Please read these Terms carefully. By using Genesys Communications or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Genesys Communications (“Genesys Communications” or the “Service”) is an digital marketing service offered through the URL genesysmarketing.com, or any white-labelled domain mapped to it, (we’ll refer to it as the “Website” or “Portal”) or directly via an account manager that allows you to create, send, and manage email newsletters and direct marketing messages (each message is called an “Email” or “Campaign”) to individual recipients. The Service also includes the provision of marketing campaigns which include proprietary creative such as copy, imagery, styling (referred to as “Content”,”Campaign”,”Creative”) The Service might also be utilised without directly utilising the Website (for example in direct contact with an account manager), these terms still apply.
Genesys Communications is owned and operated by Southern Ambition 1011cc, a South African closed corporation (“Genesys Communications”, “we,” or “us”). Genesys Communications has employees, independent contractors, service providers and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use Genesys Communications, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. agree to the Terms; and
3. provide true, complete, and up to date contact information.
By using Genesys Communications, you represent and warrant that you meet all the requirements listed above, and that you won’t use Genesys Communications in a way that violates any laws or regulations. Genesys Communications may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Genesys Communications and continues as long as you use the Service. Confirming subscription electronically or logging into the portal means that you’ve officially “signed” the Terms. If you sign up for Genesys Communications on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Genesys Communications may terminate this Agreement at any time, after which a 30 day cancellation period will be enforced, and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
5. Account and Password
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content and communications related to that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments will be sent at the end of every month, with 30 days to pay. Should payment not be made in time, we reserve the right to suspend or cancel Your Service.
8. Pay as You Go Plans
You may buy Credits up front to use our Services, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Credits for Pay as You Go (prepaid) accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Service, Website and the software used to provide the Service (proprietary rights include patents, trademarks, service marks, and copyrights). Proprietary rights also extend to all Content, processes and methodologies provided in the Service. You may only use our brand assets according to our Brand Guidelines. Any Content utilised within the Service is subject to rules as outlined below.
13. Proprietary Rights Owned by You
14. Email Sending Provider
We are technically not an Email Sending provider (“ESP”). In order to deliver the full service of managing contacts and sending out emails, we integrate into an established and reputable ESP, which may store your emails and contacts. Where necessary you give us permission to activate, accept the terms and manage your account with the ESP on your behalf. By utilising any feature which requires an ESP (sending an email out to your email list or uploading contacts) we will take this as acknowledgement that you want to utilise our integrated ESP rather than your own, and the ESP will form part of the "Service","US" and our "Team". Should you choose to, you can also sign up to your own ESP to dispatch your emails and manage your contacts and not utilise this part of the Service. Should you end your Term with us all your data will also be removed from the ESP.
15. 3rd Party Integrations
Where we may integrate into any third party services, on providing us with an API key to integrate with, you acknowledge that we can access the 3rd Party application, under your acceptance and liability to the 3rd party terms.
17. Right to Intercept
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
Subject to the relevant laws, you also agree and consent to Genesys Communications and its Team intercepting, blocking, filtering, reading, deleting, disclosing and/or using the Client Data and communications sent and/or received to/by the Member in so far as it is necessary to render the Services and/or provide the Software to the Member.
18. Use of Content
We retain ownership and you retain a single use license (for the duration of the Term), in which you promise to only use any Content provided within the limits, the digital channel (EG: email, social media or website) and purpose of the Service provided. Eg: Any imagery and copy within an email campaign can only be used for that campaign (no copying it to websites or other channels). Should we discover content being used outside the parameters of the Service, we reserve the right to suspend or terminate your account.
19. General Rules
You promise to follow these rules:
1. You won’t send Spam! By “spam,” (unsolicited bulk email) we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
4. If you use our API, you'll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
20. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Genesys Communications user, we want to hear about it. Please report it to us, also if you think anyone has posted material that violates any copyrights.
21. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Genesys Communications emails. We provide image hosting only for your Campaigns, so you may not host images on our servers for anything other than your Campaigns (like a website). We may throttle your sending or connection through our API at our discretion.
22. Compliance with Laws
You represent and warrant that your use of Genesys Communications will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, POPI, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Genesys Communications, and collecting information as a result of sending Emails, you:
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Genesys Communications.
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Genesys Communications and its service providers to receive and process data and send communications to that individual on your behalf.
4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
23. Export Controls
The software that supports the Services (the "Software") is subject to South African export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of South African export laws. You’re downloading and using the Software at your own risk.
24. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
25. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
27. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
28. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages (For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.), which are a reasonable pre-estimate of the damages:
1. If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than R10000.
2. If you host images for anything other than your Emails, or use our resources in any way that’s not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than R10000.
3. If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than R5000 plus the amount owed.
29. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
30. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
33. Choice of Law
34. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
37. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
38. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. So no changes, no exceptions.
39. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
40. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: PO BOX 12515 De Boord, Stellenbosch, South Africa or any addresses as we may later post on the Website.
You consent to receive Genesys Marketing newsletters, marketing material and to be contacted by Genesys Marketing sales consultants.
43. Entire Agreement
Appendix A: Acceptable Use Policy
Please don't use Genesys Communications to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
Pornography or other sexually explicit Emails
Emails offering to sell illegal goods or services
Emails that violate CAN-SPAM Laws
Marketing or commercial email without permission
Some industries have higher-than-normal abuse complaints, which can in turn jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:
Escort and dating services
Work from home, make money on online, and lead generation opportunities
Online trading, day trading tips, or stock market-eelated content
Gambling services or products
Credit repair and get out of debt opportunities
Mortgages and loans
Nutritional, herbal, and vitamin supplements
Adult novelty items or references
List brokers or list rental services
We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:
Send Spam. By "spam," we mean the definition on the Spamhaus website. In short, spam is "unsolicited bulk email."
Put into your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone's rights. That includes text, photos, graphics, and other content.
Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
Share your password.
Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
Use any of the software on our Website, or downloaded from the Website, to create a competing product.
Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise.
Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.
Send transactional messages through Genesys Communications, unless you use our Transactional Service.
Send email through Genesys Communications that will be delivered to recipients as text, SMS, or MMS messages.
Use an outside unsubscribe process (if utilising our ESP service).
Upload or send to purchased lists, rented lists, or third-party lists of any kind.
Send content created in Genesys Communications through another service.
Host images on our servers for any purpose other than for use in your email campaigns.
Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.
You may only use Genesys Communications to send Emails to people and entities that either:
1. Gave you written (including electronic) permission to send Emails to them, have not withdrawn that permission, and:
gave you that permission in the past 12 months; or
didn’t object to promotional content you sent them in the past 12 months.
2. Gave you their name and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails, and either:
purchased something from you or negotiated a purchase from you in the past 12 months; or
didn’t object to promotional content you sent them in the past 12 months.
1. Information We Collect
2. List and Email Information: When you add an email Distribution List or create an email with the Services, we have access to the data on your list and the information in your email. This extends to our ESP should you choose to utilise this aspect of the Service.
3. Information from your Use of the Service: We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you within the application.
4. Cookies: When you register to use Genesys Communications, we store "cookies," which are strings of code, on your computer. We use those cookies to collect information about when you visit our Website, when you use the Services, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Services.
5. Web Beacons: When we send emails to registered Genesys Communications customers, we'll sometimes track who opened the emails and who clicked the links. We do that to measure our Email Campaigns’ performance and to improve our features for specific segments of customers. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create the reports you see about who has or hasn’t opened emails or clicked links. Reports are also available to us when we send you email, so we may collect and review that information.
3. Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only as follows:
1. To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking whether you want to sign up. And if you use any of our Services, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
2. To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 7 below.
5. To provide customer support and deliver the Service.
6. To protect the rights and safety of our Members and third parties, as well as our own.
7. To meet legal requirements like complying with court orders and valid subpoenas.
8. To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
9. To prosecute and defend a court, arbitration, or similar proceeding.
10. To support and improve the Services we offer. This includes adding features that compare Members' Email Campaigns, or using data to suggest other publishers your subscribers may be interested in.
11. To communicate with you about your account for informational, not promotional, reasons.
13. To send you informational and promotional content that you may choose (or "opt in") to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
14. We may need to collect financial data to process purchase transactions, the information required to process these transactions, such as credit card data information will
(unless explicitly stated) not be stored on our servers. As such we will have no access to your payment details. This information will rather be processed directly by a Tier 1 PCI DSS accredited service provider who will process the transaction.
4. Public Information and Third Parties
1. Blog. We may have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us. If we’re not able to remove your information, we’ll let you know why.
2. Social Media Widgets. Our Websites may include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
4. Service Providers. If it is necessary to provide you a service you've requested, like send you a T-shirt or enable a feature, then we may provide your personal information to a service provider. We will restrict any service provider's use of your personal information. We will tell you whenever reasonably possible and you may request at any time the name of our service providers.
5. Content of Email Campaigns
When you send email marketing, it bounces around from server to server as it crosses the internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Genesys Communications.
5. Your Distribution Lists
If you choose to utilise our integrated ESP as described in Terms above, your lists will be stored on our ESP’s secure server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your lists from Genesys Communications at any time, as long as we have a copy.
We’ll use and disclose the information in your Distribution Lists only for the reasons listed under Use of Your Personal Information, except the following. (In other words, we will not use and disclose the information in your Distribution Lists to):
• bill or collect money owed to us;
• send you system alert messages;
• communicate with you about your account; or
• send you informational and promotional content.
6. Notice of Breach of Security
Nobody’s safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Genesys Communications will notify you as soon as possible and later report the action we took in response.
7. Safeguarding Your Information
Genesys Communications accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords.
8. Data Flow
You consent to the trans-border flow of Client Data including Subscribers’, Contacts’ and other third party Personal Information. The purpose of the trans-border flow of the aforesaid data may include, but is not limited to data hosting and storage on our server as well as our ESPs.
9. Accuracy of Data, Transparency, and Choice
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you’re responsible for notifying us of those changes.
We only store data about you for as long as it’s reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, relating to when and where emails were sent, which bounced, which resulted in a complaint, and similar information, because we use it to help us screen out people who violate SPAM laws, and for other reasons explained in this policy.
We’ll give you access to any Personal Information about you that we hold within 30 days of any request for that information you make by contacting us. Unless it’s prohibited by law, we’ll remove any Personal Information about you from our servers at your request.