General Terms & Conditions / DPA

We’ve kept these terms as clear and short as possible. They explain how we work together, your responsibilities, and ours. If anything is unclear, please reach out — we’ll be happy to explain.

These terms apply to all services provided by Remails B.V., Heresingel 19, 9711 ER Groningen, Netherlands (KvK 89044819)

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1. Key Definitions

• Agreement – The contract between you (Client) and us, including these Terms.  
• Business Hours – 08:30–17:00 CE(S)T, Mon–Fri (Dutch public holidays excluded).  
• Service – Our email delivery platform and related services.  
• SLA – Service Level Agreement (if agreed).  
• Users – People in your organisation using the Service.  
• Written – Includes verified email.

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2. Agreement & Priority

We start when you accept our offer and we confirm it.  
Your terms don’t apply unless agreed in writing.

Priority:  
1. Special agreements  
2. Agreement  
3. These Terms (incl. Section 17 – DPA)  
4. SLA  
5. Appendices

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3. Service Delivery

We provide the Service as agreed. Timelines are estimates unless stated otherwise.  
We choose the technical setup and may use trusted third parties.

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4. Free Plan

We offer a free plan with a quota of 3,000 emails per month.  
It has no uptime or performance guarantees The free plan is best-effort only — no uptime or performance guarantees, and it may change or end at any time.

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5. Fair Use

Use the Service lawfully — no spam, malware, rights violations, or system abuse.  
You’re responsible for your Users.  
We may suspend for misuse and will notify you when possible.

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6. Accounts & Secrity

Keep logins safe. Tell us immediately if compromised.

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7. Uptime, Maintenance & Backups

Best-effort uptime unless SLA applies.  
Planned maintenance is outside Business Hours when possible; urgent fixes anytime.  
Daily backups (7-day retention) for continuity — keep your own copies too.

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8. Pricing & Payment

All prices are in EUR, excluding VAT.
Billed monthly in advance, due in 30 days.  
We may adjust annually for inflation/costs with 1 month’s notice.  
Late payment may mean suspension, interest, and collection costs.

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9. Confidentiality

We’ll both protect each other’s non-public information and share only when needed or legally required.  
Return or delete on request unless law requires retention.
Unless you object, we may show your name and logo on our website.
These obligations survive termination.

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10. Liability

Our liability is limited to direct damages, up to a maximum of 3 months’ fees.
Direct damages = reasonable costs to:  
- Find the cause  
- Fix the issue  
- Prevent repeat incidents  

No liability for indirect loss unless caused intentionally or by gross negligence.

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11. Force Majeure

No liability for events beyond our control (e.g., outages, cyber-attacks, disasters).  
If >3 months, either party may end the Agreement.

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12. Ending

Ongoing until 1 month’s notice by either party.  
Immediate end if you go bankrupt, are insolvent, or stop business.  
Clauses on confidentiality, liability, and payment survive termination.

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13. Changes

We can update these Terms with 1 month’s notice.  
You can object within 14 days; if unresolved, you can end the Agreement.  
We may make small legal or operational updates at any time to keep things accurate and compliant.

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14. Law

Agreements are indefinite unless stated otherwise.
Either Party may terminate with 1 month’s notice.
We may terminate immediately if the Client is insolvent or ceases business.
Obligations that should survive termination remain in force.

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15. Data Processing Agreement (DPA)

We act as Processor; you are Controller under GDPR.

15.1. Processing

We process Personal Data only to provide the Service and as listed in Appendix 15A.  
We follow your lawful instructions, keep data confidential, and apply the measures in Appendix 15C.

15.2. Sub-Processors

Only use approved sub-processors (Appendix 15B).  
We’ll notify you of changes; you can object within 14 days if you have valid privacy concerns.

15.3. International Transfers

Only outside the EEA with GDPR safeguards (adequacy decision or standard clauses).

15.4. Security

We maintain measures appropriate to risks, current best practices, and reasonable costs (Appendix 15C).

15.5. Breaches

We’ll notify you quickly of confirmed breaches with key facts and mitigation steps.  
You handle regulator/individual notices unless agreed otherwise.

15.6. Data Subject Requests

We’ll forward any request we get and help you respond if needed (reasonable costs may apply).

15.7. Audits

You may audit us once a year (more if required by law) with 4 weeks’ notice, using an independent auditor bound by confidentiality.  
You cover audit costs; we cover fixes.

15.8. End of Processing

On termination, we’ll return or securely delete Personal Data unless law requires retention.

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Appendix 15A – Data & Data Subjects

• Subjects: Your employees; your customers
• ‍Data: Names, emails, phone numbers (employees); other personal data in email content

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Appendix 15B – Approved Sub-Processors

• Scaleway SAS – Hosting
• TweedeGolf BV – Infrastructure & Development

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Appendix 15C – Security Measures

• Technical: Redundant platform; daily encrypted off-site backups (7 days); dedicated outbound IPs; encryption in transit; infrastructure as code; monitoring.
• Organisational: Security-trained staff; confidentiality agreements; certificates of conduct; strong passwords (20+ chars) + 2FA; full-disk encryption; no portable media.