Interpretation
In these terms and conditions unless the context otherwise requires:
"Terms" means these terms and conditions
"Anti-Spam Policy" means our current anti-spam policies
"Company" means Circlesquare Solutions Ltd
"Service" means Kite provided by Circlesquare Solutions Ltd
"Subscriber" means yourself or the company you represent
"User" means yourself or the company you represent, and any entities granted access to Kite via your account
Usage
By the User using any portion of the Service, which includes any and all services provided for email marketing purposes, the User is accepting the Terms provided herein. If you do not agree with these Terms or Anti-Spam Policy for any reason, you are asked not to use the Service. Use of the Service indicates you accept these Terms and the Anti-Spam Policy. The Company reserves the right to update or modify these Terms and Anti-Spam Policy at any time without notice. For the most recent, official Terms or Anti-Spam Policy, refer back to this page at any time.
The Service may not be used for the sending of unsolicited e-mail (sometimes called "spam").
Billing, Renewal and Suspension
As a paid or unpaid account holder, the Company grants you a limited license to access and use the Service. The Company reserves the right to terminate this license at any time for any reason. This right will generally be practiced when abuse of the Service or nonpayment has been determined.
The Company charges and collects for use of the Service. The payment amount is determined by the number of recipients per campaign sent by the Subscriber and any fixed costs. Payment amount will be calculated from the Service schedule of fees and charges or 'as quoted'. The Company reserves the right to modify the schedule of fees and charges at any time, and any such change will come into effect immediately for new and existing subscribers.
Where the Subscriber is responsible for payment, the Subscriber will be invoiced in accordance with the schedule of fees and charges in force at that time, excepting the case where the Subscriber is subject to a quotation or a written pricing agreement signed by a Director of the Company. Any such negotiated pricing terms are confidential and may not be disclosed to a third party.
If the Subscriber believes an invoice for the Service is incorrect for any reason, the Subscriber must contact the Company within 30 days of their sent campaign in order to be eligible for an adjustment or credit.
The Subscriber hereby acknowledges and accepts that the Company may exercise, at their discretion, service cancellation for delinquent accounts. The Subscriber is responsible for ensuring their continuance of their account and compliance with this agreement.
Indemnity
The Subscriber agrees to indemnify, defend, and hold the Company harmless from and against any and all claims, liability, losses, costs, and expenses (including legal fees) incurred in connection with any use or alleged use of the Service.
Disclaimer of Warranties & Limitation of Liability
The Company does not warrant that the service will be uninterrupted or error free; nor does the Company make any warranty as to the results to be obtained from use of the Service. The Service is provided on an "as-is, as-available" basis. The Company does not make any warranties of any kind, either expressed or implied warranties of merchantability or fitness for a particular purpose.
The Subscriber is solely responsible for the use of the Service by the User. Under no circumstances will the Company be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages.