General Terms and Conditions

The present General Terms and Conditions of Use applies to all of the Internet services of Maxony Suisse 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
• Politics and related activities
• 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 customer agrees to pay the rate corresponding to the service chosen on our payment platform, in the currency and the country of residence of the customer. The prices on our websites do not include tax. Depending on your country of residence, Value Added Tax (VAT) may apply.

The contract is effective upon receipt of payment by Maxony by credit card or bank transfer. When paying by bank transfer or international credit card, your bank may apply additional fees. These costs are your responsibility, please contact your bank for more information.

Maxony can change its rates at any time for the end of a month. Maxony can especially adapt its prices in the case of any major change on the foreign exchange market (FOREX) or particularly intensive use of its services by the client.

Prepaid accounts have an unlimited life as long as they are used at least once every 12 months. (See the section Close your account). Subscriptions are billed to the customer once a year. They must be paid in advance and are not refundable.

Free accounts are unpaid subscriptions that include restricted use of our software and applications. These restrictions are explained on the product site and can be changed at any time without any warning. You can switch to a paid account at any time or close your account. Free accounts are automatically deactivated after 30 days.

Maxony services are established according to the information on the website in effect at the time of purchase.

Maxony reserves the right to modify its product sheets and websites at any time, thus offering its customers the possibility of benefiting from the latest developments in terms of products throughout the duration of the contract.

When purchasing, Maxony via its PCI compliant payment partner, will save the payment method in order to be able to complete the one-click, auto-refill and auto-renew payments that would be selected. At any time, the user can add, modify, delete a payment method or an optional service from their customer account.

Optional Services

Fixed IP rental

When ordering a subscription, you have the option of renting a fixed IP annually. This remains the property of Maxony.

In the event of misuse of the rented IP, for example a frequent blacklist of this IP which generates frequent support, Maxony reserves the right to recover its IP without any refund. However, the customer must be notified by email before removing the IP from their account.

The dedicated IP (s) will be renewed automatically if automatic renewal is activated.

Implementation of the "SenderName" for sending SMS

When sending SMS, you can display a name instead of the sending number. Maxony will attempt to deliver messages with your "SenderName", if possible. Please note, however, that we cannot guarantee that messages will be delivered using your specified sender ID, as it may be changed by our operator networks, with or without notice, which will result in the use of a different sender ID. The delivery of your messages is our first priority.

It is therefore necessary to understand and provide certain elements that we also display on the reservation page of this optional service:

• All operators (depending on the country and rules which may change) do not display the "SenderName"
• The SenderName must have 10 characters MAX, no space, special characters, apostrophe, etc. Alpha Numeric only.
• The SenderName can be your company name or telephone but must be validated.
• You must provide a copy of registration to a company register in your country
• You must provide a copy of the signatory, owner, administrator of the company
• These documents must reach us at

If the request is refused, it can be changed free of charge. Once the request is accepted, the "SenderName" will remain active as long as the account is active, with no annual fee. The "SenderName" is not refundable.

Auto-Refill

Automatic credit recharge option used mainly by API and SMTP services to avoid missing shipments due to lack of credits. Indeed, if the account has less than 100 credits for example, you automatically reload of 2000 credits. These values ​​are configurable in your account. This service is valid as long as you have a valid credit card in your account. Prepaid credits are not refundable.

Auto-Renew

Automatic subscription renewal option to avoid closing the account in the event of non-renewal. You can change this option at any time in the customer account. Upgrades and downgrades cannot be performed via this option but only manually. This service is valid as long as you have a valid credit card in your account. Prepaid subscriptions are not refundable.

OneClick Payments

To save time, in the Mailpro application, you have several places which calculate the number of credits, before sending for example. If you are missing credits, you can select a number of credits and click on "Purchase one click" and you will receive them immediately to continue your shipment. Save time appreciated. This service is valid as long as you have a valid credit card in your account. Prepaid credits are not refundable.

 

ORDER CANCELLATION

For any cancellation of order, administration fees are applied up to a minimum of 50 EUR per refund. From 500 EUR, the administrative costs amount to 10% of the amount of the order.

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.
 

Force Majeure

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 21^st april 2019
The present general terms and conditions of use cancel and replace all previous equivalent documents.