Terms of Service

 

This agreement ("Agreement") between Internet Promotion Services, ("IPS India") and Customer governs the provision of IPS India's Email Marketing Services (the "Services"). This Agreement is effective once Customer signs up for Services through the IPS India and governing websites.

By signing up or using our services, each customer agrees to comply with the terms of service listed below.

 

Account activation

We provide instant account activation for our Email Marketing Services. Mostly accounts are activated within 4 hours in most cases however at times we may need up to 48 hours to activate the service. This is the time taken by our moderators to check the authenticity and prevent it from the spammers. If you require a custom setup we may need more time to deliver it from our vendor.

Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.

 

Payments

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. IPS India provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period, IPS India will temporary suspend services until the invoice is paid in full. IPS India will terminate Services not paid in full 15 days after the Services have been suspended.

If you want your account to be re-activated after it has been terminated for non-payment you will need to pay all renewal invoices since the suspension and a one time $30 reactivation fee. We will try to restore your data from backups but you may need to re- create manually. Such reactivation is only possible when we still keep a backup of your data on our backup servers.

Invoices that have been paid more than once because of multiple PayPal subscriptions or multiple manual payments, cannot be refunded. They overpaid amount will be added as credit to your account which can be used to pay for future invoices.

 

Payment Defaulters

IPS India reserves the right to obtain the ownership of the User's Data who fails to pay any of the Invoice within a given time frame. Once the rights of User's Data is occupied by IPS India; IPS India or its affiliates can use the User's Data or sell the User's Data to the public. Any harm caused by any activity done on the User's Data will not be the responsibility of IPS India and its affiliates.

 

Contact information

Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. IPS India recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

 

Cancellation

Cancellation requests need to be placed via a written e-mail before the generation of the Invoice. Cancellation requests sent via Live Chat and Phone will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed. Before cancellation, all the pending Invoices has to be paid.

 

Responsibility

Customer is responsible for the content uploaded to his account. Customer is responsible for the actions of his customers using accounts within our servers and network. In case IPS India's terms of service are violated, IPS India will suspend the account violating the terms and will notify the Customer via the e-mail on file.

IPS India will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service in his own risk.

 

Acceptable usage and prohibited actions

IPS India reserves the right to monitor the newsletsters created by you and your use of Email Marketing. IPS India also reserves the right to remove any content or immediately suspend use of Email Account, if it believes that use is:

1) in violation of any national or international laws;

2) constitutes pornography; or

3) is excessively violent or contains harassing content or hate speech;

4) improperly exposes trade secrets or other confidential information of another person;
or

5) is otherwise malicious, fraudulent, or may result in retaliation against Our Email Marketing Services by offended recipients.

Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated.

IPS India will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. IPS India may immediately suspend your account if you make any attempt to remove or disable this link.

IPS India will automatically append a "Powered by" footer and link to IPS India to all outgoing email. IPS India may immediately suspend your account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with IPS India about the removal of the footer and link.

You will comply with the Privacy Policy and the Anti-Spam Policy, which may be modified by IPS India from time to time.

IPS India can use the Name and Logo of all its subscribed users to show as their clients in our website or other marketing materials. 

Customer is responsible to keep their accounts up to date and secure at all times. A strong password must be used.

 

Backups

Customer agrees to use IPS India's backups on his own risk. IPS India doesn't guarantee the existence of backups at all times and recommends the Customer to store their own backups at all times.

 

Communication with us

IPS India communicates with their clients politely and with respect. The same is expected from our clients.

While we all try to get along sometimes that's a challenge. Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding we too are human, please treat us as such. *looking at you angry guy*. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications.

If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, a fee of $100 will be generated and all his services be disabled until the fee is paid in full.

Confidentiality clause

The data entrusted by the subscriber to IPS India is confidential.

As a professional supplier of services for the transmission and receipt of electronic messages using its Internet-based platform, IPS India shall take care to guarantee the non-use of the data provided in any context other than that strictly envisaged in the present contract or in accordance with the subscriber’s instructions.

In order to ensure the sustainability of the business, IPS India shall take particular care to do everything possible to avoid all use, distribution or publication of the subscriber’s data without their consent.

No information shall be communicated to third parties without the agreement of the subscriber.

Certain information provided shall be copied for back-up purposes only and archived for a period of one year.

 

Responsabilities of the co-contracting parties

IPS India has a duty of care in respect of the performance of the services ordered by the subscriber. The responsibility of IPS India cannot be invoked in the event of the marketing or other objectives pursued by the subscriber not being attained.

The parties to this contract are and shall remain independent contracting parties.


The subscriber carries out their activity with no hierarchical relationship and freely manages their marketing activities.

The subscriber supplies, approves and personally takes sole responsibility for the content of the messages sent. The responsibility of IPS India cannot therefore be invoked as a result of action or claims made by its co-contracting party or by third parties.

In a non-exhaustive manner, IPS India is consequently not responsible for the sending of information, images, sounds, text or video clips which infringe the legislation and regulations in force in the area of emission or are harmful to third parties, or for the unsolicited and repetitive sending of e-mails of any kind known as “spam”, or for the infringement of intellectual property rights relating to published works, etc.

The subscriber undertakes to guarantee IPS India against any possible conviction connected with the use by the subscriber of the platform and the services provided.

The subscriber also declares that they are fully aware of the limits of the Internet tool and that, consequently, IPS India cannot be held responsible for difficulties with access to the server due to saturation of the networks or any deviation of the subscriber from passwords, access codes and data.

IPS India assumes its responsibility for damage caused to third parties by IPS India’s own action only. IPS India is solely responsible for the costs connected with its activity, including the costs of equipment, offices, personnel, travel, secretarial services, assistance, etc.

 

Account Up-gradation

IPS India do free upgrades of accounts you want moved to some other plan. We do not guarantee the quality of such transfers and you must verify if your account was upgraded correctly. If something is wrong with the account after the up-gradation or it wasn't upgraded correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that.

 

Zero tolerance SPAM policy

We have a zero tolerance against SPAM and strictly follow the guidelines under CAN- SPAM Act of 2003. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server.

Purchased mail lists, opt-in lists will be considered SPAM.

IPS India reserves the right to charge a clean up fee the Customer who sent unsolicited e- mail which caused the IP of our server to be blacklisted for sending SPAM.

 

Overselling for reseller accounts

All reseller hosting accounts are activated with overselling disabled by default. We can enable overselling for reseller accounts on request however you will be limited to the number of accounts you can create.

 

Uptime guarantee

If your server had downtime, we will issue a refund of email credit as noted below.

• 99% - 0% credit

• 95% - 10% credit

• 90% - 20% credit

• 85% - 30% credit

• 80% - 40% credit

• 75% - 100% credit

Please note that scheduled downtime is not counted as 'real downtime' and you will not get a refund for it. In order to get a refund, you will need to open a ticket with our billing department and claim the downtime by including logs and other details you feel relevant.
The credit will be applied to your account within 7 days after your claim is approved.

 

Limitation of Liability

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney's fees, directly arising from a material breach of this agreement by the other party.

 

Changes to the terms

IPS India reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates.


In case of questions or query's feel free to click on Live Chat link available on the Top right of your screen.


Home | About Us | Our Services | Clients | Careers | Contact Us | Sitemap
© 2011 Internet Promotion Services. All rights reserved.

Valid CSS!

Valid XHTML 1.0 Transitional