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NewsMan TOS - Self Serve Subscription Agreement


Preamble

The purpose of this Agreement is to define the Terms of Use of NewsMan services. These terms of use, together with the policies about Privacy, Cookies and Anti Spam form the entire Terms of Use and constitute a legal and binding Agreement between You (Beneficiary, User, Client, Customer) and NewsMan (Newsman App, Service, Application, Platform, Provider, Site, We, Us). The GDPR Annex is also included in the Agreement.


By using the Newsman website and services, the Beneficiary accepts the service offer from www.newsman.com et and the Terms of Use. By ticking the box “I agree with Terms and Conditions and Anti Spam Policy”m you will be deemed to have read and accepted without reservation the current version of these Terms. Subscribing to the service by clicking the button "Pay and Activate Package" will be considered as having the same value as an electronic signature, within the meaning of article 3, point 10 of EU Regulation 910/2014, the parties granting it the same legal value as a handwritten signature.


I. The Parties of the Agreement

1.1. NewsMan (registered trademark at OSIM Romania under no. 117834) service Provider is SC Dazoot Software SRL, a limited liability company incorporated under the laws of Romania, with headquarters in 15 Theodor Aman Street, 2nd Floor, Apt No. 6, Bucharest, District 1, Postal Code: 030167, Trade Register Registration No.: J40/6234/2004, Fiscal Code/VAT ID: RO16341900, bank account RO29BTRLRONCRT0V03416901, opened at Transilvania Bank, Obor branch, Bucharest, registered as Data Controller with personal data under no. 20691, phone no.: +4031.0050870, email info@newsman.app, Mailing Address: 160 Splaiul Unirii Street, C3 Building, Wing 2, 2nd Floor, Bucharest, District 4, Postal Code: 040041.


1.2. The Beneficiary of NewsMan service is any company or individual identified by the data entered into their user or client account, used to access or order the service, information that are found on the invoice for paid plans. The invoice is an part of this Agreement.


II. Object of the Agreement and Services offered

2.1. NewsMan (registered trademark at OSIM Romania under no. 117834) service Provider is SC Dazoot Software SRL, a limited liability company incorporated under the laws of Romania, with headquarters in 15 Theodor Aman Street, 2nd Floor, Apt No. 6, Bucharest, District 1, Postal Code: 030167, Trade Register Registration No.: J40/6234/2004, Fiscal Code/VAT ID: RO16341900, bank account RO29BTRLRONCRT0V03416901, opened at Transilvania Bank, Obor branch, Bucharest, registered as Data Controller with personal data under no. 20691, phone no.: +4031.0050870, email info@newsman.app, Mailing Address: 160 Splaiul Unirii Street, C3 Building, Wing 2, 2nd Floor, Bucharest, District 4, Postal Code: 040041.


2.2. The Beneficiary of NewsMan service is any company or individual identified by the data entered into their user or client account, used to access or order the service, information that are found on the invoice for paid plans. The invoice is an part of this Agreement.


2.2.1. access to a Saas (Software-as-a-Service) web platform with features that allows him / her to:

  • create, manage and send email campaigns (newsletter / informative email) or sms or transactional mail (e.g. order or delivery confirmation, feedback collection etc.);
  • make immediate, scheduled, semi-automatic or fully automated campaign submissions;
  • build, manage and host the contact list;
  • create templates to send campaigns using the drag & drop or HTML editor;
  • use templates with predefined content, available in the platform library;
  • use and edit images / banners available in the platform library;
  • view and generate reports and statistics about subscribers' activity or sent campaigns;
  • create forms or pop-ups for subscribing to newsletter / collect contacts for emails or sms for emails or sms communications;
  • create automations (e.g. receive email with voucher after signing up to the newsletter);
  • other features: remarketing, ecommerce tracking, template reuse, resend campaign to contacts that did not initially open, send time optimization (delivery by best hour/minute), AB / MVT testing, GDPR compliance options (e.g. anonymisation, deactivation of profiling subscribers, granting consent, extensive details in the GDPR Annex, secure SSL sendings, automated actions (triggers), variables and multiple custom fields for contacts (properties), emoji support, undo/redo actions & editing history etc.;
  • integrate NewsMan with external applications (ecommerce, website, social-media, sales);

2.2.2. have assigned one or more dedicated IPs (Internet addresses identified through unique series of numbers) for email campaign sendings;


2.2.3. have assigned a dedicated domain (web address name) for email campaign sendings;


2.2.4. hardware and software administration of the service infrastructure;


2.2.5. email, chat, telephone, or online assistance knowledgebase regarding of the use of the service, including migration from other providers;


2.2.5. other software and consultancy or implementation services (e.g. template design and HTMLization, database scanning, programming extra features etc). Cost: 20 € + VAT per hour or according to custom quote negotiated for certain projects.


III. Duration of the Agreement

The duration of the Agreement depends on the chosen plan type: monthly / yearly subscription or prepaid credits. Credits validity is up to their full consumption, within maximum 6 months of purchase.


IV. Pricing and Payment Methods

4.1. For the mailing service, there are 2 types of paid plans: 1) monthly / yearly subscriptions - the price is according to subscriber list size (billed in advance for the selected period), and 2) pre-paid credits - the cost is per sending volume (1 sent email = 1 credit). Other costs: dedicated domain [for sending emails, € 10 per year) and other services according to art. 2.2 (e)]. Full details on thePricing. Prices listed do not include VAT.


4.2. Payments can be made online with credit card, via Paypal, bank transfer or Bitcoin.


4.3. Invoices are automatically issued in electronic format (PDF) and are sent to the Beneficiary exclusively by email. They are also available in the client account.


V. Validity and (re) activation of services

Free user accounts are valid until the free 5000 credits are spent, after which you need to switch to a paid package to keep the service active. Services re-activate only after receipt of payment. The validity of subscriptions (packages) starts on the day of payment and is 1 month or 1 year with automatic renewal.


VI. Refund Policy

6.1. We will refund the payments to you if we terminate the service without reason, before the paid period.


6.2. Subscriptions are active for the entire period paid in advance and are automatically suspended when they are not renewed. Payments already done are not eligible for refund, the service is terminated once the payments have ceased. Prepaid credits expires within 6 months of purchase. Payment for their invoices is not refundable. Recurring payments by credit card can be disabled by the customer at any time by accessing his / her account.


6.3. No refunds are carried out in case of violation of terms and conditions of the website or of our anti-spam policy or privacy policy.


VII. Suspension and termination of services

The Provider may suspend or terminate the service at any time if the Beneficiary violates the terms and conditions of the website or the anti-spam policy (e.g. multiple abuse reports) or the privacy policy. The service is automatically suspended if the Beneficiary has outstanding orders/invoices. The Beneficiary may request the suspension or deletion of the account by contacting the Provider or by operating these changes in his / her account. The Beneficiary can resume / reactivate the service whenever he / she needs to, by generating a new upgrade order.


VIII. The rights and obligations of the parties

8.1. In addition to the other rights set out in this Agreement, the Beneficiary has the following rights:

  • to use the NewsMan platform for sending messages in accordance with the provisions of this Agreement;
  • to use his / her contact list in the NewsMan platform in compliance with the legal provisions in force;
  • to modify customer and billing data and keep them up-to-date via his account or via email request at info@newsman.app;
  • to protect his / her access to the account by enabling enhanced security through 2-step authentication made available in the platform by the Provider;
  • to request a 10% discount if the service is inaccessible for at least 5 consecutive days for reasons attributable to the Provider. If 10 consecutive business days are exceeded, the Beneficiary may request the refund of the last month purchased.

8.2. In addition to the other obligations set out in this Agreement, the Beneficiary has the following obligations:

  • to keep account details secure (username, password) and not share this information with third parties;
  • to create sub-user accounts with restricted rights as the case may be for his collaborators;
  • to guarantee that his / her user / client and billing data is accurate and truthful;
  • is responsible for any action that happened in his / her account. If the account has been compromised, he has the obligation to promptly notify the Provider to block the access and investigate the issue.
  • to own all intellectual property rights on the content (texts, files: photo, video etc) used in messages and sent via NewsMan;
  • to make sure that the recipients want to receive the messages sent to them and / or have a legal basis for sending those campaigns;
  • not to use the service to send unsolicited messages ("Spam"), whether the purpose of their transmission is commercial or non-commercial;
  • The Beneficiary is responsible for the content of the messages sent to his / her contacts database and will be answerable to the competent authorities in case of complaints of any kind concerning the recipients of the newsletter or its content. The role of the Provider is strictly to provide a technical service for the automatic sending of the newsletter and is not liable for any subscribers’ complaints.
  • to accept the inclusion of real contact data of the company in the email, according to the laws in force;
  • to agree to include the unsubscribe link in the header or footer of the email;
  • not to prejudice the Provider through unauthorized / illegal actions;
  • to pay the invoices issued by the Provider within the agreed term.

8.3. In addition to the other rights set out in this Agreement, the Provider has the following rights:

  • to verify if Beneficiary is compliant with the provisions of the Agreement and to take the necessary measures precisely, including those set forth in art. VI.
  • to refuse to send a message of Beneficiary if the information contained is racist, xenophobic or discriminatory;
  • to modify the terms of this Agreement & paid plans and apply the updates after informing the Beneficiary about it;
  • to send communications via email to the Beneficiary regarding the Service;
  • to cooperate with third parties to fulfill the obligations of this Agreement, in compliance with the current legislation regarding service and data security and the GDPR Annex clauses;

8.4. In addition to the other obligations set out in this Agreement, the Provider has the following obligations:

  • to ensure the proper functioning and accessibility of the service for the Beneficiary according to his / her chosen paid plan or service package;
  • to ensure secure transmission of campaigns sent by the Beneficiary to the subscribers from his / her list;
  • to make available to the Beneficiary automatic links for unsubscribe and abuse report (spam);
  • to remove from the subscribers list the people who have unsubscribed or reported spam or whose email addresses are not valid;
  • make available to the Beneficiary via the user or client account, delivery reports, open rate reports, click reports, bounce reports (mails that could not be delivered);
  • to make available to the Beneficiary dedicated IP addresses or shared resources and dedicated domains (optional) for sending emails;
  • not to prejudice the Beneficiary through unauthorized / illegal actions;
  • allow the Beneficiary to download via secure link (https) the full subscriber database at the time of termination of the Agreement / Subscription / Account via the client / user account;
  • not to alienate to any third party the subscriber database provided by the Beneficiary;
  • not to use for his own purpose the subscriber database provided by the Beneficiary;
  • to notify the Beneficiary in advance of any maintenance work;
  • to remedy as soon as possible technical problems raised or reported by the Beneficiary;

8.5. The Provider and the Beneficiary will respect and comply with the General Data Protection Regulation under EU law (GDPR 679/2016) and respectively of the laws 677/2001 and 506/2004 regarding the processing of personal data and the protection of privacy in the electronic communications field. Full details about the GDPR Annex here.


IX. Intellectual property

You agree that Newsman owns all rights regarding the Service, including but not limited to intellectual property rights, and that these rights are protected by applicable laws in Romania and European Union. You agree that you will not copy, reproduce, modify or create works derived from this Service (Newsman). SC Dazoot Software SRL company, manages the wwww.newsman.com site and owns the Copyright on the texts and graphics.


X. Limitation of liability

The Provider is not liable to the Beneficiary for any direct or indirect loss, actual or potential, including indicatively and not limitatively: financial loss (loss of revenue, savings or profits) or non-financial (loss of data, loss of clientele) or any other form of loss or damage of any kind and for any reason, whether it comes from the suspension and / or termination of the Service.


XII. Major force

Neither party is responsible for the non-execution of the term / or the improper, total or partial execution of any obligation under the Agreement if the failure or improper performance of the obligation in question was caused by a force majeure event. Major force shall be notified within 5 days of production and shall be proved within 15 days by documents issued by the competent authorities.


XIII. Litigations

Any misunderstandings or disputes between the Parties resulting from the conclusion, interpretation or performance of this Agreement shall be settled amicably through direct negotiations. If after 15 days from the commencement of such unofficial negotiations, the Beneficiary and Provider fails to amicably solve a contractual dispute, each party may request that the dispute be settled by in courts. The European Commission provides a online dispute resolution platform (ODR) for the alternative resolution of out-of-court disputes on issues related to online purchasing and distance agreements. The ODR platform is available at https://ec.europa.eu/consumers/odr/


XIV. Final provisions

Acceptance of this Agreement and the use of the Newsman Platform by the Beneficiary is equivalent to the fact that the Beneficiary has read, understood and agreed to the clauses set forth in the Terms and Conditions of the Service.