Our Terms and Conditions of Use

Please read the below Terms and Conditions carefully before making use of the services available at TouchBasePro.com, or offered by or on behalf of TouchBasePro  (Pty) Ltd or its affiliates. If you do not accept the full terms of the agreement below, do not make use of the services.

Standard Terms & Conditions

1. Definitions

1.1. “this Agreement” means these Standard Terms and Conditions of Sale as read with the Company’s service contract;

1.2. “the Company” means TouchBasePro (Pty) Ltd (hereinafter referred to as TouchBasePro or TouchBasePro.com), including its associated and subsidiary companies, successors-in-title and assigns;

1.3. “the Customer” means the party indicated on the service contract, alternatively the party to whom the Company is providing the Service;

1.4. “the Service” means the service provided by the Company to the Customer at the latter’s specific instance and request;

1.5. “Service contract” means the Company’s written hard copy service contract or contracts that may exist in addition to these standard terms and conditions, hereinafter referred to as “Service contract” or “Agreement(s)”;

1.6. “BasePoints” refers to the mechanism used to quote and bill any services rendered by TouchBasePro.

2. This Agreement

2.1. The company shall have the right at any time to change or modify the terms and conditions of this agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TouchBasePro.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of TouchBasePro by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. Ownership and Risk

3.1. The Customer acknowledges that ownership in and to all of the intellectual property which is provided to the Customer in providing the Service is owned by the Company.

3.2. The Company is entitled to take all reasonable steps to protect such intellectual property against infringement even if this involves jeopardising the provision of the Service to the Customer.

4. Warranties

4.1. The Company does not warrant that the Service will provide the Customer with the exact form of performance the Customer may have required.

4.2. The Customer acknowledges again due to the nature of the Service that the capacities and scope of the Service might fall short of the Customer’s requirements but the same shall not give rise to the Customer having any right to withhold payment.

5. Non-Transferability

5.1. Notwithstanding that the Company is providing the Service to the Customer, the latter shall not be entitled to transfer or otherwise deal in the Service with third parties.

5.2. The Customer shall not attempt to copy, replicate or otherwise take advantage of the Service to the benefit of third parties.

6. Confidential Information

6.1. The parties acknowledge that during the provision of the Service, confidential information may be exchanged between them and each of them acknowledges the existence of such confidential information and undertakes to keep same confidential.

7. Limitation Of Liability

7.1. The Company will not be liable for any loss or damage of any nature and howsoever arising which may be suffered by the Customer as a result of or in connection with the utilisation of the Service by the Customer, whether indirect, consequential, delictual or otherwise.

8. Breach

8.1. If the Customer breaches any provision of this Agreement, or any subsequent Terms and Conditions set out by TouchBasePro, the Company shall be entitled to terminate the Agreement and suspend the provision of the Service with immediate effect.

9. Force Majeure

9.1. The Company will not be liable to the Customer for failing to perform any of its obligations in terms of this Agreement as a result of an act of God or any cause beyond its control.

10. Legal Provisions

10.1. This Agreement and all transactions between the Customer and the Company shall be governed by and construed in accordance with the laws and regulations of the Republic of South Africa.

10.2. The South African Courts will have exclusive jurisdiction to adjudicate any dispute arising from or related to this Agreement.

10.3. The Company shall, at its option, be entitled to institute action in the Magistrate’s Court notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Customer in any other competent Court with jurisdiction.

10.4. A certificate issued by any manager or director of the Company, whose authority, appointment and signature it shall not be necessary to prove, that purports to certify any indebtedness of the Customer to the Company, provision of the Services to the Customer, or any other fact shall constitute prima facie proof of such indebtedness or delivery or the Company’s ownership or any other fact.

10.5. The Customer shall be liable for the Company’s legal fees in the event of the Company enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s fees on brief, tracing agent’s fees and collection charges.

10.6. The Service may be accessed throughout South Africa and overseas. TouchBasePro makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside South Africa. If you access the Services from outside South Africa, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

11. Domicilium

11.1. The Customer chooses its physical address as set out in the account information supplied during the online registration process on the website as its domicilium citandi et executandi for all purposes under this Agreement. The Customer may change its domicilium by furnishing the Company with 7 (seven) days written notice of its new physical address.

12. General Provisions

12.1. This Agreement constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation unless it is contained herein.

12.2. No amendment of this Agreement and extension of time, waiver or relaxation of any of the provisions of this Agreement shall be binding unless recorded in a single document signed by both of the parties.

12.3. No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the Company’s rights hereunder.

12.4. Each provision of this Agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.

12.5. The rule of construction that this Agreement be interpreted against the party responsible for drafting this document shall not apply.

12.6. Provisions in this Agreement that by their very nature are intended to survive the termination, cancellation or completion of a sale shall survive such termination, cancellation or completion.

13. General Acceptance by The Customer

13.1. The Customer hereby orders from TouchBasePro the Services described above for the Initial Term specified in this Service Contract. This Service Contract together with any amendments to the Full Terms and Conditions of Service Agreement attached hereto when signed by the Customer will form a valid contract when accepted by an authorised representative of TouchBasePro contingent upon credit approval by TouchBasePro.

13.2. The Customer has read and agrees to be bound by the terms and conditions of this Agreement which replaces the provisions of any Customer-drafted purchase order and supersedes all proposals written or oral as well as other communications between the Customer and TouchBasePro relating to this Service Agreement.

13.3. All notices shall be sent to TouchBasePro as follows: TouchBasePro (Pty) Ltd, Corner William Nicol and Jan Smuts, Hyde Park Lane Office Park, Ground Floor, Sandton, Johannesburg, 2196, South Africa – Attention: Chief Executive Officer.

Privacy Policy

1. Introduction

1.1. TouchBasePro (“we”) is committed to protecting the privacy of individuals who interact with our digital communication services. This Privacy Policy outlines how we collect, use, disclose, and protect personal information in compliance with the Protection of Personal Information Act (POPIA) in South Africa and under various other global data protection and privacy standards such as the General Data Protection Regulation (GDPR) and CAN-SPAM, among others.

1.2. TouchBasePro will never sell or give away your name, mail address, phone number, email address, credit card number or any other information that is private or deemed to be personal information to anyone.

1.3. Any contact lists or databases that you upload remain your intellectual property.

1.4. TouchBasePro will never send communications to your proprietary contact lists or databases.

1.5. TouchBasePro will never sell or give away the information in your database to any third party, please read our full legal terms and conditions.

2. Information We Collect

2.1. We may collect the following types of personal information for the purpose of providing our email marketing services:
– Contact information (name, email address, phone number, etc.)
– Demographic information
– Communication preferences
– Information provided voluntarily by individuals through forms or surveys

2.2. We collect personal information directly from individuals or third-party sources with appropriate consent or where otherwise permitted by law.

3. Use of Personal Information

3.1. We use personal information for the following purposes:
– Providing email marketing and other digital communication services
– Personalising and improving our services
– Communicating with individuals about our services, updates, and promotions
– Analysing and enhancing user experience
– Complying with legal obligations

3.2. For more specific use, we safely utilise your data to:
– To make the site easier for you to use by not having to enter information more than once.
– To help you quickly find software, services or information.
– To help us create content most relevant to you.
– To alert you to product upgrades, special offers, updated information and other new services from TouchBasePro.

3.3 If you decide to register on our Platform or use our Services, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters.

3.4. If you do not want us to communicate with you about other offers regarding TouchBasePro products, programs, events, or services by email, SMS, or telephone, you may select the option stating that you do not wish to receive marketing messages from TouchBasePro.

3.5. We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time under the “My Account” Settings hyperlink. There, you can view and edit personal information you have already given us.

3.6. Once you register, you won’t need to do so again. Wherever you go on TouchBasePro.com, your information stays with you.

3.7. We may use aggregated or anonymised data for statistical and analytical purposes.

3.8. To enhance your experience with our services, we may ask you to sign in using your Google account credentials. This allows us to access certain information associated with your Google account, such as your name, email address, and profile picture.

3.9. By signing in with your Google account, you acknowledge and agree to the terms of this Privacy Policy.

4. Disclosure of Personal Information

4.1. We may disclose personal information to third parties under the following circumstances:
– Service providers who assist us in operating our business, while within the confines of processing best practices and with sufficient notification as provided for under POPIA, GDPR and other data privacy regulations.
– Legal obligations or as required by law enforcement
– With the individual’s or data subject’s consent

5. Protection of Personal Information

5.1. We implement reasonable security measures to protect personal information from unauthorised access, disclosure, alteration, or destruction.

5.2. It is, however, understood that no method of digital transmission or storage is entirely secure. We cannot guarantee the absolute security of personal information, however, it is understood that We take all possible and reasonable measures to ensure data security, integrity and compliance with all current data regulations and laws.

6. Retention of Personal Information

6.1. We retain personal information for as long as necessary to fulfil the purposes outlined in this Privacy Policy, or within our Agreements with Customers unless a longer retention period is required or permitted by law.

7. Rights of Individuals

7.1. Individuals have the following rights regarding their personal information:
– Right to access and rectify personal information
– Right to request deletion of personal information
– Right to object to the processing of personal information
– Right to data portability

7.2. Requests to exercise these rights can be made through the contact details provided under section 9 below.

8. Changes to this Privacy Policy

8.1. We may update this Privacy Policy periodically. Any changes will be effective upon posting the revised policy on our website or within our existing Agreements.

9. Contact Us

9.1. If for some reason you believe TouchBasePro has not adhered to these principles or if you require any information or amendment to your data, please notify us by email at support@touchbasepro.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

Anti-spam policy

Please read this Anti-SPAM Policy carefully before using any services available at TouchBasePro or offered by or on behalf of TouchBasePro or its affiliates. If you do not accept this Anti-SPAM Policy, you are not authorised to use the services.

In consideration of the many Anti-SPAM legislation across the globe, TouchBasePro has a comprehensive and detailed Anti-SPAM Policy in place to safeguard all customers and their recipients.

TouchBasePro does not sell or provide email lists or databases. TouchBasePro does not allow the sending of bulk unsolicited commercial emails (SPAM). We have measures in place to check and stop such messages. Abuse of this bulk messaging service can result in your account being suspended or closed and can result in a fine being levied against you depending on the severity of abuse, and damages incurred by TouchBasePro. You are liable for the repercussions of any misconduct, please read our full legal terms and conditions.

1. Definition of SPAM

We define spam as any email sent to a recipient who has not given their direct permission to be emailed. In other words, your recipients must have given you their permission to be contacted by you, and they should never be surprised to receive it. If they haven’t heard of the company that’s emailing them, or haven’t heard from them in so long they’ve forgotten, it’s SPAM. TouchBasePro has a strict opt-in only policy and does not cater for opt-out marketing.

2. Definition and Scope of Permission

You can send to any recipient that has clearly given you their permission to be emailed about your products/services. They could give you permission by:

– filling out or opting in via a web form subscribing to receive marketing communications from you – provided that the form does not contain any pre-selected fields,
– completing an offline form that expressly indicates their willingness to receive marketing communications from you,
– gives you their details on a business card; provided that they were informed that by providing the business card they are indicating their willingness to receive marketing communications,
– having a clear relationship with you, as an individual that (a) pays dues or a subscription fee to belong to your organisation, or (b) has purchased a good or service from you within the preceding 6 months, during which their details were obtained and there is a reasonable expectation that the Contact would consent to receiving emails, or
– otherwise provides Customer with their express written permission to receive marketing communications from Customer.

You must retain records of any Permissions received and shall provide such records to TouchBasePro upon request.

You will not send emails to recipients on any topic that exceeds the scope of the topic that your recipient has given you Permission to email them about. Where they have provided Permission for a specific individual or organisation to contact them, that Permission may not be transferred to another individual or organisation. Any Permission obtained will be exclusive to you and will not extend to your affiliates, unless such Permission was also granted.

3. Compliance and Approvals

All new accounts on TouchBasePro will be reviewed by our Compliance Team during the Compliance Approval process. TouchBasePro will request specific information about Permission practices and email marketing activities prior to allowing email campaigns to be sent on the platform. If insufficient information and documentation is provided, TouchBasePro may restrict access and usage, or terminate the account.

4. Required Content

By default, all emails sent via the TouchBasePro platform must contain the following:

– An unsubscribe link that A) allows recipients to permanently unsubscribe themselves from communications from the applicable subscriber lists, B) is clear, easily visible, and not obfuscated in any way, C) remains functional for a period of 30 days.
– A clear and accurate identity of the individual or organisation that authorised the sending of the email, along with a legitimate physical address and contact details.
– A permission reminder or statement of the reason that the recipient is receiving the email.

5. Unacceptable methods and offences

There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with TouchBasePro’s Permission policy, or which represent untenable risk to the reputation of our sending infrastructure. By agreeing to TouchBasePro’s Anti-SPAM policy, you may not:

– mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to recipient email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, or purchased, loaned, or rented lists
– mail to any recipients obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them)
– mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s wilful, sender-specific consent
– use TouchBasePro to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or otherwise conduct any illegal activities; or
– take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission as required by this Anti-Spam Policy.

The below are deemed to be actions which exhibit non-compliance with the TouchBasePro Anti-SPAM policy and are referred to as spam offences. TouchBasePro reserves the right to take appropriate action against any Customer Account that exhibits unacceptable spamming behaviour. Offences may include any of the following:

– A recipient of a campaign complains directly or indirectly to our abuse department that said email is unsolicited.
– The failed delivery count for any individual campaign is above twenty percent of the total amount of messages sent in that campaign.
– The total unsubscribe count is greater than ten percent of the total amount of messages sent in that campaign.
– You are unable to provide clear and concise proof of the permission given to you by your recipients.

6. Complaints and Remediation

You are responsible for ensuring that email campaigns sent from your account, by or on behalf of your company, do not generate a number of complaints in excess of industry norms. If your complaint rate exceeds industry norms, TouchBasePro may take action to prevent or repair damage to the sending reputation of our sending infrastructure, including suspending your account. If TouchBasePro sends you a notification regarding excessive spam complaints, you must respond promptly and act in good faith by participating in the creation and/or execution of any remedy. If no remediation measures are implemented in accordance with TouchBasePro’s recommendations, or your account continues to experience high complaint rates (as determined by TouchBasePro in its reasonable discretion), then use of the platform may be suspended until the issue is resolved or until the end of the period specified by the contract.

TouchBasePro may, in its reasonable discretion, remove any content, suspend, or terminate (without refund) use of the platform for any actual breach of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate the obligation to pay fees owed to TouchBasePro.

Service and Agreement Terms and Conditions

1. Service Terms

1.1. Quotes are valid for 30 days.

1.2. No work will be delivered until the full balance of a quoted and signed-for project has been settled by the Customer. If a deposit is required, no work will begin by TouchBasePro until such deposit has been paid by the Customer.

1.3. Any additional requested work or changes outside the originally agreed scope of the project will be charged for.

1.4. If the additional work or changes above amount to more than 15% of the initial time requirement of the initial scope, the project will be halted, and the Customer will be requoted.

1.5. Deliverables must be reviewed within five working days and either, (i) approved in writing or (ii) written comments and/or corrections sufficient to identify concerns, objections or corrections must be provided to TouchBasePro. If no correspondence is received within five working days, the deliverables are deemed accepted.

1.6. After 90 days with no client feedback or input, TouchBasePro will consider a project as completed. All outstanding payment(s) due for such project will become immediately due and payable.

1.7. In the event of termination, TouchBasePro will charge a termination fee to the value of services performed up to the date of cancellation for all work completed by TouchBasePro.

1.8. All design or development work will remain the property of TouchBasePro and stand as TouchBasePro’s intellectual property until paid for in full.

1.9. All BasePoints purchased within this agreement will expire after 30 days of non-use, from the date of a project or service’s inception.

1.10. No BasePoints can be used for any service or project outside of the agreed-upon scope within this agreement.

1.11. Work for any service will only commence once a completed brief and all required content has been provided to TouchBasePro by the Customer.

1.12. TouchBasePro aims to complete all projects as quickly as possible, however, it is understood and agreed to by the Customer that TouchBasePro cannot be held responsible for delays caused by outstanding items not provided by the Customer or any party designated by the Customer to provide such items.

1.13. All campaigns briefed in with TouchBasePro will be completed within 48 hours of receipt of all required content from the Customer. Required content for email campaigns is specifically outlined section in this Agreement.

1.14. Deadlines for all additional services provided by TouchBasePro will be communicated to and agreed upon by the Customer prior to the commencement of any service(s) provided by TouchBasePro.

1.15. Any service that requires completion sooner than TouchBasePro’s standard deadlines will carry a Rush Fee. TouchBasePro will notify the Customer should such a Rush Fee apply and will require written approval from the Customer, or any party assigned by the Customer to authorise such a request, to proceed with such fee.

1.16. All services completed by TouchBasePro will carry a maximum of 3 (three) reverts per campaign, with additional charges being required for further reverts or amendments outside of these confines.

1.17. All such reverts will be provided to the Customer within 5 (five) business days of receipt of the first draft from TouchBasePro.

1.18. All reverts need to be provided to TouchBasePro in writing.

1.19. All campaigns designated to TouchBasePro and being sent by TouchBasePro need to be approved, in writing, before any such campaign being sent.

1.20. If providing services in a platform other than TouchBasePro’s native software, it is understood and agreed that TouchBasePro accepts no responsibility for the system functionality or failure of any such system. Furthermore, TouchBasePro cannot be held responsible for any design or system limitations within any external platform.

1.21. TouchBasePro aims to provide the best support possible, however, when requiring support from any external platform, it is understood that TouchBasePro cannot guarantee any turnaround times or issue resolution.

1.22. It is expressly understood that TouchBasePro cannot be held responsible for the delivery or deliverability of any email campaign(s) sent from any external platform or system.

2. Content requirements for email services

2.1. All relevant subject lines and preheader/ preview text.
2.2. All from names and relevant sending email addresses.
2.3. An authenticated sending domain (DKIM/ SPF passing before sending, DMARC record set at a minimum standard of p-none).
2.4. All recipient email addresses and data (supplied securely upon TouchBasePro’s instruction and within TouchBasePro’s secure data-sharing procedures).
2.5.  All relevant email components such as email copy, all assets and images, all links and the intended link placement, all prices for any products advertised and any other information relevant to such campaign.
2.6. All design guidelines, including any required brand guides or CI manuals.
2.7. Briefs will only be accepted by TouchBasePro if sent in PDF or MS Word format. No emails will be accepted as a brief unless TouchBasePro has approved so in writing to the Customer.

3. Agreement Terms

3.1. All Agreements and Services contracted with TouchBasePro will commence on the date stated and will endure for the specified period of consecutive months. If no period is specified, all contracts run on a month-to-month basis with a cancellation period of one calendar month.

3.2. If a monthly agreement has been signed, the payment of the Monthly Charge(s) stated shall be due irrespective of whether the Customer utilises the Services subscribed for or not.

3.3. If any bi-annual (6-month), annual (12-month) Agreement, or Agreement with a period exceeding 12 months, is cancelled or terminated before the Agreement’s end date or full period, 1 full month’s notice is required and will need to be paid for, in addition to 40% of the remaining Agreement value, upon cancellation. This will be enforced, and it is understood and accepted by the Customer that early termination of any Agreement of this nature is reasonable and further, understands that it will have such penalty applied.

3.4. Only in the event that TouchBasePro has been unable to render all services signed for will this be negotiated, and a fair fee settled upon in such instance.

3.5. Termination of this Agreement will not terminate any provisions that are, by their nature, intended to survive termination.

3.6. Any agreement between TouchBasePro and the Customer that is either 3 months, 6 months, 12 months or longer will be considered a Long-Term Agreement.

3.7. Any Long-Term Agreement with TouchBasePro will need to be renewed before the expiry date of such agreement to qualify for any discount or special provision applied to such agreement.

3.8. Should such Long-Term Agreement not be renewed before the expiry date, TouchBasePro reserves the right to move agreements to month-to-month terms, to avoid any interruption to services, and to account for TouchBasePro’s policies.

3.9. Any agreement moved to month-to-month terms will further carry a 30-day paid notice cancellation period, should termination of such agreement be required. TouchBasePro reserves the right to enforce the collection of any unpaid cancellation period charges due in such circumstances.

3.10. The Customer will have 30 days from the expiry date of any Long-Term Agreement to ensure a new agreement period is signed, to avoid moving to month-to-month, and to avoid losing any benefits derived from any Long-Term Agreement concessions from TouchBasePro.

3.11. It is further noted that any pricing provided to the Customer will be amended upon an agreement rolling over to month-to-month, either to the current year’s standard rates and prices set by TouchBasePro, or any future price or rate increase that TouchBasePro may institute while such agreement is active.

3.12. TouchBasePro further reserves the right to amend or increase any price under such month-to-month agreement, with 30 days’ notice provided to the Customer.

3.13. TouchBasePro’s terms of payment will be set out in its invoice/s to the Customer. Should the Customer fail to pay the TouchBasePro 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.

3.14. TouchBasePro reserves the right to change its prices from time to time at its sole discretion, with reasonable notification to the Customer. This includes a mandatory annual price increase, upon notification to the Customer, which is necessary to accommodate for inflation and increased supplier costs carried by TouchBasePro.

3.15. TouchBasePro will provide its best endeavours to give a continuous, fault-free service to the Customer. 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.

3.16. The Customer acknowledges that it is imperative for it to comply with all prevailing laws and regulations relating to the Service. If for any reason whatsoever, the Customer has been the cause of a breach of the laws and regulations, TouchBasePro shall have the right to recover whatever damages it may suffer directly from the Customer. This strictly includes any breach or contravention of any and all of TouchBasePro’s Terms, Conditions and Policies.

3.17. Should the Customer breach this Agreement, or any of the pertaining Terms and Conditions associated with the use of the Service(s), TouchBasePro is entitled to suspend services without notification and immediately upon such breach.

3.18. TouchBasePro will not be liable for any damages, whether contingent or otherwise, which the Customer may claim arose from its receipt of the services from TouchBasePro

Purchasing Terms

TouchBasePro offers many different packages, both once-off and recurring items for email, SMS, and other service offerings found under our Services categories.

All Purchasing and Payment Terms and Conditions work in conjunction with our Agreement and General Terms and Conditions, as well as all other Terms, Conditions and Privacy Policies of TouchBasePro, and by making any purchase with us, you agree to be bound by any and all of the applicable Terms found on this website and/ or any Agreement with TouchBasePro.

Email Package Structures

1. Pay-As-You-Go Email Credits

1.1. 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).

1.2. Inactive accounts will incur a data storage fee.

2. Storage-based subscription package

2.1. With a storage-based subscription, you have limited audience storage with unlimited sending.

2.2. You will be charged for the total number of email addresses across all lists that are stored in your account, should email addresses be stored across multiple lists.

2.3. 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 limited transactional emails on this monthly contract.

3. Volume-based subscription package

3.1. With a volume-based subscription, you have unlimited audience storage with limited sending.

3.2. You will be charged for the total number of emails sent monthly; however, an unlimited number of email addresses can be stored within your account.

Email Package Terms

1. Data storage fees

1.1. 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.

1.2. Accounts are deemed Inactive when no campaign is sent from the account in a 60-day period.

1.3. Pay-As-You-Go Accounts that are actively sending campaigns are exempt from this fee.

1.4. This fee does not apply to accounts on a subscription package as it is part of the recurring monthly contract.

2. Email credits expiry

2.1. Pay-As-You-Go credits are sold on a per-credit basis and do not expire.

2.2. Unused pre-paid credits are refundable, see our Refund Policy for more details on this, further down this page.

3. Dynamic package upgrades

3.1. A storage-based package gives you the ability to store up to a certain number of subscribers.

3.2. 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.

4. SMS purchasing

4.1. SMS credits are one flat rate across all networks.

4.2. Unused SMS credits are refundable, see our Refund Policy below for details.

4.3. Bounced SMS sends are charged for, so please ensure to maintain your audience and SMS database lists

Payments and Refunds

1. Payment Specific Terms

1.1. TouchBasePro works strictly on a cash-on-delivery (C.O.D) model for all new Customers and any prior Customers of TouchBasePro who have not been invoiced within six (6) months of a new service order being signed.

1.2. To qualify for a credit facility and extended payment term outside of the standard cash-on-delivery policies, a credit application needs to be submitted by the Customer, and approved by TouchBasePro, and before such facility becomes available to the Customer, a prerequisite waiting period of 3-months of uninterrupted cash-on-delivery terms will need to be adhered to.

1.3. By agreeing to TouchBasePro’s credit application process in accordance with the credit application, the Customer further consents to a credit check to ascertain the viability of a credit term being afforded to the Customer.

1.4. TouchBasePro’s standard terms agreed to upon a credit application being approved stand at payment 30 days on invoice. If payment for any invoice due in 30 days remains due for more than seven (7) days after the payment date due, all services will be halted, or access revoked until such payment has been received.

1.5. TouchBasePro reserves the right to deny access to the Customer to any of its software facilities or services rendered, should the Customer not pay within the required and specified terms between the Customer and TouchBasePro.

1.6. Any Customer who requires alternate payment terms will require permission in writing from a duly authorised signatory at TouchBasePro and will have to follow TouchBasePro’s credit application process.

1.7. TouchBasePro will under no circumstances accept any special payment terms exceeding payment 30 days from statement.

1.8. Should terms for payment 30 days from issue of a statement be agreed to by TouchBasePro in writing to the customer, an activation fee of 50% of the contracted value pertained in this agreement, or associated agreements, will be due for the first three (3) months of service, paid upfront monthly on the due date stated on the associated invoice, before any services commencing for the Customer.

1.9. TouchBasePro’s terms of payment will be set out in its invoice/s to the Customer. Should the Customer fail to pay the TouchBasePro any sum owed 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.

1.10. The payment of all monthly recurring charges shall be due irrespective of whether the customer utilises the services subscribed or duly signed for.

1.11. TouchBasePro reserves the right to enforce such terms agreed to in accordance with prevailing legislation in a court of law.

2. Refund Terms

2.1. For credit-based sales: We offer you a no-risk refund policy on prepaid credits. If you are not satisfied with our service, we will gladly refund any unused credits to your account, less any banking or transactional fees that are applied. If you would like to have your credits refunded, please send an email to our support department (support@touchbasepro.com). Please include your username, email address and the reason for wanting a refund. Please take note that refunds may take up to seven business days to be processed.

2.2. For all Services and Monthly Subscriptions: Monthly subscriptions and services completed are not refundable as they have already been heavily discounted or rendered to a Customer.

2.3. If on a monthly Subscription contract agreement (excluding long-term agreements that exceed 3-months): You can cancel your monthly subscription at any time, but please note that we require thirty calendar days’ notice of such. Any additional discount afforded to you on a contract term longer than month-to-month will be forfeited and payable.

2.4. If any bi-annual (6-month), annual (12-month) Agreement, or Agreement with a period exceeding 12 months, is cancelled or terminated before the Agreement’s end date or full period, and paid for upfront, a refund of any amount less 1 full months’ notice and 40% of the remaining Agreement value, will be paid.

2.5. Exceptions include:
– TouchBasePro may require outstanding amounts to be settled or charge a re-activation fee in the event that an account was disabled due to non-payment, untimely authorisation for payment or any other breach of this agreement.
– TouchBasePro, at its sole discretion, may immediately suspend your access to the services without refund if TouchBasePro believes that you are in contravention of its permission-based policies or the Anti-Spam Policy, this Agreement or any applicable laws. TouchBasePro is indemnified of any liability in this case.
– If these services are suspended in accordance with the above, any Pre-Paid credits or Subscription contract fees paid are forfeited and no refunds are applicable.