
The contract is formed by the completion of three distinct
steps: |
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our display / catalogue / website (at http://www.authsmtp.com)
each invite you to do business with us. |
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your order is an offer to do specific business with
us. |
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the contract is formed when you receive our acceptance
of that offer. |
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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. |
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2. |
WARRANTIES: SERVICES SUPPLIED |
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2.1 |
We warrant that the services:
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will be provided using reasonable skill
and care. |
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are fit for normal use and stated purpose (but not fit
for any use which we state on our website may be inappropriate). |
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comply materially with the written description given
on our web site. |
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2.2 |
It is entirely your responsibility to ensure that your equipment
is correctly configured and capable of using our services. |
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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. |
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2.4 |
We do not offer telephone support for this service. |
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3. |
YOUR RIGHT TO CANCEL / 14-DAY MONEY BACK
GUARANTEE |
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3.1 |
New AuthSMTP accounts can be cancelled within the first
14 days or until you have sent 50 messages (whichever is sooner).
After
this it will be assumed that the account is working correctly
and no refund will be allowable. |
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3.2 |
If your account is terminated or suspended due to SPAM / email
abuse no refund will be allowable. |
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3.3 |
This guarantee only covers newly created accounts - it does
not cover account renewal or upgrades. |
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4. |
DESCRIPTIONS, AVAILABILITY AND PRICING |
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4.1 |
All services are supplied subject to availability. |
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4.2 |
We have the right to change our prices at any time without
advance warning. |
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4.3 |
We do our best to ensure that the descriptions and illustrations
of the goods we supply are fair, honest and accurate. |
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5. |
PERSONAL INFORMATION / SECURITY |
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5.1 |
We guarantee that any personal information you send us online
will be secure. |
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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.authsmtp.com/contact |
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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. |
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6. |
CONTRACT TERM AND TERMINATION |
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6.1 |
AuthSMTP (authenticated SMTP) services are offered on a
12 month contract. |
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6.2 |
After the initial minimum contract period either party may
terminate the contract by giving 7 days notice in writing to
the other. |
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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). |
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6.4 |
Either party may terminate this agreement immediately by
giving notice in writing to the other, if the other: |
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commits a material breach of this agreement
which cannot be remedied. |
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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. |
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COMPLAINTS |
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The addresses to which you should write if
you have any complaint are:
AuthSMTP (c/o GetOnline Limited)
12D Adlington Park
Adlington, Cheshire
SK10 4PZ, United Kingdom |
Or contact us at: http://www.authsmtp.com/contact/ |
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8. |
ACCEPTABLE USAGE |
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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. |
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9. |
ANTI-VIRUS SCANNING |
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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. |
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10. |
STATUTORY RIGHTS |
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Nothing in this contract affects your statutory
rights. |
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11. |
MISTAKES IN BILLS |
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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. |
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12. |
RECORDS OF CONTRACTS |
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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. |
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13. |
PRIVACY |
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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. |
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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. |
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13.3 |
You have the right to ask us for a copy of your personal data,
and to correct any mistakes. |
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13.4 |
We may monitor or record calls for training or to improve
the quality of our customer service. |
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14. |
THIRD PARTY ISSUES |
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Unless the contract states otherwise in writing,
the benefit of this contract is personal to you and only you
can enforce the contractual terms. |
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15. |
SEVERABILITY & CONFLICT OF TERMS |
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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. |
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15.2 |
If you are a business, our standard terms and conditions are
to prevail over any you seek to impose. |
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16. |
FORCE MAJEURE |
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We are not liable to you for any failure to perform
our obligations due to circumstances outside our control. |
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17. |
OWNERSHIP / LATE PAYMENT |
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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. |
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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. |
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18. |
LIMIT OF LIABILITY |
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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.
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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. |
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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.
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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. |
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19. |
INTERPRETATION AND GOVERNING LAW |
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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. |
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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. |
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