General Terms and Conditions of Use
MAXONY Group, Formpro publisher

General Terms and Conditions of Formpro, edited by Maxony Group

The present General Terms and Conditions of Use applies to all of the Internet services of MAXONY Suisse SA (former AgenceWeb SA), a Swiss Corporation for European clients and Maxony Inc., a Panamanian Corporation for Non-European clients (Here after “Maxony” or “We”). They are an integral part of the Internet Service contract(s) concluded between Maxony and the client (Here after “Client” or “You”).

Maxony reserves all rights to change or update these terms at any time as law in the Internet business are always improving. Maxony will communicate the updates on his website or by email. The client has to keep updated with those terms.

The Internet Service are exclusively reserved for a professional use and are not available to minors under age of 18.

Maxony Services

We provide internet applications and software that allow you to send emails, SMS; create forms, surveys and websites. Each of the services of Maxony are defined by the Internet Service Official Website of each product in its own language and made available by Maxony on their specific Internet Domain Names. The Software, Website, Domain Names, Application used by the client belong to Maxony. The Client undertake not to use these software and applications outside contractual relations; in particular, the client undertake not to copy any codes relative to the software and application that Maxony makes available. The client undertake not to use any copyrighted material from Maxony without prior written agreement.

Client Obligations

The client must provide and maintain a valid postal address and valid phone number. Post-office boxes must always be accompanied by the client's actual address (including street and residence number).

The client must keep a valid email address appearing on the “My Account” application. In the event of a change in e-mail address, the client must change it in the “My Account” section of the application or inform Maxony through our support contact within two working days following the activation of the new e-mail address.

Unless otherwise agreed in writing, only the client is authorized to use the services of Maxony. Any use or ease of access granted to third parties is prohibited unless expressly authorized by the contract.

The client is required to grant access to technical equipment made available to him/her by Maxony and to equipment used when using the services of Maxony to officials of Maxony, insofar as the maintenance of the quality of the services requires.

The client affirms the authorization of Maxony to transmit information to third parties concerning his Internet network connection and the name of the contact person responsible for the connection insofar as this is necessary for the correct functioning of the provision of services and of their coordination by Maxony.

Authorized Use Rules

The sending of mass advertising by means of an electronic messaging service (email or SMS) made available by Maxony is authorized only on the condition that the client law in his own country relative to mass advertising.

The client is required to use the services of Maxony in accordance with legal and contractual provisions.

To be an authorized client, you need to acknowledge these rules:

  • Do not send Spam! A message is Spam only if it is both Unsolicited (don't have authorization to send) and Bulk (same message to multiple email address or phone numbers).
  • Do not send insulting, discriminatory, illegal and unlawful content like illegal products or services.
  • Do not send message violating any rights but especially Intellectual Property Right of any third party. You have to own or have the authorization of use of the property rights of the images (logo, pictures) you use with or software as well as the content copyrights.
  • Do not send message containing sensitive personal data such as health information, bank information, credit card information or whatsoever.
  • Do not use purchased, rented, or third-party email addresses.
  • Comply with our API Use Policy if you use our software API.
  • Do not use our services if you are belonging to an Industry listed in our “List of industries not allowed to use our service” in this document.

Complains and Spam Abuse

In case you did not follow our “Authorized Use Rules” and if we receive an Abuse Complain because of your email or SMS campaign, we will ask you the following information:

  • Proof of consent of the subscribed person (email and or SMS)
  • Date and time
  • Newsletter subscription agreement
  • Existing customer relationship
  • Any other information showing how you legally collected his information.

In the case that we do not receive the information after 48 hours, or in case we don’t find your information convincing after evaluations it, we will preventively close your account. The closing of your account doesn’t give you the right of being reimbursed (see Closing Account Section).

Bandwidth Abuse

You may only use our bandwidth for your emails. We provide data and image hosting only for your email, so you may not host files or images on our servers for anything else (like a website). Notice that in case of non-respect of the clause we will close your account (see Closing your Account section).

List of industries not allowed to use our services

In order to guarantee the best possible deliverability for our clients, we exclude sectors of activity that represent a threat to our reputation. These sectors of activity are:

  • Profit opportunities and working at home
  • Trading and online speculation
  • Gambling and online casinos
  • Pornography and sexually explicit content
  • Escort Service
  • Sales of pharmaceutical products
  • Fortune telling
  • Esoteric sciences and Astrology

Maxony excludes these areas without value judgments. The industries presented above are generally akin to spam and can affect the efficiency of our routing services.

Pricing and services

The client agrees to pay the price corresponding to the service selected on our payment platform, in the currency and country of residence of the client. Prices on our websites are tax free. Depending on your residential country, Value Added Tax (VAT) may apply.

The contract is effective upon receipt of benefit payment for Maxony via credit card or bank transfer. For bank transfer or International credit card payment, your bank may apply some extra costs. These costs are your responsibility, please contact your bank of financial institution to know more about it.

Maxony may modify its prices at any time with 30 days’ advance written notice for the end of a month. In particular, Maxony may adapt its prices in the case of any modification of the forex exchange market or of a particularly intensive use of its services by the client.

Free accounts are non-paid subscription subject to use our software and applications with restrictions. These restrictions are explained on the product website and can be changed at any time without prior notification. You may at any time upgrade to a paid account or close your account.

Pre-paid account have an unlimited life time as far as they are used at least once every 12 months. (see Closing your Account section).

Subscriptions account are invoiced to the client once a year. They are fully payable in advance and non-refundable.

The services of Maxony are established according to the product information sheets or website information in effect at the time the contract is concluded.

Maxony may modify its product information sheets and websites information at any time and thereby its clients may benefit from the latest product developments during the contract period. If the client so wishes however, he/she may ask to maintain the previous version of a product in this regard for a period fixed by Maxony. A cost of maintenance may apply to the client.

Closing your Account

You or Maxony may terminate this agreement at any time and for any reason by giving Notice to the other party. If you decide to close your account, you can do it anytime from “My Account” section in your application. Also keep in mind that we may suspend our Service to you at any time, with or without cause. If we suspend your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits.

We won’t refund or reimburse you if there is a violation from your part of these General Terms or our “Authorized Use Rules”.

We won’t refund or reimburse you if you decide to terminate this agreement and you didn't terminate your email or SMS credits or if you’re annual subscription isn't arriving to its end. We advise you to first terminate your credits before you terminate this agreement.

Closing your account will delete all your data, including your personal data apart from the information needed by our invoicing system.

Also notice that if your account wasn’t used or wasn’t billed for at least 12 month, as well as if your subscription renewal payment is delayed more than 10 days, your account will be considered “inactive” and we may delete permanently your account and all associated data.

Confidentiality

Maxony undertakes to keep confidential all of the client’s information, data and confidential documents, even following the end of the contract period, and to subject its employees and officials to the same obligation of confidentiality.

Any information which is part of the public domain at the time of the contract or which falls into the public domain without Maxony having violated its obligation of confidentiality; any information which was already known to Maxony before it was communicated by the client; and any information which becomes known to Maxony through a third party, without any violation by the latter of an obligation of confidentiality which pertains to the client are not considered confidential in the sense of this provision.

Copyright

The logos of Maxony and Logos of our software are registered trademarks with the Swiss Federal Institute of Intellectual Property (IPI).

The content, information and texts contained in the Maxony's websites are protected by the International Law on Copyright and Neighboring Rights.

Their extraction is exclusively reserved for strictly personal, non-collective and non-commercial use.

Any other use, diffusion, redistribution or reproduction of these photos, texts, logos and applications for a purpose other than personal and non-commercial, including on another website without a written, express and preliminary agreement of Maxony is strictly prohibited.

Any reproduction (transfer on another medium) or use of data from the Maxony’s websites is exclusively limited to the personal and private use of the users of the Internet network, excluding any distribution notably for commercial use.

Any reproduction or use, even for private purposes, of all or a substantial part of the data on the Maxony website is strictly prohibited and subject to prosecution in accordance with the Swiss Law on Copyright and the international conventions in force.

Guarantee in the case of defect

The client must inform MAXONY in writing of the discovery of any possible defects affecting the software, modules or applications made available to him/her and of any other disruptions hindering his/her access to Maxony’s services within two working days following this discovery.

If the client has respected the above requirements, Maxony will resolve the problems and eliminate the application bug as soon as possible according to normal procedures. Other guarantees likely to follow a failure (including cancellation and price reduction) as well as all damage claims (including loss of profit, interruption of services, etc.) are expressly excluded.

If it emerges during troubleshooting or repair work that the failure was due to a manipulation error by the client, to the installation of the client’s equipment or to another cause attributable to the client, Maxony is entitled to invoice the client for expenses incurred by the intervention.

Responsibility

Maxony cannot guarantee a functioning of its services which is free of interruptions and disruptions, of set transfer times, of set capacities nor guarantee absolute protection of its network from illegal access or Maxony excludes all responsibility in cases of malfunctioning outside its sphere of influence, especially those linked to service interruptions among various Internet access providers or other benefits provided by third parties. In particular, Maxony cannot be required to provide replacement benefits in these kinds of cases.

Similarly, Maxony excludes any liability for damage to the client through hacking, spamming, phishing or similar acts. In particular, any responsibility is excluded in case of harm suffered by the client following a misuse of connections by third parties (including viruses), by the transmission of false or misleading information, or through the use of third-party benefits.

Within legal limits, Maxony excludes all liability for direct or indirect damage, including the loss of earnings, incurred by the client, particularly in cases of defects, of breakdowns or of erroneous or incomplete transmission of data.

You acknowledge and agree that Maxony shall not be liable for any loss or destruction of your data. You shall be responsible for ensuring that you have proper backup therefor.

For situations in which Maxony is accountable, it is only so to the extent of the damage caused, to the amount of client annual bill.

Major Force

The obligations of Maxony are suspended when the provision of its services is temporarily interrupted, partially limited or made impossible in the case of circumstances beyond its control. Especially considered among cases beyond its control are any restrictive regulations, any attack, any war, insurrection, strike or other disturbance caused by workers; any fire, flood or other considerable natural event, as well as other causes beyond Maxony sphere of influence.

Damage sustained by Maxony

If Maxony or one of its officials is subject to a criminal, civil or administrative prosecution due to the fact that the hosted data does not respect the legal provisions in force, the client must relieve the concerned party of all claims and accept responsibility for the damage caused, including legal representation and court expenses as well as a possible breach of ethics.

Modification of our legal document

The present general terms and conditions of use, including policies of this document can be changed at any time by Maxony.

In case of new law or regulation, you will be asked to validate the new legal documents inside our software.

Applicable law and place of jurisdiction

Relations between Maxony and the client are governed by Swiss Laws for Switzerland and European Countries and by Panama law for America and Latin America.

For any litigation concerning the various Internet service contracts concluded between Maxony and its clients, the courts in Geneva, Switzerland or Panama City, Panama.

Date 17th april 2018
The present general terms and conditions of use cancel and replace all previous equivalent documents.

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