General terms and conditions

Terms of sale

This contract is formed between Dual Technology Services – 55, rue d’Amsterdam 75008 Paris, France, registration number 498 019 298 RCS Paris, hereinafter SENDINBLUE and the CLIENT, to provide an e-mail marketing solution and related marketing services via its website www.sendinblue.com.

Dual Technology Services reserves the right to modify this agreement at any time and to communicate the changes by posting the new conditions on the website and / or by sending information to the CLIENT’s email.

YOU ARE RESPONSIBLE FOR THE REGULAR CONSULTATION OF THE SITE, IN ORDER TO BE INFORMED IN REAL-TIME OF ALL CHANGES THAT COULD BE MADE ON THE COMMERCIAL OFFERS AND SALE CONDITIONS. CONTINUING OPERATIONS AFTER THE PUBLICATION OF SERVICES AND / OR THE TRANSMISSION OF CHANGES CONSISTS AS AN ACCEPTANCE OF THESE NEW CONDITIONS.

The updated version can be accessed by clicking on the link “General Terms and Conditions” located on the website’s homepage.

You can also ask for a written and signed agreement which, in conjunction with “General Terms and Conditions” and policies of this agreement, contains the entire agreement between you and Dual Technology Services. Additional terms of this agreement supersede the written terms of this document.

Your personal information is processed in accordance with the “Privacy Policy” published on SENDINBLUE.

Customer data management

The SendinBlue service involves creating an online account; you are responsible for the personal information you provide. You agree to immediately notify SendinBlue of any changes done to this information; this information must be complete, correct and up to date. You are entirely responsible for maintaining the confidentiality of your password and access of your account. Also you are responsible for all activities that other users might do with your account.

You agree to immediately notify SendinBlue of any unauthorized use of your account or any other violation of your security. SendinBlue is not liable for any loss of information that can occur following the use of your password or of your account by anyone else, with or without the Client’s permission. However, the Client will be responsible for losses incurred by SendinBlue or any other company, caused by the use of your account or password by someone else. The use of an account without the permission of the account holder is prohibited.

SendinBlue archives all sent and received messages. Contact lists are maintained while your account is properly maintained. SendinBlue protects the integrity; confidentiality and administrative security, physical and technical, of a customer’s personal information. The Client is aware that SendinBlue may change at any time its practices and limits concerning the archiving of messages and the notification of these changes will be posted on the SendinBlue site. The Client also agrees that this service is provided solely for the benefit of the Client and SendinBlue assumes no liability for the deletion, loss, disclosure or failure to record messages and / or other communications maintained or transmitted via its Services.

Intellectual property protection

The Client or companies specializing in the sale or the rental of files, are holders of the intellectual property rights on the file and retain full, exclusive ownership of the file sent to SendinBlue under the assistance under the Act No. 98-536 of July 1 1998 transposing into the code of intellectual property of the Directive 96/9/EC of the European Parliament and Council of 11 March 1996 concerning the legal protection of databases.

SendinBlue undertakes, in an unlimited way, both during the lease term and at it’s term:

  • Not to disclose any personal data or considered as such in the file, unless prior written authorization of the Client;
  • Not to use the personal data files in any case, totally or partially, for any other purpose than the campaigns conducted by the Client, without the prior written consent of the Client;
  • To destroy all files and any copies made as part of its processing and routing after a maximum period of thirty (30) days after termination of the contract;
  • Customer authorizes SendinBlue to use the personal data file for the provision and improvement of its services

The customer agrees to comply with the provisions of Law No. 78-17 of January 6, 1978 as amended by the Act of 6 August 2004 relating to computers, files and freedoms and in particular to allow recipients to exercise their individual right to access, modify, correct or delete their personal information and undertake that the information be corrected, completed, clarified, updated or deleted if inaccurate , incomplete, equivocal, or when recipients wish to prohibit the collection or use, communication or conservation.

In this regard, SendinBlue reserves the right to suspend any email marketing campaigns that do not comply with the Data Protection legislation. The rules of conduct dictated by SendinBlue require the Client to act in compliance with the Data Protection rules prior to the release of any new campaign.

Financial conditions

The Client agrees to pay all costs of the SendinBlue service in accordance with the terms of payment for of the service entered and of your country of residence. SendinBlue has the right to change prices or to introduce new tariffs for any access to its services, unless specified otherwise by a written agreement with SendinBlue. All changes will be published by SendinBlue on the company website. If, after publication of these changes, you continue to use the services of SendinBlue and you do not request a termination of your account, you agree to observe the published tariff changes.

The amounts are prepaid in the currency in which they were charged. Your rates may be paid in advance and are DEFINITELY NOT REFUNDABLE. SendinBlue makes you pay for a credit amount or a number of subscribers. If you choose a “payment sent” (credits) you can send campaigns while the total number of contacts is lower than the remaining credits on your account. If you choose the unlimited package, the Client cannot have more subscribers than the number allowed in the package.

The prices displayed on the site are without any extra charges, they do not include VAT. Additional charges are applied depending on the Client’s country of residence and its rules.

Use of service / Customer Liability

It is compulsory for the Client:

  • (A) to purchase all the equipment and services from third parties (such as telephone and computer equipment) you need to access and use our services,
  • (B) to assume responsibility for all costs resulting from the use of your account, including unauthorized use, before having told SendinBlue of misuse and enabled SendinBlue to take suitable measures to prevent those uses.

The Client’s right to use the service is strictly personal and cannot be resold, unless specified in another contract between SendinBlue and the Client. By using the Service the Client agrees to abide by the Anti – Spam policy that applies to your operations. Marketing operations performed through SendinBlue in violation of applicable laws are prohibited; they are considered a material breach of this Agreement. As a client, you agree to abide by SendinBlue’s Anti-Spam policy.

Unlawful or prohibited uses of the services

The use of SendinBlue is conditioned to the fact that you do not use its services in any unlawful manner or manners prohibited by law or by this contract. It is forbidden to use the services in any manner which could damage, disable, or overburden the infrastructure of SendinBlue or its networks connected to any SendinBlue computer, or impact other users’ rights. It is prohibited to attempt to obtain any unauthorized access to any services, other accounts, computer systems or other networks connected to any server or any SendinBlue services through hacking or any other method. It is prohibited to use or register the name SendinBlue or any other trade name of the company without the express prior consent and without affecting the identification procedures used by SendinBlue Services.

The Client warrants that the information submitted to SendinBlue is legitimate and that the transmission of messages or documents does not violate any applicable federal, state or province law, including conduct that constitutes a crime, a violation of the rights of third parties, a challenge to civil liability or otherwise a breach of local, state or national laws. It is prohibited to use the Services to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other law relating to intellectual property without permission of the copyright holder. You agree to comply with all laws, norms or conventions, including the provisions relating to telemarketing, e-mail marketing, anti-spam, anti-phishing, data privacy, international communications, technical, and personal data export.

You are responsible for the content of your transmissions through SendinBlue and you agree that you are the content’s author, and that SendinBlue does not rent or sell email lists. SendinBlue functions as a passive medium for you to send and receive information, in your interest.

SendinBlue prohibits the use of its service or its web sites to any person or entity that encourages, promotes, provides, sells products or services related to illegal or fraudulent activities: including illegal drugs, pirated programs, assembly or creation instructions of bombs, grenades or other weapons, materials containing violence on children or that encourages violence, spam, obscenities and similar activities. This is not an exhaustive list, and SendinBlue, in its sole discretion, reserves the right to describe the activity, and can determine whether the use is prohibited, and its decision shall be final and binding for all purposes of this agreement. SendinBlue prohibits the Client’s use of the services if it determines that such content or such use violates this agreement. All information deemed illegal or contrary to this agreement that are stored on SendinBlue servers could be removed at any time without notice. SendinBlue reserves the right to remove any images that are contrary to this agreement without prior notice.

SendinBlue:

  • Does not guarantee the accuracy or the reliability of any opinion, advice or any recommendation made by its department;
  • Disclaims any liability for obscene, offensive or that constitutes harassment material that could be distributed by the CLIENT or someone else through the Client’s account;
  • Assumes no responsibility for any material distributed through its service with your account that violates intellectual property rights;
  • Assumes no responsibility for complaints about unsolicited emails sent by you or someone else using your account.

SendinBlue has the right to disclose at any time any kind of information which would facilitate compliance with all applicable laws, rules, and legal processes and meet the demands made by official bodies to ensure respect thereof. SendinBlue has the right but is not obliged to consider the content of the Client’s messages to ensure proper compliance with such a contract and applicable laws in the occurrence of a complaint. SendinBlue also has the right to perform any other action deemed necessary or appropriate, if it considers that the Client or the Client’s information may incur any liability for SendinBlue or if it may disrupt services to other customers and to yourself, or can lead direct or indirect (total or partial) loss to SendinBlue’s suppliers.

The Client agrees to indemnify and protect SendinBlue of any direct or indirect claims, loss, damages, costs, expenses or fees (including legal fees and expenses) arising from the Client’s use of the service, the Client’s violation of the conditions of this agreement, trademarks or delivery of the Client’s messages and documents through the service.

Compliance standards

Sending unsolicited messages is regulated, your email marketing is subject to the legislation of states, regions or provinces in which you operate.

As an example, but without exception whatsoever and no commitment of completeness:

  • In the U.S. the Telemarketing Sales Rule applies, Federal Telephone Consumer Protection Act, Can-Spam-Act.
  • In France the Clause L.34-5 of the Postal and Electronic Communications and Article L.121-20-5 of the Consumer Code applies.
  • In Italy the following laws apply: art. 130, Codice Privacy (“Comunicazioni indesiderate”), art. Legislative Decree 9 of 9 aprile 2003, n.70 on electronic commerce, art. 161 and art. 167, Codice Privacy, art. Codice del consumo 58, Legislative Decree 206 of 2005.
  • In Spain applies the Ley de Servicios de Sociedad de Comercio y Informaciуn the Electrуnico (LSSI), published in Boletнn Oficial del Estado (BOE) of 12 July 2002 and Ley de Datos Orgбnica of Protecciуn (LOPD).
  • In the United Kingdom in December 2003, the government introduced the Articolul 13 of the Directive on Privacy and Electronic Communications of the European Union.

If you intend to send emails to ISP which are members of CSA (list can be found here : https://certified-senders.eu/participants/ ), your newsletters need to comply to following rules :

  • Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with
  • Contact information, at least a valid telephone number or an electronic contact form, as well as email address and if there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided.

You need to follow the following rules to get the receivers’ consent to send them emails

  • Emails are only sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met. (Direct advertising of the sender’s own products or services of a similar nature; indication of the free-of- charge possibility to disallow use of the email address, both at the time of request of permission and in every usage of said email address.)
  • The consent to receive advertisements through email has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions.)
  • The receivers must give their consent actively through a conscious act. Pre clicked/pre marked boxes may not be used. In the case that permission has not been clarifed either in writing or electronically, a written confrmation is required from the address owner. The possibility to disallow the permission at any time must be clearly indicated at the time of requesting permission. The indication must also include information on how to disallow permission, and who to contact in order to do this.

Sending unsolicited messages or any message that is applicable to these laws, which are presented here as an example of references, which is made by SendinBlue services is prohibited and constitutes a material breach of this agreement.

As a customer, you agree to abide by the terms of SendinBlue’s Anti-Spam Conduct.

Ownership exclusion of warranties and limitation of liability

All programs, services, processes, designs, software, technology, trademarks and trade names, inventions including SendinBlue are owned by SendinBlue and/or its licensors and its service providers, except where specified otherwise.

SENDINBLUE PROVIDES THE SERVICE “AS IT IS” AND SENDINBLUE MAKES NO WARRANTY: EXPRESS OR IMPLIED, WRITTEN OR ORAL, BASED ON THE STATUS OF LEGAL PROCESS, PRACTICES OF COMMERCE; ANY WARRANTIES REGARDING THE SERVICE, THE DOCUMENTATION OR OTHER SERVICES PROVIDED BY THIS AGREEMENT. MALIIN EXPRESSLY DISCLAIMS THE WARRANTY OF THE AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, DURABILITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. ANY CLAIM OR CONDITION WHICH INCLUDES, BUT IS NOT LIMITED TO THE LITERATURE OF MARKETING OR STATEMENTS OF THE IMPLEMENTATION OF SENDINBLUE SERVICES WHICH WAS NOT MENTIONED IN THIS PARAGRAPH MAY NOT BE INTERPRETED AS A GUARANTEE.

SendinBlue’s responsibilities, its subsidiaries or its partners after injury, breach of contract (including fundamental breach or failure to achieve the fundamental purpose), distortion of facts, on a single case or a series of cases, may not exceed the amount paid by the Client for the services to SendinBlue that caused a complaint. SendinBlue is not liable for any punitive, indirect, incidental or special damage suffered by the Customer or any third party, including loss of anticipated revenue, loss of revenue and profits, loss of data or other economic or commercial loss.

Duration and termination

The Client can stop the subscription at any time by sending an email аt [email protected].
If you have a written agreement signed with SendinBlue, the termination clause of the agreement is written.

SendinBlue has the right to unilaterally suspend or terminate the services that SendinBlue considers are used for purposes contrary to the law or these terms. SendinBlue has no responsibility to notify any third party, including any provider of third party services, merchandise or information of any suspension, restriction or cancellation of your account. SendinBlue has no obligation to maintain any messages or other content in your account and to forward any unread or unsent messages.

Any termination of your account does not relieve you of your debts or any liability arising under this agreement prior to the effective termination. You agree that these “General Terms and Conditions” will be regulated and interpreted under the laws of Paris – France, and that through this agreement you are subject to the jurisdiction of the corresponding state, and you agree that any disputes will be tried by the Tribunal of Paris – France.

If SendinBlue determines wether the services in question are used in association with spam, SendinBlue will suspend or cancel any campaign or other applicable services with immediate effect.
SendinBlue may require the re-activating and non-refundable payment cost of € 500 to reactivate the account / campaign e-mail and / or services.
SendinBlue encourages all our customers and recipients of e-mails generated by our products and services to notify us of any spam sent from our servers.

These alerts can be sent by email: [email protected].

 

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