MEERKAT MAIL – TERMS & CONDITIONS
Meerkat Mail (“Meerkat Mail” or the “Service”) is an email service offered through the URL www.meerkatmail.co.za (we’ll refer to it as the “Website”) that allows you to send, and manage email campaigns (each message is called an “Email”) to individual recipients. Meerkat Mail is owned and operated by Pepworths Pty Ltd t/a Meerkat Mail. Meerkat Mail has employees and sales representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
The Term begins when you sign up for Meerkat Mail and continue as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Meerkat Mail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
The Meerkat Mail service and support offering
- The Services are subject to pre-paid (pay-as-you-go) fees. The price plans are only valid for 30 days from date of purchase. If you do not use your email credits in this time period you will forfeit the remaining credits.When the pay as you go price plan is completed Meerkat Mail reserves the right to suspend your account unless you purchase pay-as-you go credits.
- Pay as you go fees are renewable as and when its needed.. Pay as you go credits expire after 30 days, but extra send credits can be purchased by purchasing pay as you go credits. In the event that pay as you go fees are changed, your fee will remain at the level at which you purchased.
- Pay-as-you-go credits are purchased at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them or until the 30 day expiration.
- Payment of your Meerkat Mail subscription can be made by direct debit, electronic funds transfer (EFT) or Visa or Master Card credit cards using Secure Pay U processing system. Fees are payable in any of the currencies available in South Africa.
- Refund Policy – Given at least 48 Hour notice in writing, Meerkat Mail may at their discretion make a full or partial refund of unused Credits for the remaining period to the Meerkat Mail
Restrictions and Responsibilities
- Meerkat Mail reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.
- You will not contest the validity of Meerkat Mail with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.
- You acknowledge that Meerkat Mail owns all rights, titles and interests in and to Meerkat Mail including any and all proprietary rights.
- Meerkat Mail may only be used in compliance with the Anti Spam Policy Act and the Popi Act and any other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Meerkat Mail against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of Meerkat Mail.
- Meerkat Mail reserves the right to monitor the newsletters created by you and your use of Meerkat Mail. we also reserves the right to remove any content or immediately suspend use of Meerkat Mail, if we believe that the use is in violation of any national or international laws.
- Meerkat Mail will automatically append an “unsubscribe” link to all outgoing email which will allow visitors to remove themselves from your mailing list. Meerkat Mail may immediately suspend your Meerkat Mail account if you make any attempt to remove or disable this link.
- Meerkat Mail will automatically append a “Powered by Meerkat Mail™” footer and link to Meerkat Mail to all outgoing email. Meerkat Mail may immediately suspend your Meerkat Mail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Meerkat Mail about the removal of the footer and link.
- Meerkat Mail will not share information you may upload (such as email addresses, name, contact information, or images) to Meerkat Mail. Your customer information will not be shared with any other 3rd parties, unless required under law. Meerkat Mail will not use your customer information for the purpose of sending unsolicited commercial e-mail. Meerkat Mail may use this information and any technical information about your use of the Services to facilitate your use of Meerkat Mail or in communications with you.
- Meerkat Mail will not distribute your email address database for any purpose and will keep your details private and secure by a SSL Certificate
- This Agreement will have a term beginning on the payment date of the first purchase of your pay-as-you-go credits. You may terminate this Agreement at any time by following the cancellation instruction available from within the application or by sending an email to firstname.lastname@example.org.
- Meerkat Mail may immediately terminate this Agreement and suspend access to Meerkat Mail without refund if you are in violation of any of terms outlined in this agreement. Meerkat Mail is not liable for any commercial damage to you as a result of it’s decision to terminate or suspend your Meerkat Mail
- Meerkat Mail reserves the right to delete any account data within 30 days after the date of termination
- THE MEERKAT MAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND MEERKAT MAIL EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.