Terms of Service
Last updated: [date]
Who we are
ASMTP is provided by Clive Marshall, trading as RMD World, of [postal address] ("we", "us"). We are a sole trader registered in England. We are not VAT registered. Contact: support@asmtp.com.
1. The service
1.1 ASMTP is an outgoing email relay. You log in with credentials we issue and we deliver email on your behalf. We do not provide mailboxes or receive mail for you.
1.2 We may use third-party delivery services, currently Amazon Web Services (Amazon SES), to deliver your messages.
1.3 The service is provided on the plan you choose, with the limits shown on the Pricing page at the time you buy. We may change limits for new purchases; your plan's limits do not change during a paid year.
2. Your account
2.1 You must give accurate details when you sign up and keep them up to date.
2.2 You may only send from addresses or domains you have verified with us.
2.3 Every new account is reviewed by us before sending is allowed. We may decline an account for any lawful reason and will refund any payment for a declined account.
2.4 New accounts start on reduced daily limits for the first 14 days, as described on the Pricing page.
2.5 You are responsible for keeping your login details secure and for all mail sent using them. Tell us at once if you think a login has been compromised.
3. Payment
3.1 Plans are paid yearly in advance by card or PayPal in the name of the account holder.
3.2 We will send renewal reminders before your plan ends. If it is not renewed, sending stops on the renewal date. Your account and settings are kept so you can renew later.
3.3 Time passes are paid once and do not renew. A pass starts with the first message you send after we approve it and must be started within 7 days of approval, or it expires. It ends when its time is up or its messages are used, whichever comes first.
3.4 We do not sell extra messages. If you need to send more than your plan or pass allows, ask us through your customer area and tell us why; any higher limit, and any charge for it, is agreed with you first.
4. Cancelling and refunds
4.1 If you are a consumer, you may cancel within 14 days of buying for a full refund, unless you have used the login to send mail, in which case you agree we have started the service at your request and the refund may be reduced to nothing.
4.2 Otherwise, plans are non-refundable once the year has started.
4.3 If we end your account because it was used to send spam or otherwise broke the Acceptable Use Policy, it ends straight away and for good. We will not accept you as a customer again, and no refund is given, for any part of a plan year or of a time pass.
4.4 The 14-day right to cancel in 4.1 does not give a refund for a service you have already used to break the Acceptable Use Policy: the service was provided at your request and you used it.
5. Acceptable use
5.1 The Acceptable Use Policy is part of these terms. In short: only email that the recipients expect, no bulk marketing to people who did not ask for it, nothing illegal, nothing harmful.
5.2 We may hold, delay or refuse any message, and pause any login or account, without notice, where we reasonably believe the Acceptable Use Policy has been broken or the service is at risk. We will tell you what we have done and why as soon as we reasonably can. Automatic checks only ever pause an account; a person looks at the evidence before any account is closed for spam.
5.3 We monitor bounce and complaint rates. Sustained rates above the levels published in the Acceptable Use Policy lead to automatic suspension.
6. Our responsibility
6.1 We will run the service with reasonable skill and care, but email delivery depends on many parties we do not control. We do not promise that every message will be delivered, or delivered within a particular time.
6.2 We are not responsible for the content of your messages. We act as a conduit and do not select or alter what you send, other than adding technical headers and signatures.
6.3 Nothing in these terms limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
6.4 Otherwise, our total liability to you in any plan year is limited to the amount you paid us for that year.
7. Your responsibility
7.1 You are responsible for complying with the law that applies to your email, including the Privacy and Electronic Communications Regulations and UK GDPR, and for having any consent you need from your recipients.
7.2 You will compensate us for losses we suffer because of a breach of these terms by you, including costs of dealing with abuse complaints and blocklist removals caused by your sending.
8. Privacy and data
8.1 Our Privacy Policy explains what we collect and why. The Data Processing section of it forms part of these terms where we process personal data on your behalf.
9. Changes and ending
9.1 We may change these terms by giving you 30 days' notice by email. If you do not accept a change, you may end your account and we will refund the unused part of your plan year.
9.2 We may end the service altogether by giving at least 90 days' notice and refunding the unused part of any plan year.
9.3 You may close your account at any time from your customer area.
10. General
10.1 These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, without affecting your rights as a consumer to bring a claim where you live.
10.2 If part of these terms is found invalid, the rest still applies.