SaaS Service description

The dmarcian solution is designed for and by email experts to quickly and easily build DMARC compliance while providing deep insight and actionable intelligence. With dmarcian, you can monitor your email for possible threats and unknown senders, and increase your DMARC policy to prevent spoofing and phishing emails from being sent from your domain.

The Enterprise plan includes access to the following features:

  • Processing of DMARC Reports (RUF and RUA)
  • Domain Groups
  • Domain Discovery Features
  • User Access Controls
  • Unlimited Users
  • Issue Alerts
  • Reporting
  • Web Resources
  • SPF, DKIM and DMARC analysis tools
  • API
  • SSO

Interpretation

Active Domains Domains or subdomains that send DMARC capable emails.
Confidential Information Any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the Agreement. Intellectual Property owned by the Supplier (or its licensors) is the Supplier’s Confidential Information. The Data is the Client’s Confidential Information.
Data all data, content, and information owned, held, used or created by or on behalf of the Client that is stored using, or inputted into, the Services.
DMARC Capable Volume If the Services discover a source of email that is capable of sending DMARC compliant email, or if a source is identified through the Clients SPF record, that source is shown on the DMARC Capable tab. These messages will account to the DMARC Capable Volume. This is done so that no payment is asked for fraudulent email, only for legitimate traffic.
Fees the fees agreed for delivering the SaaS Service.
Force Majeure an event that is beyond the reasonable control of a party.
Inactive Domains Domains or subdomains that are not used to send (legitimate) email from.
Intellectual Property
Rights		 includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know how, and all other rights resulting from intellectual activity.
Payment Term the payment terms set out in the Key Details (if any).
Permitted User those personnel of the Client who are authorised to access and use the Services on the Client’s behalf.
Services The dmarcian SaaS Service and any related service.
Underlying Systems the software, IT solutions, used to provide the Services, including any third party solutions, systems and networks.
Year a 12 month period starting on the Start Date or the anniversary of that date.

Supplier obligations and services

General

1. The Supplier must use best efforts to provide the Services:

    1. in accordance with the Agreement and European law, including data protection legislation;
    2. exercising reasonable care, skill and diligence.

Non exclusive

2. The Supplier’s provision of the Services to the Client is non-exclusive. Nothing in the Agreement prevents the Supplier from providing the Services to any other person.

Underlying Systems

3. The Supplier is responsible for procuring all Underlying Systems reasonably required for it to provide the Services in accordance with the Agreement.

Client obligations

General use

4. The Client and its personnel must:

    1. use the Services in accordance with the Agreement solely for:
      1. the Client’s own internal business purposes; and
      2. lawful purposes.
    2. not resell or make available the Services to any third party, or otherwise commercially
      exploit the Services.

Access conditions

5. When accessing the SaaS Service, the Client and its personnel must:

    1. not impersonate another person or misrepresent authorisation to act on behalf of others or the Supplier;
    2. not attempt to undermine the security or integrity of the Underlying Systems;
    3. not use, or misuse, the SaaS Service in any way which may impair the functionality of
      the Underlying Systems or impair the ability of any other user to use the SaaS Service;
    4. not attempt to view, access or copy any material or data other than that to which the
      Client is authorised to access;
    5. neither use the SaaS Service in a manner, nor transmit, input or store any Data, that
      breaches any third party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading.

Authorisations

6. Without limiting the access conditions, no individual other than a Permitted User may access or use the SaaS Service.

7. A breach of any term of the Agreement by the Client’s personnel is deemed to be a breach of the Agreement by the Client.

8. The Client is responsible for procuring all licences, authorisations and consents required for it and its personnel to use the SaaS Service, including to use, store and input Data into, and process and distribute Data through the SaaS Service.

Data

Supplier access to Data:

9. The Client acknowledges that:

    1. the Supplier may require access to the Data to exercise its rights and perform its
      obligations under the Agreement;
    2. to the extent that this is necessary, the Supplier may authorise a member or members of its personnel to access the Data for this purpose.

Pricing and payment

Subscription

10. The Services are purchased as subscriptions.

Fees

11. The Client must pay to the Supplier the Fees according to the Payment Terms.

12. The Supplier may increase the Fees once each Year (but not the first Year) by the percentage change in the European Harmonised index of consumer prices (HICP) over the 12 months preceding the last quarterly publication of that index issued prior to the date of the notice.

13. By giving at least 90 days notice prior to the End Date, the Supplier may increase the Fees after the End Date with more than the percentage change in the European Harmonised index of consumer prices (HICP).

Invoicing and payment

14. The Supplier will provide the Client with valid tax invoices.

15. The fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. Client is responsible for the tax payment on taxable supplies under the Agreement.

16. Supplier will invoice Client annually up front.

Intellectual property

Ownership

17. Title to, and all Intellectual Property Rights in, the Services, and all Underlying Systems is and remains the property of the Supplier (and its licensors). The Client must not dispute that ownership.

18. Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains
the property of the Client. The Client grants the Supplier a worldwide, non-exclusive,
licence to use, store, copy, make available and communicate the Data for any purpose in connection with the exercise of its rights and performance of its obligations in accordance with the Agreement.

Confidentiality

Obligation of confidentiality

19. Each party must, unless it has the prior written consent of the other party:

    1. keep confidential at all times the Confidential Information of the other party;
    2. effect and maintain adequate security measures to safeguard the other party’s
      Confidential Information from unauthorised access or use; and
    3. disclose the other party’s Confidential Information to its personnel or professional
      advisors on a need to know basis only and, in that case, ensure that any personnel or
      professional advisor to whom it discloses the other party’s Confidential Information is
      aware of, and complies with, the provisions of clauses 18a and 18b.

Permitted disclosure

20. The obligation of confidentiality in clause 19 does not apply to any disclosure or use of Confidential Information:

    1. for the purpose of performing the Agreement or exercising a party’s rights under the
      Agreement;
    2. required by law;
    3. which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
    4. which was rightfully received by a party to the Agreement from a third party without
      restriction and without breach of any obligation of confidentiality.

Liability

Limitation

21. Supplier’s liability for any direct or indirect, punitive, special, consequential or exemplary damages or loss of any kind arising from the use of the Services or otherwise under or in connection with this Agreement will be limited to the amount paid for the Services in the twelve (12) months prior to the occurence of the act or omission giving rise to such claim.

22. The Client indemnifies the Supplier against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by the Supplier’s solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is objectionable, incorrect or misleading.

Termination

Duration

    1. Starts on the Start Date and ends on the End Date; but
    2. The subscription will automatically extend for additional periods equal to the expiring subscription term unless either party gives the other notice of non-extension at least 30 days before the end of the relevant subscription term.

Termination rights

24. Either party may, by notice to the other party, immediately terminate the Agreement if the
other party:

  1. breaches any material provision of the Agreement and the breach is not:
    1. remedied within 30 days of the receipt of a notice from the first party
      requiring it to remedy the breach; or
    2. capable of being remedied;
  2. becomes insolvent, liquidated or bankrupt, has an administrator, receiver,
    liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason;
  3. is unable to perform a material obligation under the Agreement for 30 days or
    more due to Force Majeure.

Suspending access

25. Without limiting any other right or remedy available to the Supplier, the Supplier may restrict or suspend the Client’s access to the SaaS Service where the Client (including any of its personnel):

    1. undermines, or attempts to undermine, the security or integrity of the SaaS Service or
      any Underlying Systems;
    2. uses, or attempts to use, the SaaS Service:
      1. for improper purposes; or
      2. in a manner, other than for normal operational purposes, that materially reduces the operational performance of the SaaS Service; or
      3. has otherwise materially breached the Agreement .

Dispute

Miscellaneous provisions

26. This Agreement prevails over all other agreements. Any amendments to this Agreement are only valid if they have been agreed by the parties in writing.

27. This agreement is exclusively governed by Dutch law.

28. The parties will exclusively submit their disputes in connection with this Agreement to the District Court of Amsterdam.

29. Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.

Do you have questions about our Terms of Service? Feel free to contact us.