(Integral part of the General Terms and Conditions of Tublat Ltd)
Premise
This integration (“E-Mail Integration”) constitutes an integral and substantive
part of the General Terms and Conditions of Tublat Ltd, published at https://tublat.com/legal/general-conditions (“General Terms and
Conditions”).
It specifically governs the provision, use, technical and administrative
management of the professional email service on a custom domain offered by
Tublat Ltd (hereinafter, the “E-Mail Service” or the “Service”).
For all matters not expressly regulated by this document, the General Terms and
Conditions shall apply in full.
1. Purpose of the Service
1.1. Service Description
Tublat Ltd offers the Customer a professional email
service including:
• creation and management of email mailboxes on a custom domain;
• access via standard protocols (IMAP/POP3/SMTP) and secure webmail;
• configuration of aliases, forwarding, filters, and custom folders;
• integrated antispam, antivirus, and antiphishing protection;
• multi-user management, groups, and permissions;
• administrative tools for monitoring and management;
• technical support limited to troubleshooting issues related to the
infrastructure of Tublat Ltd or authorised providers.
1.2. Technical infrastructure and third-party providers
The E-Mail Service is provided through hardware,
software and network infrastructures of third-party providers selected by
Tublat Ltd, including in white-label mode.
Tublat Ltd acts as a technical and administrative intermediary, ensuring access
to and management of the Service, but shall not be held liable for
malfunctions, interruptions or data loss resulting from such providers or
external network factors.
1.3. Accessory and non-exclusive nature
The E-Mail Service may be combined with other Tublat
Ltd services (e.g. Hosting, CDN, Certified Email), but its exclusive use is not
mandatory.
Tublat Ltd reserves the right to modify, update or suspend parts of the Service
for technical, security or regulatory compliance reasons, without such action
constituting a contractual breach.
2. Customer’s Obligations and Responsibilities
2.1. General responsibility
The Customer is solely responsible for the use of the
E-Mail Service and for any content transmitted, received, or stored.
The Customer is also responsible for compliance with applicable regulations
(privacy, copyright, commercial communications).
2.2. Prohibited conduct
It is strictly forbidden to use the Service for:
• sending spam, phishing or unauthorised commercial communications;
• spreading viruses, malware, ransomware, or malicious code;
• hacking activities, interception or unauthorised access to third-party
systems;
• distribution of offensive, discriminatory or illegal content;
• infringement of third-party intellectual property rights or trademarks.
2.3. Credential protection
The Customer undertakes to keep its access credentials
confidential and to:
• use complex passwords and update them periodically;
• enable two-factor authentication (where available);
• immediately notify Tublat Ltd of any unauthorised access;
• regularly back up its email data.
2.4. Compatibility and updates
The Customer is required to use updated and compatible
software and devices.
Tublat Ltd shall not be liable for malfunctions attributable to unsupported or
obsolete email clients or systems.
3. Limitation of Liability and Indemnification
3.1. Disclaimer of liability
Tublat Ltd shall not be liable for:
• interruptions, delays or malfunctions of the Service;
• loss, corruption or deletion of email data;
• cyber attacks or external security breaches;
• direct or indirect damages, including loss of profit or reputation.
3.2. Force majeure
Tublat Ltd shall not be liable for events of force
majeure, including network failures, blackouts, natural disasters, wars,
pandemics, cyber attacks or measures of competent authorities.
3.3. Indemnification
The Customer shall indemnify and hold Tublat Ltd
harmless from any claim, damage or sanction arising from contractual breaches
or improper use of the Service.
4. Suspension, Blocking and Audit
4.1. Service suspension
Tublat Ltd may temporarily or permanently suspend the
Service, without prior notice, in the event of:
• violation of these conditions;
• abuse or spam reports;
• security emergencies;
• orders of the competent authority or non-payment.
4.2. Blocking and deletion
In case of unlawful use or security compromise, Tublat
Ltd may block or deactivate email accounts without prior notice.
4.3. Audit and controls
Tublat Ltd reserves the right to monitor system logs
in order to ensure security and contractual compliance, in accordance with
privacy regulations and the DPA.
5. Confidentiality and Data Protection
5.1 Confidentiality obligation
Both Parties undertake not to disclose, communicate or
make available to third parties any confidential, technical, operational or
commercial information acquired during the execution of this contract,
including access credentials, system logs, configurations, correspondence and
data transmitted by email.
5.2 Duration of the confidentiality obligation
The confidentiality obligation shall remain in force
after termination of the contract and shall remain valid for a minimum period
of five (5) years, except for sensitive or proprietary information, which shall
remain confidential indefinitely.
5.3 Processing of personal data
The processing of personal data is governed by the
following documents, which form an integral part of this contract:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
5.4 Roles and responsibilities
Tublat Ltd acts, as applicable, as:
• Processor, for technical and operational data processed in the provision of
the Service (e.g., logs, traffic, metadata);
• Independent Controller, for data relating to contractual management, billing,
system security and maintenance.
The Customer remains Controller of the personal data
contained in its email mailboxes and undertakes to comply with applicable
privacy and data retention regulations.
5.5 Data security
Tublat Ltd adopts appropriate technical and
organisational measures to protect email data, including antivirus, antispam,
TLS encryption and secure authentication. However, it cannot guarantee the
complete absence of cyber risks or external attacks.
5.6 Customer’s security obligations
The Customer is responsible for the proper use of the
Service and for adopting adequate security measures (e.g. periodic password
changes, updated software, two-factor authentication).
5.7 Indemnification
The Customer shall indemnify and hold Tublat Ltd
harmless from any damage or sanction arising from legal violations,
misconfigurations or unlawful processing of personal data.
6. Service provided “as is”
6.1 “As is” provision
Tublat Ltd provides the Service “as is” and “as
available”, without warranty of continuous availability, compatibility with all
email clients or absence of technical or stylistic errors, omissions or
imperfections.
6.2 No additional warranties
Tublat Ltd does not guarantee that emails sent or
received through the Service will not be subject to delays, filtering,
rejection or flagging by external providers or blacklists.
Domain reputation and email deliverability optimisation are not included in the
basic service and may be subject to separate quotation.
6.3 Limitation of liability
Tublat Ltd shall not be liable for malfunctions,
message loss, spam, delays or errors due to:
• third-party providers,
• obsolete or unsupported client software,
• incorrect configurations by the Customer.
7. Term, Renewal and Termination
7.1. Term and automatic renewal
The Service has a one-year duration and is
automatically renewed year by year, unless written notice of termination is
given at least 45 (forty-five) days prior to expiry, through the Customer Area
or by registered letter with return receipt to Tublat Ltd’s registered address.
In case of monthly billing, the contract remains binding for 12 (twelve)
months.
In the event of early termination by the Customer for reasons not attributable
to Tublat Ltd, the Customer shall be required to pay the outstanding fees until
expiry, as well as the amount of liquidated damages provided for under Clause
10.6 of Tublat Ltd’s General Terms and Conditions, equal to 20% of the Contract
value.
The Parties expressly acknowledge that such amount represents a genuine and
reasonable pre-estimate of the economic losses that Tublat Ltd may suffer as a
result of early termination of the contractual relationship and does not
constitute a penalty under English law.
7.2. Non-payment and grace period
In case of non-payment, Tublat Ltd shall apply a grace
period of 30 days from the invoice due date.
After this deadline, the email mailbox and related data may be permanently
deleted, without any right of recovery or compensation.
7.3. Withdrawal and termination
The Customer may withdraw from the Service pursuant to
the procedures set forth under the General Terms and Conditions.
Upon termination of the Service, Tublat Ltd shall not be required to retain or
export email data.
8. Changes and Updates
8.1. Unilateral changes
Tublat Ltd may modify the technical, functional or
commercial characteristics of the Service at any time, including pricing and
storage limits, by providing notice as set forth in the General Terms and
Conditions.
8.2. Regulatory updates
Changes required for compliance with laws or
regulations shall apply automatically and shall not entitle the Customer to any
refund.
9. Third-Party Providers and White-Label Services
9.1. Use of external providers
Tublat Ltd may use third-party providers, technology
partners and platforms, including white-label solutions, for the management and
delivery of the E-Mail Service (e.g. email providers, data centres, antispam
filters, cloud infrastructures).
9.2. Limitation of liability
The Customer acknowledges that Tublat Ltd is not
responsible for any malfunctions, suspensions or deletions of services caused
by such external providers, including loss or temporary inaccessibility of
data.
9.3. No refunds or compensation
In such cases, no refund or compensation may be
requested from Tublat Ltd, which will act, if possible, as intermediary to
facilitate the resolution of the issue with the provider.
9.4. Customer indemnification
The Customer agrees not to hold Tublat Ltd liable for
damages arising from errors, interruptions or deletions attributable to third
parties.
10. Governing Law and Jurisdiction
10.1. Governing Law
This Integration is governed by English law.
10.2. Exclusive jurisdiction
Any dispute relating to the validity, interpretation or performance of this document shall be submitted to the exclusive jurisdiction of the courts of London (UK), as provided under Article 20.6 of the General Terms and Conditions.
