1  Usage Terms & Conditions

1.1  Email Solutions V3 is owned and managed by Techsmart Holdings Pty Ltd.   ("Email Solutions V3") provides a great collection of tools and resources to create, send, and fully manage online email marketing campaigns (“Email Marketing”) and online surveys (“Online Surveys”). The Email Marketing and Online Surveys are collectively referred to as the "Online Services". The following are the terms and conditions for use of the Online Services by the person or persons accessing this web site (the "Client"), or any other web site that has authorization to sublicense or provide the Online Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by Email Solutions V3.

1.2  PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE. BY USING THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE.

2  Online Services and Support

2.1  The Online Services are provided subject to the following terms and conditions and any operating policies that Email Solutions V3 may establish (the "Agreement"). Email Solutions V3 may make changes to this Agreement, and continued use of the Online Services constitutes Client's acceptance of any such changes. In addition, when using particular Email Solutions V3 Online Services, Client and Email Solutions V3 shall be subject to any posted guidelines or rules applicable to such Online Services that may be posted from time to time. The Agreement includes our Anti-Spam Policy posted at www.emailsolutionsv3.com 

2.2  The Online Services are available only to persons who can form legally binding contracts under applicable law. If you are using the Online Services as an employee on behalf of an employer, you must have the authorization to bind your employer by your use of the Online Services. Without limiting the foregoing, the Online Services are not available to individuals under the age of 18. If you do not qualify to use the Online Services, please do not use the Online Services.

2.3 The Online Services provide corporate web sites, small business web sites, and community sites the tools to sign up web site visitors, collect and retrieve visitor sign-up data, develop and execute simple interactive marketing communications with visitors, and obtain Clients’ feedback through the use of online surveys.

2.4  Client must complete a registration form in order to use the Online Services. Client will provide true, accurate, current, and complete information about Client as requested in the registration form, and will update the information to keep it current. As part of the registration process, Client will identify an email address and password for Client's Email Solutions V3 account. Client is responsible for maintaining the security of the Client account, passwords, and files, and for all uses of Client's account and of the Online Services in Client's name. At its sole discretion, Email Solutions V3 reserves the right to refuse registration of accounts, or cancel an existing account, that it deems to be inappropriate.

2.5  From time to time, Email Solutions V3 may amend the Agreement, in its sole discretion, by posting updated versions of the Agreement at www.emailsolutionsv3.com or by the receipt of notification of a change to the Agreement by the Client. or by notifying Client by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to

3  Restrictions and Responsibilities

3.1  This is an Agreement for Online Services, and Client is not granted a license to any software by this Agreement. Client will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Online Services or any software, documentation, or data related to the Online Services (“Web Software”); modify, translate, or create derivative works based on the Online Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Online Services or any Software; use the Online Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party unless specifically authorized by Email Solutions V3; or remove any proprietary notices or labels.

3.2  Client represents, covenants, and warrants that Client will use the Online Services only in compliance with Email Solutions V3's Privacy Statement and Anti-Spam Policy as published at www.emailsolutionsv3.com  or otherwise furnished to Client and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws).

3.3  Client may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email or surveys to any third party. Client may only use permission based lists. A permission based list is defined as a list in which each entity on the list is a person or organization that has explicitly granted their permission to receive emails, surveys or other communications from Client. The agreement of a person or entity to participate in a survey does not constitute a valid consent to receive correspondence from Client to such person or entity. Consent to receive correspondence from Client shall be obtained through an opt-in link contained within the body of the survey. Client is solely responsible for ensuring that its email campaigns do not generate a number of spam complaints in excess of industry norms. Email Solutions V3, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Email Solutions V3 may terminate Client's use of the Online Services if Email Solutions V3 determines that the level of spam complaints is higher than industry norms.

3.4  Client agrees that each email sent by Client in connection with the Online Services shall contain the Email Solutions V3 "unsubscribe" link that allows a recipient to remove themselves from Client's mailing list. Client is prohibited from mailing to any recipient who has clicked on the unsubscribe link. Client shall process all unsubscribe requests within ten (7) days of request by a Client's email recipient. Failure to comply with this requirement may result in a termination of Client's account by Email Solutions V3, and all payments previously paid to Email Solutions V3 shall be forfeited by Client at the time of termination.

3.5  Client agrees that each email sent by Client in connection with the Online Services shall contain a link to the then current Privacy Statement, unless Client has obtained specific authorization from Email Solutions V3 to remove such link. Failure to comply with this requirement may result in a termination of Client's account by Email Solutions V3.

3.6  Subject to the posted terms and conditions, Client may upload images hosted by Email Solutions V3 into their email campaigns, and within the body of surveys. Any images hosted by Email Solutions V3 are only to be used in conjunction with the Online Services, and Client is expressly prohibited from using the images for any other purpose.

3.6.1 Client is prohibited from using images within an email or survey campaign to:

3.6.1.1   Sublicense, distribute, transfer or assign any images in connection with any other product except for a Email Solutions V3 email;

3.6.1.2    Reverse engineer, decompile, translate or dissemble any part of the Images;

3.6.1.3    Remove any copyright notices, trademarks or watermarks from any place where it appears on the Images;

3.6.1.4    Use the Images as part of another trademark, service mark or logo;

3.6.1.5    Use the Images in any way that could be considered by a reasonable person to be defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to them, in the juxtaposition to accompanying text or images or otherwise;

3.6.1.6    Use the Images in a manner that includes people as part of any sensitive subject matter, which shall be determined by Email Solutions V3 in its sole discretion. Example of sensitive subject matters include, but are not limited to, mental and physical health issues, sexual activity or preferences, substance abuse, guns and weapons, crime, suicide, abortion, hate groups, political or religious fanaticism, etc.

3.7  For every email message sent or survey launched in connection with the Online Services, Client acknowledges and agrees that the Online Services shall automatically add an identifying footer stating "Powered by Email Solutions V3" logo or a similar message, unless Client has obtained specific authorization from Email Solutions V3 to remove such identifying footer.

3.8  In using the varied features of the Online Services, Client may provide information (such as name, contact information, or other registration information relating to either the Client or Client's employer) to Email Solutions V3. Email Solutions V3 may use this information and any technical information about Client's use of this web site to tailor its presentations to Client, facilitate Client's movement through this web site, or communicate separately with Client. If Client accessed the Online Services through a partner of Email Solutions V3, all Client information obtained by such partner may be shared with Email Solutions V3. Email Solutions V3 may also share any Client information with such partners. Email Solutions V3 will not provide information to companies Client has not authorized, and Email Solutions V3 will not permit the companies that get such information to sell and redistribute it without Client's prior consent.

3.9  Client hereby agrees to indemnify and hold harmless Email Solutions V3 and its business partners, third party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that arises in any way from (a) an alleged violation of the Agreement or (b) Client's use of the Online Services. Although Email Solutions V3 has no obligation to monitor the content provided by Client or Client's use of the Online Services, Email Solutions V3 may do so and may remove any such content or prohibit any use of the Online Services it believes may be (or alleged to be) in violation of the Agreement.

3.10  Client shall not use the Online Services in any manner (including, without limitation, the transmission of third party content or information) that may violate or infringe upon any rights of a third party. Client shall be subject to the indemnification provisions in this Agreement if Client's use of the Online Services violates or infringes upon such rights.

3.11  Client shall be solely responsible for securely maintaining its user name, password and other account information. Email Solutions V3 may follow the instructions of any person who represents he is authorized by the Client to use or make any changes to the account, provided such person delivers the correct user name and password. Email Solutions V3 shall have no liability to Client for any unauthorized use of Client's account or the Online Services provided hereunder.

4  Termination

4.1   Client may terminate this Agreement at any time by sending an email message to admin@emailsolutionsv3.com or by sending written notice to, Email Solutions V3, Techsmart Holdings Pty Ltd at 3 Limerick Court Roxburgh Park Vic. 3064 Australia.

4.2   Email Solutions V3 may terminate this Agreement or the Online Services at any time with or without cause, and with or without notice. Email Solutions V3 shall have no liability to Client or any third party because of such termination. Upon termination by either party, no payments from Client held by Email Solutions V3 shall be refunded at the time of termination and Client shall have no recourse against Email Solutions V3 in relation to non-refunded funds, unused email credits or unused responses remaining (or time left) related to survey or email subscriptions.

4.3   Upon termination for any or no reason, Email Solutions V3 may delete any Client archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, indemnity, warranty disclaimers and limitations of liability.  Additional fees may apply to Clients who choose to terminate their subscription pricing packages and subsequently choose to reactivate their account under a new subscription pricing plan.

4.4   At any time after the date of commencement of the Online Services by Client, if Client has neither sent an email under a monthly pricing package (“Monthly Package”) for more than thirty (30) consecutive days, the account may become inactive. A Client who is on a subscription pricing package will be deemed to be inactive when the end of their subscription period has lapsed and no further payments are remitted to Email Solutions V3 to continue the Online Services.  When an account is classified (at Email Solutions V3's sole discretion) as inactive, Email Solutions V3 will use reasonable efforts to notify Client by email. An account will remain active when a minimum monthly package amount is chosen and is paid regularly.  INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS AND SURVEY RESPONSES, MAY BE PERMANENTLY REMOVED FROM THE EMAIL SOLUTIONS V3 DATABASE.

5  Free Trial and Payment Terms

5.1   Certain Clients shall be entitled to use the Online Services on a trial basis as specified on the web site when Client initially agrees to the use of the Online Services. A Client who uses the Online Services on a free trial basis shall be bound by the Agreement. Client shall have a finite time period to use the Online Services on a trial basis. Client shall not exceed set limits for free email credits in the applicable month related to the Email Marketing or free survey responses related to the Online Surveys. Once the trial period has expired, or the number of free email credits has been depleted related to the Email Marketing, or the number of free responses has been exceeded related to the Online Surveys, as applicable, Client shall be subject to the payment terms outlined in this section and shall pay for the Online Services according to the email subscription packages.

5.2   After the trial period has expired for email credits, Client may choose to purchase the Email Marketing a subscription pricing package (“Email Subscription Package”).   

5.3   The Email Subscription Package offers a Client the Email Marketing based on the number of emails sent per month.

5.4   Email Marketing Clients may elect to switch from their original chosen pricing package (Email Subscription Package) to the other pricing package at any time. The Email Marketing must be paid in advance prior to Client’s usage of the Email Marketing.

5.5   The Online Surveys using the email credits available in the monthly package but an additional survey setup fee applies.

5.6   The Online Services must be paid in advance prior to Client’s usage of such Online Services. Access to the Online Services shall be enabled once Client remits payment. Access to the Online Services shall be disabled should Client become delinquent in paying the monthly subscription fees if Client is purchasing Email Marketing or Online Surveys on a subscription pricing package. If Client is on a monthly subscription package, Client’s credit card will be charged on the first day of each subsequent month following the initial month of subscription. If Email Solutions V3 modifies its pricing structure, Email Solutions V3 will use reasonable efforts to notify Client prior to automatically renewing a monthly package.

5.7   The price list for the Online Services is posted on our Web site at www.emailsolutionsv3.com.  Prices may change at any time at Email Solutions V3's sole discretion. Client is responsible for understanding what current prices are in effect at all times. Email Solutions V3 will use reasonable efforts to notify Client of any changes to the price list prior to such changes taking effect.

5.8   Payment for Online Services shall be paid with any valid credit card that is accepted by Email Solutions V3. All payments shall be made in U.S. dollars unless Client chooses to pay in a different currency. Client authorizes Email Solutions V3 to keep Client credit card or Client bank account information on file and charge such credit card or debit such bank account for the continuing usage of existing Online Services or the future usage of the Online Services. Client's account will be disabled if Email Solutions V3 is unable to charge Client's credit card for Online Services rendered or future Online Services purchased. Email Solutions V3 will attempt to notify Client of our intent to suspend access to the Online Services prior to such suspension taking effect.

6  Prohibited Content

6.1  Email Solutions V3 prohibits Clients from sending email messages with content that is of the following nature:

6.1.1  Messages that are in any way illegal such as sales of illegal substances, solicitation of escort Online Services, or sales of any products or Online Services that cannot be legally sold by Client;

6.1.2  Pornographic messages;

6.1.3  Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that Email Solutions V3, at its sole discretion, may deem to be offensive;

6.1.4  Includes images that are not expressly authorized by either Email Solutions V3 or the owner of such images;

6.1.5  Introduces any computer viruses, worms or software code that is detrimental to Client's recipients;

6.1.6  Any messages that includes spam mentioned at Anti-Spam Policy at www.emailsolutionsv3.com; or

6.1.7  Any messages that are in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

7  Warranty Disclaimer 

CLIENT USES THE ONLINE SERVICES AT ITS OWN RISK. EMAIL SOLUTIONS V3 DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE SERVICES. THE ONLINE SERVICES ARE PROVIDED "AS IS" AND EMAIL SOLUTIONS V3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8  Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY EMAIL SOLUTIONS V3, EMAIL SOLUTIONS V3 AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), DIRECTORS, OFFICERS, AFFILIATES, INSURERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EMAIL SOLUTIONS V3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR FRAUD OR WILFUL MISCONDUCT, EMAIL SOLUTIONS V3'S AGGREGATE LIABILITY TO CLIENT FOR ANY CLAIMS OF ANY TYPE OR NATURE HEREUNDER SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT PAID BY CLIENT TO EMAIL SOLUTIONS V3 DURING THE TWELVE MONTHS PRIOR TO SUCH CLAIM.

9  Miscellaneous

9.1  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

9.2  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

9.3  No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Client does not have any authority of any kind to bind Email Solutions V3 in any respect whatsoever.

9.4  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney's fees, in addition to all other damages provided by applicable law.

9.5  This Agreement shall be governed by the laws of Victoria in Australia without regard to its conflict of laws provisions.

9.6  We reserve the right to modify our pricing and we will use reasonable efforts to notify you by email when this occurs. Our most current pricing will always be available on our website at www.emailsolutionsv3.com .