Terms and conditions

1. Preamble

   The present Agreement together with the prices of the SendExpert Service, Privacy Policy and Controller-Processor Agreement which constitute its integral part, is an electronic public agreement between the YUDJES OÜ, identification code: 14383476, registered in the Republic of Estonia (official address can be found in the public website of Estonian Commercial Register), and the User

2. Legal reservation
   1. When you visit the Company website you automatically agree with the rules and requirements of the present reservation, otherwise you must immediately leave the present website. For the purposes of clarity – the services provided by SendExpert Services under the provisions of this Agreement is meant solely for business purposes, i.e. this agreement is considered as a so-called B2B contract only.
   2. Rules related with data protection can be found in the SendExpert Services Privacy Policy and Controller-Processor Agreement.
   3. The Company does not accept any liability for any losses or damage that can be caused by information published on the present website or by the use of the website, including any loss of profit, damage to business reputation, loss of data, etc, unless otherwise prescribed by the imperative regulations of the law.
   4. The Company does not perform checks of your personal data that you enter during registration, and the Company is not responsible for its correctness towards third persons in case of a lawful transfer of such data. In case of discovery of data regarding a person registered with the service which does not correspond to the actual situation, the Company reserves the right to change or destroy such data immediately without any warning.
   5. The Company reserves the right to change, complement or delete information or data from the website without an advance notice.
   6. All legal relationships created in relation to the website or its use are regulated by the legislation of the Republic of Estonia. All disputes related to the use of the website must be adjudicated only by courts of the Republic of Estonia.
   7. The Company recommends review the Agreement published on the website from time to time in order to be aware of the version of the Agreement currently in force, as the Company can change and renew its content at any time.
   8. Before registration with the website you are obliged to carefully read the terms and conditions of the present Agreement. By registering with the SendExpert Service you confirm your complete and unconditional consent to and oblige to perform the terms and conditions of the present Agreement.
3. Rules of use
   1. Definitions
      1. “The SendExpert Service” is the aggregate of hardware and software belonging to the Company and allowing to provide the bulk distribution services (including, but not limited to: bulk SMS and bulk e-mail distribution).
      2. “The User” is a natural person or a legal entity acting through its authorised representative which uses the SendExpert Service. The User has confirmed upon registration with the SendExpert Service that the User uses the SendExpert Service in relation to their independent economic or professional activities (as a B2B service). The User has confirmed that the User is not a consumer within the meaning of the laws of the Republic of Estonia. By registering with the SendExpert Service the user accepts the present Terms of Use of provision of services which are published on the website.
      3. “The bulk e-mail and bulk SMS distribution services” provided by the Company mean provision to the user of a technical possibility to the User to perform such distribution by way of provision of access to the Personal Account of the SendExpert Service or via API.
      4. “The Personal Account” is a multifunctional web interface of the User in the SendExpert Service, located at the address http://app.sendexpert.com, access to which is provided after authorisation, i.e. entry of the personal username and password. In the Personal Account the User sends SMS and e-mail messages, views statistics, monitors status of the electronic account, etc.
      5. “An SMS message” is a short text message (up to 160 symbols in Latin alphabet or up to 70 symbols in Cyrillic alphabet) that can be sent and received by a mobile terminal of a mobile network subscriber.
      6. “Bulk e-mail distribution” is sending of messages with the same content from one sender to many recipients via electronic mail.
      7. “Spam” is a distribution of bulk SMS and/or e-mail messages of an advertising nature, performed without a prior consent of the recipients.
      8. “The website” is the aggregate of internet pages at the addresses listed in the following list.
      9. “Transactional distribution” is a type of bulk distribution where a letter is sent to a specific person who performed specific actions.
   2. The SendExpert Service
      1. The bulk distribution services of the Company also include the following services:
         1. Access to the web platform with tools, hosting and management functions required for performance of bulk distribution by the Users.
         2. Possibility to send messages using the bulk distribution list of the User. The list (bulk distribution database) is located on the SendExpert platform. See more about data storage in the Privacy Policy and Controller-Processor Agreement.
         3. The customer support service (technical support, answers to questions, provision of information).
         4. Provision of additional services if they were ordered and paid for by the User.
         5. API integration, transactional bulk distribution.
         6. Provision of the SMTP service.
   3. Pricing packages
      1. Bulk distribution is performed for the Users for free, provided that up to 3000 messages are sent to up to 300 subscribers per month. Validity of the free package is not limited by time. The number of addresses saved in the database of the customer is not limited. The Service becomes paid from the moment when the User agrees to increase the limit of distributed messages or increase the number of subscribers. Paid services can be ordered at any time and following any period from the start of use of the SendExpert Service. The User can construct the database in a way that is convenient for it.
      2. The User can update data of its account and the type of subscription for services of the Service at any time. All paid service packages are purchased for the period of 30 calendar days. When a paid package is purchased, the remaining number of times that messages can be sent according to the free package (3,000 less the number of messages that have already been sent during the current period) is not transferred.
      3. The start of the period of validity of the paid package is the date when it was paid for. The period of validity of the package is 30 calendar days. The User can subscribe either to the paid or to the free package of bulk distribution of e-mails. The period of validity of subscription to the free package of services is not limited, and the package is provided to the User who subscribed to SendExpert by default (when the Personal Account is created). After the paid package was ordered and payment for it was made, the package is extended to the next period, unless the User wants to change it to another paid package or to the free package.
      4. If the balance on the account of the User is insufficient for extension of the package, the User is switched to the free package automatically without an advance notice.
      5. The User can switch to another more expensive package at any time. In such case: 1) the number of remaining unsent messages from the previous paid package is transferred for use within the new package. Resulting from the transfer the number of times that messages can be sent is added to the permitted number of times that messages can be sent within the new pricing plan. 2) the date of start of the paid period is renewed and counting of a new thirty-day period starts again from the time when the User switches to the new package.
      6. When the User switches from a bigger package of services to a smaller one, the change of prices and renewal of subscription are only made from the end date of validity of the previous package.
   4. Technical requirements
      1. Correct operation of the SendExpert Service is only possible if the last official version of the following web browsers is used: Internet Explorer, Google Chrome, Mozilla Firefox, Safari and other browsers. The User shall have the obligation to ensure that the latest updates and version releases of its Web browser software are duly installed. In order to use services of the SendExpert Service the User must have access to the Internet, e-mail address and a web browser installed on the access device with activated cookies and installed JavaScript.
   5. Password
      1. Data of the Personal Account of the User is protected by a unique password that is generated automatically during registration of the User for receipt of free access to its Personal Account. The User is responsible for security and confidentiality of its password. The Company applies internal security protocols with a system of encryption of the password of the User in order to protect the password from disclosure and guarantee that only the User has access to his or her Personal Account. No representative of the Company, its subcontractors or agents can receive the data regarding the password of the User. No employee of the Company or its subcontractor or agent shall ask the User to disclose its data regarding the password in any way (via e-mail, telephone or any other channel).
   6. Registration with the SendExpert Service
      1. Before completion of subscription (registration) of the Personal Account with the SendExpert web site the User agrees:
         1. to familiarise himself or herself with the present Agreement;
         2. to observe the rules of use of the SendExpert Service;
         3. to update in a timely manner his or her contact details stated in the registration profile, and to make sure that they remain accurate and up to date;
         4. to send using the SendExpert Service only such information that the User obtained legally and has the right to distribute via the Internet;
         5. to send e-mails, including those of a commercial nature, and to process personal data in strict compliance with the laws in force in the country of residence of the User and with normative acts of the European Union, Privacy Policy and Controller-Processor Agreement.
         6. to keep secret all data provided to the User for access to the Personal Account and work with it (username, password) See more in the Privacy Policy and Controller-Processor Agreement.
         7. to receive telephone calls and e-mails from staff of the Company regarding questions related to the use of the SendExpert Service by the User;
         8. to receive commercial information regarding products and services of SendExpert.
   7. Terms and conditions of payment
      1. The User undertakes to pay in a timely manner for the service that he or she ordered when subscribing to the SendExpert Service, according to the chosen pricing plan. The Company provides a possibility of monthly subscription.
      2. The current prices of SendExpert services are published in the “Prices” section which can be found on the website, and they include all taxes except for VAT. VAT shall be added to the price of the services in accordance with the tax legislation of Estonia.
      3. Access to the ordered service is provided to the User after receipt of payment according to the pricing plan corresponding to the given service.
      4. Payment for services is made using a cashless method, either by using a payment card and protected payment tools, or via bank transfer using the details of the invoice submitted by the Company.
      5. The money paid by the User is not refunded, unless the Agreement is terminated due to material breach on part of the Company, in which case the Company shall refund the cost of unprovided or incompliant Service and pre-payment for Services for the period after the termination date.
      6. If due to the Company’s fault its services are not provided, the Company can reimburse to the User the funds that were spent by him or her, by way of provision of additional bulk e-mail distribution possibilities.
   8. Prohibited actions
      1. Actions that are strictly prohibited when using the SendExpert Service.
         1. Distribution of Spam or any other undesirable correspondence and messages in breach of the legislation of Estonia and the European Union in force.
         2. Use in the SendExpert Service of such personal data that was formed without a voluntary and informed agreement of the personal data subjects, and use of personal data, processing of which poses special risk with regard to rights and freedoms of personal data subjects (special categories of personal data), without a prior due notification of a relevant state body. See more in the Privacy Policy and Controller-Processor Agreement;
         3. Sending of messages to e-mail addresses and telephone numbers that were bought or rented.
         4. Inclusion in e-mails of any texts, photos, graphic images, logos, software, articles, musical and video content, the use of which violates copyright or intellectual property right of third persons, discloses a commercial secret or violates any other rights of third persons.
         5. Sending or storage in the information space of the Personal Account of the SendExpert Service of offensive, discrediting, false, misleading materials or data that violates the right to privacy or personal and family life of third persons, or directly or indirectly violate the legislation presently in force, if the present rules of use of the SendExpert Service. See more in the Privacy Policy and Controller-Processor Agreement.
         6. Connection of any content passing through the SendExpert Service to pornographic sites and materials, child pornography, fanaticism, racism, political power or political agitation, obscene language fraud or in breach of the public moral, to be determined by the Company on case-by-case basis according to its full discretion. Sending of messages that can be offensive to the recipient.
         7. Sending and storage of material that contains malware, such as software viruses, Trojan software, worms, logical bombs, bots, spyware and any other files, programs and technologies intended for damaging the system or equipment of the SendExpert Service, illegal collection of data and obtainment of unauthorised access to its use, hacking of programs and accounts, limitation of functionality of software, etc. See more in the Privacy Policy and Controller-Processor Agreement.
         8. Registration of more than one account for the purpose of increasing the limit of the free package.
         9. Use of the SendExpert Service for facilitation, commitment or hiding of commitment of a criminal or administrative offense.
      2. The User does not have the right to use any equipment and/or software intended for:
         1. damaging the SendExpert Service;
         2. disruption of correct and timely functioning of the SendExpert Service;
         3. interception of any data and personal information of other Users stored in the SendExpert Service.
      3. The User must not perform actions leading to excessive technical load on the SendExpert, the server used by the SendExpert website, and other elements of infrastructure involved in provision of services to the customers of the Company.
   9. Customer service
      1. The Company provides service and support of the User by way of direct connection with him or her via e-mail, special chatroom, internal messaging system or telephone. When the User requests a consultation or answer, or submits a complaint, such User must provide data regarding his or her account (however, without disclosing his or her login password to the employee of the Company). The Company does not respond and does not take any actions in case of anonymous requests of the Users.
      2. Information regarding contact details that can be used to contact the customer support service of SendExpert is published in the “Feedback” section on the website. If the User logged into his or her account, he or she can use the internal messaging system of the website. On business days the Company responds to most requests from its Users within 24 hours. The User has the right to contact the Company for receiving information on the status of processing of his or her request/complaint, and to receive a response from the Company.
   10. Cancellation of use of services (deletion of the account)
       1. The User can cancel the use of the services of the SendExpert Service at any time, by deleting his or her Personal Account. In order to delete the Personal Account the User must send a respective request to the Company by e-mail. In case of any doubts the Company may request additional proof that the request was sent by the User.
       2. The Company undertakes to delete the Personal Account of the User within 14 calendar days following the time of receipt of the request for deletion from the User, under condition that the User has no arrears. If the User is in arrears towards the Company, in order for the Company to delete his or her Personal Account the User must settle such arrears. The Company undertakes to delete the Personal Account of the User within 14 calendar days following the time of transfer of funds for settlement of arrears from the User.
       3. When the Personal Account is deleted, the subscription to the services of the Service will be cancelled, and all data of the account (including databases for bulk distribution) will be deleted without the possibility of restoration. This process cannot be reversed.
       4. The User cannot cancel his or her subscription to the Service if such User is in arrears towards the Company.
       5. In case of any complications regarding cancellation of subscription, the User can contact the Company using the contact details stated in the “Feedback” section on the website.
       6. When the Personal Account is deleted the funds of the User remaining on his or her balance are not refunded.
   11. Termination of provision of services by the Company
       1. The Company reserves the right to terminate or suspend provision of services without advance notice, or to refuse provision of any current or future use of the services of SendExpert if the User breaches any term of the Agreement.
       2. In case of termination of provision of the services by the Company due to the User’s fault, the amounts paid by the User for the services are not refunded, and the User, just like in any case of other breaches of the terms and conditions of provision of for services of bulk e-mail and SMS distribution by the SendExpert Service, undertakes to settle the existing arrears with the Company, and to pay all penalties and reimburse all losses/lost profit/moral damage that resulted or can result from the breach by the User of the terms and conditions of provision of the services of bulk e-mail and SMS distribution by the SendExpert Service.
4. General provisions
   1. Rights to intellectual property objects
      1. All rights to the website and its content belong to the Company. The website and its separate elements, such as (but not limited to): design elements, content, program code, computer program, databases, are protected by the intellectual property rights protection laws of the Republic of Estonia. All intellectual property objects published on the present website belong to the Company or are used by the Company under consent from holders of the rights. Duplication or copying of the information or data of the website, as well as use of the text of the website or its parts is allowed only subject to an advance written approval by the Company.
      2. SendExpert® is a registered trademark for goods and services that belongs to the Company and can be used only subject to a written permission of the Company.
      3. The User undertakes not to breach the rights of the Company to the intellectual property objects that are published on the SendExpert Service or related to it.
   2. Technical considerations
      1. The Company assures availability of the customer support service to the Users of the Service at the level of 99.5% subject to uninterrupted operation of the Internet and telecommunication providers of the Company. The Company does not guarantee a fixed minimum time of response when providing the services. The Company can change or modify functions of the bulk distribution services, any equipment or software at own discretion, provided that such changes do not have significant negative impact on the quality of work of the SendExpert Service as a whole.
      2. The Company can perform planned or emergency technical works on the website (including those involving temporary partial or full stoppage of operation of the service, if necessary) for support, technical maintenance and modernisation of the Service without a prior notification of the User.
      3. In case of planned technical works that will last for longer than 1 day the Company shall make every effort to inform the User thereof in advance, not later than 1 day before the start of the works. The Company shall make every effort to shorten duration of planned technical maintenance to minimise the periods when the Service does not function completely or in part.
   3. Limitation of liability
      1. The User shall be liable for the performance of its obligations arising from this Agreement.
      2. The Company provides the services “as is”, without any guarantees, either explicit or implied. In particular, the Company does not provide any guarantees regarding permanency of the name, period of operation of the Service, unsuitability of the Service for performance of particular tasks, etc. The User shall use the Services at its own risk as to the suitability of the User’s purposes.
      3. The Company and its staff, representatives, subcontractors and agents are not liable for any direct or indirect losses, lost profit, moral damage incurred by the User, related to the use of the SendExpert Service, even if representatives of the Company were warned of the possibility of such damage. In any event, liability of the Company is limited to the total amount transferred by the User as payment for provision of the Services one month before notification of the Company of the obligation to reimburse damage, filing of a legal action, submission of a claim or submission of the aggregate of such requests related to provision of the services by the SendExpert Service.
      4. Neither of the parties is liable for any delays in performance or non-performance of its obligations resulting from the circumstances of which were beyond control of the party, and occurrence of which the party could neither have foreseen nor prevent using reasonable measures (a Force Majeure event) , including, but not limited to: natural disasters, fire, warfare or street riots, strikes, cyberattacks (unsanctioned intrusion into operation of the computer networks, website, servers of the Company, as well as servers on which data of the SendExpert Service is stored and processed), enactment of binding normative and legal acts and orders of public or local government authorities, and unlawful actions of public or local government authorities which influence performance of the obligations under the present Agreement. The party under influence of a Force Majeure event undertakes to notify the other party thereof immediately, however, not later than within 7 calendar days. The party relying o a Force Majeure event shall have the burden of proof regarding the occurrence and duration of the Force Majeure circumstances causing the undue performance of the Agreement.
   4. Submission of claims
      1. Any claims related to the use of the SendExpert Service are reviewed by the Company within 20 business days following receipt of such claims from the User. The claim must be submitted in a written form, and it must include the contact details of the User, substance of the claim, date of preparation of the claim, and it must be signed by the User and include annexed copies of documents concerning the claim or confirming the circumstances stated in it. The Company informs the User of the result of review of the claim and of its decision in writing by way of sending of the reply via electronic mail to the e-mail address of the User stated during registration.
      2. All disputes arising between the Company, its representatives and the User, are resolved by way of negotiations, including within the framework of work of the customer support service of the Company (for example, by way of written communication via the website). The dispute can be adjudicated in the respective court of the Republic of Estonia only if it was impossible to resolve it according to the abovementioned procedure.
   5. Amendment of the Agreement
      1. The Company has the right to unilaterally amend the general terms and conditions of the Agreement or to inflict new general terms and conditions in case this is justified by amendments in the legislation or customs, development of the service governed by the general terms and conditions, in order to provide better or additional means of use of service to the Users or due to need to specify conditions or risks related to use of services provided.
      2. The Company shall publish a respective notice of amendment of infliction of new general terms and conditions on its website. The notice of amendment of infliction of new general terms and conditions shall be published on the website at least 30 days prior to the amendments or new terms and conditions coming into force.
      3. If the User does not agree to the amendments or new inflicted general terms and conditions, the User has the right to terminate the Agreement according to the procedure set out in article 3.9.1 of the Agreement within 30 days from the day of the publication of the notice of amendment or infliction of new general terms and conditions. Termination of the agreement does not release the User from any obligations arising from the Agreement prior to its termination.
      4. If the User does not terminate the Agreement within 30 days from the day of the publication of the notice of amendment or infliction of new general terms and conditions the User is deemed to have agreed to the amendments or new general terms and conditions and has no claims towards the Company in this regard.
      5. The amended or newly inflicted general terms and conditions become an integral part of the Agreement on the date they come into force and are obligatory for both parties to follow. Previous general terms and conditions are deemed invalid from the date the amendments of new general terms and conditions come into force.
   6. Final provisions
      1. If the Company participates in merger of a few companies, or if it sells all or part of its assets, the Users will be notified of this via e-mail or using website notifications.
      2. Declaration of invalidity of individual terms and conditions of performance of e-mail and SMS bulk distribution via the SendExpert Service does not lead to declaration of invalidity of other provisions.
      3. The Company reserves the right to make changes in the terms and conditions of performance of e-mail and SMS bulk distribution via the SendExpert Service at any time, by publishing the changed Agreement on the website of SendExpert and/or by sending the Agreement to the User via electronic mail to the address stated during registration, or by notifying the User thereof in the Personal Account.
      4. The Company reserves the right to delete bulk distribution databases of the User after 3 years from the time when the User stopped using them.
      5. The terms and conditions of performance of e-mail and SMS bulk distribution via the SendExpert Service enter into effect from the moment of registration of the User in the SendExpert Service, and they remain effective during the entire period of existence of the Personal Account of the User.
      6. The place of provision of the e-mail and SMS bulk distribution services by the SendExpert Service is the Republic of Estonia.

Last updated 30.01.2019