• mailflatrate.com belongs to Swiss Marketing
Systems Germany GmbH. Its registered office is at Hennes-Weisweiler-Allee 12, 41179 Mönchengladbach,
Germany. mailflatrate.com operates the web-based email marketing system mailflatrate.com (hereinafter
referred to as "mailflatrate.com") at the Internet address www.mailflatrate.com
offer is aimed exclusively at entrepreneurs (§ 14 BGB) as well as legal entities under public law and
special funds under public law, but not at consumers (§ 13 BGB).
• The use of all mailflatrate.com
services is exclusively governed by these General Terms and Conditions. Other and deviating contractual
conditions of the customer are not applicable. Thus mailflatrate.com contradicts these hereby expressly.
The general terms and conditions listed here also apply to all future legal transactions. This does not
require an explicit renewed agreement. Should the user/customer be against the validity of the general
terms and conditions listed here, the user/customer must notify mailflatrate.com in writing
For the purposes of these General Terms and Conditions,
the following terms apply
• "Users" are addressees of the offer
within the meaning of point 1 paragraph 2 of these General Terms and Conditions who access the services of
mailflatrate.com; users can be those who try out mailflatrate.com free of charge, but also those who have
already concluded a purchase contract with mailflatrate.com and in this sense are not only users but also
• "Customers" are users who have registered with mailflatrate.com and can thus
use the entire range of services offered by mailflatrate.com; in the General Terms and Conditions listed
here, they are described as users for the sake of simplicity when it comes to generally valid points that
also include users without a contract. They are called customers when it comes to points for which you
have already had to conclude a paid contract.
• "Account" is the customer's user
account on mailflatrate.com;
• "Mailings" or "campaigns" are the sum of emails
sent via mailflatrate.com.
3. Test period
• After the email address has been entered for
the first time and a user name for the login and a password for the registration have been created, the
user can test the services of mailflatrate.com free of charge before starting a paid use (hereinafter
"test period"). However, mailflatrate.com is only available to the user to a limited extent at
• The registration can be cancelled at any time by pressing the "Back" button
and closing the browser window. An overview page appears before the registration is completed. This
enables the user to check the correctness of all data entered. If there is an input error, it can be
corrected by pressing the "Back" button. The contract language is exclusively German.
Finally, the order is saved by mailflatrate.com and a confirmation mail is sent to the user.
4. Conclusion of
• To be able to use mailflatrate.com to its full extent, a
contract with costs must be concluded. For registration and checkout, a predefined online form is
available in which all necessary data must be entered.
• Before the account is finally activated,
mailflatrate.com checks the user's details. mailflatrate.com reserves the right to refuse the
activation of an account for the use of mailflatrate.com without giving reasons.
• With the
activation of the account, the service contract between the parties is effective. However, this does not
mean that mailflatrate.com is obliged to perform in person. The customer receives the information about
the activation via email.
5. Services rendered by
• The dispatch of mailings via mailflatrate.com
is a chargeable service. It should therefore be pointed out at this point that mailflatrate.com does not
promise or owe its users any particular success in this connection. Nor can mailflatrate.com guarantee
that emails sent via mailflatrate.com actually reach their recipients. However, mailflatrate.com will take
every action to ensure that emails are sent by the user to the specified addressees.
mailflatrate.com guarantees an availability of 95% of the mailings in the calendar month. The following
times are not taken into account.
• mailflatrate.com provides the customer with an account after
the conclusion of a contract.
- 1. With a permanent account, the customer now has a variety of free
functions at his disposal, such as uploading or creating address lists, as well as the design and
preparation of emails for dispatch. Communication between the user/customer and mailflatrate.com takes
place online via browser, email or telephone. By telephone mailflatrate.com is attainable under +49 2161
5735502. Services and functionalities provided free of charge by mailflatrate.com are not subject to any
- 2. The dispatch of mailings via mailflatrate.com is a chargeable service. It should
therefore be pointed out at this point that mailflatrate.com does not promise or owe its users any
particular success in this connection. Nor can mailflatrate.com guarantee that emails sent via
mailflatrate.com actually reach their recipients. However, mailflatrate.com will take every action to
ensure that emails are sent by the user to the specified addressees.
• mailflatrate.com guarantees
an availability of the mailing of 95% in the calendar month. The following times are not taken into
- a) Plannable maintenance work that takes place on weekdays between 6 p.m. and midnight and
does not exceed a total duration of 12 hours quarterly. These will be communicated to the user 48 hours in
advance by email.
- b) Unscheduled maintenance work due to hardware failures or force majeure.
c) Attacks on the system by third parties
- d) Any interruptions and impairments without the fault of
• mailflatrate.com checks the campaigns on a random basis for breaches of
contract or laws. Therefore, mailflatrate.com also reserves the right to keep a copy of each mailing.
There is no obligation on the part of mailflatrate.com to review mailings for their content.
mailflatrate.com is not subject to the obligation and responsibility to operate the Internet access of the
customer and the associated data lines in the public network. An exception applies to the communication
between the servers of mailflatrate.com and the public Internet. In the event of power failures over which
mailflatrate.com has no control, mailflatrate.com will not take any responsibility.
• All services
and functions available to the customer are described in detail on the mailflatrate.com website.
mailflatrate.com reserves the right to make regular updates, improvements and additions to
mailflatrate.com as long as they are reasonable for the customer and do not interfere with the
• mailflatrate.com is entitled to have services provided by third parties.
6. Prices and payment
• The respective contractually agreed prices
shall apply. Prior to the conclusion of the contract, the customer shall be informed of the respective
costs incurred. All prices quoted are net prices plus statutory value-added tax.
• The amount will
be debited monthly or annually depending on the subscription. The invoices are available in the
customer's account (https://www.app.mailflatrate.com/customer/account/index
). The customer receives an email as soon as there is a new invoice.
• Payment is made via
third-party providers such as PayPal and Stripe (credit card payment).
7. Code of Conduct
• All users of mailflatrate.com agree to abide
by the mailflatrate.com Code of Conduct with acceptance of the General Terms and Conditions.
Non-compliance with the Code of Conduct may result in termination. The mailflatrate.com Code of Conduct is
- a) The user provides truthful information during registration
- b) Should data
change after registration and after conclusion of the contract, the user is obliged to inform
mailflatrate.com immediately or to correct this in his account.
- c) The user ensures that his user
name and password are not made accessible to third parties and that any use of the services of
mailflatrate.com under his own account by third parties is prevented.
- d) Should it nevertheless
happen that the user's account is misused by third parties, the user must immediately inform
mailflatrate.com at support [at] mailflatrate.com about this.
- e) The user may not use
mailflatrate.com for illegal or immoral purposes. The rights of third parties must also be respected here.
This means that the user ensures that content stored on his account or disseminated from his account does
not violate legal provisions for the protection of minors, general personal rights as well as other
protective rights such as trademark rights, company rights and copyrights, third party rights. Therefore,
the user is required to check every storage and dispatch of his contents (e.g. text, photography,
graphics, pictures, videos, music). Particularly with picture material and videos it is necessary that the
consent for the spreading of the material of the illustrated persons is present. Contents may not be
stored or spread without a consent of the represented persons.
- f) A storage and spreading of
material with pornographic, immoral, racist, right-wing extremist, defamatory material or material which
attacks religious beliefs is strictly forbidden.
- g) The user also undertakes to send the mailings to
recipients from whom he has the express double consent to receive (double opt-in). The user must be
clearly identifiable as the sender of an advertising mailing. In addition, it is indispensable for the
user to include a truthful and complete imprint in his mailings within the meaning of §5 paragraph 1 of
the German Telemedia Act (TMG). In addition, the user must offer his recipients a free and easily
understandable option in his mailings in order to be able to cancel the mailing in the future
- h) The user names a contact person with phone number and e-mail address to
mailflatrate.com in case of complaints or disturbances. Upon request, the user must explain to
mailflatrate.com in writing how the e-mail addresses were collected. In individual cases, the presentation
of declarations of consent by the recipients of the mailings by mailflatrate.com may also be required.
- i) The user is required to comply with the legal requirements of data protection and data security, in
particular with regard to the provisions on address trading in §§ 28 et seq. of the German Data Protection
Act. BDSG as well as §§ 11 ff. TMG. In the case of mailings that are sent abroad, the user shall ensure
that the law there is not violated.
- j) Should the user violate any of the listed points,
mailflatrate.com is entitled to temporarily block and/or delete any affected content with immediate effect
and/or temporarily or permanently exclude the user from mailflatrate.com and/or terminate the user without
notice. Even without violation, mailflatrate.com is entitled to temporarily or permanently block an
account if there are indications for an existing or threatening misuse of the account by third parties. If
damage should occur due to a violation by the user, the user must compensate the resulting damage, unless
he is not responsible for this. Furthermore, the user is obliged to indemnify mailflatrate.com from all
disadvantages that mailflatrate.com may suffer as a result of claims made by third parties due to damaging
actions for which the user is responsible. With regard to a violation of the imprint obligation,
mailflatrate.com will provide recipients of mailings with the user's name and address upon request.
8. Data protection
• All data provided by the user will be stored
of mailflatrate.com).If the user has any further
questions regarding data protection and the handling of his data stored on mailflatrate.com,
mailflatrate.com can be contacted at the e-mail address support
9. Intellectual property rights, reference lists
• Company and logo of the user may be listed in
reference lists by mailflatrate.com. In addition, mailflatrate.com is entitled to publish these on the
Internet or in print media for factual information. Any other use is not permitted. Both mailflatrate.com
and the user may publish press releases with a brief description of the cooperation.
• The contents
provided on mailflatrate.com are subject to copyright protection. Therefore, the user may not copy these
contents beyond the use granted by the right holder in individual cases and it is also forbidden to him to
edit or distribute them.
10. mailflatrate.com Warranty and Liability
• mailflatrate.com does not guarantee the
functionality of the provided systems. The user agrees with these general terms and conditions that
mailflatrate.com cannot develop a mailing service that is error-free for all application conditions.
Furthermore, no guarantee is given for the transmission and/or completeness of the transmission of
• Consequences resulting from content or dispatch are only the responsibility of the user
and in no case is mailflatrate.com responsible for consequences.
• Liability for slightly negligent
breaches of duty on the part of mailflatrate.com is excluded. An exception from this rule concerns damages
resulting from injury to life, body, health, guarantees or claims under the ProdHaftG. The liability for
breach of duties and conscientious execution of the contractual provision, which are assured to the
customer, remains unaffected. This also applies to any employees and partners of
• In case of slightly negligent breaches of duty, which are related to
contractual provisions, mailflatrate.com does not assume any liability for extraordinary consequential
11. Contract duration and termination
• The service contract is concluded for an
indefinite period. In the case of a monthly contract, the contract may be terminated by either party
within the month, but no later than 24 hours before the end of the current month. In the case of an annual
contract, notice of termination must be given at least one month before the end of the contract period,
otherwise the contract will be extended for a further year.
• The right to termination for
extraordinary reasons remains unaffected.
• Cancellations must be made electronically. The legal
simplifications to the written form, in particular those according to § 127 BGB, apply. Customers can
terminate their current contract or deactivate their account at (https://www.app.mailflatrate.com/customer/account/index
When the termination takes effect, the customer's account will be deactivated and any content still
stored there may be deleted. The customer is therefore required to make and store copies of all data
stored on mailflatrate.com. For security reasons, the account will be deactivated for 60 days and then the
account will be irrevocably deleted. Should the customer wish an earlier deletion of his account, he can
announce himself under support [at] mailflatrate.com
12. Final provisions
• The law of the Federal Republic of Germany
shall apply to the exclusion of the UN Convention on Contracts for the International Sale of
• The place of jurisdiction for all disputes arising from and in connection with contracts
concluded on the basis of these General Terms and Conditions is Mönchengladbach. For procedural requests
and lawsuits on the part of mailflatrate.com against the user, every other place is valid besides
Mönchengladbach, where a legal place of jurisdiction of the user exists.