Products and Support
Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Mambo NetCommunications website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You may from time to time provide Mambo NetCommunications service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Mambo NetCommunications or its personnel.
If you are accessing or using the Products through a Third Party Service, you agree and acknowledge that Mambo NetCommunications is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Mambo NetCommunications may terminate such Third Party Service’s ability to interact with the Products at any time, with or without notice, and in Mambo NetCommunications sole discretion, with no liability to you or the third party.
Trial Accounts, Fees and Payments
Fees for the iMambo Product. A refundable activation fee of $5.00 will be charged for trial accounts. This fee is refunded if you cancel your account before the end of the trial. Once you have completed your trial period or you have exceeded the free subscriber limit, you will be subject to monthly subscription fees in accordance with the fee schedule and related information (the "Fee Schedule"). The Fees are based on transaction volumes through your account at any time during the previous month. For purposes of this Agreement, a transaction is defined as an in-bound or out-bound email message, a form submission into your account and other automated messages generated through form submissions. Your trial account is limited to an uploaded contact list of 500 records. Each unique email address will count as one contact or subscriber.
Once your paid subscription begins your account will be charged monthly in advance for the subscription level of your account. You may opt to pay the subscription fees six or twelve months in advance for a discount. Transaction over your account limit will be charge at our graduated transaction rates on a monthly bases.
Additional Transactions. Monthly transactions that exceed your subscription level will be charged over and above the subscription fee on a graduated schedule as described in the Fee Schedule. You may opt to purchase in advance a block of additional transactions at a discount to be applied to account overages. See the Fee Schedule for block purchases.
Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Mambo NetCommunications. The Fee Schedule is subject to change at any time at Mambo NetCommunications sole discretion. Mambo NetCommunications will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Mambo NetCommunications standard rates will apply. Mambo NetCommunications may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
Payment. Payment for Products will be made by a valid credit card accepted by Mambo NetCommunications. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Mambo NetCommunications to charge your credit card for such amounts on a regular monthly basis beginning at the end of your trial period. If Mambo NetCommunications is for any reason unable to effect automatic payment via your credit card, Mambo NetCommunications will attempt to notify you via email and your Mambo NetCommunications account will be disabled until payment is received. Amounts paid for the Products are not refundable.
CurrencyAll fees are charged in Canadian dollars.
Contracts, Cancellations and RefundsYour subscription contract can be cancelled at anytime without advanced notice. Subscription Fees are billed 30 days in advance. There is no refund available for the balance of, or any portion of the month or period of the subscription contract.
Ownership and Liability of Content and DataYour account Contact Data, Electronic Literature and Multimedia materials belong to you. However, Mambo NetCommunications is not liable for the loss, corruption or alteration of any of this data. It is your responsibility to backup the data of your account to ensure its safety and integrity.