General Terms and Conditions of DMARC Analyzer, established at Stationsplein 12-1, 1211 EX, in Hilversum, the Netherlands.
Article 1 Account Terms
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You may not use the DMARC Analyzer service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the Netherlands.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your DMARC Analyzer account.
- You must not transmit any worms or viruses or any code of a destructive nature.
Article 2 Scope
- These General Terms and Conditions are also applicable to contracts with DMARC Analyzer for the implementation of which third parties must be involved.
- If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect.
- Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with DMARC Analyzer in writing.
Article 3 Amendments
- DMARC Analyzer reserve the right to modify the Services for any reason.
- If it becomes apparent that it is necessary to amend or supplement the Services to ensure its proper implementation, then DMARC Analyzer will inform you of this as soon as possible.
- If the amendment or supplementation of the Services will have financial, quantitative and/or qualitative consequences, then DMARC Analyzer will inform you of this in advance.
Article 4 Ending of the Services
- DMARC Analyzer could terminate the Contract at any time without notice.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
Article 5 Conditions and use of the services
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DMARC Analyzer
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any DMARC Analyzer customer, DMARC Analyzer employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the DMARC Analyzer service. All material you upload remains yours.
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org
- After subscribing to our premium service and making the payment, the order will be executed within a few minutes after which the premium service will be available to you. You will be notified by e-mail of the upgrade result.
Article 6 Guarantee and support
- Technical support is only provided to paying account holders and is only available via email.
- DMARC Analyzer does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is never transferred to our servers, but only send directly (and encrypted) to our payment service provider.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- DMARC Analyzer does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the
- Service will meet your expectations, or that any errors in the Service will be corrected.
Article 7 Liability
- The use of the software is entirely at your own risk and responsibility. DMARC Analyzer is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of DMARC Analyzer.
- If DMARC Analyzer is liable for any damage, then the liability of DMARC Analyzer is limited to amount the license fee of one year or to the amount to which the insurance taken out by DMARC Analyzer gives entitlement, with the deduction of the policy excess borne by DMARC Analyzer under the terms of the insurance.
- DMARC Analyzer is not liable for damage which is caused by you by using the software for a purpose other than the purpose for which it was made available.
- If the software is used in violation with the usage instructions, DMARC Analyzer can never be held liable for this.
- You expressly understand and agree that DMARC Analyzer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- You are responsible for keeping your password secure. DMARC Analyzer cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- In no event shall DMARC Analyzer or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, DMARC Analyzer partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party
- You must report the damage for which DMARC Analyzer can be held liable to DMARC Analyzer as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.
- Any liability claim against DMARC Analyzer lapses within one year when you having become aware, or possibly reasonably having become aware, of the harmful event.
Article 8 Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway.
- The service will be billed in monthly intervals. In addition the service also can be billed once a year.
- When your billing period is over DMARC Analyzer users will be sent an invoice via email. As well, an invoice will appear on the account page of your DMARC Analyzer administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of the Netherlands , you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Netherlands billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in the Netherlands when the service is made, you must advise us immediately by email to the address provided above.
- DMARC Analyzer does not provide refunds.
Article 9 Cancellation and Termination
- You may cancel your account by clicking the button ‘Cancel subscription’ on your subscription page. Should an error occur, please contact us via email@example.com.
- After cancellation of your premium account, you still can use your free account.
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- Fraud: Without limiting any other remedies, DMARC Analyzer may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Article 10 Modifications to the Service and Prices
- Prices for using DMARC Analyzer are subject to change upon 1 month notice from DMARC Analyzer. Such notice may be provided at any time by posting the changes to the DMARC Analyzer site.
- DMARC Analyzer reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- DMARC Analyzer shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Article 11 Limitation period
- In departure from the legal limitation period, a limitation period of one year applies to all claims against DMARC Analyzer and any third parties brought in by DMARC Analyzer.
Article 12 Amendment of the general terms and conditions
- DMARC Analyzer is entitled to amend the general terms and conditions unilaterally.
- Amendments will also apply to Contract that are already concluded.
- DMARC Analyzer will inform you by e-mail about the amendments.
- The amendments to the general terms and conditions will be in force thirty days after DMARC Analyzer has informed you about the amendments.
- If you don’t not agree with the announced amendments, you are entitled to terminate the Contract.
Article 13 Applicable law, disputes
- The Vienna Sales Convention (CISG) is exclusively applicable to all legal relationships to which DMARC Analyzer is a party.
- Disputes will only be submitted to the competent court in the Netherlands, unless the law mandatorily prescribes otherwise.