Terms and Conditions
MessageBunker is a brand of The Very Good Email Company
The Very Good Email Company (a trading style of APM Internet Limited) specialises in the provision of Internet-based services through the brands of The Very Good Email Company. In purchasing services from any, either, or all of these brands, the client is contracting with The Very Good Email Company.
The Terms and Conditions described herein are applicable to all services supplied through The Very Good Email Company. The Very Good Email Company has adopted a philosophy that assumes the honesty and good intent of subscribers.
- About The Very Good Email Company:
- The Very Good Email Company is an Application Service Provider. It provides the Customer with access to various email focused hosting and filtering services as specified in the Customer's Order and on the terms set out below.
- The Very Good Email Company is a trading style of APM Internet Limited. APM Internet Limited is a limited company incorporated in England and Wales with registration number 04601087 and whose registered office is at 32 High Street, Wendover, Bucks HP22 6EA
- The Very Good Email Company's trading address is The Very Good Email Company Ltd Unit 5, Glebe Close Farm, Cublington Rd, Wing, Leighton Buzzard LU7 0LB United Kingdom. Except for enquiries relating to technical support, all communications with The Very Good Email Company, including any complaints, should be made to this address, unless made by email to the address given in the Contact area of our website at www.verygoodemail.com
- Enquiries relating to technical support should be made via the Contact area of our website at www.verygoodemail.com
- Service specification
- Service Credits and Service Level Guarantees are provided see separate 'Service Level Agreement'.
- The Very Good Email Company reserves the right to modify the service description in order to improve the quality or effectiveness of the Service without the prior agreement of the Customer. The Very Good Email Company will notify the Customer of any changes to be made at least 30 days in advance.
- Service Charges and Payment:
- Customer agrees to pay The Very Good Email Company charges, as specified within the service description within the Customer's Order.
- The Very Good Email Company reserves the right to modify its charges (including its charges for maintenance and support services and for training and instructional materials) for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement, whichever is the greater.
- Service charges will be invoiced in advance monthly as specified in the service description within the Customer’s Order. If on account terms, payment must be received by The Very Good Email Company within 30 days after the date of the invoice. The Very Good Email Company may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Bank of Scotland Base Lending Rate as current from time to time. If on pay in advance terms, payment must be received by The Very Good Email Company by the due date agreed and subsequently by the due date of any service renewal.
- All sums due to The Very Good Email Company under any Order are exclusive of Value Added Tax ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.
- Duties and Responsibilities:
- Customer agrees to pay in accordance with The Very Good Email Company’s then current rates for maintenance and other activities relating to the Service.
- Customer agrees to pay for loss or damage to equipment and software used in providing the Service which is caused by Customer's negligent acts, or omissions.
- The service will be furnished to the Customer subject to the condition that the Customer will not, nor will it permit, others to use the Service for unlawful purposes, or any purpose for which the Service was not designed; including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with, or making connection with, any facilities of The Very Good Email Company; or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
- Customer will indemnify and save The Very Good Email Company harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the negligent acts, or omissions, of the Customer, or other user of Customers’ service, which result in claims for damage to property and/or injury, or death, to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by The Very Good Email Company.
- Customer will be responsible for the content of any transmission over the Service and the connection of any non The Very Good Email Company equipment to the Service.
- Customer shall use its best endeavours to protect and keep confidential all The Very Good Email Company software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", decompile, discover the source code to, tamper with, or otherwise misuse such software.
- Customer's right to use the Service is personal to the Customer and its authorised users, nonexclusive and nontransferable. The Customer is not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in The Very Good Email Company software or platforms. This Agreement does not grant Customer any right to any The Very Good Email Company software or platforms except the limited right to use set out in this sub clause.
- Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service.
- Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the service. Customer agrees to permit reasonable access to The Very Good Email Company employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair of The Very Good Email Company supplied equipment necessary to provide the service.
- Save as indicated below in 4.11 The Very Good Email Company shall not be responsible for the installation of equipment necessary to provide the service, or for any cabling.
- The Very Good Email Company shall be responsible only for the installation of any equipment purchased from them under a managed service agreement and will not be responsible for other residential or business Customer Premise Equipment (CPE).
- The Very Good Email Company will maintain the Service and provide the Customer and its authorised users of the Service such training, instructional material and other support service as deemed appropriate at The Very Good Email Company’s then current prices for such support services.
- Customer shall reasonably monitor the email account it has specified for communications from The Very Good Email Company in relation to the Service.
- The Very Good Email Company’s right to suspend the Service:
- The Very Good Email Company reserves the right to suspend all or part of the Service provided to the Customer if it becomes aware of any actual or potential breach of these terms and conditions by Customer or other user of the Customer's Service. If the customer fails to remedy any breach within 10 days after written notice then The Very Good Email Company reserve the right to terminate this agreement in accordance with the provisions in clause 8.4.
- The Very Good Email Company reserves the right to suspend all or part of the Service if the provision of the Service might expose The Very Good Email Company to criminal, or civil, liability of any kind.
- The Very Good Email Company shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service, it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal, or civil, liability of any kind.
- The Very Good Email Company reserves the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions in force and such service will only be resumed, and then entirely at The Very Good Email Company's discretion, if all monies outstanding have been received by The Very Good Email Company. Further this clause shall be without prejudice to The Very Good Email Company's right to terminate in any event the agreement in accordance with clause 8.4
- During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer's Order.
- The Very Good Email Company's sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to The Very Good Email Company, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement.
- The Very Good Email Company will not be responsible for any delay in or failure of the Service due to any occurrence beyond The Very Good Email Company's control.
- The Very Good Email Company gives no warranties and accepts no responsibility in relation to the information of third parties accessed by Customer by means of the Service.
- Nothing in this Agreement shall be construed as to limit or exclude either party's liabilities in respect of death, or personal injuries, or any inalienable statutory consumer rights of the Customer.
- To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent dis-applied.
- The Very Good Email Company WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
- The Very Good Email Company MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE FITNESS, PURPOSE, OR QUALITY OF THE SERVICE.
- Cancellation before commencement:
- Once performance of this Agreement has commenced, the Customer may not cancel this Agreement (although Customer may terminate the Agreement in accordance with the terms set out below).
- Prior to The Very Good Email Company commencing performance of this Agreement, Customer may cancel this Agreement by informing The Very Good Email Company of its intention to cancel within 7 days of the day after it entered into this Agreement with The Very Good Email Company. The Customer may inform The Very Good Email Company using any of the methods set out in Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000, but is advised to communicate either by post, or email, as set out in Clause 10.1 of this Agreement.
- Term and Termination:
- Once performance has commenced this Agreement shall continue until terminated by either Party.
- Either Party can terminate this Agreement in writing within the contract period, once the minimum contract period has been completed. Notice of Termination is not deemed to have been served unless receipt of the notice is confirmed by The Very Good Email Company. The minimum contract period is the billing period specified within the service description with the Customer's Order, unless otherwise stated in the Customer's Order.
- The Very Good Email Company shall not be required to give notice of the beginning of its performance hereunder. APM Internet reserves the right to disconnect the Service if Customer does not fulfil its obligations under this Agreement.
- In the event of default which include failure by Customer to pay any amounts, or failure by either Party to cure any breach of a term, or condition, in this Agreement within 10 days after written notice, or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation), or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due both up to the time of such termination and for all sums due for the remainder of the minimum contract period.
- The Very Good Email Company shall treat all customer data as strictly confidential, and will not disclose to any third party without the Customer's prior written consent unless required to do so by court order or RIPA section 22 notice.
- All notices (save where otherwise provided in this Agreement, or within applicable legislation) from either party to the other shall be sent by first class prepaid post, or by email. The Very Good Email Company shall send all notices to the Customer's billing address or to the email account notified to it by Customer. The Customer shall send all notices to The Very Good Email Company's address, or email address, as set out in Clause 1 of this Agreement.
- This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of The Very Good Email Company. Customer authorises The Very Good Email Company to assign or transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UK as necessary to enable The Very Good Email Company to provide the Service.
- No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen, unless otherwise provided by legislation.
- Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered, or modified, except by document in writing signed by authorised representatives of The Very Good Email Company and Customer. No agent, employee or representative of The Very Good Email Company, or Customer, has any authority to bind The Very Good Email Company, or Customer, to any affirmation, representation, or warranty, unless such is specifically included in this written Agreement.
- The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning, or interpretation, of this Agreement.
- This Agreement shall be governed by, and construed and interpreted, in accordance with English law, and the parties submit to the jurisdiction of the English Courts.
- If any provision or provisions of this Agreement shall be held to be invalid, illegal or un-enforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS; ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.
- We are continually reviewing our Terms and Conditions in line with the services we provide to our customers. Should you have any comments to make concerning the contents, please contact us via email at firstname.lastname@example.org
Registered Office: 32 High Street, Wendover, Bucks, HP22 6EA, England.