Zinester.com is property of Agava Software Company. This Premium
Mailing List Services Agreement explains obligations of Agava Software Company
(further referred to as Agava or "we") to its clients (further referred to as
"you") and their obligations to Agava. By using our Premium Mailing List
Services (further referred to as "Services") you acknowledge that you have read
this Service Agreement and agree to be bound by all the terms and conditions
stated in the Agreement or in any policies or rules we may publish. For
instance you agree to the terms & conditions stated in our Privacy Policy and Anti-Spam Policy.
2. Fees and Payment
You agree to pay for the Services according to the packages
you have purchased. Below is a number of statements you agree to
comply to by using our services:
2.1. There will be two types of
payments. The first type are those payments that are accepted in
advance - the package payments. You can choose to pay them every month
or purchase a larger period initially (discounts exist for 6 months
and 12 months).
The second type are the so-called performance payments. They
are paid every month if you exceed the message volume included in the
initial package. If you feel uncomfortable to pay every month, you can
have a performance deposit set up for you.
2.2. Payments are accepted in U.S. dollars.
All the prices are final and are detailed on our pricing page.
2.3. Agava reserves the right to change payment rates and will
inform its clients via email 15 days prior to the date the changes are
due to take place. However clients, who had already purchased a
certain package, will not have to recalculate their payments and will
use the Services according to the previous rates throughout the
purchased period (this applies to package payments only).
2.4. Payments are made via a credit card or wire transfer. For
wire transfer details or to request another form of payment please
contact sales@zinester.com.
Clients, who have chosen to pay via credit card agree to:
1) provide complete and accurate information as required by the
registration process and 2) keep this information up to date.
2.5. Agava reserves the right to switch
your Premium account back to the free version if payments are not due
in time. A Premium account can be switched back to free in any of the
following cases: 1) credit card charges are denied; 2) no
package payments have been made after 15 days since the previously
purchased period is over; 3) no performance payments have been
made during 15 days since the month, during which the purchased
message volume had been exceeded, is over.
3. Return Policy
We hope that you will be 100%
satisfied with your purchase. If for one
reason or another, our services does not meet your expectations, we
apologize in advance and offer 100% money back guarantee on our
services within 30 days.
If you have been using our service for a while and then decided to
cancel your account, we will return you the remaining money.
If you have other questions or concerns about our return policies,
please email us.
4. Illegal Use and Abuse.
Agava's services may not be used for any illegal purposes,
such as transmission, storage, distribution or usage of:
1) copyrighted material, trademarks or other intellectual
property without proper authorization; 2) obscene, defamatory
material; 3) material that is harassing, offensive or harmful in
any way; 4) adult material.
5. Limitation of Liability
5.1. Agava does not guarantee a 100%
reliability of the Services and will in no case be responsible for
direct or indirect damages resulting from the use or inability to use
the Services. Agava and its employees or owners will not be liable to
you or anyone else for any loss or damage of any kind (including lost
profits) resulting from, but not limited to: 1) message posting delays or
interruptions; 2) data non-delivery or data mis-delivery;
3) unauthorized use of login and password; 4) any errors or omissions in
the functioning of the Services.
5.2. Agava is not responsible for the
content of the messages posted through Zinester's messaging system.
The content is not reviewed by Agava nor before posting, nor after the
message had been posted. However, under pressure from a third party
(copyright owner, law organization, etc.), Agava may ask a client to
pay closer attention to content that is being published through
Zinester. Continuous refusal to act according to copyright and content
laws may be grounds to account termination.
5.3. Agava reserves the right to change
any terms of this agreement. The new terms are active as soon as they
are published at Zinester.com.
5.4. Though you have the right to
terminate your account at any time (by simply seizing to use it),
Agava will only refund your fees starting from the end of the current
thirty-day billing cycle. Your performance deposit will be paid back
as well.
6. Acceptance of agreement
6.1. By paying for the services you
accept the terms & conditions stated in this agreement.
6.2. By accepting the terms & conditions
you attest that you are of legal age.
