Terms of Service

Please read the following Terms of Service carefully prior to signing up to BrandFu. These Terms govern the end user accessing and/or using BrandFu ("You"). BrandFu is available at www.brandfu.com (the "Website"), and is owned by Synaq (Pty) Ltd (Synaq). You will be subject to the Terms of Service in force at the time that You sign up for BrandFu. These Terms of Service should not be viewed in isolation and should be read together with information provided on the Website as well as the BrandFu Privacy Policy. You are advised to download and store all the relevant agreements including, but not limited to, these Terms of Service, at the time You sign up to BrandFu.
These Terms of Service were last revised on 01 July 2011.

  1. Sign Up

    1. Synaq owns and supplies the BrandFu products and/or services. By signing up to BrandFu, You understand that you are contracting with Synaq (Pty) Ltd ("Synaq") and BrandFu is the name of the product offered to You by Synaq.
    2. BrandFu offers: customisable email branding, including, but not limited to: email disclaimers, headers and signatures. For more information on BrandFu's faetures, refer to the feature tour.
    3. BrandFu is offered on a per User basis, You are entitled to select a subset of Users from the entire email domain for the BrandFu goods and/or services.
    4. Synaq enables you to sign up online to receive the BrandFu goods and/or services ("products"). By signing up: You understand that You are entering into an electronic transaction; You warrant that You have the legal capacity and authority to enter into such transaction and You consent to the terms set out herein.
    5. You acknowledge that You may sign up for either (i) a Free Trial Account, for a limited period for which no fees are payable or (ii) an Account for a pre-identified period which advance monthly fees are payable.
    6. You warrant that all the Personal Information provided by You during the Sign up process is true, correct and accurate. You undertake to personally update your Personal Information should any of the Personal Information, provided during the sign up process, change.
  2. Account

    1. Upon signing up for a Free Trial Account or an Account , Synaq will facilitate Your secure access to the selected Brandfu products/ services. You will be entitled to choose a Username and Password for Your relevant Account, which information You undertake to keep confidential. YOU UNDERSTAND AND ACCEPT THAT YOU WILL BE HELD RESPONSIBLE AND/OR LIABLE FOR ALL THE ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If Your Account confidentiality has been compromised, it is Your responsibility to contact BrandFu immediately, by email to admin[at]brandfu.com, and BrandFu staff will assist with the resetting of Your Username and Password.
  3. Payment

    1. You shall be billed monthly in advance for your use of the BrandFu product(s). You will be provided with a full record of the transaction (invoice) from the Synaq’s billing and payment facility supplier. You are advised to download and store a copy of the transaction record (invoice).
    2. Synaq uses 2 Checkout.com ("2CO") as its billing and payment facility supplier and thus places reliance on the security protocols affected by 2CO. Further information regarding the security protocols implemented by 2CO and their Terms of Use, Purchase Terms and Privacy Policy is available at the 2CO website, http://www.2checkout.com/.
    3. LIMITATION OF LIABILITY: YOU AGREE TO INDEMNIFY SYNAQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS AND LIABILITIES INCLUDING WITHOUT LIMITATION, YOUR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY SECURITY BREACHES WHICH ARE ATTRIBUTABLE TO: YOU, THIRD PARTIES AND/OR THE PAYMENT FACILITY SUPPLIER AND NOT ATTRIBUTABLE TO SYNAQ.
  4. Pricing

    1. Synaq undertakes to take all reasonable steps to ensure that the BrandFu Website accurately displays the correct pricing structures, fees, amounts due and surcharges payable. By paying the amounts due and owing, you will be granted access to the BrandFu product(s). All pricing information is available on the BrandFu pricing page. Prices are subject to change thus You are advised to regularly check the pricing structures of Synaq’s product offering.
  5. Accessibility for Standard Accounts (Not Free Trial Accounts)

    1. You will be granted secure access to latest version of the BrandFu product(s) upon the completion of the sign up process, effecting payment (in the case of a standard Account) and the creation of Your Relevant Account. Synaq will attempt to provide access continuously, except for scheduled maintenance, outages, upgrades and/or the like. Synaq shall provide You with prior notification of any planned interruption of access to the BrandFu product(s). Synaq undertakes to take all reasonable measures to ensure that all interruptions are conducted during off peak times. From time to time an emergency may occur whereby Synaq will be unable to give forward notice; such emergencies may include but are not limited to: security issues, virus attacks, spam issues and/or attacks, and/or other unforseen circumstances. Notification will be provided by means of email.
    2. You understand that Synaq has certain dependencies and Synaq will attempt to ensure continuous access to BrandFu, however from time to time BrandFu may be temporarily unavailable or inaccessible for reasons beyond the control of Synaq.
  6. Duration and Delivery

    1. The Terms of Service shall endure perpetually until the Brandfu service is terminated by either Synaq or You.
    2. Brandfu is delivered as a behind the scenes software product/service. Emails which are to be branded are delivered via SMTP (using SMTP Authentication) to the Brandfu Secure Outbound servers which brand the emails and deliver them to their destination.
  7. Termination

    1. You and/or Synaq are entitled to terminate an Account on the provision of written notice of cancellation. Notice may be sent by way of email to Synaq to [insert] and/or to You by way of email to the email address provided by You.
    2. Free Trial Accounts are offered for a limited period and expire 30 days from the date of sign up for the Free Trial Account unless terminated by Synaq, in Synaq’s discretion, prior to the expiry of the Free Trial.
    3. In the event of termination of an Account, Synaq shall hand over all Your data to You within 5 business days of date of termination, unless prevented from doing so by third party dependencies. Synaq shall only hand over data which has been retained on a snap-shot basis and shall only hand over data which has been captured and exists on the system at the time of handing over the data to You.
    4. You acknowledge that the Brandfu products/services is non-refundable and You will not entitled to any refunds in the event of termination of an Account prior to its expiry.
  8. Consent to Processing Personal Information

    1. By signing up to receive the BrandFu product(s) You consent and voluntarily authorise Synaq to process Your Personal Information including: Your name, email address, contact number, place of employ, physical and postal address, financial information and any other information which You provide to Synaq. This consent pertains to the provision of the BrandFu product(s) as well as for marketing and promotional purposes. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. This consent is effective immediately & will endure until Your relationship with Synaq has been terminated.
    2. You acknowledge that you have consented (opted-in) to receive Brandfu newsletters and Synaq marketing material and that You are entitled to withdraw your consent (opt-out) of receipt of such communications at any time through the unsubscribe procedures contained in the communications alternatively by sending an email to admin[at]brandfu.com.
    3. You agree and understand that in addition to being bound by these Terms of Service You are also bound by the BrandFu Privacy Policy.
  9. Confidentiality

    1. Both You and Synaq, during the course of these Terms of Service, may have access to the other party’s Confidential Information, which may include but is not limited to: trade secrets, information which is of secret or proprietary nature, contact information. You and Synaq agree that all confidential information communicated to each other in any manner will be used only for the purposes permitted by these Terms of Service and will be held in the strictest confidence. Both You and Synaq will advise all employees and, consultants, agents, and contractors, who receive any of the other party’s Confidential Information of its confidential nature. This clause will survive the expiration or termination of this Agreement for any reason and must be read together with the BrandFu Privacy Policy.
  10. Unauthorised Use

    1. You are only permitted to use BrandFu products(s) for lawful purposes. You undertake not to engage in unauthorised use of the BrandFu product(s). You agree that You will be held responsible and/or be liable for all acts and/or omissions that occur by means of Your Account, this shall include, but is not limited to, being liable for the content of Your communications which undergo the BrandFu branding process. In the event that you engage in unauthorised activity, Synaq reserves the right to de-activate Your Account and/or suspend the provision of the BrandFu product(s) pending an enquiry by Synaq. Should Synaq find Your use to be unauthorised, Synaq is entitled to terminate Your agreement immediately and Synaq may institute a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
    2. By way of example, and for the sake of clarity, You agree that the following acts shall constitute unauthorised use:
      1. Any use which is: unlawful, defamatory, objectionable, offensive, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, amounts to unlawful unsolicited commercial communications, and/or infringes the rights of third parties;
      2. Engaging in prohibited data privacy practices and/or any use which amounts in the unlawful collection and processing of Personal Information including, but not limited to, email addresses without the relevant party’s consent;
      3. Creating a false identity and/or attempting to mislead the public as to the identity of the sender and/or origin of the communication;
      4. Transmission of any data which may infringe on the intellectual property rights of third parties;
      5. Transmission of any data which contains viruses, Trojan horses, worms and/or other malicious programs;
      6. Any attempts, successful or otherwise, to gain unauthorised access to: the BrandFu systems, other BrandFu accounts, computer systems or networks connected to the BrandFu service through password mining or any other means;
      7. Engaging in any other activity that could subject Synaq to criminal and/or civil liability.
    3. Such examples of unauthorised use are by no means a comprehensive list and You may be deemed to be engaging in unauthorised activity even if such activity is not listed above.
  11. Your Responsibilities

    1. You agree to ensure that You shall secure and/or provide all the necessary equipment, software and/or connectivity requirements to enable you to utilise the BrandFu product(s). Synaq does not warrant the compatibility of the BrandFu product(s) with Your system and You are solely responsible for all the necessary: computer hardware, software, communications equipment, as well as cover the required ISP and/or telecommunications costs needed to access and/or utilise the BrandFu product(s). For the avoidance of doubt, the BrandFu product(s) exclude, without limitation: internet connectivity and support services related to internet connectivity; hardware required to access the BrandFu product(s); original email server and support related to such server; the ability to self-administer (which shall include, without limitation: adding, removing or editing) User Accounts and/or domains; the ability to integrate with an external directory service.
    2. You warrant that You are compliant with all relevant legislative requirements. You shall be responsible and/or liable for Your use of the BrandFu product(s) and it is Your responsibility to ensure that You have met and/or adhere to all legislative and/or regulatory obligations. You are also responsible to continuously monitor the legal environment as it pertains to You and make all necessary changes in the event that there is a change in the legislative landscape, such change may include but is not limited to: a law, amendment and/or regulation being enacted and/or coming into force; a change in the interpretation and/or administration of the law.
    3. It is Your responsibility to correctly manage Your BrandFu product(s), which responsibility shall include the appropriate configuration of Your email server.
  12. Interception and Monitoring

    1. Subject to the relevant laws, You agree and consent to Synaq’s right to: intercept, block, filter, read, delete, disclose and/or use all communications sent and/or posted by You to the BrandFu Website and to Synaq employees and/or agents. You agree and acknowledge that the aforementioned consent provided by You satisfies the ‘writing’ requirement detailed in the relevant pieces of legislation.
    2. You agree to adhere to these Terms of Service and act in good faith in Your relationship with Synaq. From time to time and expressly without any obligation to do so, Synaq may monitor and/or audit Your use of the BrandFu product(s) in order to ensure compliance with these Terms of Service. You, however, are solely responsible and liable for all Your conduct as well as the content of Your communication having gone through the BrandFu branding process. Synaq does not take responsibility for Your content and how You manage Your Account. Synaq undertakes to ensure the confidentiality of all information attained through intermittent monitoring and/or auditing procedures, until such information is released into the public domain.
  13. Intellectual Property

    1. BrandFu is protected by copyright and other intellectual property laws and treaties. The BrandFu product(s) contain various software and content that is the intellectual property of Synaq and/or various third parties. The software and content may not be used in violation of the intellectual property rights of Synaq and/or such third parties as applicable. Synaq retain all title, copyright, and other intellectual property rights in BrandFu. You are granted a limited licence for a limited period for the sole purpose of using the BrandFu product(s). Without limitation on the prohibitions placed You, You expressly agree not to:
      1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any BrandFu content without the prior written approval of Synaq or in the case of third party content, the owner of that content;
      2. claim or convey ownership of BrandFu content either in its entirety or otherwise;
      3. modify the BrandFu content for the purposes of reposting to other websites;
      4. alter or remove any trademark, copyright or other notice from the BrandFu content;
      5. copy or otherwise incorporate BrandFu content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
      6. frame BrandFu or any part of BrandFu.
  14. Support

    1. Synaq provides support on use of the BrandFu product(s), either by way of email or telephone Monday to Friday 8am to 5pm South African time, excluding South African Public Holidays. Synaq provides critical system support 24 x 7 x 365, with a 1 business hour response and 8 business hour resolution time on system-wide critical errors.
  15. Limited Liability of SYNAQ

    1. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USAGE OF AND RELIANCE ON THE BRANDFU PRODUCTS IS AT YOUR DISCRETION AND RISK. SYNAQ SHALL NOT BE HELD LIABLE FOR YOUR USE OF THE BRANDFU PRODUCT(S) AND YOU SHALL ADHERE TO THE NECESSARY LEGISLATIVE OR OTHERWISE REQUIRMENTS IN THE DISSEMINATION OF YOUR COMMUNICATIONS. SYNAQ DOES HAVE DEPENDENCIES ON CERTAIN THIRD PARTY AND/OR SERVICE PROVIDERS. SYNAQ SHALL ATTEMPT TO MAINTAIN THE CONTINUOUS AVAILABILITY AND ACCESSIBILITY OF THE BRANDFU PRODUCT(S), HOWEVER SYNAQ TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR THE BRANDFU PRODUCT(S) BEING TEMPORARILY UNAVAILABLE, INACCESSIBLE, INTERUPPTED AND/OR DELAYED FOR REASONS BEYOND THE CONTROL OF SYNAQ. SYNAQ SHALL NOT BE HELD LIABLE FOR THE LATE DELIVERY ALTERNATIVELY THE FAILURE TO DELIVER YOUR COMMUNICATIONS AS WELL AS THE MALFUNTION, FAILURE AND OR UNAVAILABILTY OF THE BRANDFU PRODUCTS DUE TO REASONS BEYOND THE CONTROL OF SYNAQ. SYNAQ SHALL NOT BE LIABLE FOR ERRORS IN THE BRANDFU PRODUCT(S) WHICH ARE A DIRECT AND/OR INDIRECT RESULT OF YOUR ABUSE, NEGLIGENCE, IMPROPER AND/OR INAPPRORIATE USE OF THE BRANDFU PRODUCT(S) ALTERNATIVEY YOUR FAILURE TO APPROPRIATELY EXECUTE YOUR OBLIGATIONS AND/OR RESPONSIBILITIES IN TERMS OF THE RELEVANT BRANDFU AGREEMENTS. ANY LIABILITY FOUND ON BEHALF OF SYNAQ SHALL NOT EXCEED AN AGGREGATE AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY YOU TO SYNAQ FOR THE PROVISION OF THE BRANDFU PRODUCT(S) OVER A 6 MONTH PERIOD PRIOR TO THE OCCURANCE OF THE EVENT GIVING RISE TO THE CLAIM.
  16. No Warranty

    1. The BrandFu products and services are offered on an ‘as is’ basis. BrandFu has been made available to the public as a whole and have not been tailored to individual needs. You are solely responsible for the suitability of the BrandFu products and services which You have selected. Synaq does not warrant that the BrandFu products and serviceswill be provided uninterrupted, error-free or completely secure. The BrandFu products and services are provided by Synaq and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, continuity, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. As such, Synaq makes no warranties or representations as to the accuracy of the content, information, materials and/or products and services which are provided to you, as is and as available. Synaq cannot warrant the results of using the BrandFu products and services as each client may use the BrandFu products and services for different purposes. Synaq makes no warranties in relation to the protection, security, privacy and/or confidentiality of Your data, as well as the backup, availability, continuity, compatibility, accessibility and/or storage of Your data
  17. Indemnification of SYNAQ

    1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SYNAQ, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS, LOSSES AND LIABILITIES INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERUPTIONS, LOSS OF BUSINESS, LATE DELIVERY, FAILURE TO DELIVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES OF ANY NATURE WHICH COULD HAVE BEEN AVOIDED BY THE DAMAGED PARTY EXERCISING REASONABLE DILIGENCE AND ANY REASONABLE LEGAL AND/OR ACCOUNTING FEES, RESULTING FROM,
      (i) THE ACCESS TO AND/OR USE OF THE BRANDFU PRODUCT(S),
      (ii) DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO IN RELATION TO THE BRANDFU PRODUCT(S), AND/ OR
      (iii) VIRUSES, BUGS, SOFTWARE/PROGRAM MALFUNCTIONS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR
      NETWORK CONNECTIONS. YOU FURTHER INDEMNIFY SYNAQ, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, COSTS AND/OR EXPENSES RESULTING FROM YOUR USE OF THE BRANDFU PRODUCT(S) IN A MANNER WHICH VIOLATES ANY OF THE BRANDFU AGREEMENTS.
  18. Miscellaneous Provisions

    1. From time to time and at the sole discretion of Synaq, Synaq may provide certain enhancements and/or updates, this may include but is not limited to: revisions, updates, "bug" fixes and/or corrections, further developments, extensions, improvements and/or modifications. To the extent so applicable these enhancements and/or updates shall be provided free of charge. Synaq shall take all reasonable measures to ensure that such enhancements and/or updates are implemented without the occurrence of any errors. You understand and agree that from time to time such errors may occur and should You experience problems as a result thereof You shall contact BrandFu Support at support[at]brandfu.com.
  19. General Provisions

    1. Notices: Unless otherwise specified in the relevant clause and for the avoidance of doubt; all notices which either You and/or Synaq are required to serve with regards to these Terms of Service shall be in writing. Notice sent to Synaq, shall be sent to [insert email] alternatively to Bock D, Sandhaven Office Park, Corner Katherine and Pongola Crescent. Sandton, Johannesburg. Notice sent to You shall be by way of Your email address alternatively Your physical address, which You provided during Your sign up. All notices shall be deemed served upon receipt confirmed by: personal delivery, registered post, or email. You and/or Synaq may change the address to which notices are to be delivered, by written notice in terms of this clause.
    2. Entire Agreement: These Terms of Service constitutes the entire Terms of Service between the You and Synaq with respect to the BrandFu product(s) contemplated, and supersedes any and all prior or contemporaneous oral or written representations, understandings, agreements or communications between You and Synaq concerning the subject matter hereof. Neither You nor Synaq shall rely upon any warranties, representations, assurances or inducements not expressly set forth.
    3. Amendments: All amendments or modifications of these Terms of Service shall be binding upon You and Synaq provided the amendment is in writing and signed by both You and Synaq. It is expressly understood and agreed that no usage of trade or other regular practice or method of dealing between You and Synaq shall be used to modify, interpret, supplement or alter in any manner the express terms of these Terms of Service or any part hereof.
    4. Waiver: No waiver of any provision of the Terms of Service or any rights or obligations of either You or Synaq hereunder shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
    5. Headings: The section and paragraph headings appearing in the Terms of Service are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of the Terms of Service. Such headings are not part of the Terms of Service and shall not be given any legal effect.
    6. Severability: In the event that any provision of these Terms of Service should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
    7. Assignment: These terms of Service may not be assigned by You or Synaq without the other party’s written consent.
    8. Governing Law:. The validity and interpretation of these Terms of Service will be governed by the laws of the Republic of South Africa. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding these Terms of Service that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to court and such arbitration and court proceedings shall be conducted in English in Johannesburg, South Africa.
    9. Dispute: Should any dispute so arise, You agree to the continuity of these Terms of Service until such time as the dispute is settled alternatively these Terms of Service have been terminated by You or Synaq. All disputes shall be treated confidentially.
    10. Force Majeure: In the event of a force majeure event, specifically circumstances beyond the control of You and/or Synaq, including but not limited to: acts of God, war, civil war, sabotage, acts of terrorism, government sanction, import or export relation or order, labour disputes, failure in transportation equipment, machinery or personnel or in the provision of any utility including power, or communications service, neither You nor Synaq shall not be liable for any breach hereof.
    11. Export Control Laws: You understand and agree that the BrandFu product(s) may be subject to import and export control laws and regulations. You undertake to adhere to these laws and regulations and agree not to, without prior authorisation from the relevant government directly and/or indirectly export, re-export and/or transfer the BrandFu product(s) to any other country in contravention of such laws and regulations.

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