Terms of Use

Thank you for choosing GoGeeMail for your email marketing needs. Your agreement with GoGeeMail includes these terms, as well as any additional terms that may apply.

1. The GoGeeMail Service

1.1 The purpose of the GoGeeMail service is to allow users to upload and manage their contact lists, create and send email campaigns, and track the delivery and performance of those campaigns.

1.2 The service operates on a multi-tenant basis, allowing multiple independent users (and, where applicable, their sub-users or clients) to manage their own contacts and campaigns in isolation from one another.

1.3 The components of the GoGeeMail service are as follows:

1.3.1 List Management

1.3.1.1 Users may upload, import, and manage lists of contacts and recipients. Users are responsible for the accuracy of this data and for ensuring they have a lawful basis to communicate with the contacts on their lists (see Section 5).

1.3.1.2 The system maintains suppression and unsubscribe records to ensure that recipients who have opted out are not contacted further.

1.3.2 Campaign Creation and Sending

1.3.2.1 Users may create, design, and schedule email campaigns for delivery to their selected contact lists or segments.

1.3.2.2 Campaigns are sent via the platform's email sending infrastructure using Amazon SES.

1.3.3 Reporting and Analytics

1.3.3.1 The system provides reporting on campaign performance, including delivery, bounce, open, click, unsubscribe, and spam-complaint data.

1.3.3.2 This data is made available to the user for their own campaigns and is used by GoGeeMail to maintain deliverability and protect the integrity of its sending infrastructure.

2. Registration, Billing & Cancellation

2.1 Users will register for an account in order to access and use the system.

2.2 Where the service is used on a reseller or agency basis, the account holder may set up their clients as sub-users, and remains responsible for those sub-users' use of the system.

2.3 Users will be billed according to the applicable pricing plan [e.g. monthly subscription, per-contact tier, and/or email send volume / credits], which will recur until cancellation.

2.4 [Where a credit or send-volume model applies:] Users may pre-purchase sending credits which are consumed as emails are sent. [Specify expiry / roll-over terms.]

2.5 Users may cancel monthly accounts at any time, with 1 calendar month's notice.

2.6 Annual subscriptions require 30 days' notice of intention to not renew.

2.7 Early cancellation of annual subscriptions requires that the balance of the annual cost be settled.

3. 3rd Party Applications

3.1 GoGeeMail may integrate with other 3rd party systems at the request of the user.

3.2 These 3rd party applications may have their own terms of use and privacy policies, and your use of such applications will be governed by and subject to such terms.

3.3 You understand and accept that GoGeeMail does not endorse, and is not liable for, the behaviour, features or content of any such 3rd party application.

4. Data Protection (Operator / Responsible Party Obligations)

4.1 In respect of the personal information of your contacts and recipients that you upload to or process through the system ("Recipient Data"), you act as the responsible party (data controller) and GoGeeMail acts as an operator (data processor) processing that data on your behalf and on your documented instructions.

4.2 GoGeeMail will process Recipient Data only for the purpose of providing the service, and will not use, sell, or disclose Recipient Data for its own purposes, except as required by law.

4.3 GoGeeMail will maintain appropriate technical and organisational security measures to protect Recipient Data against loss, unauthorised access, and disclosure, as required by the Protection of Personal Information Act ("POPIA").

4.4 GoGeeMail may engage sub-operators (such as email sending infrastructure and hosting providers) to process Recipient Data, and will ensure such sub-operators are bound by equivalent obligations.

4.5 GoGeeMail will notify the user without undue delay upon becoming aware of any security compromise affecting Recipient Data, to enable the user to meet its notification obligations under POPIA.

4.6 Upon termination of the account, GoGeeMail will delete or return Recipient Data, save where retention is required by law.

4.7 The user's own account and profile information is handled in accordance with the GoGeeMail Privacy Policy.

5. User Guidelines and Acceptable Use

5.1 The use of the system in contravention of any law or regulation is not permitted.

5.2 Only contact data that meets at least one of the following requirements may be uploaded and emailed:

• Contacts have opted in to receive communications from you.
• You can verify where you acquired your contacts' data (you have proof of the data source).
• Contacts are existing customers with whom you have a contractual right to communicate accordingly.
• Contacts have done business with you in the past two years.

5.3 Users must comply with all applicable anti-spam and direct-marketing laws, including the relevant provisions of POPIA and the Electronic Communications and Transactions Act.

5.4 Every campaign must include a functioning unsubscribe mechanism and accurate sender identification. Users may not send to recipients who have unsubscribed, nor attempt to circumvent suppression lists.

5.5 The following are prohibited: sending unsolicited bulk email (spam); using purchased, rented, or scraped lists that do not meet clause 5.2; sending deceptive, fraudulent, or misleading content; and distributing malware or phishing content.

5.6 GoGeeMail reserves the right to suspend or terminate any account, and to withhold or halt any sending, where it reasonably believes these guidelines have been breached or where sending activity threatens the deliverability, security, or reputation of its infrastructure.

6. Confidentiality

6.1 The user undertakes to maintain as confidential any information and details, including but not limited to the pricing structure or any technical or procedural information regarding the Service or the provision thereof.

6.2 All data supplied by any user to GoGeeMail shall remain strictly confidential.

7. Intellectual Property

7.1 GoGeeMail asserts its right to be recognised as the owner of the Intellectual Property associated with the GoGeeMail system and service, including, but not limited to, the software, functionality and features thereof.

7.2 GoGeeMail remains at all times the owner of the system and software, and no users shall acquire any rights in this regard.

7.3 Each party shall retain all right, title and interest in and to all Intellectual Property Rights which vested in that party prior to the Commencement Date or which are developed by or on behalf of that Party independently of any of the other parties. Each party acknowledges that it has no claim of any nature whatsoever in and to the Intellectual Property Rights of the other party except insofar as it is necessary to give effect to the provisions of this Agreement.

8. Variation

8.1 No Agreement varying, adding to, deleting from or cancelling this Agreement, and no waiver whether specifically, implicitly or by conduct of any right to enforce any term of this Agreement, shall be effective unless reduced to writing and signed by or on behalf of The Parties.

9. Cession

9.1 The Company reserves the right to take cession of all obligations in regard to reseller clients in the event that the Agreement with the reseller is terminated.

9.2 The reseller may not cede any of their rights and obligations under this Agreement without prior written approval by The Company, which approval shall not be unreasonably withheld.

10. Severability

10.1 If any term or provision or part thereof (in this clause to be known as "the offending provision") contained in this Agreement should for any reason whatsoever be declared, or become, unenforceable, invalid, or illegal; the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing therein.

11. Indulgences

11.1 No indulgence granted by a Party shall constitute a waiver of any of that Party's rights under this Agreement and accordingly that Party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.

12. Indemnity and Liability

12.1 The user, by making use of the system, irrevocably indemnifies the Company and / or its directors and / or its employees and / or its agents against any claim of any nature howsoever arising. For clarification purposes, in any claim made by any third party against the Company arising out of this Agreement, it is agreed that the Company and / or its employees and / or directors will be indemnified by the user and / or by the user's authorised representative.

12.2 In respect of the aforegoing, the Company shall not be liable or become involved in any dispute between a user and their clients or recipients, and cannot be held responsible for any wrongdoing on the part of a user.

12.3 The Company shall not be liable for any costs incurred, or compensation or loss of earnings due to the work carried out on behalf of the user or any of the user's appointed agents.

12.4 The Company shall not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by the Company or its agents.

13. Jurisdiction

13.1 The Agreement shall be governed by South African law, and the Client hereby consents to the jurisdiction of the Magistrate's Court. The Company may, at its sole discretion, institute proceedings out of the High Court where it deems appropriate.