1. DEFINITIONS AND INTERPRETATION
1.1 “SA Email Marketing”, “us” “our” or “we” refers to the owner of this website and/or any companies it may be affiliated with.
1.2 “Client”, you”, “your” and “user” as used herein refer to the user or viewer of this website.
1.3 “Website” means the SA Email Marketing website, www.agls.co.za, including any part or element thereof.
1.4 “Database” refers to all SA Email Marketing Databases and/or Mailing Lists.
1.5 “Content” means any work of authorship or information including: company reviews, comments, opinions, postings, messages, text, files, images, photos, e-mail, or other materials on the SA Email Marketing website, www.agls.co.za, including any part or element thereof.
1.6 “Services” means all products and/or services offered on the SA Email Marketing website, www.agls.co.za, including any part or element thereof.
1.7 “Indemnified Parties” means SA Email Marketing and any/all affiliated companies and/or suppliers.
1.7 References herein to the singular includes the plural and vice versa.
2. AFFILIATIONS AND LINKS TO AND/OR FROM OTHER WEBSITES
2.1 Under no circumstances is the client and/or any persons who have engaged in written and/or verbal communications with SA Email Marketing permitted to:
a) Name SA Email Marketing or its affiliated companies;
b) Refer to the use of SA Email Marketing database and/or mailing lists in any advertisements, promotional and/or marketing materials;
c) Post any links pertaining to SA Email Marketing on any websites and/or any media platforms including but not limited to Facebook, Twitter, Linkedin, Instagram, Google, Youtube, HelloPeter etc…
3. SA EMAIL MARKETING SERVICES AND PRODUCTS
3.1 SA Email Marketing databases and mailing lists that we utilize are obtained from various sources and to the best of our knowledge they are all opt-in.
3.2 The client agrees to abide by the ECA – Electronic Communications Amendment Act – No.1 of 2014.
3.3 The client agrees to ensure a minimum of 3 of the following recipient opt-out options are available on all email communications:
a) Unsubscribe link – mandatory
b) Direct landline or cell phone – optional
c) Direct contact email address – mandatory
d) Sent from an actual existing email address (no-reply sender email is NOT permitted) – mandatory
e) Report abuse link – optional
f) Physical or postal address – optional
g) Website address – optional
h) Contact form link – optional
3.4 The client agrees to remove with immediate effect a recipient that has requested to no longer receive further email communications as per section 45 of the ECA – Electronic Communications Amendment Act – No.1 of 2014 which states and provides that recipients of unsolicited communications are able to opt-out of future communications and may request information on where their contact details were obtained.
3.5 The client agrees and understands that in the event the client contravenes the ECA – Electronic Communications Amendment Act – No.1 of 2014 by sending continuous email communications within a short period of time and/or by sending abusive and/or offensive emails that SA Email Marketing will under no circumstances be liable for any legal action and/or damages resulting from any/all of the clients actions and/or non-compliance of the ECA – Electronic Communications Amendment Act – No.1 of 2014.
3.6 The client understands and agrees that they are responsible for ensuring that they use of SA Email Marketing email databases and mailing lists in a legal and appropriate manner in compliance with all applicable laws that govern email communications in South Africa.
3.7 The client should contact their own legal counsel if they are at all unsure about the legislation and how it affects your use of our email databases and mailing lists.
4. COMPLIANCE AND ENFORCEMENT:
4.1 The client may not resell any of our products.
4.2 The client is prohibited from attempting to interfere with the operations and functionality of the SA Email Marketing website www.agls.co.za.
4.3 The client is prohibited from forging any email addresses or contact information belonging and/or pertaining to SA Email Marketing at www.agls.co.za.
4.4 The client is responsible for all damages and costs resulting from the client’s actions stated in sections 3.1 and 3.2 in any way and from any illegal actions involving the web site of SA Email Marketing at www.agls.co.za.
4.5 SA Email Marketing employs the use different filters and techniques to ensure that spam traps and malicious user records are filtered out, however we cannot guarantee that such emails addresses are contained within our email database and mailing lists.
4.6 As per section 3.5 we are not liable or responsible for any damages incurred by the inclusion of spam traps and/or any malicious user records/email addresses in any email databases and mailing lists sold and/or delivered to the client under this agreement.
5.1 The client shall place their email database and/or mailing list order via our website which will automatically generate an invoice which will be sent to the client’s recorded email address. The client is then to effect payment via electronic funds transfer (EFT) to our business bank account and only once payment confirmation has been emailed to email@example.com will the client be sent the data they have purchased to their nominated email address.
5.2 In the event the client places an order and fails to make payment within 7 (seven) consecutive days, the client will be contacted via our Accounts Department requesting the client make payment immediately.
5.3 In the event the client fails to make payment on any/all outstanding invoices issued to the client based on an order being sent, this agreement will be cancelled with immediate effect and the full amount of the outstanding invoice shall immediately become due and payable. The client shall be liable for all administrative costs, collection costs, including legal costs on an attorney and client scale, as well as collection fees and tracing fees.
5.4 Under no circumstances will SA Email Marketing entertain or issue refunds on products/services ordered, invoiced, paid for and/or already delivered.
6. EXCLUSION AND LIMITATION OF LIABILITY
6.1 SA Email Marketing takes all reasonable steps to ensure that the information on our website and the information provided to our clients are correct, however, neither SA Email Marketing nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website or in our services and/or products for any particular purpose. The client acknowledges that such information and materials may contain inaccuracies or errors and SA Email Marketing is expressly excluded from liability for any such inaccuracies or errors to the fullest extent permitted by law.
6.2 All email database and mailing lists purchased from SA Email Marketing where the client has opted to include “Names”, this refers to first name only of the email address/recipient. However, on occasion where SA Email Marketing does have a Surname for the email address/recipient they may include this in the client’s “name included” purchased email database and mailing lists and the client must not expect this to be the accepted normal practice of SA Email Marketing.
6.3 As per the ECA – Electronic Communications Amendment Act – No.1 of 2014 and as per section 2 in its entirety, SA Email Marketing shall not be held liable or responsible for any/all actions taken against the client for use of SA Email Marketing email database and mailing lists.
6.4 The client agrees and understands that the use of any information or materials on the SA Email Marketing website and any services and/or products supplied to the client is entirely at the client’s own risk, for which SA Email Marketing shall not be liable.
6.5 As per the ECA – Electronic Communications Amendment Act – No.1 of 2014 and as per section 2 in its entirety, SA Email Marketing shall not be held liable or responsible for any/all committed by the client in the use of SA Email Marketing email database and mailing lists.
7. THIRD PARTY AND CLIENT LIABILITY
7.1 SA Email Marketing shall not be liable to the client and/or the client’s email recipients direct, indirect or consequential losses or damages whatsoever. The client agrees to comply with the governing legislation and/or laws of South Africa.
7.2 The client agrees to pay for all legal costs on an attorney and client scale for any legal action where SA Email Marketing is implicated or any pending or actual legal action is instituted against SA Email Marketing whether it be caused by the a client and/or a recipient of the client for sent email communications, actions and or/business operations.
8.1 The client’s use of the SA Email Marketing website and services and/or products that result in any dispute arising out of such use are subject to the laws of South Africa.
8.2 Should any part of these Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the Terms and Conditions shall not be affected.
9.1 The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific SA Email Marketing email databases and mailing lists provided to the client constitute the entire agreement between the client and SA Email Marketing on the subject matter.
9.2 Any additional and/or alternate terms and conditions in any other document, including without limitation any of your purchase orders, shall be of no effect and shall have no relevance.
9.3 Without limitation and/or any other remedies it may have at law or in equity, SA Email Marketing reserves the right to terminate this agreement immediately without further notice if SA Email Marketing has reason to believe the client is not complying with this and/or any other express condition of use.
9.4 SA Email Marketing also reserves the right to refuse to engage and/or enter into an agreement with the client if the client has previously demonstrated non-compliance and disregard for the laws that govern South Africa.
10. CONTACTING US
10.1 SA Email Marketing welcomes any queries, comments or requests you may have. Please do not hesitate to contact us at firstname.lastname@example.org.
11. APPLICABLE ACTS
11.1 ECA – Electronic Communications Amendment Act – No. 1 of 2014
11.2 POPI – Protection of Personal Information Act – No. 4 of 2013 (not fully implemented – date to be advised by the Presidency of South Africa)