Mail Mortal - Terms and conditions.

Terms and Conditions

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Mail Mortal is a Division of Global PC Limited and is referred to in this document as ‘Mail Mortal’. These Terms and Conditions are applicable only to the Mail Mortal Services and not the wider spectrum of goods and services on offer from Global PC Limited.

1. Acceptance of Terms and Conditions
1.1 If you contract the services of Mail Mortal you hereby agree to these terms and conditions. If you do not accept these Terms and Conditions then Mail Mortal has the right to withdraw the service from you.

2. Amendment of Terms and Conditions
2.1 Mail Mortal reserves the right to amend these Terms and Conditions in part or in full. By using the Mail Mortal service you are bound by these Terms and Conditions and it is your responsibility to be familiar with any changes made. The most up to date version of Mail Mortal Terms and Conditions are available from our website.

3. Definitions
Service: Automated email scanning to filter spam, viruses or any unsolicited email
Website: Refers to the Mail Mortal website
Servers: Secure servers that host software to Scan and store email
Spam: Unsolicited email sent through the internet
Customer, Client, You, Your: Refers to you the client of Mail Mortal
We, Us, Mail Mortal, Global PC: Refers to Mail Mortal as a division of Global PC Limited
Legitimate email: Email that is not spam ISP: Internet Service Provider
False Positives: Where a legitimate email is quarantined

4. Scope
4.1 Mail Mortal will provide services as set out in section 5 and 6
4.2 The client agrees to perform their obligations in section 6 and obligations to Pay Mail Mortal as per these Terms and Conditions

5. Services
5.1 The Mail Mortal service will re-direct email sent to your email address to the Mail Mortal Servers. Here the email is scanned and given a ‘score’ based on a number of factors that indicate spam. If the email scores below a certain threshold it is deemed ‘Legitimate email’ and delivered to your inbox. If the email scores above the threshold it is ‘quarantined’. Mail Mortal will store quarantined emails on the servers for 30 days after which they will be deleted. The client will be emailed a report when spam is quarantined so they have the ability to deliver the email to their inbox. The client will have the ability to adjust the frequency of reporting to Daily, Week days, Weekly or Monthly. The objective of our service is to reduce the amount of unnecessary traffic in your network and time spent dealing with spam. Mail Mortal is not responsible for nor have any liability to the client in regards to the following:

a. Failure of the Clients email system, including their ISP or Domain Host
b. Telecommunications or infrastructure outages, causing a disruption to the service
c. Telecommunications or infrastructure outages, causing a delay in the delivery of email
d. Failure of any node of the Mail Mortal server system resulting disruption to the service or client email

5.2 Mail Mortal does not guarantee nor represent that all spam will be detected and quarantined by the service.
5.3 Mail Mortal does not Guarantee nor represent that false positives will not occur with use of the service.

6. Setup
6.1 The client agrees to provide Mail Mortal with the following information, allowing us to complete setup of the service: a. Contact, Administration and billing details b. Access to Domain Host (if applicable) c. Account Number for ISP (if applicable) d. Email addresses (if using POP3)
6.2 Mail Mortal agrees to complete the following setup procedure:

a. Configure the Mail Mortal servers to redirect email to the clients designated mail server or store email for collection by the client via POP3.
b. Setup Mail Mortal POP3 accounts for clients using POP3 email
c. Contact the clients Domain host or ISP to change the MX records to redirect incoming email to the Mail Mortal server or provide the MX change requirements to the client
d. Test and confirm the ability of the Mail Mortal server to correctly route email to the client server or POP3 account.

6.3 Mail Mortal will notify the client by email or post once the setup activities have been completed and the client is receiving email via the Mail Mortal server.

7. Proper Use
7.1 The client shall use the service for its intended use and in compliance with all applicable law including laws regarding the transmission of technical data exported from the clients’ country of residence.
7.2 The Client shall not authorize any third party to:

a. Use the service to upload, transmit, or otherwise distribute any content that is; unlawful, obscene, defamatory, abusive, and fraudulent, contains viruses, or is deemed unsuitable by Mail Mortal.
b. Upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary or contractual rights
c. Prevent other people from using the service
d. Act in anyway that contradicts the Terms and Conditions of the service

8. Privacy
8.1 Mail Mortal requires personal and business information to effectively provide you with the service. Mail Mortal will only use this information in the course of providing the service.
8.2 Mail Mortal will not sell or allow third parties to access your personal information without your consent. Mail Mortal will release information to comply with the law if it is deemed appropriate, or to enforce these terms and conditions.
8.3 Due to software restrictions Mail Mortal employees are unable to view legitimate emails unless it is legitimate email that has been mistakenly quarantined. When email quarantined it will not be viewed by Mai Mortal employees unless it is deemed to be spam.
8.4 Mail Mortal’s Privacy policy is available on the website, and maybe amended from time to time, it is the responsibility of the client to be familiar with the updated privacy policy.

9. Email content
9.1 Mail Mortal takes no responsibility for third party content including viruses, Spam, unsolicited email or any other disabling feature such as a virus.
9.2 Mail Mortal reserves the right to remove or refuse to distribute any content deemed to be in contradiction to these terms and conditions.
9.3 Mail Mortal reserves the right to view, preserve and distribute any information that it believes necessary to improve the service, detect or prevent fraud or protect the rights, property or safety of Mail Mortal and its users.

10. Term of service
10.1 Mail Mortal will commence the service on the date agreed with the client and continue to operate the service until:

a. The client provides 1 month’s written notice of intention to terminate the service.
b. The Client and Mail Mortal come to Mutual Agreement on the date of termination of the service.

11. Termination
11.1 The client may terminate the service with one month’s written notice to Mail Mortal
11.2 Mail Mortal may terminate the service with immediate effect if the client;

a. Becomes insolvent
b. Goes into Liquidation (except in terms of amalgamation)
c. Breaches any provision of the agreement, and such a failure is not rectified within 10 days of written notice from Mail Mortal
d. Is involved in any fraudulent or criminal activity that could be deemed detrimental to Mail Mortal by association

11.3 Mail Mortal may terminate the service without prejudice for any reason with one month’s written notice to the client.

12. Payment and Fees
12.1 The client agrees to pay Mail Mortal the fees as agreed at the commencement of the service

a. Mail Mortal reserves the right to increase the fees at any time with 2 months written notice to the client
b. Fees are charged on a monthly basis and the client must pay the fees by the 20th of the month the invoice is issued in unless by prior arrangement between Mail Mortal and the client.
c. The Fee is charged on the number of email accounts within the clients domain/s which receive legitimate email during the billing period
d. If agreement for annual payment is reached, the annual fee is charged in advance based on an estimate of the number of email accounts that will receive emails; the amount will be reconciled at the end of the period based on clause (c)

12.2 Should the client fail to pay the agreed fees within the time period designated, Mail Mortal reserves the right to suspend the service until the amount is paid in full.

14. Intellectual property
14.1 All intellectual property including software, know how, systems and processes developed, maintained or purchased by Mail Mortal to provide the service are the property of Mail Mortal. The client has no claim on any part of the intellectual property of the service. The client therefore agrees not to copy, reproduce, alter or create derivative works from the service.
14.2 Mail Mortal’s intellectual property does not extend to any communication that is distributed by the service. Therefore Mail Mortal does not claim any intellectual Property rights on any type of communication which is transported through or stored in the system.

15. Exclusion of warranties
15.1 Mail Mortal disclaims itself from any and all responsibilities and liabilities in respect to the operation of the service. This includes; untimely delivery, failure to store, mis-delivery and deletion of emails and email content. Mail Mortal services are provided as is where is and Mail Mortal disclaim themselves from any warranty whatsoever to the fullest extent of the law.
15.2 Mail Mortal disclaims any warranties or responsibility for goods or services advertised on the Mail Mortal website or that of goods and services provided on Links on the Mail Mortal website.
15.3 The client is aware that anything they download from the Mail Mortal system is done so at their own risk. The client is therefore responsible for any virus they mistakenly or otherwise download or anything that is damaging to their system, computer or network. Mail Mortal disclaims all responsibility and liability if the client were to contract a computer virus or anything of a damaging or malicious nature.

16. Limitation of Liability
16.1 Under no circumstances shall Mail Mortal be liable to any client on account of that client’s misuse of or reliance on the Mail Mortal service. Limitation of liability applies to prevent the recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract or otherwise. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Mail Mortal services, from inability to use the Mail Mortal services, or from the interruption, suspension, or termination of the Mail Mortal services (including such damages incurred by third parties). Such limitation shall further apply with respect to the performance or non-performance of the Mail Mortal services or any information or merchandise that appears on, or is linked or related in any way to, the Mail Mortal services.
16.2 Under No circumstances shall Mail Mortal be responsible for, or held liable for the delay or failure in performance of the service resulting directly or indirectly from forces such as; Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, or any situation beyond its control.

17. Indemnification
17.1 The client agrees to hold harmless and indemnify Mail Mortal and associated companies, affiliates, and employees from and against any claim arising from or in relation to the clients use of the Mail Mortal Service, including any liability or expense arising from claims, losses, damages, lawsuits, judgments, litigation costs and attorneys fees. In such a case, Mail Mortal will provide the customer with written notice of such a claim, law suit or action.

18. Force Majeure
18.1 Mail Mortal is not responsible for delays or failures in performance of the service for acts beyond its control. Such actions included (But not limited to) are; Fire, Theft, Governmental decisions, act of god, Strikes, war, Storms, internet failures, infrastructure failures, earthquakes, terrorism, epidemics and other natural disasters.

19. Disputes
19.1 Where a dispute between parties arises neither party may commence any court proceedings related to the dispute unless the party has complied with all requirements of section 19 of the Terms and Conditions.
19.2 The initiating party must provide written notice of the dispute to the other party including a nominated representative within the initiating party to be involved in the dispute. The other party must reply with an acknowledgement within 14 working days nominating a representative to handle the negotiations of the dispute. Both Representatives have the authority to settle the dispute.
19.3 If the Parties are unable to resolve the dispute within the first 14 days from receipt of acknowledgement from the other party, the parties must refer the dispute to independent mediation.
19.4 The mediation must be conducted by a qualified mediator on terms of a mutually agreed mediation agreement at a fee agreeable by both parties.

20. General
20.1 Form of Notices: Any notice sent within the terms of these Terms and Conditions can be sent via post to the postal address, facsimile or electronic mail address provided by the client at the commencement of the service. All correspondence to Mail Mortal in relation to these Terms and Conditions can be sent to either: PO Box 8451 Riccarton Christchurch or info@mailmortal.com
20.2 Receipt of Notices: Notices sent via electronic mail or post will be deemed received on delivery. Notices sent via facsimile will be deemed received on production of confirmation report specifying the correct number of pages has been successfully transmitted.