Terms of Service
Terms of Service
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Emailpulse Limited trading as RevTap to perform certain Services – these services falls under product module Spin by RevTap (the “Services”). This is a legally binding agreement between you and RevTap. By becoming a RevTap Client, you agree to be legally bound by the terms and conditions set out in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to RevTap.
RevTap will provide the Services to the Client based on the service plan (Spin plans: Spin Starter, Spin Pro, Spin Plus) chosen by the client.
2. OUR OBLIGATIONS
2.1 RevTap will provide the Services to the Client in accordance with RevTap`s standard policies and procedures. RevTap reserves the right to reject the Client for any reason in RevTap`s sole discretion. RevTap will be responsible for all aspects of providing the Services.
2.2 All RevTap rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and RevTap may change its rules, policies and operating procedures from time to time at its sole discretion.
3. FEES AND PAYMENT
3.1 All fees for Services provided to the Client are due and payable in full, monthly in advance of the provision of the Services. A valid credit or debit card for a monthly payment of fees shall remain securely on Stripe (our payment provider) to cover recurring charges for service.
3.2 Initial charges for the Service will be paid in advance of provision of the Services. RevTap will then charge the Client’s credit or debit card once every calendar month, following the first order date. From the date of your first payment, there will be approximately 14 days before your plan commences. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. The client must give 30 days written notice to terminate any Services.
3.3 Except in the case of a material breach of this agreement by Spin by RevTap, Spin by RevTap does not issue refunds of any fees for any reason.
The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to RevTap and continue for indefinitely with three months minimum term. Either Party may terminate this Agreement for any reason with 30 days written notice to the other Party.
5. Expenses and Reimbursement
- Facebook Advertisement Cost: Client pays Facebook Advertisement cost directly to Facebook (billed by Facebook).
- Google Advertisement Cost: Client pays Facebook Advertisement cost directly to Facebook (billed by Facebook).
- Marketing Tools: Client pays directly to relevant companies for any marketing tools used.
The RevTap will be reimbursed from time to time for reasonable and necessary expenses incurred by the RevTap in connection with providing the services. All expenses must be pre-approved by the client.
6. WARRANTY DISCLAIMERS
RevTap expressly disclaims any and all warranties regarding or related to this agreement, the Services or any materials or assistance provided to the Client, express or implied, including without limitation the warranties or merchantability, course of performance or dealing, trade practice, title, no-infringement, and fitness for particular purpose.
The Client will indemnify and hold harmless RevTap and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable solicitors fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.
8. LIMITATION OF LIABILITY
RevTap shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if RevTap has been advised of the possibility of such damages. under no circumstances shall RevTap’s liability to the client hereunder exceed the amount paid to RevTap by the client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The client acknowledges that these limitations of liability are an essential element of the agreement between the parties and in their absence the terms and conditions of this agreement would be substantially different.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in RevTap’s sole discretion. Email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without RevTap`s prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.