Terms & Conditions

IMA MAIL TERMS AND CONDITIONS

Last Updated: 25/09/2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING IMA MAIL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE IMA MAIL & CONTACT US TO DISCUSS.

  1. Acceptance of Terms
    1. Agreement: These terms and conditions (the "Agreement") constitute a legal agreement between you ("Client") and IMA Mail ("we," "us," or "our") regarding the use of IMA Mail, including all associated features, services, and content.
  2. Service Description
    1. Email Marketing System: IMA Mail provides an email marketing system that allows clients to design and manage email campaigns and subscriber lists. Clients may also utilise our designer services to create design elements for their email campaigns. Our staff will manage the client's account, including actioning requests and managing the email sending and templating on behalf of the client.
    2. Third-Party Services: IMA Mail integrates with third-party services such as Mailgun for email delivery and Stripe for payment processing and subscription management. By using IMA Mail, clients agree to comply with the terms and conditions of these third-party services.
  3. Account Registration
    1. Account Setup: To use IMA Mail, clients must create an account through our website or as otherwise instructed by our staff. Clients are responsible for providing accurate and complete registration information and ensuring the confidentiality of their account credentials.
    2. Account Management: Clients agree that only our staff will have access to and manage their IMA Mail account, including making changes, updates, or modifications to the account and its settings
  4. Subscription Plans and Payments
    1. Subscription Plans: Clients may choose from the available subscription plans offered by IMA Mail. The details, features, and pricing of each plan are outlined on our website or as communicated by our staff
    2. Payment Authorization: By subscribing to a plan, clients authorise us to charge their designated payment method for the applicable subscription fees. Clients are responsible for ensuring that their payment information is accurate, up to date, and that they have sufficient funds available for payment.
    3. Billing Cycles: Subscription fees are billed on a recurring basis according to the chosen billing cycle, unless otherwise specified. Clients may change their billing cycle by contacting our support team.
    4. Subscription Changes: Clients may upgrade or downgrade their subscription plan by contacting our support team. Changes to subscription plans may result in a prorated charge or refund, depending on the specific circumstances and the remaining billing cycle.
    5. Cancellation: As per your contract.
  5. Client Responsibilities
    1. Compliance: Clients are responsible for complying with all applicable laws, regulations, and industry best practices in their use of IMA Mail. Clients shall not use IMA Mail for any unlawful, unauthorised, or fraudulent purposes.
    2. Data Accuracy: Clients are responsible for the accuracy, legality, and completeness of the data, content, and materials provided for email campaigns. Clients warrant that they have obtained all necessary rights and permissions for the use of any provided assets.
    3. Acceptable Use: Clients shall use IMA Mail in accordance with any usage limits, guidelines, or restrictions communicated by our staff. Clients shall not engage in any activities that may adversely affect the performance, availability, or security of IMA Mail or its associated systems.
  6. Intellectual Property
    1. Ownership: Clients retain ownership of their data, content, and materials provided for email campaigns. IMA Mail does not claim ownership over any client-provided intellectual property.
    2. Design Elements: Upon final approval and payment for a design, the client will own the intellectual property rights to the design elements created by the designer specifically for the client's email campaigns.
    3. IMA Mail IP: IMA Mail and its licensors retain all rights, title, and interest in and to IMA Mail, including all associated intellectual property rights. Clients are granted a limited, non-exclusive, non-transferable licence to use IMA Mail solely for the purposes outlined in this Agreement.
  7. Confidentiality
    1. Confidential Information: During the course of using IMA Mail, clients may have access to confidential information, including but not limited to proprietary technology, trade secrets, and business processes. Clients agree to treat such information as confidential and shall not disclose or use it for any purposes other than those explicitly authorised by this Agreement.
    2. Exceptions: The confidentiality obligations shall not apply to information that is publicly available, rightfully obtained from a third party, or required to be disclosed by law.
  8. Privacy and Data Security
    1. Privacy Policy: Our privacy practices are outlined in our Privacy Policy, which forms an integral part of this Agreement. Clients agree to the collection, use, and disclosure of their personal information in accordance with our Privacy Policy.
    2. Data Security: We take reasonable measures to protect client data and maintain the security of IMA Mail. However, clients understand and acknowledge that no system is completely secure, and we cannot guarantee the absolute security of client data.
  9. Limitation of Liability
    1. Disclaimer of Warranties: IMA MAIL IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF IMA MAIL.
    3. Total Liability: IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SUBSCRIPTION SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
  10. Termination
    1. Termination by Client: Clients may terminate this Agreement by cancelling their subscription in accordance with the cancellation provisions outlined in their specific contract.
    2. Termination by IMA Mail: We may suspend or terminate a client's access to IMA Mail if there is a violation of this Agreement or if we determine, at our sole discretion, that the client's use of the service poses a risk to the integrity, security, or reputation of IMA Mail or its associated systems.
  11. Modification of Terms
    1. Amendments: We reserve the right to modify or update these terms and conditions at any time. Clients will be notified of any material changes, and continued use of IMA Mail after such notification shall constitute acceptance of the modified terms.
  12. Governing Law and Jurisdiction
    1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England.
  13. Entire Agreement
    1. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the parties regarding the use of IMA Mail and supersedes any prior agreements, understandings, or representations, whether oral or written.
  14. Contact Information
    1. If you have any questions or concerns regarding these terms and conditions, please contact us at hello@imamail.co.uk.