Terms of Service
Acceptance of Terms
SalesPoints is a service that provides people with a means to collect subscribers email addresses or mobile phone numbers and to create, send and track email or text messages. This service may not be used for the sending of unsolicited messages (“spam”).
You acknowledge and agree that SalesPoints may occasionally send you communications regarding your account or the Service via email and/or mobile text messages.
You must be a registered user to access the Service. You are responsible for keeping your account passwords secure. You will be solely responsible and liable for any activity that occurs under your user name.
All contact lists contained and sent to using Service must be permission-based subscriptions. It is absolutely never acceptable or allowable to use a list that has been purchased, rented or from a third-party.
We allow sending only relevant content, which is requested by subscribers and corresponds to CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, “Get Rich Quick”, Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You can send newsletters using SalesPoints only if content is created by you (or you have the right to use it).
When you send a message to someone you don’t know, that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email or text message to an entire list of people you don’t know, that’s spam.
Spam is any message you send to someone who hasn’t given you their direct permission to contact them on the topic of the email or mobile text message. SalesPoints has a no tolerance spam policy and we strictly prohibit spam or use subscriber data with no proven permission received from individual / subscriber.
Affiliate Marketing and Affiliate Links are two different things. Affiliate Marketing is prohibited in SalesPoints, but Affiliate Links are fine in most cases.
- Affiliate Marketing (Prohibited)- is a type of business where you earn commission by promoting other company’s products. We don’t allow this activity, because there’s no direct relationship between you and your subscribers. You are not allowed to send unrelated offers to your subscribers or pretend to be another brand.
Creating multiple accounts with overlapping uses (similar message content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
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 SalesPoints. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other SalesPoints service infrastructure.
In no event shall SalesPoints be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
The Service and the website are distributed on an “as is” basis without warranties of any kind, either expressed or implied. SalesPoints guarantees an average up-time of 99.9% per month of the Service on the condition of full availability of the services of its Internet and Telecom Providers. Current and historical status of the Service can be tracked at http://status.salespoints.com website.
You are not allowed to use our tracking/campaign preview links when sending messages with other services than ours. Repetitive reports about this may lead to account suspension.
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.
If you wish to terminate the Service, you are required to send a cancellation request to the SalesPoints at E-mail Support and provide at least the account name and the email address, no later than five business days prior to the recurring date.
SalesPoints reserves at its sole discretion the right to terminate the Service account in the event of not receiving a due payment or a recurring payment.
SalesPoints reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date. In the aforementioned situations, the Service will be terminated with immediate effect. Any advance-payment made for you will not be re-calculated. You shall not have any right for reimbursement of the sum paid nor any part of such sum. SalesPoints will not perform any recalculation of the advance-payment amounts.
We reserve the right to suspend your account immediately on concerns about privacy violations and start investigating your activity if your email campaigns have high percentage of spam complaints (more than 0.2%), bounces (more than 5%), unsubscribes (more then 1%) or very small open rate (less than 3%). If it turns out that you were sending emails or text messages without permission – we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.
By subscribing to SalesPoints Services, you agree to pay the price corresponding to the Services selected and to their country of residence. The subscription payment includes the down-payment fee for (i) the subscription to the Service account with a chosen contact list, (ii) Email, Phone and online Chat at SalesPoints Panel, (iii) special features as can be described on the Service website.
If you have chosen subscription plan, access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.
If you have chosen to buy Service messaging credits, SalesPoints should provide you an access to the Service for a certain period till last Service subscription plan term is in force. After termination of Service subscription plan SalesPoints will refund Service messaging credits on your request.
You agree to pay recurring fees for the subscription, per the Service subscription plan. The recurring and other fees are based on agreed between you and SalesPoints before starting to use Services.
Upon receipt of each payment, SalesPoints will issue an invoice for the Service within 15 days. You expressly agree to receive invoices issued by SalesPoints by electronic means of communication. Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates.
You may change the subscription plan for the next Subscription period without any charges. SalesPoints reserves at its sole discretion the right to change the fees for the Service subscription, they take into effect only when agreed with you.
We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti – Spam Policy or Terms of Service. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers.
We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
Even SalesPoints account plans are based only on message amount sent, you may not delete contact / subscriber data at least 5 days after last email or text message sent to this subscriber. Subscribers amount is unlimited in all plans but the number of messages sent is limited. You must upgrade your plan or purchase additional credits for sending messages if you want to extend send out from your account.
You can’t import or send to any email address or phone number which:
- You do not have explicit, provable permission to contact in relation to the topic of the message you’re sending.
- You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
- You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
- You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.
SalesPoints provides email and online chat Customer Service to you. When requesting customer service, you should provide at least the account name / login e-mail and your name. SalesPoints does not investigate or take any action based on “anonymous” support requests. You may address all questions and doubts, or submit their complaint and report errors via email to the SalesPoints Customer Support Department at e-mail [email protected] or via online chat at SalesPoints Panel. You have the right to be advised about the processing status of their issue.
We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service.
SalesPoints claims no intellectual property rights over the material you provide to the Service. You acknowledge that SalesPoints owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
- Messages are only sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met.
- The consent to receive advertisements through email or mobile phone has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email or mobile phone. This declaration may not be part of other declarations (such as agreeing to terms and conditions).
- The receivers must give their consent actively through a conscious act. Preclicked/pre marked boxes may not be used.
The contracting entity – that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. The ‘about us’ section shall contain the following information:
- Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
- Contact information, at least a valid telephone number or an electronic contact form, as well as email address.
- If there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz –TMG) remain untouched.
- Each marketing email containing commercial content must contain an option to withdraw permission to send any further emails. Cancellation must be possible for the receiver, without having to know access data (such as login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
- Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the receiver cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
- The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
- When using email addresses that the sender or his customers received from third parties, the sender or his customer is obligated to make sure before the advertisement action is taken that only receivers who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
- The retrieval of address data for third parties (such as through co-sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if:
a) The companies for which the address data is generated were named individually, transparently, and categorized by industry.
b) The access to the list of companies was clearly possible and easy for the users.
c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data.
For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.