Message4All, service mark of the company MagicBrain, Lda taxpayer number 513259953, with headquarters in the street of Saragossa, 22 2 º Dto. - 3000 - 379 Coimbra, that intervenes in this contract as service provider.
Client Message4All(Second Party), who is involved in this contract as the service taker.
- Under this agreement and in accordance with its termination, Message4All will provide the Second Party with digital communication and contact management services through the Message4All platform.
- The following definitions have, within the scope of this contract, the scope conferred upon them by the points in this clause:
- Digital communication: e - mail sending services, push notifications, SMS, Smart SMS and social networks;
- contact management: automatic contact handling and maintenance services
for digital communication actions, including the use of forms, questionnaires and statistical data;
- Message4All platform: infrastructure accessible via the Web to the Second Party through which Message4All provides all the services of digital communication and contact management;
- Plan of use: monthly agreement
for the sending of electronic mail and SMS messages through the platform Message4All.The agreement starts from the date on which the Second Party makes the payment of the first monthly payment and will be renewed automatically until the Second Party opts to cancel it.
(Prices and payments)
- The Message4All platform services are provided against adherence to a usage plan.The Second Party may obtain updated information on the tariff in force at any time in the virtual presence of Message4All.The usage plan and balance loading are covered by service levels(below), which determine the set of features and services available(Link to Message4All Packs).
- The usage plan applies exclusively to the sending of electronic mail, push notifications and SMS messages included in the month.Sending digital communications through other channels always requires the payment of the service
for a certain contracted period.
- The plans of use are made available after prepayment.Payment of usage plans may be monthly or higher.
- The usage plans are automatically renewed by Message4All.At any time, the Second Grantor may choose to move to a higher, lower plan or request cancellation.Any unpaid monthly fee that corresponds to a period in which the Second Party has used the Message4All platform(through the use of services or sending messages) must be paid by the Second Party before moving to a lower plan.Any cancellation of the plan will only be carried out after the expiration of the period of validity of the plan itself.
- If the Second Party changes plans before the end of the period of validity of the plan, the cost difference of the new plan will be calculated based on the full months remaining until the end of the period of validity of the original plan.
- Expenses resulting from the Internet access of the Second Party to the Message4All platform, as well as assistance by e - mail or telephone are the sole responsibility of the Second Party.
- All non - contractual services are charged according to the Message4All tariff.
- Plan renewals and non - contractual services have a payment term of 10 days from the time the renewal is issued or the non - contractual service is requested.
- All invoices will be issued by Message4All upon receipt of the corresponding payment.
- Message4All will provide the Second Party with the following services
for the execution of this contract:
- Digital communication and contact management services through the Message4All platform;
- Assistance, by e - mail or telephone, during the normal hours of work of Message4All, on the services provided.
- 2. Message4All undertakes to:
- Ensure to the Second Party that Message4All holds the full intellectual property rights(including copyrights) of the Message4All platform;
- Maintain Message4All services and platform in compliance with all international, national and local laws, rules and regulations, including but not limited to those governing advertising and marketing practices;
- Keep confidential all information regarding the data of the Second Party to which it has access.
- Message4All has its principal place of business in the territory of the European Union and is governed by the fulfillment of the European obligations of protection of personal data.As such, Message4All does not store such data in non - EU jurisdictions and will never sell, loan, or transfer personal information, contact lists, messages or any other data from the Second Party to any third party, other than a court request.Such data may only be transmitted between Message4All employees within the strict scope of their service management and administration functions.
- Message4All will store the Second Party 's Message4All account for about 30 days after the Second Party'
s last use of the account.After this period, and
if the Second Party does not reuse it, the account will be automatically deleted.Before this happens, Message4All will notify you of the email address associated with that Message4All account.
- Message4All undertakes to notify any modification in the tariff of the Message4All platform to the Second Party with thirty(30) days prior to the entry into force of this new tariff.
(Obligations of the Second Party)
- The obligations of the Second Party, in addition to those provided
for in other clauses of this contract and in the course of its regular execution:
- Send digital communications through the Message4All platform only to recipients who previously and explicitly granted their authorization to the Second Party to receive such communications;
- Comply strictly with the Message4All Anti - Spam Policy(Link to Politica Ant - Spam), with which it agrees explicitly when using the platform.The Second Party explicitly obliges itself not to exceed the limits defined below:
- Metrics Acceptable Explanation
- Hard bounces(recent)≤ 2 % Regarding the number of bounce messages in the last 15 days.
- Hard bounces(total)≤ 30 % In relation to the total number of contacts.
- Voluntary removals≤ 1.4 % People who click on the message removal button.
- Suspicious contacts≤ 10 % Ex.Known bounces, role account email addresses, addresses with certain syntax but do not exist or are never used for subscriptions.
- Spam Complaints≤ 0.08 % For more than 1000 messages delivered(however, the number of complaints per day can never exceed 50).
- Complaints of who opened≤ 1.00 % Regarding the number of openings of messages sent in the last 5 days.
- Spamtraps and complaints that the client can not justify≤ 1 A spamtrap is an e - mail address designed to identify illegal databases.
- Provide verifiable and verifiable information when identifying your company before the Message4All platform and before the recipients of digital communications of the Second Party;
- Not to commit, even in a merely attempted manner, any conduct that is intended to violate the norms and limitations of use imposed by the Message4All platform, that infringes the current legal order or that in any way damages legally protected interests or positions.
- Be responsible
for reading the regular communications sent by e - mail by Message4All or presented in the Message4All platform itself regarding news, recommendations, maintenance and other modifications in the Message4All platform;
- Keep confidential all information regarding the internal data of Message4All to which it may have access.
- Dispose of your own corporate Internet domain and authenticate it(including the insertion of CNAME) according to the instructions of Message4All
if the sending party 's reputation for any reason is reduced.
- Recognize that contact lists and the contacts themselves can not be eliminated
if any type of sending has been made to those same lists or contacts.
(Approval of senders)
- All senders used by the Second Party to send digital communications through the Message4All platform must exist, be valid and clearly identify the sender before the recipients.To ensure these conditions, Message4All submits all senders to an automatic validation process.Exceptions are mobile phone alphanumeric senders or telephone senders whose validation is performed manually by the Message4All team.
- Alphanumeric mobile phone senders may only correspond to the name of the company of the Second Party or to a mark registered by the Second Party.To validate an alphanumeric sender, the Second Party must provide Message4All with a legal document(business registration or trademark registration) that proves that such sender is the name of the Second Party 's business or that it is a trademark registered by the Second Party.
- Numerical telephone senders may only be valid numbers in use by the Second Party or the Party of the Second Party.To validate a telephone sender, the Second Party must provide Message4All with a document(telephone bill) that proves that the number is being used by the Second Party or at the premises of the Second Party.
- If the Second Party needs to validate mobile or telephone senders belonging to another company or entity, you must provide Message4All with a legal document confirming that the Second Party is authorized by that other company or entity to send communications on behalf of it.
(Warranty and risk)
- The digital communication and contact management services through the Message4All platform, provided by Message4All, do not guarantee the absence of technical failures or ability to fulfill a certain objective, whatever the circumstances.Message4All undertakes, however, to endeavor to assist the Second Party in resolving any problems or difficulties encountered.Message4All also commits itself to maintaining a service availability rate(uptime) of 99.99 % .
- The Second Party assumes all responsibility
for the use of the Message4All platform, obliging itself to indemnify Message4All
for damages resulting from improper use of the platform, and also to bear all expenses or charges that Message4All has to bear because of such use.
- The Second Party is fully responsible
for the nature, treatment and legality of the recipient databases that it uses
for digital communication actions through the Message4All platform.In the event of a complaint or litigation brought by any of the recipients of the Second Party 's digital communication actions, Message4All shall not be liable for such actions, in any event.
- If the Second Party is domiciled in Portugal, Message4All shall recommend, but shall not oblige, the Second Party to register with the National Data Protection Commission the recipient database used by the Second Party on the Message4All platform.The Second Party is fully responsible for making this registration.
- The Second Party shall keep confidential the elements corresponding to its own identification("username") and personal code("password") for access to the Message4All platform, and Message4All is not responsible
for the use that third parties, with or without the authorization of the Second Party, to make such elements.Message4All also can not be held responsible for backing up the Second Party account data on the Message4All platform if the account has been blocked or deleted.
(Term and expiration)
- This agreement shall begin as soon as the Second Party creates an account on the Message4All platform and shall remain in force until the end of the use of the Message4All services by the Second Party or if such services are revoked for non - compliance or by mutual agreement.
(Failure to comply)
- Unjustified breach of the obligations arising from this agreement, gives the counterparty, under the general terms of law applicable, the right to unilaterally withdraw from it.
- Under the terms of Decree - Law no.24 / 2014, of February 14, and of Law no.47 / 2014, of July 28, the Second Grantor shall have the right, within a period of fourteen) days, to the termination of this agreement without need of indication of the reason.The amount paid corresponding to the days on which the Second Party has not used the Message4All service provided will be refunded.The said period of 14(fourteen) days is continuously and thereafter, without interruption on Saturdays, Sundays and public holidays, from the date of conclusion of the contract(creation of Message4All account) or from the day it has been service to the Second Party.The exercise of the right to a resolution must be carried out within the periods and terms indicated above.
- Under the Message4All "30 Days - Satisfaction Guaranteed"
if the Second Party purchases a usage plan and is not satisfied due to Message4All 's exclusive liability issues, you may request the return of the purchase value up to thirty (30) days after the acquisition of this plan. This refund does not apply under the following conditions:
- breach by the Second Party of the Anti - Spam Policy of Message4All or any of the obligations of the Second Party stipulated in this agreement;
- the impossibility of delivering messages or sending them at a certain speed due to the lack of reactivity of the recipients of the Second Party or due to the automatic throttling of ISPs.
- data falsified during registration by the Second Party, in Message4All.
- misuse of the service or violation of the Message4All service rules previously known and accepted by the Second Party.
- Any costs arising from the processing of the refund will be the responsibility of the Second Party
if the refund is not applicable.
- The Second Party will automatically lose(through account blocking), without prior notice, the right and access to the Message4All services under the following conditions, not being refunded any data stored in your account or any amount already paid
for the use of the services Message4All:
- Failure to pay invoices issued by Message4All within the period stipulated in this agreement;
- Violation of the Message4All Anti - Spam Policy;
- Violation of any of the obligations of the Second Party stipulated in this agreement.
- Opening a new Message4All account(including the corresponding payment) after having breached a previous Message4All account any of the obligations stipulated in this agreement.
- If the Second Party agrees to a plan of use and fails to pay the invoices issued by Message4All within the stipulated period, the Second Party 's Message4All account will be automatically canceled.
- In the event of a dispute, the Second Party may use the Oporto Consumption and Arbitration Information Center, to which Message4All is a member.The contacts of this dispute resolution entity are here. More information on consumer rights in the Consumer Portal.
- Communications between the parties regarding the execution of this contract, in particular the request of the services, will be carried out by electronic mail, fax or postal mail.
- Message4All will regularly send messages to the Second Party about the Message4All platform(new features, service maintenance, payment notifications, etc.) through one or more of the supported channels.Message4All may also promptly send to the Second Party informational messages about actions of companies or partner institutions of Message4All.The Second Party may at any time cancel the receipt of these informational messages by clicking on the "Edit Subscription" button contained therein.
In order to resolve any issues arising from the interpretation or execution of this contract, the parties designate as competent the forum of the Coimbra District, expressly renouncing any other.
Para continuar, precisa de concordar com os nossos Termos e Condições.