Terms of use - Sendtex

 

www.sendtex.be is an email platform that allows you to create, send and manage email newsletters. The Sendtex platform is owned by ESV Sendtex, Bosdel 54, 3600 Genk, business number BE 0887.868.120. The aforementioned is referred to as "Sendtex" in the remainder of this text.

 

Before you can use Sendtex, you agree that:

 

  1. You are 18 years of age or older;
  2. You have completed the registration process successfully.
  3. You understand and agree to the terms of use;
  4. You have provided correct and up to date contact information; and
  5. Sendtex will not be used in a way that is contrary to the letter and spirit of the laws applicable to you.

 

Sendtex reserves the right to deny access or close accounts, without recourse from the user, if it is determined that the user does not comply with these terms of use

 

Termination (closing) of user accounts

 

You and Sendtex may terminate your user account at any time by making the other party aware of this action. There is no obligation to specify a reason as to why an account is being terminated (closed).

 

If Sendtex terminates an account without giving specific reasons, Sendtex will compensate any unused email credits by payment of the corresponding amount back to the bank account of the user.

 

If Sendtex terminates an account and gives a specific reason for doing so (i.e. a violation of the terms of use), then the unused email credits will not be reimbursed.

 

If you have not made use of your Sendtex account for a period of 12 months or more, Sendtex can label your account as ’inactive’ and has the right to close the user account and permanently destroy all of the accompanying data (including sent emails and statistics).

 

 

Adjustments to the Terms of use and the Sendtex platform

 

Sendtex holds the right to, at any time, make changes to the email platform and the use there of. Sendtex may at any time make an updated version of these terms of use available on the Sendtex website.. These updated terms of use are immediately applicable to any new users of the Sendtex platform.

 

User accounts

 

You are responsible for the confidentiality of your username and password. You are also responsible for each user account that you hold with access to Sendtex. U zijt ook verantwoordelijk voor ieder gebruikersaccount waar u op Sendtex toegang toe heft. If you notice any unauthorised use of your account, you must report this to Sendtex immediately. Sendtex is not under any circumstances liable for lost or hacked passwords. Sendtex has no access to the passwords of the user accounts and for this reason can only offer a password reset service. 

 

Rights of holders of user accounts

 

Sendtex has no insight into the responsibilities and relationships within your organisation and therefore cannot be involved in discussions about ownership of a user account. You agree not to retrieve any information from an account you do not have to ownership to, in case of conflict you agree to settle the matter with the other parties involved.  For Sendtex determines who the owner of a user account is based on the substance of sent emails. If there are several people/agencies listed in the sent emails, Sendtex relies on the contact information available on the user account in question.

 

Use of email credits

 

Sendtex works with a system of email credits. To be able to send emails with Sendtex, you must have the sufficient email credits available. These credits can be purchased online via the platform.

 

If an organization is trying to send a similar newsletter from different Sendtex accounts, Sendtex can reduce the number of free credits at any time .

 

Right to monitor email campaigns

 

Sendtex holds the right to test your emails internally and copy and check them, to ensure they comply with these terms of use and legal requirements.

 

General rules of use

 

We strive to keep the Sendtex platform as functional and efficient as possible and to do so we need your assistance. Therefore, you agree that:

 

  1. No SPAM is sent via Sendtex. We consider SPAM to be - unsolicited commercial messages, virtually simultaneously sent to a large group of recipients, sent without the request of the recipients, sent without having an existing relationship to the sender, or commercial messages sent without apparent use to recipient;
  2. You will not use purchased or leased third party mailing lists;
  3. The emails will only contain material (text, photos, images, etc.) that you hold ownership or right of use over;
  4. The server space for storing pictures, images and other types of files is to be used for only pictures, images and other types of files that have been used in emails sent via Sendtex. It is not permitted to store files on the Sendtex website to which is linked from your (or other) website or from non-Sendtex emails
  5. Your use of Sendtex is in compliance with all applicable laws and regulations that apply to you and your target audience. It is your responsibility to determine whether Sendtex is a suitable platform for you in relation to the laws and regulations applicable to your target audience (such as data protection acts, HIPAA, GLB, etc.)  If you are subject to such guidelines, Sendtex can under no circumstances be held liable if your email messages do not meet said guidelines;
  6. Pornographic or sexually explicit toned emails will not be sent via Sendtex;
  7. No emails will be sent where goods or services are offered which are contrary to applicable laws and regulations;
  8. No false or misleading names, addresses, email addresses, subject line, etc. to be used in the emails;
  9. The software and other information made available for download on the Sendtex website is not used for reverse engineering purposes, decompiling, disassembly or replicate in order to develop a competing product;
  10. Emails that are created with Sendtex will not be sent via other services; and
  11. Sector and services which aren’t permitted to use Sendtex. 

 

Sendtex strives to provide the highest level of delivery statistics for all of its users. Because some sectors and services are unfortunately subject to high levels of spam content, reaching a good level of delivery statistics with our mail server could be affected. Therefore we are sadly forced to exclude a number of sectors, activities or types of services from the use of Sendtex.

 

This includes, but is not limited to:

 

  1. Escort and dating services;
  2. Providers of pharmaceutical products;
  3. Online trading and brokerage activities;
  4. Gambling activities and gambling products;
  5. Providers of loans or financial assistance; and
  6. Nutritional supplements.

 

Disclaimer

 

Sendtex only provides a platform to create and send personalised emails. The content of the emails is fully and independently determined by the user, and is therefore the full responsibility of the user.

 

Sendtex can thus not be held in any way liable for any text, pictures, images, etc. sent via Sendtex which are contrary to the applicable laws and regulations, copyright, intellectual property or which could cause any damage to third parties.

 

The user expressly agrees to indemnify Sendtex of all possible prosecution resulting from the use of the Sendtex platform and the services provided by Sendtex.

 

Sendtex can not be held liable, in any way, for the non-delivery of newsletters. For the delivery of newsletters, Sendtex is dependent on third parties. A non-delivery of a campaign will be considered as force majeure, therefore purchased credits will never be refunded.  

 

Privacy

 

The responsible, Sendtex ESV, Bosdel 54, 3600 Genk; (RPR Tongeren 0887.868.120), respects the Belgian law of December 8, 1992 regarding the protection of privacy and processing of personal data. The personal data provided by the user will only be used for the best delivery of our service. The user has the legal right to access and correct their personal data. When the identity can be proven with a copy of the ID, the user can send an e-mail to support@sendtex.com and ask for a written record of his personal data, as contained in our files. If necessary, the user can also ask to correct information that is inaccurate, incomplete or irrelevant. We treat the information of the user as confidential and will not pass, sell or rent the data to third parties; except when necessary for the proper functioning of the Service.

 

Do I have to pay 21% VAT?

Are you located in Belgium? Then we will charge you 21% VAT.

Is your company located in the EU (excluding Belgium)? If you enter your business details and a valid European VAT number, we will not charge you VAT.

If you are based outside of the EU (e.g. US) then we will not charge VAT.