TERMS & CONDITIONS

DeskMail (the “Services”), a product of RedKipper Digital Media (PTY) LImited, Republic of South Africa, Registration No. 2013/123942/07 (referred to as “RedKipper Digital Media”), is a web based software application that offers businesses and website operators a software application for HTML design, email list management and statistical analysis tools. DeskMail cannot be used for and does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By creating an account or subscribing to a payment plan you agree to be bound by these terms and conditions.

The DeskMail service and support offer:

All Services are subject, without limitation, to DeskMail’s Privacy Policy and DeskMail’s Anti-Spam Policy. RedKipper Digital Media may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the terms and conditions will become effective upon those changes being made live on the www.deskmail.co.za website.

The Services are subject to monthly fees. When a free trial period has been completed RedKipper Digital Media reserves the right to suspend your account unless you sign-up for a monthly subscription.

Monthly subscriptions are billed monthly, in advance, according to the Pricing Option selected by you at sign up.

Unlimited send plans allow you to send your contacts once daily.

PayAsYouGo credits are purchased in advance at the set price for the amount you intend to purchase. These PayAsYouGo credits remain on your account until you have used them. Should you purchase PayAsYouGo credits your account will remain open as long as one (1) send credit remains on your account.

Payment of your DeskMail subscription can be made by direct debit, electronic funds transfer (EFT) or Visa or Master Card credit cards using MyGate’s processing system. If you take a monthly subscription, you are authorizing RedKipper Digital Media to charge your credit card a predetermined amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If RedKipper Digital Media is unable to deduct the monthly payment from your credit card for any reason, you will be notified via email and your DeskMail account will be suspended until payment is received.

Refund Policy – Your access to DeskMail may be suspended at any time with or without cause. If we terminate you without cause, we will refund a pro rata portion of your monthly subscription or reimburse you for unused email credits. If we terminate you for cause, there will be no refunds for any fees paid. Cause is any violation of our anti-spam or privacy policy, such as your using DeskMail to send bulk Emails to people who have not consented to receiving them or sending to a list that hasn’t been used for more than 12 months. In addition, you are responsible for canceling your account and DeskMail will offer no refund for your failure to cancel your account. When an account is terminated by DeskMail or cancelled by the client, we reserve the right to remove any emails and related data and files.

Restrictions and Responsibilities

RedKipper Digital Media 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 RedKipper Digital Media (PTY) Limited 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 RedKipper Digital Media (PTY) LImited owns all rights, titles and interests in and to DeskMail including any and all proprietary rights.

DeskMail may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all 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 RedKipper Digital Media 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 DeskMail.

RedKipper Digital Media reserves the right to monitor the newsletters created by you and your use of DeskMail. RedKipper Digital Media also reserves the right to remove any content or immediately suspend use of DeskMail, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against DeskMail by offended recipients.

DeskMail will automatically append an “unsubscribe” link to all outgoing email, which will allow visitors to remove themselves from your mailing list. RedKipper Digital Media may immediately suspend your DeskMail account if you make any attempt to remove or disable this link.

DeskMail will automatically append a “Powered by DeskMail” footer and link to DeskMail on all outgoing startup email accounts. RedKipper Digital Media may immediately suspend your DeskMail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with RedKipper Digital Media about the removal of the footer and link.

RedKipper Digital Media will not share information you may upload (such as email addresses, names, contact information, or images) to DeskMail. Your customer information will not be shared with any other parties, unless required by law. RedKipper Digital Media will not use your customer information for the purpose of sending unsolicited commercial email. RedKipper Digital Media may use this information and any technical information about your use of the Services to facilitate your use of DeskMail, or in communications with you.

You will comply with the DeskMail Privacy Policy and the Anti-Spam Policy, which may be modified by RedKipper Digital Media from time to time.

Termination

This Agreement will have a term beginning on the payment date of the first monthly or annual subscription. You may terminate this Agreement at any time by following the cancellation instructions available from within the application, or by sending an email to support@deskmail.co.za

RedKipper Digital Media may immediately terminate this Agreement and suspend access to GraphicMail without refund if you are in violation of any of the terms outlined in this agreement. RedKipper Digital Media is not liable for any commercial damage caused as a result of its decision to terminate or suspend your DeskMail account.

RedKipper Digital Media reserves the right to delete any account data within 30 days after the date of termination.

Warranty Disclaimer

THE DESKMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND REDKIPPER DIGITAL MEDIA (PTY) LIMITED AND DESKMAIL EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

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.

Restrictions on Use of Website:

You may not:
i. Copy, reproduce, republish, any part of the content in any form whatsoever;ii. Translate into any language or computer language, or create derivative works from, any content or any part of this website.