Terms & Conditions
This agreement applies as between you, the User of this Web Site and our Services and AperiMail Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means AperiMail Ltd registered in England and Wales (12863571) 86-90 Paul Street, London, United Kingdom, EC2A 4NE;
means collectively any online facilities, tools, services or information that AperiMail Ltd makes available through the Web Site either now or in the future;
means any online communications infrastructure that AperiMail Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by AperiMail Ltd and acting in the course of their employment; and
means the website that you are currently using (https://www.aperimail.com/).
means irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus (“Spam”).
- Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AperiMail Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by AperiMail Ltd.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Using our Service
- Our Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
- This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorised and will be terminated.
- Each user is solely responsible for all of his or her messages sent through the Service.
- You agree to not use our Service for any unlawful or prohibited activities. You also agree to not disrupt AperiMail Ltd`s networks and servers.
- You further agree to not use AperiMail to send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list. Any account found to be sending the aforementioned type of emails will be immediately suspended.
- We may terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity.
- AperiMail Ltd has no obligation to store or forward the contents of terminated accounts. We also have no obligation to store messages for accounts that are over their storage quotas. Due to the encrypted nature of the Service, you acknowledge that AperiMail Ltd has no ability or obligation to recover your data if you misplace your decryption password.
- Although it is not current practice, we reserve the right to suspend or delete accounts that are inactive for over three months. Paid accounts with active paid status are not subject to this measure.
- Service Level Agreement (SLA)
- For AperiMail Professional Plan users, AperiMail Ltd aims to provide Service availability of 99.95% or better. If downtime in any one month exceeds 0.05% of that month, AperiMail Ltd will credit the user’s account. Service credits are applied at the user’s request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).
- AperiMail Ltd calculates service credits in the following way: If the monthly uptime is less than 99.95% but equal to or greater than 99.0%, the service credit is equal to 10% of the Service’s monthly cost. If the monthly uptime is less than 99.0%, the service credit is equal to 30% of the Service’s cost.
- Some performance issues are excluded from downtime calculations, including but not limited to: a) Issues caused by factors outside of AperiMail Ltd’s reasonable control. b) Issues that resulted from any actions or inaction by a user or a third-party. c) Issues that resulted from the user’s equipment and/or third-party equipment (not within the primary control of AperiMail Ltd). For the avoidance of any doubt, AperiMail Ltd does not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control ofAperiMail Ltd. d) Issues that arise from AperiMail Ltd’s suspension or termination of rights to use the Service in accordance with our Terms of Service. e) Downtime caused by reasonable scheduled maintenance that is announced in advance.
- Terms of Payment
- Due to their nature, the paid Services provided by AperiMail Ltd are generally non-refundable and any refunds or credits given will be at the sole discretion of AperiMail Ltd. Paid accounts which are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for refund.
- If AperiMail Ltd chooses to issue a refund for any reason, AperiMail Ltd is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which AperiMail Ltd supports, AperiMail Ltd has discretion over the exchange rate applied.
- AperiMail Ltd has the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
- You authorise AperiMail Ltd to charge any credit card supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping card information up to date.
- If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.
- If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes AperiMail Ltd to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorise AperiMail Ltd to charge that amount on your account.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of AperiMail Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://www.aperimail.com/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of AperiMail Ltd. To find out more please contact us by email at firstname.lastname@example.org.
- You agree that, if you have provided AperiMail Ltd with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to AperiMail Ltd and (2) that you have brought to the attention of any such third party the Privacy Notice available on the AperiMail Ltd’s website or otherwise provided a copy of it to the third party. You agree to indemnify AperiMail Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- AperiMail Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
AperiMail Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Availability of services
AperiMail Ltd offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance will be announced as soon as possible. AperiMail Ltd will eliminate faults in his technical facilities within the existing technical and operational possibilities as quickly as possible and at a convenient time for the customer, for example at night. No time is agreed for maintenance.
- Limitation of Liability
- To the maximum extent permitted by law, AperiMail Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts AperiMail Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of AperiMail Ltd.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and AperiMail Ltd shall be governed by and construed in accordance with the Law of England and Wales and AperiMail Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.