General terms & conditions MailPlus d.o.o.
Thank you for using MailPlus!
Please read these Terms carefully. By using MailPlus or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
MailPlus is email marketing software offered through the URL https://login.mailplus.nl (we’ll refer to it as the “Platform”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients who volantary applied for receiving commercial email. MailPlus is owned and operated by Spotler Nederland B.V., a Dutch limited liability corporation. General Terms & Conditions of Spotler Nederland B.V. include Terms for usage of the Platform, which you can find below and NEDERLAND ICT Terms, which you can find here.
MailPlus d.o.o., headquarted at Ulica Grada Vukovara 284 in Zagreb – Croatia, operates as a licensed partner of Spotler Nederland B.V. and delivers services (“the Service”) including the Platform in the countries Croatia, Slovenia, Bosnia & Herzegovina, Serbia, Macedonia and Hungary to its Customers. MailPlus d.o.o. has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Customer” according to this agreement (or “you”) and have an agreement directly with MailPlus d.o.o.
In addition to the General Terms & Conditions for usage of the Platform, the following Articles apply. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
1. Closing Your Account
You or MailPlus d.o.o. may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Platform. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
3. Account and Password
You’re responsible for keeping your account name and password confidential. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
Initial setup of your MailPlus account
To enable our Team to conclude the setup on the start date of the licence agreement, all materials and approval for design and layout must be submitted at least 5 working days prior to the start date.
Depending on the product you choose you will be charged a one-time setup fee. The setup of your account will be done by an Email Marketing Expert and includes:
- Collecting all the required data through initial interview;
- Setting up the account within MailPlus;
- Inputting the key information within the account
- Design, correction and implementation of responsive custom newsletter template;
- Creating database fields and (supporting Client with) first time upload of email marketing database;
- Setting up the system of automatic messages, different forms etc. – depending on product type;
- Initial training of MailPlus;
Our Team is committed to complete the entire setup process within 15 working days from date of submitting your order form, however, your cooperation in required to accomplish this.
License fee MailPlus account
Customer is responsible for the timely submission of materials to facilitate setup. The licence agreement will come into effect on the start date specified in the order form.
Depending on the product you choose you will be charged a monthly fee. The monthly fee of your account includes:
- Unrestricted access to the online email marketing solution MailPlus and all corresponding modules, 24 hours per day, 7 days per week.
- Daily backup of all your databases
- New updates
- Data traffic
- Newsletter for MailPlus users
- Customer support
The modules that are available to you depend on the product you choose.
Duration of the licence agreement
- The licence agreement is effective on the first day of the month that follows the month in which you signed and returned the order form. In case you sign and return the order form in the last week of the month, your license agreement will be effective not the following month, but one month later.
- Access to account(s): you will be able to access the MailPlus account within 2 working days after the order form is signed and returned.
- The agreement will be valid for the period you chose in the order form and will be automatically extended each time by that same period.
- The term of notice is one calendar month.
Prepaid Consumption credits MailPlus account
Purchase your prepaid consumption credits as you go. You can purchase any amount of credits anytime you wish. Prices of credits depend on the volume of credits you wish to purchase at once. Buy your credits monthly or acquire a larger bundle of credits at lower cost for several months or even a year in advance.
5. Payment Terms
- All prices are without VAT.
- Setup fee shall be paid upon delivery of account
- License fee shall be paid by the 1st working day of the month for that month
- Prepaid Consumption credits will be transferred upon receival of payment.
- MailPlus d.o.o. observes a payment term of 30 days.
- MailPlus d.o.o. reserves the right to close the MailPlus account if payment is not forthcoming within the stated term.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Website and sending you a notification by email.
- Customer retains ownership of the customer database created under its name. Our Team will never use the database under any circumstances, nor place it at the disposal of third parties.
- Customer retains ownership of the e-mail template created by our Team in the MailPlus account.
- Customer retains ownership of all texts, visuals and other content it produces.
- Customer is expressly prohibited from copying, duplicating or modifying MailPlus software in any way and/or via third parties without prior written consent from Spotler Nederland B.V.
- Customer is expressly prohibited from making the MailPlus software available to third parties under any title (including parent companies, sister companies and/or subsidiaries of Customer).
9. Service & Support
A free telephone helpdesk support service is available to registered MailPlus users. The helpdesk is open weekdays from 8:00 – 17:00 o’clock. The user licence is person-specific. Support will only be provided to individuals who hold a MailPlus user licence and who have undertaken a MailPlus training course from our Team.
Changes to the MailPlus account
If Customer wants to change the MailPlus configuration after delivery and acceptance, our Team will charge a fee that will be determined based on the number of actual incurred hours and the applicable hourly rates. Our Team will always send a proposal for intended changes in advance.
10. Rights of our Team
- Our Team reserves the right to stop an emailing as soon as the bounce rate is above the norm. Spotler Nederland B.V. will contact MailPlus d.o.o. as soon as the bounce rate is above the norm.
- Spotler Nederland B.V. reserves the right to restrict access to MailPlus if Customer is found guilty of using MailPlus software to send Spam. Any liability on the part of Spotler Nederland B.V. for any consequential loss or damage sustained as a result of Customer sending Spam is explicitly excluded. Spolter Nederland B.V. will be entitled to recoup any loss, damages or costs it may incur or suffer as a result of Customer breaching its contractual obligations.
11. Compliance with Laws
You represent and warrant that your use of MailPlus will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
- Has complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through MailPlus.
- Has collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow MailPlus to receive and process data and send communications to that individual on your behalf.
- Agrees to indemnify and hold our Team harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
- Hereby declares that it has received acces to all General Terms and Conditions and accepts them.
MAILPLUS SOFTWARE LICENSE GENERAL TERMS & CONDITIONS
1. User licence and email bundles
Customer has unrestricted access to MailPlus software and all corresponding modules, 24 hours per day, 7 days per week. Spotler Nederland B.V. works with permanent email bundles in the MailPlus software. This means the bundles will never be removed if they have not been used within a certain period. They are valid for as Customer holds a MailPlus licence. Upon expiry of the licence agreement, the right to access the bundles will also expire. Reimbursements will not be issued for usage bundles.
2. New releases
All releases deployed of MailPlus software are automatically made available to Customer free of charge during the running period of the licence agreement between customer and Spotler Nederland B.V. or a Spotler partner.
3. Always up-to-date
All contact persons in possession of a user licence will receive up to 15 service newsletters a year from Spotler Nederland B.V. or a Spotler partner relating to MailPlus software.
4. Data traffic
The MailPlus software licence includes all data traffic generated through e-mailings, visits to your landing pages and downloads of online documents.
5. Daily back-up
To safeguard your data, daily back-ups are made of the entire MailPlus platform.
6. Specific and other conditions regarding the use of MailPlus software
Ownership of (customer) database
Customer retains ownership of the customer database created under its name. Spotler Nederland B.V. nor any MailPlus partner, will never use the database under any circumstances, nor place it at the disposal of third parties.
Quality of the (customer) database
Spotler Nederland B.V. reserves the right to stop an emailing as soon as the bounce rate is above the norm. Spotler Nederland B.V. will contact your MailPlus partner as soon as the bounce rate is above the norm.
Spotler Nederland B.V. reserves the right to restrict access to MailPlus if Customer is found guilty of using MailPlus software to send Spam. Any liability on the part of Spotler Nederland B.V. for any consequential loss or damage sustained as a result of Customer sending Spam is explicitly excluded. Spotler Nederland B.V. will be entitled to recoup any loss, damages or costs it may incur or suffer as a result of Customer breaching its contractual obligations.
Transfer of title
Customer is expressly prohibited from making the MailPlus software available to third parties under any title (including parent companies, sister companies and/or subsidiaries of Customer).
Intellectual property rights
Customer is expressly prohibited from copying, duplicating or modifying MailPlus software in any way and/or via third parties without prior written consent from Spotler Nederland B.V.
In accordance with the GDPR (General Data Protection Regulation), Customer is responsible for processing the personal data held in the database of Customer. You are responsible for determining the purpose and means of processing CBP. Spotler Nederland B.V. is always the processor. For more information, please visit https://autoriteitpersoonsgegevens.nl/.
Ownership of e-mail template
Customer retains ownership of the e-mail template created by Spotler Nederland B.V., a Spotler partner or third parties in the MailPlus account.
Ownership of content
Customer retains ownership of all texts, visuals and other content it produces.
All agreements concluded with Spotler Nederland B.V. are subject to the General Terms and Conditions of NEDERLAND ICT, as listed under number 3017480.
Customer hereby declares that it has received acces to all General Terms and Conditions and accepts them.
General Terms and Conditions of Nederland ICT – Applicable to the use of MailPlus software, a product of Spotler Nederland B.V. (Netherlands) as provided by MailPlus D.O.O. (Croatia)
The Nederland ICT Voorwaarden (General Terms of Conditions of Nederland ICT) are filed with the Chamber of Commerce under number 30174840.
The Dutch version of this document prevails. This means in event of doubt, the Dutch text shall be binding.
Please find the Nederland ICT Terms & Conditions under this link.
You will find the Dutch version of the Terms & Conditions under this link.
For more information, please contact: