Terms and General Sales Conditions
Latest update January 4th, 2019
This contract is formed betweenLeadFox Technologie inc – 10 Bowen s., suite 100, Sherbrooke, Québec, Canada, J1G 2C5, hereinafter “LeadFox” and the CLIENT, to provide an array of marketing automation “Services” (emails, landing pages, popups, forms, banners, automations, image editor) via its marketing automation software as promoted on its website www.leadfox.co.
LeadFox reserves the right to modify this agreement at any time and to communicate the changes by posting the new conditions on the website and / or by sending information to the CLIENT’s email.
YOU ARE RESPONSIBLE FOR THE REGULAR CONSULTATION OF LEADFOX WEB SITE, IN ORDER TO BE INFORMED IN REAL-TIME OF ALL CHANGES THAT COULD BE MADE ON THE COMMERCIAL OFFERS AND SALE CONDITIONS. CONTINUING OPERATIONS AFTER THE PUBLICATION OF SERVICES AND / OR THE TRANSMISSION OF CHANGES CONSISTS AS AN ACCEPTANCE OF THESE NEW CONDITIONS.
The updated version can be accessed by clicking on the link “General Terms and Conditions” located on the website’s homepage.
You can also ask for a written and signed agreement which, in conjunction with “General Terms and Conditions” and policies of this agreement, contains the entire agreement between you and LeadFox. Additional terms of this agreement supersede the written terms of this document.
Customer data management
The LeadFox service involves creating an online account; you are responsible for the personal information you provide. You agree to immediately notify LeadFox of any changes done to this information; this information must be complete, correct and up to date. You are entirely responsible for maintaining the confidentiality of your password and access of your account. Also you are responsible for all activities that other users might do with your account.
You agree to immediately notify LeadFox of any unauthorized use of your account or any other violation of your security. LeadFox is not liable for any loss of information that can occur following the use of your password or of your account by anyone else, with or without the Client’s permission. However, the Client will be responsible for losses incurred by LeadFox or any other company, caused by the use of your account or password by someone else. The use of an account without the permission of the account holder is prohibited.
LeadFox archives all sent and received messages and all creatives produced by the LeadFox “Services”. Contact lists are maintained while your account is properly maintained. LeadFox protects the integrity; confidentiality and administrative security, physical and technical, of a customer’s personal information. The Client is aware that LeadFox may change at any time its practices and limits concerning the archiving of messages and creatives and the notification of these changes will be posted on the LeadFox site. The Client also agrees that this service is provided solely for the benefit of the Client and LeadFox assumes no liability for the deletion, loss, disclosure or failure to record messages and / or other communications maintained or transmitted via its Services.
Intellectual property protection
The Client or companies specializing in the sale or the rental of files, are holders of the intellectual property rights on the file and retain full, exclusive ownership of the file sent to LeadFox.
LeadFox undertakes, in an unlimited way, both during the lease term and at it’s term:
- Not to disclose any personal data or considered as such in the file, unless prior written authorization of the Client.
- Not to use the personal data files in any case, totally or partially, for any other purpose than the campaigns conducted by the Client, without the prior written consent of the Client.
- To destroy all files and any copies made as part of its processing and routing after a maximum period of thirty (30) days after termination of the contract.
- Customer authorizes LeadFox to use the personal data file for the provision and improvement of its services
The customer agrees to comply with the provisions of Law No. 78-17 of January 6, 1978 as amended by the Act of 6 August 2004 relating to computers, files and freedoms and in particular to allow recipients to exercise their individual right to access, modify, correct or delete their personal information and undertake that the information be corrected, completed, clarified, updated or deleted if inaccurate , incomplete, equivocal, or when recipients wish to prohibit the collection or use, communication or conservation.
In this regard, LeadFox reserves the right to suspend any email marketing campaigns that do not comply with the Data Protection legislation. The rules of conduct dictated by LeadFox require the Client to act in compliance with the Data Protection rules prior to the release of any new campaign.
The Client agrees to pay all costs of the LeadFox service in accordance with the terms of payment for the service entered pay applicable taxes of your country of residence. LeadFox has the right to change prices or to introduce new tariffs for any access to its services, unless specified otherwise by a written agreement with LeadFox. All changes will be published by LeadFox on the company website. If, after publication of these changes, you continue to use the services of LeadFox and you do not request a termination of your account, you agree to observe the published tariff changes.
The amounts are prepaid in the currency in which they were charged. Your rates may be paid in advance and are DEFINITELY NOT REFUNDABLE. LeadFox makes you pay for a credit amount or a number of subscribers. If you choose a “payment sent” (credits) you can send campaigns while the total number of contacts is lower than the remaining credits on your account. If you choose the unlimited package, the Client cannot send more emails than the number allowed in the package.
The prices displayed on the site are without any extra charges, they do not include VAT. Additional charges are applied depending on the Client’s country of residence and its rules.
Use of service / Customer Liability
It is compulsory for the Client:
- A. to purchase all the equipment and services from third parties (such as telephone and computer equipment) you need to access and use our services,
- B. to assume responsibility for all costs resulting from the use of your account, including unauthorized use, before having told LeadFox of misuse and enabled LeadFox to take suitable measures to prevent those uses.
The Client’s right to use the service is strictly personal and cannot be resold, unless specified in another contract between LeadFox and the Client. By using the Service the Client agrees to abide by the Anti – Spam policy that applies to your operations. Marketing operations performed through LeadFox in violation of applicable laws are prohibited; they are considered a material breach of this Agreement. As a client, you agree to abide by LeadFox’s Anti-Spam policy.
Unlawful or prohibited uses of the services
The use of LeadFox is conditioned to the fact that you do not use its services in any unlawful manner or manners prohibited by law or by this contract. It is forbidden to use the services in any manner which could damage, disable, or overburden the infrastructure of LeadFox or its networks connected to any LeadFox computer, or impact other users’ rights. It is prohibited to attempt to obtain any unauthorized access to any services, other accounts, computer systems or other networks connected to any server or any LeadFox services through hacking or any other method. It is prohibited to use or register the name LeadFox or any other trade name of the company without the express prior consent and without affecting the identification procedures used by LeadFox Services.
The Client warrants that the information submitted to LeadFox is legitimate and that the transmission of messages or documents does not violate any applicable federal, state or province law, including conduct that constitutes a crime, a violation of the rights of third parties, a challenge to civil liability or otherwise a breach of local, state or national laws. It is prohibited to use the Services to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other law relating to intellectual property without permission of the copyright holder. You agree to comply with all laws, norms or conventions, including the provisions relating to telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, technical, and personal data export.
You are responsible for the content of your transmissions through LeadFox and you agree that you are the content’s author, and that LeadFox does not rent or sell email lists. LeadFox functions as a passive medium for you to send and receive information, in your interest.
LeadFox prohibits the use of its service or its web sites to any person or entity that encourages, promotes, provides, sells products or services related to illegal or fraudulent activities: including illegal drugs, pirated programs, assembly or creation instructions of bombs, grenades or other weapons, materials containing violence on children or that encourages violence, spam, obscenities and similar activities. This is not an exhaustive list, and LeadFox, in its sole discretion, reserves the right to describe the activity, and can determine whether the use is prohibited, and its decision shall be final and binding for all purposes of this agreement. LeadFox prohibits the Client’s use of the services if it determines that such content or such use violates this agreement. All information deemed illegal or contrary to this agreement that are stored on LeadFox servers could be removed at any time without notice. LeadFox reserves the right to remove any images that are contrary to this agreement without prior notice.
- Does not guarantee the accuracy or the reliability of any opinion, advice or any recommendation made by its department;
- Disclaims any liability for obscene, offensive or that constitutes harassment material that could be distributed by the CLIENT or someone else through the Client’s account;
- Assumes no responsibility for any material distributed through its service with your account that violates intellectual property rights;
- Assumes no responsibility for complaints about unsolicited emails sent by you or someone else using your account.
LeadFox has the right to disclose at any time any kind of information which would facilitate compliance with all applicable laws, rules, and legal processes and meet the demands made by official bodies to ensure respect thereof. LeadFox has the right but is not obliged to consider the content of the Client’s messages to ensure proper compliance with such a contract and applicable laws in the occurrence of a complaint. LeadFox also has the right to perform any other action deemed necessary or appropriate, if it considers that the Client or the Client’s information may incur any liability for LeadFox or if it may disrupt services to other customers and to yourself, or can lead direct or indirect (total or partial) loss to LeadFox’ suppliers.
The Client agrees to indemnify and protect LeadFox of any direct or indirect claims, loss, damages, costs, expenses or fees (including legal fees and expenses) arising from the Client’s use of the service, the Client’s violation of the conditions of this agreement, trademarks or delivery of the Client’s messages and documents through the service.
Sending unsolicited messages is regulated, your email marketing is subject to the legislation of states, regions or provinces in which you operate.
You need to follow the following rules to get the receivers’ consent to send them emails
- Emails are only sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met. (Direct advertising of the sender’s own products or services of a similar nature; indication of the free-of- charge possibility to disallow use of the email address, both at the time of request of permission and in every usage of said email address.)
- The consent to receive advertisements through email has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions.)
- The receivers must give their consent actively through a conscious act. Pre clicked/pre marked boxes may not be used. In the case that permission has not been clarified either in writing or electronically, a written confirmation is required from the address owner. The possibility to disallow the permission at any time must be clearly indicated at the time of requesting permission. The indication must also include information on how to disallow permission, and who to contact in order to do this.
Sending unsolicited messages or any message that is applicable to these laws, which are presented here as an example of references, which is made by LeadFox services is prohibited and constitutes a material breach of this agreement.
As a customer, you agree to abide by the terms of LeadFox’s Anti-Spam Conduct.
Ownership exclusion of warranties and limitation of liability
All programs, services, processes, designs, software, technology, trademarks and trade names, inventions including LeadFox are owned by LeadFox and/or its licensors and its service providers, except where specified otherwise.
LEADFOX PROVIDES THE SERVICE “AS IT IS” AND LEADFOX MAKES NO WARRANTY: EXPRESS OR IMPLIED, WRITTEN OR ORAL, BASED ON THE STATUS OF LEGAL PROCESS, PRACTICES OF COMMERCE; ANY WARRANTIES REGARDING THE SERVICE, THE DOCUMENTATION OR OTHER SERVICES PROVIDED BY THIS AGREEMENT. LEADFOX EXPRESSLY DISCLAIMS THE WARRANTY OF THE AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, DURABILITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. ANY CLAIM OR CONDITION WHICH INCLUDES, BUT IS NOT LIMITED TO THE LITERATURE OF MARKETING OR STATEMENTS OF THE IMPLEMENTATION OF LEADFOX SERVICES WHICH WAS NOT MENTIONED IN THIS PARAGRAPH MAY NOT BE INTERPRETED AS A GUARANTEE.
LeadFox’s responsibilities, its subsidiaries or its partners after injury, breach of contract (including fundamental breach or failure to achieve the fundamental purpose), distortion of facts, on a single case or a series of cases, may not exceed the amount paid by the Client for the services to LeadFox that caused a complaint. LeadFox is not liable for any punitive, indirect, incidental or special damage suffered by the Customer or any third party, including loss of anticipated revenue, loss of revenue and profits, loss of data or other economic or commercial loss.
Duration and termination
The Client can stop the subscription at any time via the LeadFox software, in the Manage/Settings section.
If you have a written agreement signed with LeadFox, the termination clause of the agreement is written.
LeadFox has the right to unilaterally suspend or terminate the services that LeadFox considers are used for purposes contrary to the law or these terms. LeadFox has no responsibility to notify any third party, including any provider of third party services, merchandise or information of any suspension, restriction or cancellation of your account. LeadFox has no obligation to maintain any messages or other content in your account and to forward any unread or unsent messages.
Any termination of your account does not relieve you of your debts or any liability arising under this agreement prior to the effective termination. You agree that these “General Terms and Conditions” will be regulated and interpreted under the laws of the province of Québec - Canada, and that through this agreement you are subject to the jurisdiction of the corresponding province, and you agree that any disputes will be tried by the Tribunal of Sherbrooke – Québec/Canada.
If LeadFox determines whether the services in question are used in association with spam, LeadFox will suspend or cancel any campaign or other applicable services with immediate effect.
LeadFox may require a non-refundable payment cost of $ 1000 USD for indemnisation of such illegal activities LeadFox may require the re-activating and non-refundable payment cost of $ 100 USD to reactivate the account and / or services.
LeadFox encourages all our customers and recipients of emails generated by our products and services to notify us of any spam sent from our servers.
These alerts can be sent by email: [email protected]