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Terms & Conditions

MMUNIC Ltd. Provides an on-going service of the Myreach and mmunic mail communication platform, comprising a variety of tools and resources to create, campaign, and manage customer communications as a service provided to our customer. These services include the various integrations and are specific to individual client needs. The following are the terms and conditions for use of the Myreach and mmunic mail services.

1. Acknowledgements.

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

1.1 MYREACH and MMUNIC MAIL may not be used for the sending of unsolicited email (sometimes called ‘spam’).
1.2 MYREACH and MMUNIC MAIL may only be used for lawful purposes.
1.3 Your use of the Service is subject to the Prohibited Content and Commerce Statement.
1.4 The Service will be subject to monthly fee detailed in section 3
1.5 MMUNIC Ltd will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
1.6 You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
1.7 You agree only to add, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
1.8 Every email message sent in connection with the Services must contain the MYREACH and MMUNIC MAIL ‘unsubscribe’ link that allows subscribers to remove themselves from your mailing list.
1.9 You agree to process unsubscribe requests within a 10 day timeframe
1.10 You will adopt and maintain the Email Privacy Policy, which may be modified by MMUNIC Ltd for use with MYREACH and MMUNIC MAIL Communication Platform from time to time.

2. Services and Security

2.1 The Services are provided subject to this Agreement, as it may be amended by MMUNIC Ltd, and any guidelines, rules or operating policies that MMUNIC Ltd may establish and post from time to time (the ‘Agreement’), including without limitation the MMUNIC Ltd ‘Privacy Policy’ and ‘Anti Spam’ Policy, as linked from all email generated from MYREACH and MMUNIC MAIL or otherwise furnished to you (the ‘Policy’) (unless otherwise stated, all references to the Agreements shall include the Policy). By posting updated versions of the Agreement on the www.mmunic.co.uk website, or otherwise providing notice to you, MMUNIC Ltd may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the www.mmunic.co.uk
2.2 You are responsible for maintaining the security of your account, passwords, and files at all times.
3. Fees, Payment and Duration of this Agreement
3.1 Payment for Services may be made by Direct Debit, Standing Order or, by prior written agreement only, invoice for services on 30-day terms.
3.2 Fees will become due on an agreed regular monthly date commencing the first calendar month after the date the contract was signed.
3.3 Fees are payable in Sterling unless agreed in writing to the contrary.
3.4 If MMUNIC Ltd is for any reason unable to effect payment via Bank, we will attempt to notify you via email.
3.5 The minimum term of this agreement is 12 months from the date the contract was signed, thereafter either party may terminate by giving 30-days’ notice in writing.
3.6 Services rendered must be settled on the 27th of each month
3.7 The monthly service subscription includes the amortised costs of your system set up and configuration and the design work in creating your templates. It is essential that you make the regular and timely payments for each month’s subscription during the term of your agreement. Failure to settle the monthly subscription on time and in full on any 2 occasions during the term of the service will cause the full remainder of the contracted amount to be due for payment within 30 days of the second subscription being missed.

4. Email, Image Hosting & Permission Practices

4.1 Every email message sent in connection with the MYREACH and MMUNIC MAIL Services must contain an ‘unsubscribe’ link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to MMUNIC Ltd. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact MYREACH and MMUNIC MAIL Customer Support at customer@Myreach and customer@mmunic.co.uk if you have questions).
4.3 If you have used the MYREACH and MMUNIC MAIL feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a MYREACH and MMUNIC MAIL Designer template or any other features or functionality from the MYREACH and MMUNIC MAIL Services and use them for any purpose other than sending emails from the MYREACH and MMUNIC MAIL Service.
4.5 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your MYREACH and MMUNIC MAIL Contact Manager.
4.6 Emails that you send through the MYREACH and MMUNIC MAIL Service may generate abuse complaints from recipients. As a matter of privacy, MMUNIC Ltd. cannot share with you the email addresses of those who complain about your MYREACH and MMUNIC MAIL Campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. MMUNIC Ltd, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.7 Images hosted by MYREACH and MMUNIC MAIL may only be used in connection with the Service and for no other purpose whatsoever.
4.8 You are responsible for complying at all times with the MYREACH and MMUNIC MAIL Prohibited Content and Commerce Policy.
4.9 MMUNIC Ltd, at its own discretion, may immediately disable your access without refund to the MYREACH and MMUNIC MAIL Services if MMUNIC Ltd believes in its sole discretion that you have violated any of the email and permission practices listed above, or the MYREACH and MMUNIC MAIL Prohibited Content and Commerce Policy.

5. Restrictions and Responsibilities

5.1 MMUNIC Ltd will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the MYREACH and MMUNIC MAIL Services or any software, documentation, or data related to the MYREACH and MMUNIC MAIL Services (‘Software’); remove any proprietary notices or labels from the MYREACH and MMUNIC MAIL Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
5.3 You may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by MMUNIC Ltd in connection with the MYREACH and MMUNIC MAIL Services. Violation of these restrictions may result in the termination of this Agreement.
5.4 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs
5.5 You acknowledge and agree that the MYREACH and MMUNIC MAIL, services and the MMUNIC Ltd company names and logos and all related product and service names, design marks and slogans, are the property of MMUNIC Ltd or its affiliates or suppliers (collectively, the ‘Marks’). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MMUNIC Ltd. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.6 You represent, covenant, and warrant that you will use the Services only in compliance with the prevailing laws of the United Kingdom and the country in which you are resident. You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless MMUNIC Ltd and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable lawyers’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the services. In addition, you acknowledge and agree that MMUNIC Ltd has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although MMUNIC Ltd has no obligation to monitor the content provided by you or your use of the Services, it may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.7 The Services may only be used for lawful purposes. Transmission or solicitation of any material that United Kingdom law or other laws that may apply in this jurisdiction or your local area is prohibited. For details, see MMUNIC Ltd Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
5.8 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating ‘Powered by MYREACH and MMUNIC MAIL ‘or a similar message. You agree to cooperate with and provide reasonable assistance to MMUNIC Ltd in promoting and advertising the MYREACH and MMUNIC MAIL Services.
5.9 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to MMUNIC Ltd which may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

6. Termination

6.1 You may only terminate this Agreement following 12 months after the date first written above by giving 1 months’ notice of your intention to terminate in writing to the offices of MMUNIC Ltd which will be displayed at www.mmunic.co.uk
6.2 MMUNIC Ltd will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last MYREACH and MMUNIC MAIL Campaign. We will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

7. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MMUNIC LTD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for MMUNIC Ltd to use commercially reasonable efforts to adjust or repair the Services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MMUNIC LTD OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS ‘MMUNIC LTD’) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MMUNIC LTD SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, GREATER THAN THE TOTAL OF THE AMOUNTS PAID TO MMUNIC LTD UNDER THE TERMS OF THIS CONTRACT.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MMUNIC LTD IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF MMUNIC LTD TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Export of Services or Technical Data

You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.

10. Miscellaneous

10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 MMUNIC Ltd and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind MMUNIC Ltd in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
10.5 The Agreement shall be governed by the laws of the United Kingdom
10.6 MYREACH and MMUNIC MAIL is a trade name of MMUNIC LTD.