PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.
This is a legal agreement between QuixTec, LLC. and you (the Customer). Services that will be provided to you, engagement processes and other aspects of our business collaboration are described here.
You agree to the terms by engaging with us such as, but not limited to, subscription services, consulting services and training services. The trial period is included under this agreement. Periodically, the terms are updated. Users, with an active account, will be notified when a change occurs.
All information you provide to QuixTec, LLC, verbally or written is protected confidential information. Some examples of protected confidential information is:
- Your company data and Employee Information
- Customer/Contact Data
- Technical Information
- Marketing Roadmaps
- Business Plans
- Order Information
Confidentiality does not exist if the information is or can be known to the public or was previously known by QuixTec, LLC. prior to your use of our services.
QuixTec, LLC Customer and Contact Confidentiality Statement
Confidentiality and protection of our client’s data is of upmost importance at QuixTec, LLC. Our clients have a right to inquire, at any time, into how their information and their customers contact information is protected. We make the following data privacy statement for your records.
QuixTec, LLC, its officers, employees, and business affiliates, including independent contractors, vendors, and service providers, will not disclose, resell, rent, or lease the Mautic Contact and Company data to third parties, except as necessary in our sole discretion to fulfill the services as part of the agreement(s) with the customer.
QuixTec, LLC strives to maintain all customer data secure at all times. If you have questions or want to understand our policy please feel free to contact us at (425) 367-9025 or email@example.com .
You, the Customer, agree that ownership of Personal Identifiable Information (PII) belongs ultimately to the individual it identifies and you agree to protect the confidentiality of all PII from inappropriate access, use and disclosure. QuixTec, LLC is not responsible for PII that the customer does not keep confidential.
Examples of PII include, but are not limited to:
- Name, such as full name, maiden name, mother‘s maiden name, or alias
- Personal identification number, such as social security number (SSN), passport number, driver’s license number, taxpayer identification number, or financial account or credit card number
- Address information, such as street address or email address
- Personal characteristics, including photographic image (especially of face or other identifying characteristic), fingerprints, handwriting, or other biometric data (e.g., retina scan, voice signature, facial geometry)
- Information about an individual that is linked or linkable to one of the above (e.g., date of birth, place of birth, race, religion, weight, activities, geographical indicators, employment information, medical information, education information, financial information).
Please visit the National Institute of Standards and Technology / U.S. Dept. of Commerce document https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=904990 for more information about protecting the confidentiality of PII.
Access: We provide you access to use our subscription services as described on our website and through mutual written agreement. Services are month-to-month. We may provide free or discounted services at any time such as holiday discounts and service from third party providers for example.
30-Day trials include all marketing automation features just like all our other plans, however, you are limited to 1,000 contacts. You are responsible for remaining within 1,000 contacts or the plan will automatically revert to a paid plan and you will be invoiced. Please keep your contacts below 1,000 contacts during the trial period to ensure that it remains free.
Additional Features: At any time, you may subscribe to additional services, not included under your regular monthly subscription, by contacting us by phone or email. (425) 367-9025 or firstname.lastname@example.org . Some services may not be described on the website.
Consulting Services: These are additional services we provide to help increase the success of your marketing. If the service is a monthly service, it will become part of your subscription and automatically charged monthly automatically with subscription access. Consulting Services that are quoted ahead of time will be paid in advance and will not become part of your subscription. Consulting Services are determined by the number of hours times the applicable hourly rate. Some consulting service examples are:
- Market Strategy & Planning
- Campaign Building
- Content Writing
- Template Customization
- Training and Orientation
- Social Media Marketing
- Developing API’s to interface with other systems
Consulting Service Delivery: Consulting services will be delivered within the time frame outlined in the written and signed proposal. The delivery execution can be changed by either party in writing. If a service is cancelled prior to completion, we will refund any unused portion or it can be applied to other services.
Contact Limitations: Subscription costs are based upon the number of contacts uploaded into your Mautic application. We periodically monitor the size of your database and will automatically invoice you for the cost of the next subscription level. For instance, 30 day free trials are limited to 1,000 contacts. If you exceed 1,000 contacts you will automatically be invoiced for the plan matching the number of contacts loaded. We prefer to work with you in a civil manner and rather that abruptly shutting down your service will reach out to you and notify you when you have exceeded the terms of your plan. Refer to https://www.quixtec.us/marketing-automation-pricing/ for contact limits for each subscription level:
Startup Lite, Startup, Intermediate and Advanced
Special Pricing: Please contact us for lists with contact numbers exceeding our published plans.
Email Forms: You agree to follow all CAN-SPAM act regulations regarding email marketing. The regulations can be found at https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business. We are not responsible for your failure to adhere to CAN-SPAM regulations and any fines imposed against you under the act.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $42,530, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
- Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
- Don’t use deceptive subject lines.The subject line must accurately reflect the content of the message.
- Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
- Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
- Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
- Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
- Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
Email Sender Reputation: Your email provider tracks invalid emails that bounce. If the percentage of bounces or complaints hits a percentage threshold, causing an alert status, your domain will gain a poor reputation and the account provider may pause your ability to send email. You want to avoid this scenario. Pre-validating emails will ensure that your bounce percentage remains below the threshold. QuixTec is not responsible for maintaining the email send reputation for your account unless we have been contracted to manage your email marketing campaigns. In this case we will run your emails through the validation platform where you hold an account before loading the list of contacts. Amazon SES information can be found here https://docs.aws.amazon.com/ses/latest/DeveloperGuide/monitor-sender-reputation.html.
Email Validation: We require an email validation service for all purchased U.S. based contact lists. (Non U.S. Contacts are not allowed on our platform.). Also, if you have an older contact list we request that it be validated before use. For contact lists transferred from another platform we can be flexible and allow validation to be skipped if the list is current active contacts. Otherwise, you agree to validate every email that is uploaded to your Mautic instance. Failure to validate your emails before uploading them to Mautic may result in immediate suspension of services. Please reach out to us at email@example.com to learn more about email validation services.
Payments: We automatically bill every 30 days for the services you are using. Our billing department will contact you prior to suspending service, if a payment fails, to avoid delays in your marketing processes. Failure to respond to this notification within 48 hours will result in suspended services unless other written arrangements have been made in advance. We are not responsible for negative impacts to marketing efforts, such as ongoing nurture campaigns due to billing issues. Our goal is to help you succeed as much as possible. We will make every attempt to resolve payments issues expeditiously.
Purchased Contact Lists: QuixTec, LLC only allows U.S. based contact lists. Non-U.S. Contacts are not allowed! You are only allowed to upload contact lists that have first been validated. See Email Validation. Validating will remove invalid emails and other emails that would negatively impact your reputation with your email provider. Validating contact lists protects your domain reputation and builds trust with clients. You can check with your email provider at any time to monitor and to check your reputation.
Subscription or Subscription Services: You have access to our services via a monthly or annual subscription period after it has been paid. Our system automatically invoices you. Setting up your service can take 2 to 4 days depending upon the size of your contact list. You have a right to cancel at any time.
Contact Us: Contact us by email at firstname.lastname@example.org or via phone at (425) 367-9025 if you have questions. We are happy to assist you with your marketing challenges.
Testimonials: Since our services are full-featured even with our lowest-cost plan, we would welcome your testimonial about the superior service you receive for the cost. New clients will be suspicious of our low offers and your testimonial will help them overcome hesitation from a deal that is too good to be true. Please share your experience with us so that we can continually improve and so that new customers can sign up with greater peace of mind.
If you have any questions about our support or services please contact us at (425) 367-9025 or email email@example.com
Full-Featured Marketing and OnBoarding:
QuixTec’s team of marketing experts have years of experience building successful campaigns. They are available to help you plan your marketing visions and goals. Technical and marketing assistance is billed on a low-cost hourly basis. If you want to get the most out of your marketing efforts please consult our professionals and take advantage of their many years of experience. Learning how to put all the features we provide can be overwhelming but once we’ve guided you through the learning curve, you’ll be driving up the leads and getting involved in more sales opportunities.
Welcome aboard! We’re all excited to have you aboard!