1. The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to WSBlasting.com service (the " Service") and your use of the data you obtain by use of the Service. WSBlasting.com grants to the User a non-exclusive right during the term of this Agreement to use the Service pursuant to the terms and conditions set out herein. Your use of the Service confers no title or ownership in the Service. All ownership rights remain in WSBlasting.com or its third party suppliers, as the case may be.
2. WSBlasting.com offers its services on an "as is" basis. Through the "Service", we provide you with access to and use of our web-based, SaaS (Software-as-a-Service) model platform (the “WSBlasting.com platform”) as made generally available to other customers, that allows you to create, send, manage your marketing campaigns.
3. You may use the Service to send messages only to those recipients who have given you permission to add them to your contact list and have not subsequently withdrawn such permission (“Contacts”).
4. The Service are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If a User does not qualify, do not attempt to use the Service. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. WSBlasting.com may refuse to offer the Service to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. WSBlasting.com retains the right to terminate your account and your rights to use the Service if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete, or if you are in breach of the Usage Rules.
5. In order to use the Service, you must create an individual account in the WSBlasting.com platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”). The User is to immediately notify WSBlasting.com of any unauthorized use of the account or any breach of security.
7. The User represents, warrants, covenants that use of the Service will only be in compliance with this Agreement and all applicable laws.
8. The Act specifies that senders of messages that have a primarily marketing or sales purpose will not include fraudulent or misleading information in any component of the message.
9. The User accepts full and sole liability for conforming to the law, and will in no manner hold WSBlasting.com liable in whole or in part if the user fails to conform to the law.
10. Upon successful registration and Subscription to the Service, you agree to:
11. With regard to campaigns, the User specifically agrees not to use the Service:
12. In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by WSBlasting.com, WSBlasting.com reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data.
13. You agree that in case we receive a request from your Contact, who wants to exercise his/her rights under the Personal Data Protection Act (the “PDPA”), we shall inform such Contact that WSBlasting.com acts as a service provider, and further WSBlasting.com shall direct such Contact to you being an entity that determines the purposes and means of the processing of Personal Information.
14. While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the PDPA.
15. WSBlasting.com may store User information, content, contact lists, campaign activity statistics, reports and other information in its databases for the User. WSBlasting.com reserves the right to establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through WSBlasting.com Service, and the maximum number of occasions that the User may access the Service in a given period of time. WSBlasting.com has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Service. At any time WSBlasting.com may determine that User information can no longer be stored by WSBlasting.com or deem User information to be inappropriate and remove it from its databases with or without notice to the User.
16. If a User account is terminated for breach of this EULA, or if the User fails to remedy any breach as notified by WSBlasting.com, the account will become inactive. When an account is inactive, at WSBlasting.com sole discretion, WSBlasting.com may notify the User by email. Inactive accounts have 30 days to become active after notification or the account and its data may be permanently removed from the WSBlasting.com databases.
17. The User is responsible for ensuring good data management practices within their WSBlasting.com account and to delete old Campaigns and/or Lists that are no longer required. If requested by WSBlasting.com to delete Campaigns and/or Lists, the user will take this action within five (5) business days of such request or WSBlasting.com may take the requested action in that User's account itself.
18. Any information stored on the WSBlasting.com servers may be deleted at any time by WSBlasting.com.
19. The User acknowledges and agrees that the Service and WSBlasting.com logos and trade names are the property of WSBlasting.com or its affiliates or suppliers. User also acknowledges that WSBlasting.com owns and/or has all requisite rights in and to any software necessary to provide the Service under this Agreement.
20. The User understands that the Service and its website also contain or may contain copyrighted or other proprietary materials of WSBlasting.com, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Service or the WSBlasting.com website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of WSBlasting.com.
21. At WSBlasting.com 's request, the User agrees to defend, indemnify and to hold harmless WSBlasting.com , its officers, directors and employees from any claims arising from the User's use of WSBlasting.com Service or the User's breach of the Terms of service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
22. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY WSBlasting.com ON AN "AS IS" BASIS, AND WSBlasting.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
23. IN NO EVENT WILL WSBlasting.com BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, WSBlasting.com WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF WSBlasting.com SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE
24. WSBlasting.com, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO WSBlasting.com WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
25. The Service is charged according to the pricing plan selected and agreed upon by the User. All prices are in Ringgit Malaysia.
26. There are currently only one type of pricing plan, known as "Pay as You Go" Plan. WSBlasting.com reserves the right to modify or otherwise alter the plan, add new types of Plans or vary the pricing at any time. These changes will be available to the User on the website. The User is responsible for reviewing the pricing and remaining aware of the fees charged by WSBlasting.com.
27. Under the "Pay as You Go" Plan, Users are charged for messages sent on credits basis. The rate card determines the credits charge per message in effect at the time of the credits are purchased.
28. All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST), sales and services tax (SST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST, SST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST, SST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
29. Payment for the Service will be made by credit card, PayPal, bank transfer or alternative payment methods, subject to restrictions on certain payment methods depending on your country.
30. In the event that the User fails to pay for the Service, in accordance with the User plan, WSBlasting.com reserves the right to suspend or terminate, with notice as set forth in Section Termination, access to the User's account and all related data and remove all the User data permanently form their servers.
31. We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with WSBlasting.com, or cancel your Account. Without limiting the foregoing, the activities specified below each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.
32. We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect.
33. Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and WSBlasting.com shall bear no responsibility for consequences resulting therefrom.
34. The termination of the Agreement by either party will not affect the User's obligation to pay the charges incurred for services consumed and any fees due and payable, under the termination clause of this contract. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.
35. Upon termination by WSBlasting.com , the User's right to use the Service will terminate immediately. The User acknowledges and agrees that WSBlasting.com may remove the User's files and information.
36. User will pay any outstanding usage fees under any Plans and the Adminisrtion Fees due to WSBlasting.com immediately upon termination by the User.
37. Our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new billing period. Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.
38. User acknowledges that the software, algorithms and other processes used to provide the Service, the content (other than content owned by the user or any third party), Usernames, passwords, look, feel and functionality of the Services are the property of WSBlasting.com or in the case of the Services being offered by WSBlasting.com 's partners under approved distribution agreements, the property of WSBlasting.com 's partners.
39. These terms and conditions represent the complete, final and exclusive agreement between WSBlasting.com and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between WSBlasting.com and the User.
40. The User agrees to grant WSBlasting.com permission to include the organization’s name and logo in the WSBlasting.com client list, including the WSBlasting.com website, media kit and other promotional material such as client references in sales presentations, demonstrations at conferences, trade shows, and speaking engagements etc.
41. Any notices prescribed in this Agreement to be made "in writing" may be delivered by Email, Facsimile or Post. The laws of Malaysia will govern this Agreement. If any of the provisions of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected.
42. We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
43. We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.
44. You acknowledge and agree that WSBlasting.com provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
45. Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.
46. WSBlasting.com does not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that WSBlasting.com will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.
47. You are solely responsible for your use of the Service, any of the Websites and any and all Content and email campaigns that you develop, operate or send using the WSBlasting.com platform. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files or data stored on our servers.
48. Without limiting the foregoing, WSBlasting.com is not responsible or liable to you for any:
49. To the maximum extent permitted by law, you agree that in connection with the Service, the Service or use thereof:
50. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.
51. You agree to indemnify and hold WSBlasting.com, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from:
52. WSBlasting.com reserve the right to modify or discontinue the Service, temporarily or permanently, with or without notice to the User and WSBlasting.com is not obligated to support or update the Service. WSBlasting.com will not be liable to the User or any third party in the event that WSBlasting.com exercises its rights to modify or discontinue the Service.
53. WSBlasting.com may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to WSBlasting.com’s website. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the Service, following the initial posting date of modifications made by WSBlasting.com, User agrees to be bound by the Agreement as amended. User may terminate this agreement in accordance with Section Termination.