1. General provisions Easy-Mails is a brand name of JoesHosting,
JoesHosting Jonasstraat 12 6165AN Geleen The Netherlands Chamber of Commerce Number: 64827364 VAT: NL-156553260B01 (“Easy-Mails”, “we”, “us”) is the service provider of the Easy-Mails Service (“Service”). The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to subscribe to the Service you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and Easy-Mails. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.
2. Service General Under the Service we provide you with:
access to a web-based platform in SaaS (Software-as-a-Service) model with tools for building, managing and hosting your mailing list,
an ability to send emails to your mailing list hosted at Easy-Mails platform,
additional features (add ons), if ordered and paid separately by you,
The detailed scope of Service features available to you under your Subscription Plan is provided in the pricing. You may use the Service to send emails only to those recipients who have permitted you to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”).
Account To use the Service and manage your email marketing campaigns, you must create an individual account in the Easy-Mails platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of your Account users (“multi-users”). Certain features of the Service enable you to specify the level at which the Service restricts access to the Account, Webinars and Content. You are solely responsible for applying the appropriate level of access.
Free Trial Easy-Mails offers a 30-day free trial version of the Service ("30-Day Free Trial"). Within the 30-Day Free Trial you may host up to 1000 Subscribers in your mailing list, and the Service is granted for 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 30-Day Free Trial to a paid version at any point. However, accounts which have not been upgraded to a paid version within the trial period or within 60 days after the trial period ends, will be permanently disabled.
Upgrade You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during your subscription period, we will align your add-on billing cycle with your Account plan monthly cycle, so that the payment dates of your services subscriptions are in line. The first time payment for the add-on will, therefore, be calculated in proportion to the number of days left to the end of the monthly cycle in your Account subscription.
Domains In connection with the provision of the Landing Pages Add-on we give you the possibility to integrate your landing page(s) either with sub-domains provided by us or with your own domains. We recommend you verifying whether the selected domain or sub-domain name infringes third party’s rights, as we cannot and do not make such verification, and we expressly exclude our liability in that scope. We reserve the right to block the domain or sub-domain, cancel or change the name of the sub-domain selected by you, in particular, if we are ordered by a court or other public authority or are forced to do so due to the infringement or a threat to third party's or Easy-Mails's rights.
Third Party Services You may integrate certain third-party services with the Service. These third-party services are not provided by Easy-Mails. Your ability to use the third party services may be limited according to the third party’s terms and conditions. When you integrate with a third party service, you authorize us to exchange any your data, whether confidential or not, with the third party service so you can take advantage of integration with Easy-Mails. Any links to a third party service or website that you find in the Service or on Easy-Mails websites are provided for convenience only, and we do not control or endorse any material or information found on those third-party sites.
We have integrated our System delivery services with third-party delivery servers, and you can use them freely for the smaller accounts. However, you cannot use these servers if you are an EU citizen, because you need to have a data processing agreement in place with the provider. We have integrated with a large amount of email delivery providers; you can choose and set up your campaigns with one or more providers .
3. Use of the Service Upon successful registration you subscribe to the Service and agree to:
use the Service for purposes directly related to your trade, business or profession;
maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
keep the secrecy of login credentials provided to you;
receive commercial information about the products and services of Easy-Mails.
If you have an establishment in the European Economic Area (EEA), or offer goods or services to data subjects in the EEA, irrespective of whether a payment is required, or monitor behavior of data subjects in the EEA, you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all to personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular, you are obliged to: clearly inform data subjects about means and purposes of the processing of personal data, including for processing in the Service;
obtain and maintain express and valid consent of the data subject to transfer their data to Easy-Mails and to be processed in order to send them electronic communication by Easy-Mails on your behalf;
agree to indemnify and hold Easy-Mails harmless from any losses resulting from a breach of the above warranties and obligations.
Accepting these Terms of Service you engage Easy-Mails in the processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.
4. Payments You are obliged to pay in due time all fees for the use of the Service according to the pricing option you have chosen. We offer monthly pricing, paid using Paypal or Bank Transfer. Access to the Service is provided to you after we have received the subscription fee calculated by the Account plan you have chosen You may pay for the Service using a credit card or PayPal (in most countries), however, please note that payment methods may vary depending on the country of the user . If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription ("recurring payment date"). If you need a (VAT) invoice, please provide us your (company) details through the ticketing system https://joewehrensdotcom.freshdesk.com. We will then issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days. The number of your Subscribers is the peak number of all Subscribers within your Account - the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Subscribers accumulated in all your campaigns in a given month, which means that Subscribers are unique within each campaign, but not within the entire Account. You will get a warning on 95% of your quota. Then you have the option to lower your subscribers, or upgrade your account We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to Easy-Mails Pricing. The new pricelist applies to all new Accounts and upgrades, and is visible within your account All fees are exclusive of taxes. Where appropriate, value added tax (VAT) or goods and services tax (GST) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT or GST purposes in your country. At our request, you will provide us with the VAT or GST registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
5. Prohibited practices, content, and industries You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Service and our Anti-Spam Policy or any copyright or other rights of a third party. This rule also applies to the Content used within the Service. To see what practices we regard as particularly abusive or illegal, please click here. There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of Easy-Mails’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Service to stream, disclose, engage, offer to sell, and promote, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, please click here. You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Easy-Mails. You may not take any action that imposes an unreasonable or disproportionately large load on the website network or other our service infrastructure. We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content (as defined in clause below), suspend email campaigns, suspend access to the Service or its part, with or without notice, at our sole discretion and subject to mandatory provisions of law, if we receive any information or have reasonable suspicion that Customer’s or Participant’s activity or the Content violates any provision of the law, our policies, these Terms of Service, third party’s rights or is otherwise objectionable. In the situations above we are not liable for the consequences of the measures taken.
To read our anti-spam policy, click here.
6. Fair Usage Policy Proper use of our Service gives good value and performance to thousands of our customers. However, it is necessary that you follow this minimal set of usage parameters so that Easy-Mails Service is uniformly good for all. Please rest assured that tools and features available for your “unlimited” use are indeed “unlimited” if used in accordance with these rules. This means that we do not impose quantity restrictions on features such as the number of sent emails. However, we have defined certain parameters to make sure that excessive use of certain Easy-Mails features will not adversely affect our other customers and the performance of their campaigns. These parameters are set beyond normal and considerate usage and thus, they will not affect the vast majority of our customers at all. You can be affected by these rules only if you use certain features on the Service excessively to the extent that such usage overloads our system and detrimentally affects other customers of the Service. Should we determine this, we will contact you immediately to let you know that you use the Service or part thereof excessively and give you a simple advice on how to reduce your usage.
If you do not follow our advice and your usage of the Service is still excessive, we reserve the right to suspend or terminate the Service in whole or in part. Each case will be decided individually and at our sole discretion.
You accept that any measures applied by us under these rules do not entitle you to any refund for the remainder of your subscription period.
7. Content All and any information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, (“Content”) are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you (or your landing page visitor/Participant) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular, the collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular, case studies. You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Public Folder) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy our demand, we will be entitled to delete such materials at our sole discretion, with no liability on our side. In situations above you will not be entitled to any reimbursement of any amount paid by you to us. If you post, upload, send, stream or otherwise make available the Content through third parties or which belong to a third party, you are obliged to adhere to such third party’s terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service. You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party’s rights.
8. Customer Service We provide Customer Service via Email, Messenger Chat or the ticket system. When requesting customer service or submitting a complaint, you need to provide the account details from your account, at least name and email within our ticketing system. Most customer service inquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
9. Cancellation You may cancel your Account at any time. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please submit a ticket Please note that if you cancel your Account, your subscription will be terminated with immediate effect. The Easy-Mails platform allows for restoring the Account (along with all data and Subscribers List) within 60 days Restoration of the Account is subject to the payment of the fee for the next subscription period for the Service in the term above. We reserve the right to refuse to restore the Account without reason (in particular, if we canceled the Account due to our termination of the agreement or suspension of the Service).
10. Termination We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service. To see what activities we particularly regard as violating our Terms of Service, please click here. Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy. We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service. Termination, suspension as well as a downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and Easy-Mails shall bear no responsibility for consequences resulting therefrom.
11. Refund policy 30-Day Free Trial: this version of our Service requires no credit card for signup. This gives you a zero-risk way to try our Service for 30 days. If you decide to upgrade at any time during the 30-Day Free Trial, the free trial ends and your Account is upgraded to a Paid Account. Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the Easy-Mails billing system charges you for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (every 360 days if you choose the annual plan) and charges the appropriate amount to your PayPal, or bank account. Cancellation/Termination: if you cancel your Account or if we terminate the Service for cause as specified in Section 10 of these Terms of Service, no further amounts will be charged to you. However, you are responsible for any amounts already charged to your credit card. Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after your account is charged for the new billing period. For example, if we charge you on January 11th, and you cancel your Account on January 15th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your Account, but the amounts already charged are not refunded.
13. Copyright and Trademarks The Service, Easy-Mails software, as well as the content included on the Easy-Mails.com website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Easy-Mails or its content suppliers and protected by Dutch, the U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us. Easy-Mails is a brand name of JoesHosting in the Netherlands The band names may not be used in conjunction with other entities' products or services in any manner that may confuse customers and potential customers, or in any manner that discredits Easy-Mails, its products and/or services.
14. Service accessibility We do not guarantee any minimum response times or delivery times in connection with the performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption. We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the https://www.Easy-Mails.com website, at any time without prior notice.
15. Disclaimer of Warranties. Limitation of Liability You acknowledge that Easy-Mails provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, Easy-Mails disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose. You are solely responsible for your use of the Service and our websites, particularly for all and any Content and email campaigns which you send through the Easy-Mails platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
Easy-Mails is not responsible for:
actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond Easy-Mails's reasonable control;
failure of external conditions and networks which are necessary to use the Service and are beyond Easy-Mails's reasonable control;
problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
insufficient or fluctuations of the bandwidth used by Customer or third-party which may affect Content quality.
To the maximum extent permitted by law, Easy-Mails, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if Easy-Mails has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Easy-Mails's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies Easy-Mails of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Easy-Mails to the Customer. The Customer hereby releases Easy-Mails, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failure to fulfill their respective obligations. By Force Majeure, the Parties understand an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties. You agree to indemnify and hold Easy-Mails, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from (i) your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or (ii) violation of any law, or of the rights of any third party by you, your landing page visitor or Participant, or (iii) your use of the third party services or integration of the Service with the third party services, or (iv) Participant’s Content and activity. We will notify you as soon as reasonably practicable of any such claim, demand or cause of action for which we will require indemnification from you.
Easy-Mails stores all data over a secure channel, data is protected by firewalls and other security measurements to make sure your data is safe with us. In compliance with the GDPR, we will send out a broadcast email, in the rare case our servers are compromised.
Easy-Mails reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Easy-Mails's website and/or by sending an email to the last email address you have given to Easy-Mails.
These Terms of Service and supporting documents shall be effective immediately concerning any continued or new use of the Service unless you terminate these Terms of Service within 5 (five) days.
Should you wish to assign rights and obligations arising from the agreement to a third party, this may only be possible with our prior consent.
This Service shall be interpreted and construed according to, and governed by, the laws of the Netherlands, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Netherlands and the court of local jurisdiction of Easy-Mails shall be the governing jurisdiction.