We Monitor Email – Terms of Service

Updated 16 September 2015

Welcome to We Monitor Email. These Terms and Conditions apply to and govern your access to and use of the services provided by Yoyodyne Limited, trading as We Monitor Email. When we say “we”, “us” and “We Monitor Email” we are referring to Yoyodyne Ltd, trading as We Monitor Email. The monitoring service provided by We Monitor Email is referred to as the “Service”, while the officers, employees, agents, sub-contractors and affiliated companies of Yoyodyne Ltd are referred to as the “Team”. When we say “you” or “customer” we are referring to the person or entity that is registered with us to use our services or is using our website. When we refer to the “parties” we mean We Monitor Email and the customer.

Please review the Terms and Conditions (“Terms”) carefully – by using the services you agree to the Terms. You may not use the service provided by us if you do not agree to the Terms.

Disclaimer

The following are the only Terms upon which We Monitor Email will undertake all and any service and/or supply of goods. No variations or alterations to any term or condition as herein contained will be permitted without the express written consent of We Monitor Email.

Your use of the Service

By accessing or using the Service you agree to be bound by the Terms.

Your account:

You must provide us with accurate information when you create an account with us in order to access the Service. You are responsible for keeping that information up to date. You must promptly notify us in writing of any alterations to relevant mobile phone numbers, email addresses, physical addresses and other details that you provide to us.

You are responsible for safeguarding any passwords used by you to access the Service.

We may maintain different types of accounts for different types of users and/or different types of organisations.

Use or access on behalf of others:

If you are using the Service on behalf of an organisation or entity, then you are agreeing to those Terms on behalf of that organisation or entity. Where you use the service on behalf of another person, it is understood that you have consent to do so and you have the obligation to inform that other person. We Monitor Email reserves the right to contact such other person directly, in any case where there is doubt in relation to consent being given.

Term

Except as otherwise provided in these Terms, the Terms begin as of the date of the activation of your account or your receipt of an e-mail from us confirming your order, whichever happens first (the “sign-up date”). The Terms continue for as long as you use the Service. The initial term shall run from the sign-up date to the end of that calendar month and the Terms shall be automatically renewed each month thereafter for additional periods of one month or more in line with the agreed billing period, unless and until sooner terminated pursuant to the provisions of the Termination section.

Termination

Notwithstanding anything to the contrary in these Terms, either Party (without prejudice to its other rights) may terminate these Terms at any time and for any reason by giving Notice to the other Party.

We Monitor Email may suspend its Service to you at any time, with or without cause. If we terminate your account without cause, we will reimburse any unused portion of the payment you provided.

We will not refund you if there is cause, namely:

  • a breach of any of your obligations under these Terms (including without limitation, your failure to pay sums due to We Monitor Email by the due date);
  • any action or proceedings under insolvency law is taken against you, or you make any arrangement or compromise with your creditors, or cease to carry on business or suffer any execution or distress over your assets, or shall be the subject of a voluntary or compulsory liquidation (other than for the purpose of reconstruction or amalgamation) or an administrator or an administrative receiver is appointed.

In the event that any of these circumstances arise, We Monitor Email shall be entitled to retain any sums paid to us by you and recover any sums due to us pursuant hereto whether invoiced or not at the date of termination. Upon termination of the Service and/or the Terms under these circumstances, you must make payment for outstanding invoices or charges due from the supply of services by us up to the date of termination.

If you wish to terminate the services supplied by We Monitor Email in circumstances unrelated to those identified above, you must give us a minimum of 30 days written notice of your intention to terminate. Once terminated, we may permanently delete your account and all the data that is associated with it.

In the event that We Monitor Email resumes any of the Services that it has suspended or terminated, it reserves the right to charge a resumption fee in accordance with its current charges at the time of the resumption.

Fees and Payment

Fees (the price for our services):
We charge on a monthly, quarterly or annual basis as agreed with our customers. We may change our fees at any time by posting a new pricing plan on the website and/or by sending our customers an email notification.

Method of Payment:
Unless otherwise agreed in writing by We Monitor Email, you agree to make payment for the Services in the Euro currency as follows:-

  • by credit or debit card payment against invoices received; or
  • by standing order for payments which are monthly, quarterly or annually as indicated by us; or
  • by Electronic Funds Transfer such as SEPA, SWIFT or BACS transfer, whereby all transfer charges should be paid for by the customer and not by us.

Time of Payment:
Payment for all services must be made by the Due Date indicated on your invoice. This is the date on which payment is due for the Service provided by us. Different customers may have different due dates, as agreed with us.

  • Fees payable by the customer are exclusive of Value Added Tax and other taxes, duties, levies or other deductions or withholding taxes. The customer shall be obliged to pay any such taxes or other amounts notified to it by We Monitor Email.
  • We Monitor Email reserves the right to withdraw, suspend or otherwise postpone any Service provided to the customer until such time as any outstanding payments are made.
  • If We Monitor Email does not receive payment within the agreed payment period of the date of the invoice, it may terminate these Terms as regards any Service provided to the customer and without further obligation to the customer. We will suspend your account until your payment can be processed.
  • Non-delivery or non-performance of services by any third party, other than sub-contractors of We Monitor Email, shall not give the customer any right to delay any payment to We Monitor Email or to make any claim whatsoever against We Monitor Email.

Indemnity, Warranties and Liabilities

Indemnity:
The customer hereby agrees fully to indemnify, keep indemnified and hold harmless We Monitor Email and the Team from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by We Monitor Email or the Team directly or indirectly and in any jurisdiction as a result of any breach by the customer of their obligations or warranties under the Terms.

Warranties:
The Service is provided on an “as is” and “as available” basis. We Monitor Email makes no warranties or representations that any Service will be uninterrupted or error-free. Use of the Service is at the customer’s own risk. Both parties hereby warrant that each has full authority and power to enter into these Terms.

Liabilities:
We Monitor Email shall not be liable for any services or products to be supplied by any third party.

We Monitor Email shall not be liable for any loss or damage of whatsoever nature suffered by the customer arising out of or in connection with any breach of these Terms by the customer or any act, misrepresentation, error or omission made by or on behalf of the customer.

Without prejudice to your right to any refunds applicable under these Terms, We Monitor Email will not be liable for any indirect or consequential loss, account for profits, wasted management time, damage, cost or expense of any kind whatsoever and howsoever arising (whether out of the provision of the Services or failure to provide the Services or otherwise), loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings or any liability of the customer to a third party, even if We Monitor Email has been advised of the possibility of such loss.

No matter how many claims are made and whatever the basis of such claims, We Monitor Email’s maximum aggregate liability to the customer under or in connection with these Terms in respect of any direct loss whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by the customer during the then previous month. In other words, our total liability for claims made about the Service will not exceed what you paid us in respect of the Service for that month.

You represent and warrant that your use of the Service complies with all relevant legislation in relation to the information and material that you provide to us.

Confidentiality

Each of the parties agrees not to disclose any confidential Information received from the other party, or make any use of any such confidential Information other than for the purposes of performance of this Agreement.

However, each party may disclose confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of these Terms, provided that such persons are subject to obligations of confidentiality in respect of such confidential information.

The confidentiality obligations under this section shall not apply to any information which :-

  • is or subsequently becomes available to the general public other than through a breach by the receiving party; or
  • is already known to the receiving party before disclosure by the disclosing party;
  • is developed through the independent efforts of the receiving party; or
  • the receiving party rightfully receives from a third party without restriction as to use.

General

The Service may change from time to time as features are added, removed or modified. This may be done without notice to the customer. We may temporarily stop providing the Service or features within the Service to you or users generally and we may not be in a position to provide you with prior notification of this.

If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

The customer’s rights and obligations under these Terms are personal to the customer and the customer undertake that he/she shall not, without the prior written consent of We Monitor Email, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

We Monitor Email reserves the right to sub-contract any of the work required to fulfil its obligations in provision of the Service. We may assign our rights to any other individual or entity at our discretion.

Any Notice given pursuant to these Terms may be sent by facsimile transmission or by pre-paid registered letter or recorded delivery. Such Notice shall be deemed to have been duly served upon and received by the addressee when sent via facsimile, when the sending instrumentation acknowledges that the information has been received, and when posted, 48 hours after correctly addressed and pre-paid posting.

Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance of any part of the Service (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

Neither party shall be liable to the other party for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of indirect, economic or consequential loss even if that loss or damage was reasonably foreseeable or that party was aware of the possibility of that loss or damage arising.

Neither party shall be liable for any claim made more than one month after termination of these Terms.

Any delay or forbearance by either party in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

These Terms shall be governed by the laws of the Republic of Ireland.

Updates

We may update our Terms and Conditions from time to time. We will post a notice on the website, along with a copy of the updated Terms if we change the Terms in a material way.

Contact us

Thank you for reading our Terms and Conditions. Please contact us if you have any questions on it or require any clarifications.