This is a binding agreement (or contract) between "you" (Customer or User of Clickback) and "our" or "us" (Clickback) Services. It details the type of service we will provide to you, aspects of our business relationship and how we will work together. This policy is a legal document so you must agree to the terms outlined below otherwise you will not be able to use our Services.
Clickback is a cloud-based email lead generation software. By using our software you agree to abide by terms listed in "Agreement" below. Because this policy constitutes as a binding, legal document we have created a "definitions" section as a way to help you understand the legalese.
"User" refers to any employee, affiliate, partner, consultant, agency or freelance contractor who has been authorized to use our Services. That means they have unique ID’s and passwords to gain access to our Service.
"Billable Users" are Users who have an account with Clickback in which we charge recurring fees as set forth in the written, signed "Agreement."
"Billing Period" means the timeframe for which you have agreed to pay fees for using our services. This timeframe is referred to as the Subscription Term. For example, for a User with a monthly Subscription Term they are invoiced on the first day of every month.
"Contact" or "Recipient" is an individual classified as a customer, a prospect, a lead, or audience whose information is imported into our software and stored by you (the User) in order to send relevant, targeted B2B email messages to them.
"Record" means a contact's data or information that you have collected or purchased via a third-party reputable data provider.
"Data Provider" is any third-party, reputable company that Clickback partners with who sells or rents their data for the sole purpose of you using our software to email them targeted B2B messages.
2. Subscription Terms and Renewals
These Subscription Terms are part of the 'Clickback Lead Gen Edition Software Agreement' that is agreed to and signed by all Customers and Users of our Services.
Clickback has a zero tolerance to 'consumer spam' policy. Therefore Users of our software are not permitted to send emails to consumers.
Users agree to pay Clickback in a timely manner for services rendered, due on receipt. Failure to pay on time may result in temporary or permanent suspension of User's access to our Services. Clickback reserves the right to suspend services for overdue accounts after two (2) email statements/notices and/or on the 25th day, until the account has been paid up to date.
Users of our software understand that they are responsible for everything that happens in their account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to from User’s email campaigns. Users also agree to take full responsibility for any and all content distributed through our software, and to abide by all pertinent copyright laws.
User agrees to indemnify and hold us, Clickback and its officers, employees and business partners, harmless from any claims arising from User’s use of our Services.
Clickback reserves the right to suspend or terminate a User's account access and privileges, with written notice, in cases where a mailing sent by or on behalf of User receives an unreasonable number of complaints from blacklists, Internet Service Providers or email watchdog groups (with Clickback having the right to determine what qualifies as unreasonable). User will also be responsible for paying any fines incurred by Clickback as a direct result of one of its mailings, in cases where clear and direct evidence is presented to Clickback by the fining organization. Dependent on the blacklist, blacklist de-listing fees may be applicable and are invoiced to the User on the following month's invoice.
User's use of our software may be terminated by either party in writing previous to the last day of the month. Users will be responsible for payment for any services rendered up through the termination date. If a User has paid in advance for a certain period of time for our software, or any portion thereof, and terminates prior to the completion of that period, that payment is non-refundable.
Clickback may terminate this Agreement if: a) payment for services rendered becomes 25 days overdue or a minimum of two (2) email statements/notices have been forwarded, or b) Clickback determines that User is in breach of any of the terms set forth in this Agreement.
Following termination, Clickback will work with User to help retrieve User-owned email addresses and other vital account data, within a reasonable period of time. Clickback makes no guarantees as to the availability of User's data for more than 30 days following the date of termination by either party.