Terms of Conditions
1. General Provisions
NetLink Technologies Ltd. (Bangladeshi limited liability company) incorporated under the laws of the People's Republic of Bangladesh, with its registered office at BTMC Building, Level-3, 7-9 Kawran Bazaar C/A, Dhaka-1215, Bangladesh, entered in the Office of the Registrar of Joint Stock Companies and Firms under number C-115988, Tax Identity Number: 125524722511, VAT Registration Number: 19111038650 (“NetLink Technologies Ltd”, “NetLink” “nMails.NET” “we”, “us” “our”) is the service/solution provider or software developer. We conclude agreements only with customers who subscribe or purchase mailing solution or SMTP (Simple Mail Transfer Protocol) for purposes relating directly to their trade, organization, business or profession. These Terms of Conditions set the rules for the use of the solution by our Customers. By visiting our website using online payment system or directly purchase from our office to the Solution you (“you” or the “Customer”) accept these Terms of Conditions and undertake to use the Solution in compliance with the provisions of this document. You should retain a copy of these Terms of Conditions for your records as upon your subscription they constitute a legal agreement between you and NetLink. If you do not agree with any of the provisions of this document, you may not purchase or subscribe to and use the Solution. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.
Under the Service we provide you with:
- Access to a web-based platform in SaaS (Software-as-a-Service) model with tools for building, managing and hosting your mailing list
- Ability to send emails to your mailing list hosted at NetLink platform
- Additional features (addons), if ordered and paid separately by you
The detailed scope of Solution features available to you under your Subscription Plan is provided in the pricing.
You may use the Solution to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”).
In order to use the Service and manage your email campaigns you must create an individual account in the NetLink platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of your Account users (“multi-users”). Certain features of the Solution enable you to specify the level at which the Solution restricts access to the Account, Webinars and Content. You are solely responsible for applying the appropriate level of access.
NetLink offers a 7 to 30 days free trial version of the Solution. During Free Trial you may host 50-500 Subscribers in your mailing list and the Solution is rendered for 7 to 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the Free Trial to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period or within 45 days after the trial period ends, will be permanently disabled.
You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during your subscription period we will align your add-on billing cycle with your Account plan monthly cycle, so that the payment dates of your services subscriptions are in line. The first time payment for the add-on will therefore be calculated in proportion to the number of days left to the end of the monthly cycle in your Account subscription.
Third Party Services
You may integrate certain third party services with the Service, especially SMTP service. These third party services are not provided by NetLink. Your ability to use the third party services may be limited according to the third party’s terms and conditions. When you integrate with a third party service, you authorize us to exchange any your data, whether confidential or not, with the third party service so you can take advantage of integration with NetLink. Any links to a third party service or website that you find in the Service or on NetLink websites are provided for convenience only and we do not control or endorse any material or information found on those third party sites.
From time to time NetLink may offer a beta-test version of new features. This allows our users to try new solutions we come up with and help us better understand your needs and develop NetLink Solution accordingly. If you decide to use a feature available in beta-test version, you agree that:
The feature is only available for a limited period of time and can be deactivated at any time and at our sole discretion.
The feature is available only to the limited extent and may be modified at any time and at our sole discretion.
NetLink does not warrant that feature made available in beta-test version will be included in the Solution and we may resign from further development of any feature at any time and at our sole discretion.
You are solely responsible for consequences of using the beta-test version, in particular but not limited for impact it may have on settings of your Account, set or planned campaigns, collected data and other information, etc. Please remember that once we deactivate the beta-test version of the feature, certain processes that took place with respect to your Account, set or planned campaigns collected data and other information cannot be reversed, and NetLink shall bear no responsibility for consequences resulting therefrom.
Upon the end of beta-test version period, the feature may be available for our users for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only, in which case the user interested in the feature needs to upgrade his Account to the more advanced pricing option.
3. Technical Requirements
4. Use of the Solution
Upon successful registration you subscribe to the Solution and agree to:
- Use the Solution for purposes directly related to your trade, organization, business or profession;
- Maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
- Send or stream through the Solution only such materials that you have full rights to use and publish on the Internet;
- Conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
- Keep the secrecy of login credentials provided to you;
- Receive commercial information about the products and services of NetLink.
You are obliged to pay in due time all fees for the use of the Solution according to the pricing option you have chosen. We offer monthly, annual and two year subscription. The current pricing offer is available on our website.
Access to the Solution is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services (VAT) will be added to the payment price in accordance with currently effective rates.
You may pay for the Solution using our assigned payment system, however, please note that payment methods may vary depending on the country of the user. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription ("recurring payment date"). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Solution is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number and continue billing on the same terms as the previously provided credit card. We are not responsible for any fees charged by payment services providers.
6. Prohibited Practices, Content and Industries
You are not allowed to use the Solution in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Condition and our Anti-Spam Policy or any copyright or other right of a third party. This rule applies also to the Content used within the Solution.
There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of NetLink’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Solution to stream, disclose, engage and/or offer to sell, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, please click here.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by NetLink. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.
We do not pre-screen or control Customer’s activity related to the use of the Solution. However, we reserve the right (irrespective of other rights under these Terms of Conditions) to refuse, remove or delete any Content (as defined in clause below), suspend email campaigns, block Customer’s landing page, stop Webinars, suspend access to the Service or its part, with or without notice, at our sole discretion if we receive any information or have reasonable suspicion that Customer’s or Participant’s activity or the Content violates any provision of the law, our policies, these Terms of Service, third party’s rights or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
All and any information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Solution, this includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content. You are entitled to use materials that we render available to you solely to use the Solution for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us. If you post, upload, send, stream or otherwise make available the Content through third parties or which belong to a third party, you are obliged to adhere to such third party’s terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Condition. You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Conditions, any legal order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party’s rights.
8. Customer Service
We provide Customer Service via Email, Live Chat, Support Ticketing or Phone. When requesting customer service or submitting complaint, you should provide at least your account information - we do not reply or take any action based on "anonymous" support requests. Customer Service contact details are available at NetLink’s Clients Portal and within your Account under “Support” “Contact” tab. Most customer service enquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint. Under certain subscription plans we offer assistance of our Account Managers.
You may cancel your Account at any time. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please follow the instructions provided on billing control panel. Please note that if you cancel your Account, your subscription will be terminated with immediate effect. Our platform allows for restoring or Re-active the Account, however mailing list/contact may remove or database cannot process automatically, it’s require manual technical support which is free for all. Restoration of the Account is subject to the payment of the fee for the next subscription period for the Solution in the aforementioned term. We reserve the right to refuse to restore the Account without reason (in particular, if we cancelled the Account due to our termination of the agreement or suspension of the Solution).
We reserve the right to terminate or suspend the Solution with immediate effect and refuse any and all current or future use of the Solution in the event that you violate any of the provisions of these Terms of Conditions. Unless otherwise stated in these Terms of Conditions the amounts paid by you under these Terms of Conditions are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy. We reserve the right to terminate the Customer’s subscription to the Solution at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Solution. Termination, suspension as well as downgrade of the Solution or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Solution or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and NetLink shall bear no responsibility for consequences resulting therefrom.
11. Service accessibility
We do not guarantee any minimum response times or delivery times in connection with performance of the Solution. We may, at our sole discretion and without liability, change or modify the features of the Solution or modify or replace any provided equipment, or software used to deliver the Solution, provided that this does not have a material adverse effect on the Solution. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Solution without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption. We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the website, at any time without prior notice.
12. Disclaimer of Warranties. Limitation of Liability
You acknowledge that NetLink provides limited warranties of any kind Product and Solution. Particularly, NetLink disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose. You are solely responsible for your use of the Solution and our websites, particularly for all and any Content, email campaigns which you send through NetLink platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
NetLink is not responsible for:
- Actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond NetLink's reasonable control;
- Failure of external conditions and networks which are necessary to use the Solution and are beyond NetLink's reasonable control;
- Problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
- Insufficient or fluctuations of the bandwidth used by Customer or Participant which may affect Content quality.
To the maximum extent permitted by law, NetLink, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if NetLink has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. NetLink's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Solution in one month immediately preceding the date the Customer notifies NetLink of such a claim, or in the aggregate, in respect of all claims under or related to the Solution provided by NetLink to the Customer. The Customer hereby releases NetLink, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Conditions caused by an external factor which cannot be foreseen and which could not be prevented include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Solution, and whose activity is independent of the Parties.
If you have any questions about this Terms & Conditions, please contact us by email or regular mail at the following address:
Postal: GPO Post Box No : 2535, Dhaka-1000, BD.