Service Order: E-Mail Marketing - Flexmail

Service Order

Email Marketing - Flexmail

Flexmail

Flexmail service (hereinafter referred to as the «Service») is provided by our group company, Flexmail N.V. This Service Order is accepted in conjunction with Terms and Conditions of Swizzonic AG and relates to the sale and provision of the Service. In conjunction with these terms, you also agree to Flexmail’s Terms and Conditions (“Flexmail Terms”) which are available at https://flexmail.be/en/terms-and-conditions/. Notwithstanding anything to the contrary in the General Terms of Service, the Customer acknowledges that Swizzonic is not involved in the processing of the Customer's personal data carried out through the Flexmail service offered by Flexmail N.V., which is exclusively governed by the "Data Processing Agreement" contained in Flexmail N.V.'s Terms and Conditions. It remains understood, however, that - as already stated in the General Terms of Service Swizzonic will process only the Customer's personal data necessary to manage the contractual relationship, acting as an independent Data Controller.

1. Definitions

a. “Service(s)” means the Flexmail services provided and available for purchase from us as listed at https://www.swizzonic.ch/flexmail/. The Service offered by us may vary from the products specified in the Flexmail Terms.

2. Purchasing the Service

a. To purchase the Service, you can order from our website, log into your Control Panel or contact our sales team at +41 44 253 99 44. We require payment in advance for the Service or any renewal of the Service.

3. Support

a. Initial Service support will be provided by us. You can request support in your Control Panel or by calling the number above.

4. Consequences of termination

a. On termination for any reason, we will cease providing the Services and delete all relevant data from your account within 60 days. For the avoidance of doubt, this deletion will include (but is not limited to) all logs, documentation, files and data, if any, associated with the Service.

5. Use of the Services

a. The user acknowledges that the Service is provided “as is.” The technical and financial specifications relating to the functionality and correct use of the Service are indicated in the Order Form and in the commercial offer formulated by Swizzonic AG.

6. Agreement

a. In no event and under no circumstances shall we be held liable for, including without limitation, any claim, liability, damage, third-party claim, cost, expense (including attorneys’ fees), penalty, or issue arising from, or in connection with, the purchase or implementation of the Services on the User’s websites.

7. Applicable Law and dispute resolution

a. Without prejudice to the provisions of the aforementioned contractual terms and conditions of Flexmail N.V., any dispute in any way arising out of or in connection with this Service Order, including those relating to its validity, binding effect, interpretation, performance, termination, as well as any amendments and enforcement acts thereof, shall be subject to the exclusive jurisdiction of the Court of Zurich.