Terms & Conditions

Last Updated: 6 Jun, 2021

 GENERAL PROVISIONS

Delivery Mail 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, the inquiries expense 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 Delivery Mail. 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.

 

ACCOUNT

To use the Service and manage your email marketing campaigns, you must create an individual account in the Delivery Mail 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.

 

THIRD-PARTY SERVICES

You may integrate certain third-party services with the Service.  These third-party services are not provided by Delivery Mail.  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 of your data, whether confidential or not, with the third-party service so you can take advantage of integration with Delivery Mail.  Any links to a third-party service or website that you find in the Service or on Delivery Mail websites are provided for convenience only. We do not control or endorse any material or information found on those third-party sites.

 

TECHNICAL REQUIREMENTS

We assure you that the Service will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome, and Safari web browsers.  To use the Service, you must have a device that allows you access to the Internet, have an email and a website browser installed with plugins that allow Flash technology and with “cookies,” and JavaScript enabled, and emails. You expressly agree that the quality of a file sent, posted, streamed, or otherwise published using the Service might differ from the uploaded stream to conform and adapt to standards of transferring data, connecting networks, devices, or requirements of the Service. You also acknowledge that the Webinar feature will work properly if a camera and/or microphone and a headset or loudspeaker are on and not used by another application.

 

USE OF THE SERVICE

Upon successful registration, you subscribe to the Service and agree to:

  • Observe these Terms of Service as well as the Delivery Mail Anti-Spam Policy and Privacy Policy or their amended versions and any other policy developed, published, and formulated by Delivery Mail in connection with the Service;
  • 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 Delivery Mail.
  • obtain and maintain express and valid consent of the data subject to transfer their data to Delivery Mail and to be processed to send them electronic communication by Delivery Mail on your behalf;
  • agree to indemnify and hold Delivery Mail harmless from any losses resulting from breach of the above warranties and obligations.
  • Accepting these Terms of Service, you engage Delivery Mail in processing the personal data necessary to provide you with the Service on terms and conditions stipulated in the Data Processing Agreement, which constitutes an integral part of these Terms of Service.
  • Data Processing Agreement for Delivery Mail Enterprise Clients
  • Data Processing Agreement for other Delivery Mail Clients

This Agreement is also available to download in the Client’s Account at any time.

 

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 an economy plan and a basic plan.  The current pricing offer is available at Delivery Mail Pricing. The prices reported on our website are expressed in US Dollars.

 

Access to the Service is provided to you after receiving the subscription fee calculated based on the Account plan you have chosen (pre-paid subscription).

 

You may pay for the Service using a credit card; however, please note that payment methods may vary depending on the user’s land. 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 regular price is initiated on the first day after the previous subscription’s expiration date (“recurring payment date”).  If the recurring is unsuccessful, we will retry to complete the payment transaction in the following days. If the completion of the transaction is unsuccessful, we will assume that the Service is terminated.  If the credit card you provided us expires or any credit card information changes or becomes out of date, to procure continuity and avoid Service interruptions, you authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and continue billing on the same terms as the previously provided credit card. We are not responsible for any fees charged by payment service providers.

 

We will 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.  It is assumed that a month has 30 days for settlement purposes, 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.

 

If you exceed the Subscribers List Size you purchased, the following rules will apply:

  • you will pay an additional fee for extending a relevant limit; the extra fee is the difference in the monthly price for the limitation of Subscribers that you have reached in the billing period and the limit that you have initially purchased under your Account plan;
  • if you exceed the maximum number of Subscribers offered at Delivery Mail Pricing, the additional fee will be calculated as explained in point a) above plus $ 4 for every started 1000 (one thousand) Subscribers over the maximum Subscribers List Size;
  • Suppose you are about to surpass the Subscribers List Size you have chosen and paid for by three levels, your ability to add, expense more Subscribers will be blocked. In such cases, you should contact our Customer Support Team. After we confirm that exceeding the limit does not infringe the law, our policies, or these Terms of Service, we will unblock the ability to add more Subscribers;
  • All additional payments mentioned above must be paid in the month directly following the month in which the Subscribers List Size was exceeded.
  • We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to Delivery Mail Pricing. The new pricelist applies to all new Accounts and upgrades.
  • 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 by 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 to receive payment in full as if there were no deduction or withholding.
 
 

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 right 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.

 

Some industries send certain types of content, resulting in higher than average bounce rates and abuse complaints, which may affect the deliverability of Delivery Mail’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. 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 Delivery Mail. You may not take any action that imposes an unreasonable or disproportionately large load on the website network or our service infrastructure.

 

We do not pre-screen or control a 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 the clause below), suspend Emails campaigns, block Customer’s landing page, stop Webinars, 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.

 

FAIR USAGE POLICY

 

Proper use of our Service gives good value and performance to thousands of our customers.  However, you must follow this minimal set of usage parameters so that Delivery Mail Service is uniformly good for all.

 

Please rest assured that tools and features available for your “unlimited” use are indeed “unlimited” are used by these rules.  This means that we do not impose quantity restrictions on features such as sending emails or landing pages.  However, we have defined specific parameters to ensure that excessive use of certain Delivery Mail features will not adversely affect our other customers and their campaign performance.  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 service customers.

 

Should our Compliance Team determine this, we will contact you immediately to let you know that you use the Service or part thereof excessively and give you straightforward advice on how to reduce your usage.

 

If you do not follow our advice and your service usage 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.

 

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

 

We respect the intellectual property of others, and we ask our users to do the same.  Inappropriate circumstances and at our discretion, we may disable and/or terminate the accounts of users who may be repeat infringers.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the service;
  • your address, telephone number, and Emails address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • You made a statement under penalty of perjury that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Compliance Manager, who acts as an Agent for Notice of claims of copyright or other intellectual property infringement, can be reached as follows:

Delivery Mail

Av. Chapultepec 480, Col. Roma Norte.

By Emails: support@deliverymailstore.com

Phone: +1 800 663 6549

 

You can also use our contact form.

 

 

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, in particular on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars (“Content”) are your sole responsibility. This also includes any links to other websites or resources or other third-party services that you use.  We do not claim ownership of the Content. You (or your landing page visitor/Participant) retain the all right title and interest in and to your Content. 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 may include materials subject to a 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 Emails 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 the situations above,89 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 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 your obligations 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.

 

CUSTOMER SERVICE

We provide Customer Service via Emails.  When requesting customer service or submitting the complaint, you should provide at least your account name – we do not reply or take any action based on “anonymous” support requests.  Customer Service contact details are available at Delivery Mail and within your Account under the “Support” tab.  Most customer service inquiries are responded to within 24 hours on business days.  You have the right to be advised about the processing status of your support request or complaint.

Under certain subscription plans, we offer the assistance of our Account Managers.  The rules regarding the Account Manager’s assistance are provided here.

 

CANCELLATION

You may cancel your Account at any time.  An email or phone request to cancel your Account is not considered cancellation.  To cancel the Account, please follow the instructions provided on this webpage. Please note that if you cancel your Account, your subscription will be terminated with immediate effect.  The Delivery Mail platform allows for restoring the Account (along with all data and Subscribers List) within 60 days (for Free Trial Accounts) and 90 days (for paid Accounts) from the date of its cancellation (regardless of the reasons for its cancellation). Restoration of the Account is subject to the fee payment for the next subscription period for the Service in the term above.  We reserve the right to refuse to restore the Account without reason (particularly if we canceled the Account due to our termination of the agreement or suspension of the Service).

 

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 if you violate any of these Terms of Service provisions.

 

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, and 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, specific processes that took place concerning your Account, set or planned campaigns, collected data, and other information cannot be reversed. Delivery Mail shall bear no responsibility for consequences resulting from that place.

 

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 Delivery Mail billing system charges your credit card for the initial billing period.  After that, the billing system automatically renews your Account and charges the appropriate amount to your credit card.

Cancellation/Termination: if you cancel your Account or terminate the Service for cause as specified in these Terms of Service, no additional amounts will be charged to your credit card.  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 credit card is charged for the new billing period.  For example, if we charge your credit card on August 10th and cancel your Account on August 15th, you are still responsible for paying for the entire month. No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.

 

PRIVACY

Copyright and Trademarks

The Service, Delivery Mail software, and the content included on the Delivery Mail, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Delivery Mail or its content suppliers and protected by Mexican 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 expressly provided and allowed by us.

Delivery Mail is a registered delivery mail registered in Mexico.  The trademarks 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 way that discredits Delivery Mail, its products, and/or services.

 

SERVICE ACCESSIBILITY

We do not guarantee any minimum response times or delivery times in connection with the performance of the Service.  At our sole discretion and without liability, we may 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 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.deliverymailstore.com/ website at any time without prior notice.

 

DISCLAIMER OF WARRANTIES.  LIMITATION OF LIABILITY

You acknowledge that Delivery Mail provides the Service and the website on an “AS IS” basis without warranties of any kind, either express or implied.  Particularly, Delivery Mail 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, Webinars, and Emails campaigns you send through the Delivery Mail 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 the loss of your files and/or data stored on our servers.

 

Delivery Mail IS NOT RESPONSIBLE FOR:

  • actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking advantage of login details obtained from you or in other circumstances beyond Delivery Mail’s reasonable control;
  • failure of external conditions and networks which are necessary to use the Service and are beyond Delivery Mail’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 Participant, which may affect Content quality.

To the maximum extent permitted by law, Delivery Mail, its employees, directors, officers, or representatives shall not be liable for any direct, indirect, punitive, special, or consequential damage or loss (even if Delivery Mail has been advised of the possibility of such harm), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Delivery Mail’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 Delivery Mail of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Delivery Mail to the Customer. The Customer at this moment releases Delivery Mail, its employees, directors, officers, and representatives from any and all obligations, liabilities, and claims over the limitation above.     

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 the reasonable control of the party in default or failing to fulfill their respective duties.  By Force Majeure, the Parties understand an exceptional event caused by an external factor that cannot be foreseen and 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 Delivery Mail, 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 practical of any such claim, demand, or cause of action for which we will require indemnification from you.

 

FINAL PROVISIONS

The Delivery Mail Anti-Spam Policy and Privacy Policy constitute an inherent part of these Terms of Service.  Suppose any provision of these Terms of Service or any supporting document is invalid or unenforceable under the law of any government having jurisdiction. In that case, it shall not affect the legality, validity, and enforceability of any other provisions. Such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. Delivery Mail reserves the right to change any of the conditions of these Terms of Service as well as any supporting documents at any time by posting the revised copy on Delivery Mail’s website and/or by sending an Email to the last Email address you have given to Delivery Mail. These Terms of Service and supporting documents shall be practical immediately concerning any continued or new service use unless you terminate these Terms of Service within 10 (ten) days. The most current version of these Terms of Service is available at: www.deliverymailstore.com. 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 Mexico, excluding any such rules that might direct the application of the laws of another jurisdiction.  The law of Mexico and the court of local jurisdiction of Delivery Mail shall be the governing jurisdiction.