1. Agreement
Please read this document carefully. By signing up for a Digital4Front (Pty) Ltd account you are entering into an agreement to be bound by the terms and conditions detailed in this document. This agreement comes into effect when you register as a Digital4Front (Pty) Ltd user and remains in effect as long as you make use of the Digital4Front (Pty) Ltd service. These terms and conditions apply to all Digital4Front (Pty) Ltd users, including free trial users, pay as you go users, and monthly billed package users.

 

2. Definitions

Digital4Front (Pty) Ltd (or the ‘Service’) is an email service offered by Digital4Front (Pty) Ltd (or the ‘Company’) through the URL www.d4f.co.za(the ‘Website’). The Service facilitates the creation and management of permission-based subscriber databases (or ‘Lists’), as well as the creation, management, and sending of emails to recipients (or ‘Subscribers’) who have indicated their interest in receiving such emails. Any person making use of the Service is considered a User according to this agreement (or ‘you’)

 

3. Eligibility
In order to use Digital4Front (Pty) Ltd you must:

• • be 18 years of age or older;
  • be able to enter into contracts;
  • agree to the Terms and Conditions contained in this document;
  • provide true, complete, and current contact information; and
  • agree not to use Digital4Front (Pty) Ltd in any way that violates any laws or regulations to which you, Digital4Front (Pty) Ltd, or the recipients of your emails are subject.

 

4. Changes
Digital4Front (Pty) Ltd reserves the right to make changes to these terms and conditions at any time. Users will be notified by means of an email sent to their most recently provided email address. Updated terms will also be posted on the website. Once they are posted, changes to the terms will apply immediately to any current or future users. Unless you terminate your use of the service within ten (10) days of any new terms and conditions coming into effect, your continued use of the service will indicate your acceptance of the new terms. Digital4Front (Pty) Ltd reserves the right to change any aspect of the website, the service, or any particular feature of the service at any time

 

5. Termination of agreement
You may terminate this agreement at any time and for any reason by notifying Digital4Front (Pty) Ltd. Digital4Front (Pty) Ltd will terminate your account without prior notice if we determine that you have violated any of the terms of this agreement. If your account is terminated for violating the terms of this agreement, Digital4Front (Pty) Ltd will not refund any monthly subscription fee or any other fee for services rendered.

 

6. Security
You are responsible for maintaining the security of your login details. You are required to immediately notify Digital4Front (Pty) Ltd of any unauthorised use of your account. Digital4Front (Pty) Ltd will not be held accountable for any losses incurred by you due to lost, stolen, or hacked passwords.

Digital4Front (Pty) Ltd will not mediate any disagreements arising over the ownership of an account. You will resolve any disputes regarding the ownership or operation of a Digital4Front (Pty) Ltd account with the other party.

 

7. Our intellectual property
All content on the website, including the Digital4Front (Pty) Ltd email system, is the intellectual property of Digital4Front (Pty) Ltd, except where otherwise indicated. You may not decompile, disassemble, or reverse engineer any part of the website or system for any reason.

 

• Your intellectual property
  You may only upload to the system and use in your emails elements and intellectual properties which you own or which you have permission to use. All elements uploaded to the service remain property of their respective owners. By uploading elements to the system you grant Digital4Front (Pty) Ltd with a non-transferrable license to store and retrieve those elements.

 

8. Subscriber lists

Subscriber lists remain the property of the user. Digital4Front (Pty) Ltd will not make any use of your subscriber lists, except for the purposes related to providing the Service. You must be able to provide evidence of consent for bulk email.

 

9. Rules and Abuse

By agreeing to these Terms, you promise to follow these rules:

1. You won’t send spam!
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
4. If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Digital4Front (Pty) Ltd doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site, or otherwise create or distribute any Content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

Digital4Front (Pty) Ltd also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

 

10. Monthly packages

Charges for our monthly packages are posted on our Website and may be changed from time to time. If you use Digital4Front (Pty) Ltd for any part of a month, then payment is due for that whole month. If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If your account is terminated before that payment is due, you’ll still be required to make one payment at the higher level.

 

11. Refunds
Digital4Front (Pty) Ltd cannot refund any monthly subscription fee or any other fee for services rendered. Additionally, we will not refund any fees whatsoever if we determine that you are abusing our service by sending spam (as per section 15 below), regardless of the number of monthly sends or credits still available to you.

 

12. General rules
You may not use Digital4Front (Pty) Ltd to send spam – unsolicited bulk email, as defined by Spamhaus.org.

Your email campaigns may not generate abuse complaints that, in our sole discretion, exceed industry norms.

You may not use Digital4Front (Pty) Ltd to send emails to any list which you have purchased, rented, borrowed, scraped, divined, or otherwise obtained from a third party.

You may not use Digital4Front (Pty) Ltd to send emails to recipients that have not provided you with verifiable, deliberate, and explicit permission to do so.

You must promptly comply in full with all unsubscribe requests. Full compliance means that after an unsubscribe request has been processed you do not send another email to the address unless the owner of that email address provides permission and rescinds the unsubscribe request.

You may not upload to the service any images, content, or other data for any purpose other than the creation and sending of email campaigns.

You may not upload to the service any images, content, or other data which you do not have the right to use. You may not use Digital4Front (Pty) Ltd to send emails which:

• • offer to sell illegal goods or services
  • contain or link to pornography or sexually explicit material
  • violate CAN-SPAM laws or other equivalent anti-spam regulations
  • promote pyramid schemes, multi-level marketing campaigns, or other illegal activity
  • contain or link to gambling related content, pay day lender related content, pharmaceutical related content, illegal software, viruses or any other content which is illegal under South African law, or which Digital4Front (Pty) Ltd deems inappropriate at our sole discretion.

Compliance with CAN-SPAM laws requires you to:

1. • Provide accurate header information (“From,” “To,” and “Reply To” fields and routing information must accurately identify the person or business sending the message)
   • Use accurate subject lines
   • Include content which identifies the message as an advertisement
   • Include a physical or postal address
   • Include a clearly visible and easily understood method for unsubscribing from your emails
   • Honour all unsubscribe requests within ten (10) days of receipt.

 

13. Users subject to additional scrutiny
Some types of content generate higher-than-average rates of abuse complaints, spam complaints, and hard bounces. Because these factors affect Digital4Front (Pty) Ltd’s ability to provide a high quality service to all of our users, users who send certain kinds of content using our service may be subject to additional scrutiny and may be throttled or suspended at our discretion.

 

14. Confidential Information
Each of the parties shall keep in confidence and confidential or proprietary information that is transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement.

You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected.

You shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party.

Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party’s obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.

 

15. Limitation of Liability
In no event shall Digital4Front (Pty) Ltd, its employees, representatives, agents or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Service. Such limitation shall also apply with respect to damages resulting from the inability to use this Service, the operational failure of this Service, or for any information, data, products, and services obtained through this Service, or otherwise arising out of the use of this Service, whether based on contract, delict, strict liability or otherwise.

 

16. Choice of law
The Republic of South Africa’s laws will apply to any dispute related to these terms or to the service. Any dispute related to the terms, the privacy policy, or the service itself will be decided by the Cape Town Magistrate’s Court in Cape Town, Western Cape, South Africa.

 

17. Compliance with laws
While Digital4Front (Pty) Ltd endeavours to comply with all applicable laws and regulations, we cannot guarantee that the service meets the requirements of any specific regulations. You are responsible for determining whether your use of Digital4Front (Pty) Ltd is compliant with any laws or regulations to which you are subject.

 

18. Waiver and Amendments
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

 

19. System Functionality
The service provided by Digital4Front (Pty) Ltd is provided on an “as is” basis without representation or warranty, either express or implied.

 

20. Severability
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.

 

21. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Our Intellectual Property, Your Intellectual Property, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

 

22. Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service, or any other occurrences which are beyond either party’s reasonable control.

 

23. Entire Agreement
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matter.

Last update: 15 October 2022

Copy Version: 1.2