The Legal Stuff
General
By using SendyHost, accesing the web or signing up for an account (free trial or paid account), you’re agreeing to these Terms. This is a legal agreement.
If you do not agree with this terms or you do not understand them you should not use our services. You can contact us to clarify any term.
SendyHost (“SendyHost” or the “Service”) is an email service offered through the URL sendyhost.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 and to contract a managed host service to have your own email service installation.
As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you” or “Member”).
Ownership
- SendyHost is the trading name of Ángel Fernández Plaza.
- SendyHost.com is owned by Ángel Fernández Plaza (“SendyHost” “we,” or “us”).
- Angel Fernández Plaza is a sole trader located on London, UK.
- SendyHost has independent contractors, and representatives (“our Team”).
Privacy Policy
Privacy agreement can be found on this page.
User Requirements and obligations
- Age: For using SendyHost services you must be at least eighteen (18) years old and able to enter into contracts. If you are using SendyHost as a company you must have permissions from the company to do it.
- You must provide true, complete, and up to date contact information.
- By using SendyHost, you represent and warrant that
- By using SendyHost, you represent and warrant that you meet all the requirements listed above, and that you won’t use SendyHost in a way that violates any laws or regulations.
- SendyHost may refuse service, close accounts of any users, and change eligibility requirements at any time. (We expect not to use this but you never know).
Password and Account
You’re responsible for keeping your account name and password confidential and secure. You’re also responsible for any account that you have access to, whether or not you authorized the use. 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.
Payments
Monthly Plans
The monthly plans are prepaid subscription plans charged to a credit card in advance that allows you to use the service the next month after the day of payment (Pay Date).
Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
The pricing for the plans are found on the princing page and can be change anytime.
Changes on pricing
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.
Normally we will keep the actual pricing to our clients with an active subscription if we decided to change the prices. We will inform you by email to your contact email if such changes happen.
Credit cards
As long as you’re a Member, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Refunds
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms.
You won’t be entitled to a refund from us under any other circumstances. We may offer a refund to a Member if we decided that we failed on provide the service as expected.
Tax
SendyHost prices are VAT exempt: HMRC Reference Notice 700/1 (Apr 2010) and 700/11 (Apr 2013).
Use rules and responsability
You must comply with the no-spam policy that can be found in this page.
Bandwidth Abuse/Throttling
You may only use our bandwidth for your SendyHost emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion and we could suspend or terminate your account.
Liability
Third Party Services
Some of the services we provide at SendyHost are available through third party cloud services and applications. All third party content is provided to you “as is” and your use thereof my be subject to change and/or removal at any time beyond the control of SendyHost.
SendyHost shall under no circumstances whatsoever accept liability resulting from your use of any such party services and/or content.
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.
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 particular purpose. Since people use SendyHost for a variety of reasons, we can’t guarantee that it will meet your specific needs.
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.
Service Level Agreement
As we are an intermediate for other hosting providers we cannot offer any SLA compensation. We will try to ensure that the Services is provided and we will focus on provide the highest uptime we can, but it is not guaranteed.
Some other third party infrastructure providers SLAs:
- Click here to view DigitalOcean SLA.
- Click here to view Linode SLA.
- Click here to view Amazon EC2 SLA.
- Click here to view Cloudways SLA.
Intellectual Rights
SendyHost rights
You will respect our proprietary rights in the Website and the software used to provide SendyHost (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
User Rights
You represent and warrant that you either own or have permission to use all of 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.
Other Rights and Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
This is NOT the official website nor the official hosting of Sendy. the official website can be found at http://sendy.co.
All other trademarks and brand logos are the property of their respective owners
Notices and contact
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at this address:
SendyHost
Ángel Fernández Plaza
41 Arthur Road
St. Albans, AL1 4SZ
UK
Entire Agreement
These Terms, our Privacy Policy, Acceptable Use Policy (the former NO-SPAM Policy), and any additional terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
If you have any questions you can contact us here.
