Your contract with TheatreMail

A) INTRODUCTION

You are entering into a contract with TheatreMail.net who will provide you with an email account. The start date of this contract is the date of your first subscription fee payment.

In return for this service, you agree to pay a subscription fee of the amount and frequency that you were informed of when you signed up.

This document specifies the terms and conditions of your contract.

We will not increase your price for at least 12 months from your contract start date.

You must keep your payment details and your contact email address up-to-date; this can be done using the payment portal.

The contract is governed by & subject to English law and the parties agree to submit to jurisdiction of the courts of England or the country forming part of the United Kingdom where the subscriber is domiciled.

You are either at least 16 years of age or you confirm that you have permission of your parent or guardian to use the service.

We reserve the right to reject without reason your application to subscribe before your account has been set-up; if this happens, any payment already made will be refunded as soon as possible.

We may amend these terms & conditions in future; if so, this page will be updated to the new version. By using the service, you are agreeing to the latest version of the terms & conditions.

B) HOW TO CANCEL THIS CONTRACT

1. Within 14 days of your first payment date, you can cancel the contract with immediate effect; however, if you cancel after your account has been set-up, you will only be refunded for the period after the date that you cancel.
2. You can cancel the contract at any time with 28 days’ notice. You will have to pay for the service up to & including the end date. If the end date is not your regular monthly payment date, the final payment will be an appropriate proportion of your normal payment. The joining fee is non-refundable.
3. To cancel your contract, find the ‘Subscription created’ email, click the ‘Manage’ link & choose ‘Cancel’. If this is not possible, email mail  @  TheatreMail.net stating that you wish to cancel your contract and quoting your TheatreMail.net email address.
4. Once the contract’s end date has passed, you will not be able to access your account and all emails, attachments, files and any other data connected to your account will be deleted from our servers. You accept that we will not be able to furnish you with any of your emails or other data after your contract’s end date. You accept that your email address may be offered to other customers.

C) TERMINATION OF THIS CONTRACT BY THEATREMAIL.NET

We will cancel your contract at any time, with no refund made, in the following circumstances:

1. You have not paid a subscription payment that has fallen due
2. You have broken any of these terms and conditions
3. You have broken any of the terms and conditions of a third party who supplies a product which augments our service
4. You have used our websites &/or services for malicious, illegal, scam, spam, hacking, phishing, violent, military, impersonation or offensive purposes
5. You act whilst using the service or engaging with its staff or users in a way that is homophobic, transphobic, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, harmful to children, invasive of another’s privacy, hateful, or racially, sexually, ethnically, or otherwise objectionable
6. You have distributed viruses or any computer code, files or content designed to interrupt, destroy or limit the functionality of the service or to affect other service users
7. You disrupt or interfere with the service or the servers, networks or systems connected to the service
8. You carry out activity which is detrimental to TheatreMail.net or to legitimate use of the service by others

D) PRICE INCREASES

We will give you notice of any future price increases at least two months before the increase date, by sending an email to both your TheatreMail.net email address and your contact email address if it is correct. We cannot accept responsibility for any such email notification being delivered into a folder which you do not monitor, such as a folder designated for spam or junk messages. If you do not wish to accept the new price, you may cancel your service as described in section B. If you continue to use the service after the price change takes effect, you will be deemed to have accepted the new price.

E) PAYMENT PROCESSING

1. If your payment method issuer supplies us with updated payment details, we can use these until such time as you inform us of replacement payment details.
2. We will not be responsible for any fees, surcharges or other costs that result from a payment attempt being made and/or taken, where that payment is in line with your subscription fee.
3. You agree to us charging your chosen payment card, financial account or other payment method up to the agreed price for your service on or around the regular monthly payment date.
4. You must notify us of any billing problems or queries within 90 days of their first appearing on the relevant statement; if you don’t tell us within that timescale, you’ll lose the right to have the issue investigated and resolved.

F) USE OF THE WEBSITE

1. We may use ‘cookie’ &/or ‘web beacon’ technology. If you wish, you may be able to configure your web browser to not accept this technology from our websites; however, with some browsers it may be necessary in order to provide you with the service.
2. You do not own any intellectual or other property rights or interests in the services or content that you access. You must not use any branding, logos, designs or pictures owned by TheatreMail.net.
3. If you are using the service on behalf of someone else or an organisation, company or other entity, you agree that you have the legal authority to accept these terms on their behalf and ‘you’ refers to that person or entity.
4. Your use of the services, including content within them, is at your own risk and we do not represent, promise, or warrant that the services will be timely, uninterrupted, secure or error free.
5. We are not responsible for the content of any third-party website linked to or advertised from our web pages. Our use of such links or advertisements does not imply endorsement of the websites or advertised products. We do not endorse, guarantee, warrant or accept responsibility for any products or services purchased through advertisements on our websites.
6. Our webpages may not be copied, reproduced, distributed, transmitted, displayed, broadcast, sold, licensed or otherwise exploited for purposes not expressly authorized herein without our prior written consent.
7. You agree not to circumvent, disable or otherwise interfere with security related features of our websites.

G) GENERAL TERMS & CONDITIONS

1. We will provide you with an email service using reasonable care and skill. If you believe that we have not met this quality level, you’ll describe the issue to us and we’ll work with you to try to resolve the problem.
2. You understand and accept that data transmission over the internet and information storage technologies are not and cannot be guaranteed to be secure; we expressly disclaim any warranties, express or implied, to that effect.
3. We will use our best endeavours to support you with any relevant reported problem that you encounter using the service, however any support is given is at our discretion.
4. We may add or remove any aspect of the service, create new limits or restrictions, or temporarily or permanently suspend or stop part or all of the service.
5. If any clause or part of a clause in this contract is found to be invalid, then (i) we and you still agree to give effect to the inferred intentions of the clause and (ii) all other parts of this contract remain in effect.
6. In the unlikely event that TheatreMail.net goes out of business or is otherwise unable to continue providing a service to you, you will be given three months’ notice of the end date, your regular payments will continue during the notice period and your final payment will be proportionate to cover the period up to the end date.
7. To the maximum legally permitted extent, we and our officers, employees, agents and similarly connected parties do not make any representations, promises, or warranties, whether express or implied, about the services or support. We provide our services on the basis of “subject to availability”, “as-is” and “with all faults”.
8. We are not responsible for any liabilities arising from lost profits, revenues, business opportunities, goodwill, or anticipated savings; indirect or consequential loss; punitive damages; liabilities resulting from loss or misdirection of data; failure to save data; inability to access your account; or unauthorised access to your data.
9. Our total liability arising out of or connected with these terms is limited to the lesser of £100 or 50% of the fees that you have paid to use the services in the 12 months before the breach.
10. We shall not be held liable for (i) any unauthorised access to or use of our secure servers (ii) personal or financial information stored in our secure servers (iii) any loss or damage of any kind incurred as a result of using any content posted, transmitted, emailed or otherwise made available via our service & websites.
11. You agree to defend, indemnify, and hold harmless TheatreMail.net, its officers, employees, directors and agents, in full from any and all losses, damages, claims, demands, liabilities, costs, and expenses (including, but not limited to, loss of revenue, loss of profits and legal fees & expenses) arising out of, or in connection with, a breach by you or any user of your account of (i) these terms and conditions (ii) our privacy policy or (ii) your obligations, representation and warranties under these terms and conditions.
12. TheatreMail.net reserves all rights not expressly granted herein.
13. Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of TheatreMail.net.