Terms of Service

Vendor Information

Company Name: GetOnline Limited

Trading Name: AuthSMTP

Company Registration: 03151203

VAT Registration: GB 616 4603 53

Postal Address:

AuthSMTP (GetOnline Ltd.)
Unit 12D, Adlington Park
Adlington
Cheshire
SK10 4PZ
United Kingdom

1. Definitions

This is a plain English contract. Other than Capitalized 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.

1.1. 'Vendor' meaning GetOnline Ltd trading as AuthSMTP. GetOnline Ltd is a limited company registered in the United Kingdom (Registration No.: 03151203). AuthSMTP is the trading name of the Outbound Authenticated SMTP Service provided by GetOnline Ltd.

1.2. 'Customer' meaning the person who is entering into this agreement with the Vendor on their own personal behalf or on behalf of a company, organization or separate legal entity.

1.3. 'Applicable Laws' meaning (a) European Union Law; and (b) English Law.

1.4. 'Contract' meaning a legally binding and enforceable agreement.

1.5. 'Agreement' meaning a Contract formed between the Vendor and the Customer.

1.6. 'Terms' meaning this document, and any addenda, which collectively defines the terms of the Agreement.

1.7. 'The Website' meaning the web pages available on [https://www.authsmtp.com www.authsmtp.com] or [https://www.authsmtp.co.uk www.authsmtp.co.uk].

1.8. 'The Control Panel' meaning the web pages available on [https://control.authsmtp.com control.authsmtp.com].

1.9. 'Outbound Authenticated SMTP Service' or the 'Service' meaning the service that the Vendor will provide to the Customer. The service primarily provides the Customer with the ability to configure their computer program, application or device with a set of credentials to connect and authenticate with the Vendor network and relay messages using the SMTP protocol to one or more recipients, subject to restrictions and limitations outlined in the Terms.

1.10. 'Subscribe''Sign Up' or 'Subscribed' meaning the act of forming a new agreement between the Vendor and the Customer via email, The Website or The Control Panel.

1.11. 'Subscription' or'Account' meaning an existing agreement between the Vendor and the Customer. The primary identifier of an Account or Subscription is the Account username.

1.12. 'Account Username' or 'SMTP Username' meaning the single unique reference assigned to a Customer account for identification purposes, it is typically 2 letters and 5 digits.

1.13. 'Account Credentials' collectively meaning the Customer Account Username, control panel password, SMTP password or any other piece of data that is used to secure a Customer Account.

1.14. 'Personal Information' meaning any information relating to an identified or identifiable natural person 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.

1.15. 'Sensitive Personal Information' meaning any sensitive personal data defined as "special categories of personal data" in Article 9 of the General Data Protection Regulations (EU 2016/679). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.

2. The Contract

2.1. Eligibility

2.1.1. A Contract with the Vendor can only be formed if the Customer agrees with the following statements:

  • a. The Customer is aged 18 years or older.
  • b. The Customer agrees to be bound by the Terms of this Agreement.
  • c. If the Customer is entering into this Agreement on behalf of a company, organization or separate legal entity; they agree that they are legally authorized to do so.
  • d. The Customer agrees that they are not authorized to assume or otherwise imply acceptance of any additional terms or agreements outside of these Terms, under any circumstances, unless the Vendor provides explicit permission in writing to the Customer separately for each and every additional agreement.

2.2. Contract Formation

2.2.1. The Contract is formed by the completion of three distinct steps:

  • a. The Website or The Control Panel invites the Customer to do business with the Vendor.
  • b. An order via The Website or The Control Panel is an offer to do specific business with the Vendor.
  • c. The Contract is formed when the Customer receives acceptance of that offer from the Vendor.

2.2.2. The Vendor reserves the right to accept, refuse, or limit a Customer's order for any reason - including (but not limited to):

  • a. Payment delays or errors
  • b. Errors in product descriptions and / or pricing
  • c. Fraud prevention
  • d. Internet security

2.3. Contract Term & Termination

2.3.1. Unless the Vendor specifies otherwise, the Contract term is 12 calendar months.

2.3.2. It will begin as soon as the order and the applicable payment is received.

2.3.3. It will end at the same time and on the same date the following year unless any modifications are agreed between the Vendor and the Customer in writing or via email.

2.3.4. The Vendor endeavours to contact the Customer before the Contract termination date and invite the Customer to renew the contract.

2.3.5. If the Vendor determines that the Customer's Account is not abiding by the Terms of the Agreement, the Vendor may refuse to renew the contract.

2.3.5.1. In the event a Customer's Account cannot be renewed the Vendor will endeavour to notify the Customer before the Contract termination date.

2.3.6. Contracts can be renewed for up to 90 days after the Contract end date, after 90 days the Customer will only be able to start a new Agreement via The Website.

2.3.7. The Vendor reserves the right to immediately terminate the Contract at any time due to abuse and / or material breach of the Agreement with the Vendor.

2.3.8. The Vendor or the Customer may terminate this Agreement immediately by giving notice in writing or via email to the other, if the other:

  • a. Commits a material breach of this Agreement which cannot be remedied; or
  • b. 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.

2.4. Severability & Conflict Of Terms

2.4.1. 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.

2.4.2. If the Customer is a company, the Terms of this Agreement are to prevail over any the Customer seeks to impose.

2.5. Third Party Issues

2.5.1. Unless the Contract states otherwise in writing, the benefit of this Contract is personal to the Customer and only the Customer can enforce the Contract Terms.

3. The Service

3.1. Warranty of Service

3.1.1. The Vendor warrants that the Service will:

  • a. Be provided using reasonable skill and care; and
  • b. Be fit for normal use and stated purpose but not fit for any use which the Vendor states on The Website may be inappropriate or not permitted; and
  • c. Comply materially with the written description given on The Website.

3.1.2. It is entirely the Customer's responsibility to ensure that their equipment is correctly configured and capable of using the Service.

3.1.3. It is not technically possible to provide the service free from errors and / or faults and the Vendor does not undertake to do so.

3.1.4. The Vendor operates an online support facility to enable errors and / or faults to be reported and resolved but cannot warrant that all errors and / or faults will be corrected.

3.1.5. The Vendor does not offer customer support over the telephone or via any other voice services.

3.2. Descriptions, Availability & Pricing

3.2.1. the Service is supplied subject to availability.

3.2.2. The Vendor reserves the right to change the Service prices at any time without advance warning.

3.2.3. The Vendor endeavours to ensure the descriptions and illustrations of the goods supplied are fair, honest and accurate.

3.3. Applicable Policies

3.3.1. Acceptable Usage Policy

3.3.1.1. It is a condition of this Contract that the Customer complies at all times with the Acceptable Usage Policy.

3.3.1.2. If the Customer breaches the Acceptable Usage Policy, the Vendor is entitled to suspend or restrict the Account, cancel the Agreement and / or take action as detailed in the Acceptable Usage Policy.

3.3.2. Service Privacy Policy

3.3.2.1. It is a condition of this Contract that the Customer fulfils their obligations described in the Service Privacy Policy at all times.

3.3.2.2. The Vendor will fulfil its obligations to correctly collect, process, protect and delete any Personal Information supplied by the Customer as detailed in the Service Privacy Policy.

3.3.3. Data Retention Policy

3.3.3.1. The Vendor will fulfil its obligations to only retain data as described in the Data Retention Policy.

3.4. Anti-Virus Scanning

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

3.4.2. This feature should not be considered a replacement for running up-to-date anti-virus software on all users computers. No anti-virus system can be considered 100% effective and in no event will the Vendor be liable to any party for any direct, indirect, special or other consequential losses.

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

4. Customer Account

4.1. Mistakes In Bills

4.1.1. If the Vendor makes a mistake in any bill, the Vendor will correct it as soon as the mistake is detected and will, if appropriate, refund any money to the Customer promptly.

4.2. Records Of Contracts

4.2.1. The Vendor maintains records of all contracts and the Customer is entitled to requests a copy of any Contract between the Vendor and the Customer entered into within the last 24 months.

4.3. Ownership / Late Or Cancelled Payments

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

4.3.2. In the event that a payment is cancelled or reversed the Customer will be liable to pay the value of the original transaction plus an additional charge to cover administration and fees that may be incurred with the Vendor's payment processor. These fees will be a minimum of USD 20.00 or GBP 14.00 or EUR 16.00 per transaction.

4.3.3. Where payments on the Customer's Account are overdue, cancelled or reversed; the Vendor reserves the right to restrict access, suspend services or delay order fulfillment until payment of all amounts are made in full.

5. Customer Rights

5.1. Money Back Guarantee

5.1.1. A new Agreement can be cancelled within the first 14 days or until the Customer has sent 100 messages, whichever is sooner. After this, it will be assumed that the account is working correctly and no refund will be allowable.

5.1.2. This guarantee only covers new Agreements, it does not cover Agreement renewal or Account upgrades.

5.2. Customer Right To Cancel

5.2.1. When a Customer's Account reaches the Contract end date it will automatically cancel unless the Customer renews the Agreement prior to that date.

5.2.2. If the Account is terminated or suspended because the Customer has breached the terms of the Agreement, no refunds will be permitted.

5.2.3. The Customer can choose to cancel this Agreement before the Contract end date but no refunds will be permitted.

5.2.4. If the Customer wishes cancel the Contract early, without refund, they will need to request cancellation via the Control Panel.

5.3. Statutory Rights

5.3.1. Nothing in this Contract affects the Customer's statutory rights.

5.4. Complaints

5.4.1. If the Customer wishes to make a formal complaint they can write to the Vendor using the following details:

Customer Services Manager
AuthSMTP (c/o GetOnline Limited)
12D Adlington Park
Adlington
Cheshire
SK10 4PZ
United Kingdom.

5.4.2. The customer will need to explain the nature of the issue and provide as much detail as possible, they should also suggest what remedial action the Vendor should take to resolve the complaint.

6. Personal Information

6.1. Key Points

6.1.1. The Vendor guarantees that any Personal Information that the Customer sends to the Vendor via The Website or The Control Panel will be transmitted and stored securely.

6.1.2. Information that the Customer provides to the Vendor must be true, accurate and complete.

6.1.3. The Customer agrees to inform the Vendor of any changes to their details (contact name, address, email) by updating them using the The Control Panel.

6.1.4. The Vendor reserves the right to suspend the Account if it is believed the contact details listed on the Account are invalid.

6.1.5. The Customer agrees that they will not, under any circumstances, provide the Vendor with any Sensitive Personal Information about the Customer or any other party.

6.2. Data Protection & Privacy

6.2.1. The Vendor will use the information the Customer supplies, and information arising from any dealings with the Customer to perform the Vendors obligations to the Customer under this Agreement.

6.2.2. The Vendor will comply with any Applicable Laws in relation to the Customer's Personal Data.

6.2.3. The Vendor's data protection and privacy policies are detailed in the Service Privacy Policy and form part of this Agreement.

6.2.4. If the Customer's use of the Service requires the Vendor act as a data processor within the scope of GDPR, the Customer must agree to and sign the Vendors Data Processing Addendum.

6.2.5. The Vendor will not enter into specific custom data processing agreements with individual Customers other than the Data Processing Addendum provided by the Vendor.

7. Legal

7.1. Force Majeure

7.1.1. The Vendor is not liable to the Customer for any failure to perform any obligations due to circumstances outside the Vendors control.

7.2. Limit Of Liability

7.2.1. The Vendor does not seek to limit its liability for death or personal injury resulting from negligence or for fraud. However, the Customer acknowledges that the Service is not appropriate for use where personal injury or death could arise from use or reliance on the Service and the Customer should satisfy themselves as to the accuracy of any statements made by the Vendor or on the Vendors behalf.

7.2.2. By submitting an order request to the Vendor, the Customer agrees to accept the Terms of this Agreement and that the Vendors total liability to the Customer shall be limited to the purchase price actually paid to the Vendor by the Customer for the the Service giving rise to the liability.

7.2.3. Any information or advice is provided 'as is' and without warranty - it should be considered generic advice only and may not be appropriate to the Customer's particular circumstances, the Customer should always consult with the software / hardware manufacturer.

7.2.4. The Customer agrees that the Vendor 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 it's use or resale.

7.3. Interpretation And Governing Law

7.3.1. This is a plain English contract. Other than Capitalized 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.

7.3.2. This Contract is governed by the Applicable Laws and the Customer agrees to submit to the jurisdiction of the English and EU courts.

8. Changes to the Terms of Service

8.1. These Terms of Service are effective as of ‚Äčthe 25th of May 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

8.2. The Vendor reserves the right to update or change the terms at any time and the Visitor should check this page periodically. The continued use of the Service after the Vendor posts any modifications to the terms on this page will constitute the Visitors acknowledgment of the modifications and consent to abide and be bound by the modified terms.

8.3. If the Vendor makes any material changes to the terms, the Vendor will notify by placing a prominent notice in the Control Panel.

9. Current Version

9.1. The version reference for this document is:

TOS-1.0.1