ImerjaMail is an Internet hosted managed service that provides you with total flexibility in how you configure and administer your account
For ease of understanding a brief summary of the Customers Service Agremeent is presented below. A complete version of the Service Agreement which includes the full Terms & Conditions can be viewed here. Customers signing up for ImerjaMail do so in agreement of the detailed terms and conditions.
Summary Customer Agreement
Services
Imerja Limited will provide ImerjaMail services within three (3) business days of the date on which the Contract is signed by both parties. The Customer will receive an email that will specify the process for activating the Customer's account and access to the Services though an activation key.
Fees and Billing
Fees for the provision of ImerjaMail will be based on the number of mailboxes included under the license agreement. The Customer will be billed in advance of Imerja Limited providng the service.
Contract Term and Renewal
The initial term of the Contract shall be twelve (12) months. At the end of the initial term, the Contract shall be renewed automatically for consecutive renewal terms of twelve (12) months, unless terminated by either party by providing the other party written notice fifteen (15) days prior to the end of the applicable term.
Contract Termination
Either party may terminate the Contract for cause upon written notice if the other party fails to cure any material breach of this Contract within thirty (30) days after receiving written notice of such breach.
Customer Obligations
The Customer is and will remain solely responsible for complying with all laws, rules and regulations regarding the management and administration of its email system, including but not limited to, obtaining any consent and/or acknowledgement from its employees and service providers (if applicable) in managing its email system.
Warranty
Imerja Limited warrants that the Services will meet the requirements set forth in the Service Level Agreement. In the event of a breach of the foregoing warranty, as the Customer's sole and exclusive remedy, Imerja Limited will provide the remedy set forth in the SLA.
Fair Use Policy
Provision of ImerjaMail is subject to a Fair Use Policy calculated as 1000 messages (in-bound plus out-bound) per user per month, averaged over all mailboxes at each domain for a rolling three month period.
Ownership
The Services and all intellectual property rights relating to the Services are and shall remain the exclusive property of Imerja Limited.
Confidentiality
Imerja Limited and the Customer both acknowledge that in the course of the Contract, each party may have access to the other's Confidential Information. Each party hereby agrees that during the term of this Contract and for a period of two (2) years after the expiration of this Contract, it will not make any such Confidential Information available to any third party and will not use the other's Confidential Information for any purposes other than to exercise its rights and perform its obligations under this Contract. Each party shall take all reasonable steps to ensure that the other's Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Contract, and in any event each party shall exercise the same prudent practice in preserving this information as it does to preserve its own Confidential Information.
Indemnity
Imerja Limited at its expense, shall indemnify, defend and hold harmless the Customer against any losses, costs and damages arising from a claim by a third party against the Customer that the Services, or any part thereof, infringe any UK intellectual property or proprietary rights of such third party or misappropriates any protected trade secret of such third party.
Limitation of Liability
Except regarding the confidentiality obligations, in no event will either party be liable to the other for any special, incidental, punitive or consequential damages (including, without limitation, lost profits, loss of use, loss of data or loss of goodwill), arising out of or in connection with this contract or the performance or operation of the services, whether such liability arises from any claim based upon breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, and whether or not such party has been advised of the possibility of such damages.
Assignment
Either party may assign this Contract in its entirety, but not in parts, to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets.
Governing Law and Dispute Resolution
This Contract and any controversies arising out of or in relation with this Contract shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to its principles of conflicts of law.
To view the full Terms & Conditions for the Customer Services Agreement click here.