Terms Of Services

EmailCrafts by Splash Solutions Terms of service

Legal

Using EmailCrafts by Splash Solutions or signing up for an account, you’re agreeing to these TermsThese TERMS OF SERVICE (this “Agreement “or “Terms”) is made between EmailCrafts by Splash Solutions. (“EmailCrafts”) and you, or, if you represent an entity or other organization, that entity or organization (“Customer” orin either case “You”).

EmailCrafts by Splash Solutions (“EmailCrafts” or the “Service”) is a mass mailing service offered through the URL www.emailcrafts.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients.

By using the Service, you are acknowledging that You have read and have agreed to these Terms, so please read them carefully. We reserve the right to update these Terms from time to time without notice. Any changes that we make will become part of these Terms when we make them. So, please review these Terms periodically. If you cannot agree to these Terms, or to our Privacy Policy, please do not use the Service. And if You have any questions about them, don’t hesitate to contact us at info@emailcrafts.com

Account

  1. Eligibility

To use EmailCrafts, you must:

  • be at least eighteen (18) years old and able to enter into contracts;
  • complete the registration process;
  • agree to the Terms;

and

  • provide true, complete, and up to date contact information.

By using EmailCrafts, you represent and warrant that you meet all the requirements listed above, and that you won’t use EmailCrafts in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) EmailCrafts may refuse service, close accounts of any users, and change eligibility requirements at any time.

  1. Terms

The Term begins when you sign up for EmailCrafts and continues if you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for EmailCrafts on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

  1. Termination and Suspension

EmailCrafts 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 services. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable User Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. 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.

  1. Modifications to this Agreement

EmailCrafts may modify this Agreement and any of the Policies at any time by: (a) posting the revised version on the Site; (b) asking You to re-verify Your login credentials; (c) electronically sending You a link to the modified Agreement or Policies; or (d) through other reasonable means.  Your continued use of the Services after EmailCrafts has notified you in one of the above manners will be deemed to constitute Your acceptance of any such modification, provided that: (A) with respect to Free Subscriptions, such modifications will apply retroactively to the inception of Your access to or use of the Site or Services unless expressly prohibited by applicable law; and (B) with respect to Paid Subscriptions, such modifications will (i) not modify any financial terms in the then current Order for the initial Term thereof and will apply only to future Terms or Orders; (ii) apply only prospectively and will not affect any prior rights You may have; and (iii) not be construed to modify any other terms or conditions in any material manner during the then current Order for the initial Term thereof (any such material modifications will apply only to subsequent Terms or new Orders).  In addition to the above, all modifications to this Agreement or any of the Policies will be effective immediately upon posting for all Orders subsequent thereto, unless otherwise provided.

  1. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether you authorized the use or not. 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.

  1. Database Access

EmailCrafts have accumulated and segmented, email address database/s by subscriptions to its services and from publicly available information. You may request EmailCrafts to send your email to these addresses or provide your own list of subscribers to send emails using our service.  As for the EmailCrafts Privacy Policy, information about its subscriber’sdatabases will not be disclosed to any third party or entity which uses EmailCrafts services for marketing purposes.  The EmailCrafts email address databases are not available for sale or rent, but may be used solely to send email as a service to EmailCrafts subscribers and interest groups or to those who may be interested to receive such emails or benefit by receiving such email.

  1. Email Marketing Campaigns

EmailCrafts may use it own Mail Transfer Agent, dedicated IPs, shared IPs or even third-party bulk email sending services to distribute or broadcast your emails. EmailCrafts may send a maximum of 300,000 emails per a single event over a period of 30 days or maximum of 700,000 emails for two events over a period of 30 days and 1,500,000 emails for four events over a period of 30 days. The maximum limit of emails sent per event could be to a selected or random list of email address from EmailCrafts database/s or to a databases of email addresses provided by its customers, or by using EmailCrafts database and customer’s own database in combination, but limited to event specific numbers of emails.

End of campaign date of events will be communicated to the customer before the commencement.

All event campaigns will commence only after receiving final notice from client to its accuracy and relevancy of its content including text, image and hyperlinks contained in the email and if, directed or linked to another source, the accuracy and relevancy its content including text, image and hyperlinks contained therein is verified and confirmed.

The campaign is deemed have commenced immediately such final notice is received and considered as executed notwithstanding the number of emails sent out to any given date.

  1. Termination, Cancellation, Pausing or Halting of Email Campaigns

The customer may terminate, cancel or pause an email campaign by communicating with EmailCrafts. In the event customer decide to terminate or cancel a campaign EmailCrafts shall consider the campaigned event as completely executed. In the event customer decide to pause or halt a campaign. EmailCrafts is not responsible to continue such campaign or send the remaining balance of number of emails the package is entitled, but reserve the right to abandon such campaign or continue sending the emails until the end date of the campaign. In such event the number of emails sent related to the campaign does not apply.

Payment

  1. Service Fees

All payments shall be paid in advance.

  1. Refunds

Refunds are available only before a campaign is started but subject to deduction of service charges which include, administrative, technical and design services.  EmailCrafts shall charge Rs. 2,500/= as its expenses per event and refund the remaining balance.

  1. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Rights

  1. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide EmailCrafts (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

  1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

  1. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  1. Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

Rules and Abuse

  1. General Rules

You promise to follow these rules:

  • You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
  • You won’t use purchased, rented, or third-party lists of email addresses.
  • You won’t violate our Acceptable Use Policy, which is part of this Agreement.

and

  • If you use our API, you’ll comply with our API User Policy.
  • If you violate any of these rules, then we may suspend or terminate your account.
  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a EmailCrafts user, please report it to our team.

Liability

  1. Limitation of Liability

In no event will EmailCrafts be liable for any indirect, incidental, special, exemplary or consequential damages, however caused, under any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), arising in any way in connection with or out of the use of the sites, services (or any EmailCrafts content provided through the sites or services), even if EmailCrafts has been advised of the possibility of such damages, including, without limitation, any loss of data, opportunity, revenues or profits, business interruption, or procurement of substitute goods or services.  EmailCrafts total cumulative liability relating to this agreement and all services provided under this agreement, whether in contract or tort or otherwise, will not exceed the fees paid to EmailCrafts hereunder in the for a single event, preceding any such initial occurrence of liability (or, if no such fees have been paid, LKR.1000/=).  You agree that the fees reflect the allocation of risk set forth in this agreement and acknowledge that EmailCrafts would not enter into this agreement without these limitations on its liability.

  1. In jurisdictions where limitation of liability for consequential or incidental damages is not permitted, EmailCrafts liability is limited to the maximum extent permitted by law.  For clarity, EmailCrafts will not be liable, and will have no obligation to indemnify you,
  2. forsensitive data sent to EmailCrafts;
  3. violation of any law by EmailCrafts when acting at your or any OEM user’s (as applicable) direction;

the sending by EmailCrafts of your or any OEM user’s (as applicable) emails, including any claims against EmailCrafts due to your or any OEM user’s (as applicable) sending or data collection practices or your content.

  1. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a purpose. Since people use EmailCrafts for a variety of reasons, we can’t guarantee that it will meet your specific needs.

  1. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

  1. Disclaimers

We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.

  1. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Notices

Your routine communications to EmailCrafts regarding the Services should be sent to your account team using the customer portal. To give a notice regarding termination of the Agreement for breach, indemnification, or other legal matter, you must send it by electronic mail and first-class post to:

EmailCrafts by SplashSolutions
#314, Sanwick Plaza,

Wakwella Road

Galle- 80000

Sri Lanka.

EmailCrafts routine communications regarding the Services and legal notices will be posted on the customer portal or sent by email or post to the individual(s) you designate as your contact(s) on your account. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.