1. COMPANY INFORMATION
These Terms of Service govern the use of white-label email marketing services provided by Interactive Media Network SRL (“Maximate,” “Company,” “we,” “us,” or “our”).
Company Details:
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Legal Name: Interactive Media Network SRL
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CUI: 31184574
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Registration Number: J2013001378403
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Registered Address: Bucharest, Sector 1, Romania
2. ACCEPTANCE OF TERMS
By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.
3. SERVICE DESCRIPTION
Core Services:
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Database Cleanup: Email validation, duplicate removal, spam trap filtering
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Audience Warm-up: Gradual sending optimization and re-engagement campaigns
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Campaign Execution: Professional email template creation and delivery
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White-label Delivery: All campaigns sent from our premium domain infrastructure
Service Characteristics:
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Completely hands-off service delivery
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Enterprise-grade technical infrastructure
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Custom template creation and optimization
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Advanced audience segmentation and targeting
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Comprehensive campaign analytics and reporting
4. CONTRACT TERMS AND DURATION
Initial Contract Period:
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Duration: 3 months minimum (includes database cleanup and warming)
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Renewal: Monthly automatic renewal after initial period
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Termination: Either party may terminate with 30 days written notice
Service Commencement:
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Services begin after contract signing and initial payment
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Database setup and warming period: 2-4 weeks
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Active campaign delivery: Following successful warm-up completion
5. CLIENT OBLIGATIONS
Data Provision:
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Provide clean, legally obtained customer databases
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Ensure all data subjects have provided appropriate consent
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Maintain GDPR compliance for all provided data
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Verify accuracy of contact information provided
Legal Compliance:
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Comply with all applicable email marketing regulations
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Maintain valid consent records for all contacts
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Respect unsubscribe requests and data protection rights
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Ensure content complies with advertising standards
Payment Obligations:
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Timely payment according to agreed schedule
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Responsible for all applicable taxes and fees
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Notify immediately of any billing discrepancies
6. MAXIMATE OBLIGATIONS
Service Delivery:
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Maintain 99% uptime for email delivery infrastructure
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Provide detailed campaign performance reporting
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Ensure GDPR compliance in all data processing activities
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Deliver campaigns from high-reputation domain infrastructure
Technical Standards:
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AES-256 encryption for all data storage
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TLS 1.3 encryption for data transmission
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Regular security monitoring and incident response
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Backup and disaster recovery procedures
Professional Standards:
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Experienced team of email marketing specialists
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Custom template design and optimization
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Strategic campaign planning and execution
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Ongoing performance optimization and consultation
7. INTELLECTUAL PROPERTY RIGHTS
Template Ownership:
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Maximate-Created Templates: Owned by Interactive Media Network SRL
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Client-Created Templates: Owned by Client
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Custom Work: Ownership specified in individual project agreements
Client Data:
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All client databases and personal data remain property of Client
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Maximate acts solely as data processor under client instructions
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No rights claimed over client customer information or business data
Confidentiality:
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All client information treated as confidential
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No public disclosure of client relationships or results
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Trade secrets and proprietary methods protected
8. LIMITATION OF LIABILITY
Liability Exclusions:
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Indirect Damages: No liability for consequential, incidental, or punitive damages
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Business Interruption: No liability for lost profits or business opportunities
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Third-Party Claims: No liability for third-party actions or omissions
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Force Majeure: No liability for events beyond reasonable control
Service Limitations:
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No guarantee of specific email delivery rates
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No liability for ESP policy changes or restrictions
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No responsibility for client content or compliance violations
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No liability for client data accuracy or consent issues
9. TERMINATION PROCEDURES
Termination Rights:
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Either party may terminate with 30 days written notice
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Immediate termination for material breach of terms
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Automatic termination for non-payment after 15 days notice
Data Return:
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Client may download all database information before termination
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All data deleted from Maximate systems within 30 days of termination
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Campaign history and analytics provided in CSV format
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No data retention beyond legal compliance requirements
No Penalties:
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No financial penalties for early termination
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No long-term commitment obligations
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Final billing prorated to service usage
10. DISPUTE RESOLUTION
Governing Law:
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These terms governed by Romanian law
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Disputes subject to Romanian jurisdiction
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Arbitration preferred over court proceedings
Resolution Process:
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Good faith negotiation required before formal proceedings
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Mediation encouraged for efficient resolution
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Arbitration through Romanian Chamber of Commerce
11. PAYMENT TERMS
Billing Structure:
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Monthly billing for ongoing services
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Initial 3-month period billed in advance
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Payment due within 15 days of invoice date
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Late payment fees may apply after 30 days
Payment Methods:
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Electronic transfer to company bank account
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Credit card processing through secure payment providers
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Invoice payment terms clearly specified
12. SERVICE LEVEL AGREEMENTS
Performance Standards:
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Email delivery infrastructure maintained to industry standards
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Regular monitoring and optimization of delivery rates
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Prompt response to technical issues and client inquiries
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Continuous improvement of service quality and effectiveness
Reporting Standards:
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Monthly performance reports provided
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Real-time campaign analytics available
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Transparent communication about service performance
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Regular consultation on strategy and optimization
13. PRIVACY AND DATA PROTECTION
Data Processing:
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All personal data processed according to our Privacy Policy
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Full GDPR compliance maintained
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Client data never shared with unauthorized parties
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Secure data handling and storage protocols
Consent Management:
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Client responsible for obtaining appropriate consent
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Maximate provides technical tools for consent management
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Regular compliance reviews and updates
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Support for data subject rights requests
14. MODIFICATIONS TO TERMS
Update Process:
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Terms may be updated to reflect service changes or legal requirements
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Material changes communicated with 30 days advance notice
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Continued use constitutes acceptance of updated terms
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Right to terminate if disagreeing with material changes
15. CONTACT INFORMATION
Service Questions:
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Email: contact@maximate.com