1. Scope of Application – Opposability
The website acymailing.com is published by JETPULP, a company registered with the RCS of Lyon under number 419 623 152, with its registered office at 12-14 avenue Tony Garnier, Building 4C – 69007 Lyon (hereinafter “JETPULP”). These General Terms and Conditions (GTC) apply automatically to any client using the Acymailing service described below. The client affirms the legal capacity to enter into a contract with JETPULP.
The contract is effective from the subscription date and expires after an initial period of 12 months, renewable tacitly. It can be terminated by either party by sending a registered letter with acknowledgment of receipt at least 3 months before the desired termination date.
3. Description of AcyMailing Service
AcyMailing service, offered through an annual subscription, allows clients to create and send customized newsletters, access server status dashboard, view campaign statistics, contact support via Slack, and receive quarterly email deliverability reports.
4. Pricing and Payment Terms
The price consists of the base monthly subscription fee and additional charges for extra emails, billed in actual usage. Prices, excluding taxes, are subject to a 10% revision annually, with a 30-day notice. Payments are due monthly on the subscription date, and various payment methods are available. Delayed payments may incur interest and a fixed recovery fee.
5. Service Evolution
JETPULP may modify service characteristics to maintain quality and technical performance, provided essential functionalities remain unaffected.
JETPULP retains all intellectual property rights related to the service and acymailing.com. The client retains rights to their submitted content. Both parties agree to respect each other’s exclusive rights.
7. Data Protection
JETPULP processes personal data on behalf of the client, following specific instructions. JETPULP ensures compliance with data protection laws and guarantees data confidentiality and security. The client is responsible for providing necessary information and documentation.
JETPULP’s liability is limited to proven faults. The client is responsible for the content, validates operations, and guarantees JETPULP against any claims related to their products or services. The client is solely responsible for maintaining the confidentiality of their credentials.
9. Interruption of Services – Termination
JETPULP may suspend services in case of client default, with termination possible after notice. Termination also occurs in cases of force majeure lasting over 30 days.
Both parties commit not to disclose confidential information obtained during their relationship.
11. Force Majeure
Execution of obligations is suspended during force majeure events. JETPULP informs the client promptly, and if the suspension lasts beyond 30 days, either party can terminate the contract.
12. Commercial Disputes
Disputes must be raised within 2 months from the event. Otherwise, claims are considered time-barred.
13. Dispute Resolution
These terms are governed by French law. Disputes are first sought to be resolved amicably; if not, they are brought before the Commercial Court of Lyon.