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Terms & Conditions

Banana Mail (the ‘Services’), uses a software product developed by Quattro Internet Solutions (‘Quattro’). This is a web-based software application that offers businesses and website operators a software application for HTML design, email list management and statistical analysis tools. Banana Mail does not allow unsolicited commercial emails (UCE). For more details on UCE please see our Anti-Spam Policy. By using the Banana Mail (Service), you are agreeing to these terms and conditions.

The Banana Mail service and support offering

All Services provided by Banana Mail are subject, without limitation, to Banana Mail’s Privacy Policy and Banana Mail’s Anti-Spam Policy. Banana Mail Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.bananamail.co.uk website.

The Services are subject to monthly or annual subscription fees. Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign-up. Monthly send credits expire at the end of each month, and extra send credits can be purchased by clients with subscriptions. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.

Pay-as-you-go/Extra send credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

Payment of your Banana Mail can be made by Visa or Master Card credit cards using Secure Trading or the WorldPay transaction system. If you take a monthly subscription, you are authorising Banana Mail Ltd to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If you take an annual subscription, you are authorising Banana Mail Ltd to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the annual renewal date of your Subscription. Fees are payable in any of the currencies available in WorldPay or Secure Trading. If Banana Mail Ltd is for any reason unable to deduct the monthly or annual payment from your credit card, you will be notified via email and your Banana Mail account will be disabled until payment is received.

Refund Policy - Given at least 5 working days notice in writing, Banana Mail Ltd. may at their discretion make a full or partial refund of unused Credits for the remaining period to the Banana Mail Subscription.

Restrictions and Responsibilities

Banana Mail Ltd. reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.

Banana Mail may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Banana Mail Ltd. against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of Banana Mail.

Banana Mail Ltd. reserves the right to monitor the newsletters created by you and your use of Banana Mail. Banana Mail Ltd. also reserves the right to remove any content or immediately suspend use of Banana Mail, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against Banana Mail by offended recipients.

Banana Mail will automatically append an "unsubscribe" link to all outgoing email, which will allow visitors to remove themselves from your mailing list. Your Banana Mail account may be suspended if you make any attempt to remove or disable this link.

Banana Mail will automatically append a "Powered by Banana Mail" footer and link to Banana Mail on all outgoing email. Banana Mail Ltd. may immediately suspend your Banana Mail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Banana Mail Ltd. about the removal of the footer and link.

Banana Mail Ltd. will not share information you may upload (such as email addresses, names, contact information, or images) to Banana Mail. Your customer information will not be shared with any other parties, unless required by law. Banana Mail Ltd. will not use your customer information for the purpose of sending unsolicited commercial email. Banana Mail Ltd. may use this information and any technical information about your use of the Services to facilitate your use of Banana Mail, or in communications with you.

You will comply with the Banana Mail Privacy Policy and the Anti-Spam Policy, which may be modified by Banana Mail Ltd. from time to time.

Termination

This Agreement will have a term beginning on the payment date of the first monthly or annual subscription. You may terminate this Agreement at any time by following the cancellation instructions available from within the application, or by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Banana Mail Ltd. may immediately terminate this Agreement and suspend access to Banana Mail without refund if you are in violation of any of terms outlined in this agreement. Banana Mail Ltd. is not liable for any commercial damage or loss caused as a result of its decision to terminate or suspend your Banana Mail account.

Banana Mail Ltd. reserves the right to delete any account data within 30 days after the date of termination.

Warranty Disclaimer

THE BANANA MAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND QUATTRO INTERNET SOLUTIONS AND  BANANA MAIL LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.

Limitation of Liability

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.

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