General Terms and Conditions

Spanish version controls. This English translation is provided for convenience. If it differs from the Spanish terms, the Spanish version prevails.

Provision of Fleetmailer services

1) Services provided by FleetMailer

  • FleetMailer agrees to provide the Client with Internet email services, referred to below as the “Services.”
  • FleetMailer will use all resources reasonably available to provide high-quality Services. Each type of Service has a service-level commitment described in its applicable specific clauses.
  • FleetMailer will make every reasonable effort to provide the Services on the agreed dates. FleetMailer is not responsible for delays caused by force majeure or circumstances outside its control.

2) Client obligations

  • Use the Service in accordance with applicable laws and regulations. If third parties use the Services, the Client alone is responsible for informing them that the Services must be used in accordance with applicable laws and regulations.
  • Pay all amounts due on time and in the manner specified in the applicable orders and this agreement.
  • Indemnify FleetMailer for direct costs, expenses, losses or obligations incurred because the Client failed to meet its obligations.

3) Contract term and payment

Monthly-sends and subscriber accounts

Monthly-sends and subscriber accounts are paid monthly at the beginning of each period. New accounts are created and activated within 48 business hours after payment is credited.

At the end of a period, the Client may renew the account and retain its data and subscriber lists. Unless the Client previously requests cancellation, FleetMailer will renew the Service automatically and may adjust its price if list prices change. The Client has 10 calendar days to pay for renewal. If payment is not made, the Service will be suspended. A suspended Service may be reactivated at any time. If it is not reactivated within 90 days, the account will be cancelled and deleted, including all data and subscriber lists.

Monthly-send plans renew each calendar month. Any sends unused during the period are forfeited and are not subject to a claim.

Prepaid-credit accounts

Prepaid-credit accounts are paid when the selected credit plan is purchased. New accounts are created and activated within 48 business hours after payment is credited.

Credits do not expire and may be used at any time. Accounts with no activity for 180 days will, however, be deactivated. A deactivated account remains in the system for another 90 days. If the Client does not reactivate it within that period, it will be cancelled and deleted, including all data and subscriber lists.

4) Early termination

The Client or FleetMailer must provide written notice of its intention to terminate this agreement 15 calendar days before the effective cancellation date, without needing to state a cause.

5) Warranties and limitation of liability

  • For Service-availability problems directly attributable to FleetMailer, FleetMailer will compensate the Client by deducting the proportional value of the unavailable Service, up to the availability commitment defined in the specific clauses for the purchased Service.
  • FleetMailer will never be liable for lost profits or other indirect losses, sales, business, anticipated savings or data suffered by the Client.
  • FleetMailer’s total obligations will in all cases be limited to the amount already received under the agreement.

6) Assignment

The Client may not assign this agreement to a third party without FleetMailer’s written consent.

7) Termination by FleetMailer

FleetMailer may terminate this agreement at any time, without needing to notify the Client of the reason, if: (1) the Client breaches any obligation under this agreement; (2) the Client fails to pay charges for the purchased Services by the established deadlines; or (3) the Client is declared bankrupt or enters liquidation. In these circumstances, the Client agrees to pay FleetMailer all charges outstanding through the end of the basic Service term within five (5) days after demand.

8) Legal and tax framework

  • This agreement does not create a partnership or association between the parties, nor an agency or branch. Each party is an independent contractor.
  • This agreement is governed by and interpreted under the laws of the Argentine Republic. The parties submit to the jurisdiction of the competent courts of the City of Buenos Aires and waive any other venue or jurisdiction.
  • Agreed prices are net of taxes. The Client bears every tax, rate, charge or levy. FleetMailer will add applicable charges to invoices in accordance with current tax regulations.

9) Database registration

Data collected through the website is incorporated into a database controlled by FleetMailer. It is registered with the National Directorate for Personal Data Protection of Argentina’s Ministry of Justice and Human Rights under Form FB.01 No. 1,359, in compliance with Article 3 of Law 25,326.

The National Directorate for Personal Data Protection, the supervisory authority for Law No. 25,326, has authority to receive complaints and claims related to failures to comply with personal-data-protection rules.

10) Rights

The Client may exercise the right to access personal data free of charge at intervals of no less than six months, unless a legitimate interest is shown in accordance with Article 14(3) of Law No. 25,326.

The data subject may at any time request the withdrawal or blocking of their name from databases (Law 25,326, Article 27(3)), in compliance with Decree 1558/2001.

Specific clauses — Email Service

I — Technical description and procedures

  • I.1. The “Email” Service consists of sending electronic mail over the Internet using the platform and equipment provided by FleetMailer.
  • I.2. Guaranteed availability for the Email Service is 97.3%, measured annually. Availability of communication links is 99.3%, also measured annually.

II — Specific clauses

II.1 The Service

  • The Client represents that the Services will be used only for lawful purposes. FleetMailer is not liable for claims related to content displayed or stored on the Service platform.
  • The Client alone is responsible for content supplied to the Service platform and for retaining a backup copy of that content.
  • Clients that wish to resell the Service will receive special pricing. Reseller service is provided exclusively to clients operating in a field related to marketing, communications or advertising.

II.2 Types of information

Contact and subscriber lists are stored on secure servers provided by FleetMailer. FleetMailer will never use, contact, sell, publish or share those lists with third parties, except when required by law or in response to an individual subscriber’s complaint.

II.3 Anti-spam policies

FleetMailer prohibits spam and unsolicited email. A send is classified as spam when it exceeds 15% permanent rejections, when subscribers report it as unsolicited, or when a user attempts to upload a list of more than 5,000 subscribers without substantiating its origin.

Any user who sends unsolicited email will automatically be barred without prior notice. FleetMailer may take legal action against the user for damages caused by IP addresses being placed on blocklists.