General Terms and Conditions 

General Terms and Conditions as of 10-05-2016 of the MailStronger Platform
MailStronger is a service of WeLead SA - Lussy Lake Road 201 - 1618 Châtel-St-Denis - SWITZERLAND. Company registered in the commercial register under the number: CH-217.3.561.856-9

Using the e-mail services of the MailStronger platform implies full acceptance of these general terms and conditions which are solely applicable to this order or contract.

Definitions

« CLIENT »: The user of the MailStronger platform, who holds a valid user name and password. 

« PLATFORM »: a set of tools, methodologies of information, documents, videos, allowing the CLIENTS to carry out an activity in good conditions. 

« THE COMPANY»: the company that designed the MailStronger Platform. 
« Databases » designates the databases used by the of the MailStronger platform for its e-mailing services.
« E-mailing » means the electronic marketing services provided by the MailStronger platform consisting of sending in the name and on behalf of the Electronic Messages to targeted recipients;
« Pack » defines the entire emailing service of the MailStronger platform including targeting, address rental, sending e-mails and a campaign report;
« Successful Shipment » means each Electronic Message delivered to the recipient without knowing whether he has taken notice of it or not;
« Electronic Message »means the CLIENT’s advertising message in digital form to be sent by e-mail;
« Prior consent »means the action whereby an Internet user expressly consents to receive e-mail messages via the Internet under conditions specified to him / her when collecting his or her data (general consent, and / or by interests etc...)
« Partner » means a website publisher and / or an Internet access provider for data collection.

Object 

The purpose of these terms and conditions is to define how the MailStronger platform is made available to CLIENTS as well as the conditions under which the CLIENT entrusts to the MailStronger platform the responsibility of sending in the name and on behalf of the CLIENT Electronic Messages to targeted recipients and to define the terms and conditions on which the MailStronger platform undertakes to provide specific detailed services in a detailed cost estimate accepted by the .

The subscription for access to the MailStronger Platform implies unconditional acceptance of the CLIENT to the present general conditions to the exclusion of any other document such as general conditions of purchase issued by the CLIENT.
THE COMPANY reserves the right to modify at any time the present general conditions without first notifying the CLIENTS. They are invited to consult them regularly.

 Conditions of access to the MailStronger Platform

To access the MailStronger platform, a CLIENT must have read and accepted these terms and conditions. A CLIENT must be of legal age.

Upon subscription each CLIENT will receive a login and a password by e-mail that will give him / her a private access to the MailStronger platform.
Each CLIENT agrees not to disclose these access codes, under penalty of immediate exclusion without compensation of any kind.
  The CLIENT may ask to change his access codes and receive them again in case of loss or theft.

• E-mailing services 

  The MailStronger platform provides e-mailing services from databases of e-mails collected either directly from Internet users or provided by the CLIENT (in both cases the user has given his prior consent).

  The e-mailing services are marketed in the form of "packs", each having its own specific characteristics, on simple request to which the CUSTOMER can subscribe independently.
  The services provided by the MailStronger platform for e-mailing services will be as follows:
  -  Targeting and selecting e-mail addresses of databases based on combined criteria;
  - Integration of the Electronic Message on behalf of the CLIENT;
  -  Deduplication of the client-specific file with the e-mailing file of the MailStronger platform;
  - The sending of Electronic Messages via the sending platform of the MailStronger platform;
  - Provision of a campaign report allowing the CUSTOMER to measure the effectiveness of his campaign, in particular the quantity of completed shipments which will be authentic between the parties and will serve as a basis for invoicing.
  

  Exporting database

  Our Mailstronger import system has a database analytics feature that allows you to check your clients' email addresses to ensure optimal database health.

  As a result, the database export is subject to a lump sum charge of € 1 of the CPM * (i.e. for 10,000 exported contacts, the sum of € 10 will be required).

  By subscribing to our services, the customer agrees to read and accept the Terms and Conditions of Use of the Mailstronger service.

  The database export is free for all users subscribed in plans higher than ATHLETES (300,000).

  * The database export remains free within the limit of the selected plan.
  For example: if the customer buys a SPORTMAN Plan 100.000 credits, he can export his databases up to 100.000 contacts.

Obligation of CLIENTS

• Payment

  The rates vary according to the volume of emails sent per month.

  The applicable rates are the online rates at the time of subscription

  Payment can be made by bank transfer, Credit card or the Paypal system. 
  In the event of late payment, the CLIENT shall be liable, ipso jure, and without prior formal notice, to lateness interest of 3 times the legal interest rate ; such interest shall accrue from the day of the due date until the day of full payment. All costs incurred in recovering the sums due will be borne by the CLIENT.

  Any delay in payment of more than one month authorizes the COMPANY to suspend access to the MailStronger Platform until full settlement of unpaid invoices without the Company's liability being incurred for the consequences that may result.

  Any unfair cancellation of the direct debit in your bank constitutes an offense and is punishable by law. THE COMPANY will automatically pursue ALL abusive cancellation after validation of the trial access and you will be the subject of pursuit by the bank of your country.

  COLDMAILING
  Sending cold e-mails or B2B prospecting emails is allowed at MailStronger under certainconditions: Because of the nature of this method, B2B prospecting e-mails must be made via a dedicated IP address that the CLIENT agrees to purchase. He also agrees to configure the subdomain of his choice to master the deliverability and be responsible for it.

Responsibilities

Before the subscription of the contract the CLIENT should make sure that the services offered by the Platform MailStronger are suitable to his needs.

THE COMPANY, providing to the CLIENT only a technical platform, does not guarantee any level of success in the practice of its activity by the CLIENT. The use of the MailStronger Platform is at the CLIENT’s own risk.

THE COMPANY will not be liable for any damage caused by the use of the Platform. Any use of the data collected and stored on the Platform is the sole responsibility and responsibility of the CLIENT.

THE COMPANY is not responsible for the content of any transmitted, disseminated or collected information, neither its exploitation or its update.

THE COMPANY can not be held liable under any circumstances for any action or recourse of third parties, especially because of information, images, sounds, texts, videos collected and hosted in the context of the use of the MailStronger Platformandin violationwith the laws and regulations in force, in particular the laws regarding copyrightand personal data protection.

In the event of dissemination of illegal content or violation of the law in force that could lead to civil or criminal liability and / or likely to infringe the rights of third parties, THE COMPANY reserves the right to interrupt access the Platform MailStronger without delay and without prior notice and to terminate immediately and ipso jure The contract without prejudice to the damages to which THE CLIENT could claim

In addition, because of the inherent limitations of the Internet, THE CUSTOMER declares to recognize that THE COMPANY can not be held responsible for the difficulties of access to the platform MailStronger due to a possible saturation of the networks.

The COMPANY can not be held liable for indirect damages that may be suffered by the CUSTOMER such as commercial loss, loss of orders, any commercial disruption, loss of profit, damage to the image that could result from use of the MailStronger Platform, the inability to use the MailStronger Platform, or the use of the results obtained through the use of the MailStronger Platform.
 Anyaction brought against Customer by a third party constitutes an indirectloss.

In case of pronouncement of a sentence against the COMPANY, the damages and interests charged to it are by mutual agreement expressly limited to the amount before taxes actually paid by the CLIENT to the COMPANY on the day of the pronouncement of sentence.

Retraction and refund 

The customer can decide at any time and without condition to deactivate the automaticrenewal of the contract, if the contract allows it. Under Swiss law, no refund or credit willbe granted for partially used months or unused months.

Termination 

The customer can cancel his subscription at any time. To terminate his contract and thus avoid an automatic renewal, he must do so by written request to the address contact(at)mailstronger.com or by ticket sent from his account.
Valid for customers who have not signed directly with WELEAD SA. These customers will have to respect the duration mentioned in the said contract.
This termination will be immediate and will lead to the loss of access to the MailStronger platform within the next few minutes. The customer who has canceled his subscription will not be entitled toany reimbursement from the COMPANY.

Litigation 

These general terms and conditions are subject to Swiss law. Any dispute relating to this contract shall be within the exclusive jurisdiction of the Courts of Freiburg, even in the event of a third party claim or multiple defendants.