Purchasing Terms and Conditions

TouchBasePro offers many different packages, both once off and recurring items for email, SMS and our other service offerings found under the banner of Account Managed Service. Below you’ll find the Terms and Conditions that apply to the different products and services that you might purchase from TouchBasePro.

All of these Terms and Conditions work in conjunction with our Standard Terms and Conditions and other Legal Policies, and by making a purchase with us you agree to be bound by any and all of the applicable Terms found below.

The Different Email Packages

These are prepaid credits. When you buy Pay-As-You-Go, your credits do not expire. You have unlimited database storage on Pay-As-You-Go. A campaign will cost 1 credit per email address + 500 credits per campaign (campaign sending fee). Inactive accounts will incur a data storage fee.

Monthly Contract (storage based)
On a monthly contract, you have limited storage with unlimited sending. You will be charged for the total number of email addresses across all databases that are stored in your account. You are not limited with the number of campaigns you can send, you have access to unlimited campaigns, design tests and automation emails. You will also have access to transactional emails on this monthly contract.

Campaign Sending Fee

Pay-As-You-Go Email Campaigns cost 500 Email Credits per Campaign if sent to 5 or more recipients. Monthly Contract doesn’t have any admin fees associated with them.

Data Storage Fees

Pay-As-You-Go Accounts that do not use the account for email sending will be charged a data storage fee at a flat rate. Accounts are deemed Inactive when no campaign is sent from the account in a 60 day period. Pay-As-You-Go Accounts that are actively sending campaigns are exempt from this fee. This fee does not apply to Monthly Contract Accounts as it is part of the recurring monthly contract.

Email Credits Expiry

Pay-As-You-Go credits are sold on a per credit basis, and do not expire. Unused pre-paid credits are refundable, see our Refund Policy for more details. Monthly Contract doesn’t give you “credits”, but the ability to store up to a certain number of subscribers in your account, so credit expiry doesn’t apply to these packages.

Dynamic Package Upgrades

Monthly Contract is a storage-based packages that give you the ability to store up to a certain number of subscribers. To make your sending experience seamless, if you go over the number of subscribers your package can store, by loading new databases or even if your list grows organically via online sign up forms, your package will be upgraded straight away to the one that suits your needs best. Likewise, if you go below the next threshold, you'll be downgraded to the next lowest package for next month.

SMS Purchasing

SMS credits are one flat rate across all networks. Only South African numbers can be sent to. Unused SMS credits are refundable, see our Refund Policy for details.

Recurring Monthly Contract

A recurring monthly contract is defined as having a Monthly Contract package with TouchBasePro, whether you signed up on the website via a credit card, requested a pro-forma invoice and paid the first month upfront to have it activated, requested a debit order, signed a contract sent to you by a sales representative, or requested a subscription in writing via email, fax or letter.

A subscription is also defined as having a recurring monthly agreement with TouchBasePro for anything under our Enterprise Managed Service banner, including but not limited to Customer Success Manager, Website and Email Hosting, Google Adwords and Remarketing, Social Media Management, Content Management, Website Maintenance etc.

  1. This service contract will commence on the date stated and will endure for the specified period of consecutive months. If no period is specified, the contract runs on a month to month basis.
  2. The contracting parties are TouchBasePro (Pty) Ltd (“the company”) and the aforesaid period of consecutive months. If no period is specified, the contract runs on a month to month basis. customer referred to as “the customer”.
  3. Unless explicitly agreed upon in writing by both parties, invoices from the company are Cash On Delivery (C.O.D.). The terms of payment and due dates will be set out on the invoice/s to the customer.
  4. The company reserves the right to change its prices from time to time in its sole discretion.
  5. The Company reserves the right to vary any quoted price by adding thereto increased costs which need to be levied due to circumstances beyond the Company’s control, for example fluctuations in the exchange rate of the Rand.
  6. Should the customer fail to pay the company any sum as invoiced within the time specified per invoice, the customer will be in breach of this agreement, which may result in suspension, termination or fines being levied against the customer’s account.
  7. The company will provide its best endeavours to give a continuous fault free service to the customer.
  8. The customer acknowledges that faults in the service may occur but agrees that such faults are in the nature of the service provided and will not constitute cause for a breach.
  9. The customer will not be entitled to set off any sum owing to the company from any payment it owes to the company.
  10. The customer will be entirely responsible for the configuration and maintenance of all equipment on its premises which might be required by the company to provide the service.
  11. The customer agrees not to breach any applicable laws or rules in receiving and utilising the company’s services. In particular, the customer will not contravene any laws, usage practices or the like nor behave in a manner offensive to other internet users including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing and the like.
  12. Should the customer breach this service agreement, the company is entitled to suspend services without notification and immediately upon such breach.
  13. This agreement may be terminated by one party giving the other one calendar month’s written notice. Any applicable discount is forfeit and payable.
  14. In the case of long term contracts: after the initial term of this contract, pricing shall revert back to the company’s standard pricing and the monthly pricing agreed in this contract will no longer apply. In compliance with the Consumer Protection Act, if a long term contract is not renewed or cancelled in writing within the contract period, prices are reverted to standard pricing on a month to month basis.
  15. The customer acknowledges that the company’s intellectual property utilised in the provision of these services to the customer is owned entirely by the company and cannot be compromised or prejudiced in any way.
  16. This agreement constitutes the entire agreement between the parties.
  17. This agreement is not exclusive.
  18. The company will not be liable for any damages, whether contingent or otherwise, which the customer may claim arose from its receipt of the services from the company.

The full set of Enterprise Managed Service / Web Design and Development Services can be found here, and apply to any and all Design and Development projects as quoted and agreed upon.