Terms and Conditions
1. Validity of Conditions
Show-Down Trading 25 CC t/a LOW FAT ( “LOW FAT”) offers its services exclusively on the basis of the following terms and conditions. These terms and conditions apply to all current and future legal transactions between the customer, Inxmail and LOW FAT. Additionally applies the ‘ “license agreement” of Inxmail software.
The LOW FAT clients are typically businesses (legal persons), but also consumers (natural persons).
Special terms and conditions of customers are hereby rejected. Changes in the contractual conditions of LOW FAT are only effective if they were confirmed in writing by LOW FAT.
2. Services of LOW FAT
The LOW FAT sells products and software solutions for email marketing. The e-mail marketing system is offered as an ASP service and as a license.
ASP means: LOW FAT provides the customer the technical platform to implement email marketing actions. Inxmail try to deliver all your email messages to be sent, but can not offer any guarantee of success for the actual delivery. LOW FAT is only the carrier that transports the emails and does not control the content with regard to the legal, factual or other aspects. LOW FAT is therefore not responsible for the content of e-mail messages it conveys.
License means: the buyer acquires the right to install or use the Inxmail software in accordance with the license.
3. Conclusion of the contract
With the order, the customer declares its intention to acquire the binding service ordered. LOW FAT is entitled to accept the contractual offer stated in the order within 10 days from the date of receipt at LOW FAT .
A contract with LOW FAT goes through acceptance of the order by confirmation in written form, by fax or by e-mail or the performance of the service by Inxmail.
Changes and additions to the contract are only valid if LOW FAT has confirmed in writing, by fax or by e-mail.
If a consumer orders a service electronically, confirming receipt of the order is transmitted immediately. The confirmation of receipt does not represent the conclusion of a contract. The confirmation of receipt can be combined with the declaration of acceptance.
The order is processed on condition of correct and timely delivery by suppliers of LOW FAT , to this extent Inxmail is not liable for non-delivery. In case of unavailability of the product / service ordered, the customer will be informed without delay and any payments made in advance will be refunded.
When the consumer orders services electronically, the contractual text will be stored by LOW FAT and sent to the customer on request by e-mail in addition to the terms and conditions applicable.
4. Delivery and rights of use
For delivery and rights of use, the provisions of ” the software license agreement “between the customer and LOW FAT .
5. Prices and payment conditions
The prices indicated in the price list are binding. All amounts are exclusive of VAT.
LOW FAT reserves the right to change prices for its software and services. The price increases are announced by LOW FAT at least six weeks before their entry into force. If the order defines a longer delivery time of four months, we will charge you for LOW FAT valid prices at the time of delivery or provision of software or services
If the services which LOW FAT performs for the customer are not listed in the price list, for these must be entered into a separate agreement.
Unless otherwise agreed, payments are due immediately upon receipt of invoice. If a customer does not pay within the period following receipt of the invoice, the customer is late. The relevant rules. Inxmail reserves the right to demand higher compensation for delayed payments from a firm. In case of delayed payment, LOW FAT is entitled to stop all services and deliveries to the customer, also from other contractual relationships.
A customer’s right of retention is excluded, unless it is not indicated on the same contract. The customer is entitled to offset payments only if the action is legally valid.
In the event of a sale to a destination according to the instructions provided by the customer, the customer has to pay a shipping and handling fee includes packing. The customer is responsible for disposing of the packaging material.
Delivery dates are binding only apply by written agreement. The delivery period is extended appropriately in the event of work stoppages (strikes / blocks), or legal provisions (eg import / export restrictions), or force majeure events. In case of delay by the seller, the customer is entitled to cancel the contract after setting an appropriate deadline. Additional compensation claims in this regard are excluded, even to the extent that Inxmail has been guilty of gross negligence or intentional.
6. Right of return and withdrawal
For orders of a consumer, the consumer has the right to return within two weeks received the software and to terminate the contract without giving any reason. The consumer can exercise this right by returning the software and documents to Inxmail or by declaring his withdrawal from the contract in writing, by fax or e-mail and confirming that the software has been deleted.
In the case of an order worth more than € 40.00, the consumer is not required to bear the shipping costs for the return.
Timely submission to the LOW FAT is sufficient to comply with the time limit.
The consumer must pay compensation for the deterioration due to misuse of the product. The consumer may carefully and closely inspect the product. Any use beyond this means that the product can no longer be sold as new, the consumer will have to support the loss of value.
Licenses or products created ad-hoc or custom are generally excluded from the possibility of return.
7. Duty of users’ attention
The customer must be treated with utmost confidentiality the personal user name, password and access keys provided by Inxmail. He must ensure that no unauthorized person will become aware of, or may use. In case of loss, or if an unauthorized person becomes aware of the username, password, and customer access keys, the customer must immediately inform LOW FAT in writing, by fax or by e-mail, so that LOW FAT can block them.
LOW FAT and the user accepted that it is not possible to develop computer programs in such a way that they are free of errors for all conditions of use. Under the rules in force, LOW FAT warrants that the software corresponds to the duties arising from the product description and the manual, as well as other explanatory material, and can be used accordingly. No warranty is given by Inxmail for the other functions.
Any significant difference between what was delivered and what is expected by the customer, LOW FAT offers at its discretion, the repair or replacement delivery. If the customer is a consumer, he can decide whether he prefers to be repair or replacement. LOW FAT has the right to reject the choice of the type of solution if it had an unacceptable cost and the other solution does not entail any specific disadvantage for the consumer.
If LOW FAT fails to eliminate significant differences between what was delivered and what is expected by the customer within a reasonable time by repairing or otherwise allowing the user to use the software in accordance with the contract, the user can request a reasonable reduction of the payment or withdraw from the contract.
Companies are required to report and describe visible defects within one week of receipt of the software provided, in writing, by fax or e-mail, otherwise the assertion of warranty claims is excluded. The timely dispatch of the notification is sufficient to ensure compliance with the time limits. The company bears the burden of proof as indicated in the complaint, in particular for the defect itself, the detection time and the timeliness of reporting. If it detects a behavior that violates the contract, consumers are required to report on obvious defects within two months from the time of the survey, in writing, by fax or e-mail. Compliance with the time limit is the receipt of the notification by LOW FAT . If the consumer does not send this notification, warranty becomes void two months after the discovery of the defect. This does not apply in the case of malice by LOW FAT . The consumer bears the burden of proof for the defect.
The user is obliged to provide LOW FAT verifiable documentation on the type and occurrence of deviations from the agreed functions and cooperate for fault location.
The warranty does not cover defects that were caused by a different use than the conditions of use of the software or to correct defects or modified versions of the software and the license material. If, after repairing the consumer decides to cancel the contract, he loses the right to any other guarantee on the basis of the defect.
The warranty period for software provided is one year from delivery for enterprises and two years for consumers. This provision shall not apply if the customer did not report the defect in time.
9. Limitation of Liability
In case of simple negligence, breach of duty by LOW FAT , its legal representatives, its servants or agents, the liability of Inxmail is limited to foreseeable and immediate damages related to the contract. LOW FAT is not responsible to the business where a small negligence in breach of non-essential contractual duties. These limitations of liability do not apply to claims of consumers, or if they relate to injuries and damage to health or the loss of the client’s life.
LOW FAT does not provide any guarantee if the software has been corrected or modified by the customer.
Additional warranty rights, regardless of legal basis, are expressly excluded. Inxmail is not responsible in particular for loss of data, damage to data transmitted or to other programs, service interruptions. etc. The limitation of liability does not apply if the responsibility is demonstrated by gross negligence or intentional.
10. Data protection
LOW FAT treats all data confidentially and uses it only for the purposes specified in the contract. The data is not transmitted to third parties without the customer’s permission.The data will be completely deleted on request if they are not necessary for the performance of the contract.
11. Exemption Statement
The customer expressly undertakes to comply with all regulations, in particular those which limit the distribution of content and all of the data protection rules. If you make a complaint against Inxmail by a third because of a violation of law by the customer, of any kind (in particular but not exclusively for sending e-mail or fax to recipients who have not given their consent for this), the customer must exempt Inxmail from such claims and agrees to bear all expenses incurred by Inxmail. This also includes the costs associated with the legal defense of these claims.
12. Other provisions
Additional agreements do not exist. Changes and additions to these general conditions must be made in writing. This also applies to agreements in which the written form requirement is canceled.
This agreement is subject to the law of the South Africa.
If any provision of these Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. Replacing the provisions partially or totally ineffective, the regulation applies in the country that more closely reflects the goal of the original provision.