Terms

Terms of Service

The world needs to become aware of what you offer and we are driven to make this a reality. 

But we do need Terms of Service that protect all parties so please spend some time and read this 

agreement in its entirety to feel secure in building a synergy with us.

In order to highlight the most commonly asked questions, please see the items below:

1. At- Will - This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we. It 

is rare for SYNDUIT to ask a client to leave, but if you are not operating as a team player, breaking 

our spam policy, or performing any activity that will end up hurting our tribe we will be forced to 

turn off your account immediately.

2. Subscription - We will automatically increase your subscription price or charge your card according to our 

current price list when:

  • Your account is active on your billing date, which is displayed in your 'Account' screen
  • Your place an order for printing from our third party online printing service
  • You go over the maximum number of contacts allowed in your account
  • You go over the maximum number of campaigns allowed in your account subscription

3. Upgrading or Downgrading Services - If you decide to upgrade services during the middle of a payment 

cycle, your fee will be increased in the next payment cycle, but you will still be able to use the higher tier 

of service immediately. If you decide to downgrade during the middle of a billing cycle, your new plan 

will be reflected in the following month, but there will be no prorated refund. 


SYNDUIT Terms of Service

By signing up with SYNDUIT, you agree to the following Terms of Service.

This Agreement provides the terms and conditions governing the use of SYNDUIT’s services. You 

agree to use your SYNDUIT account in a manner that is consistent with all applicable laws and 

regulations and in accordance with the terms and conditions discussed herein.

This Agreement is between SYNDUIT (hereafter referred to as “the service provider”) and all its’ 

subscribers (hereafter referred to as “the client”). Unless the context requires otherwise, the service 

provider, and/or its’ assigns may also be referred to as “us”, “we”, or “our” and the client may be 

referred to as “you”, “your” or “subscriber.” I understand that the service provider, and/or its’ assigns 

do not guarantee, imply, or predict any type of profit or response from said services. The client 

irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and 

to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, 

expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature 

which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ 

assigns may become subject arising out of or relating in any way to the use of the services provided 

under this Agreement, including any claims that any content you provide infringes the rights of any 

third parties including, without limitation, in each case attorneys’ fees, costs and expenses actually 

incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or 

liabilities.

 

Privacy Statement

The service provider will not rent, sell, access or in any way use the client’s customer database 

information except in connection with the provision of the services or the sale, transfer, 

reorganization or merger of service provider’s business.  

 

Services

Services to be Provided: 

The service provider agrees to provide the client, directly, or through our subcontractors and 

affiliates, with marketing services.  Due to the nature of the technologies and Internet stability, the 

service provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or 

prorated refunds will be made as adjustment for any such service interruption. The client hereby 

acknowledges that changes in the nature of the services which may be offered under this Agreement 

do not constitute grounds for full or partial refund of any advance fees paid.

Service Fees:

By using SYNDUIT services, you agree to accept the fees you may incur as a result of using the 

service provider’s software, including but not limited to, fees for supplemental services or features 

and purchases made through the use of the service provider. Subject to any applicable law, fees and 

charges for SYNDUIT services are non-refundable unless the pricing terms for the applicable service 

expressly states otherwise.

This Agreement and the client’s use of SYNDUIT’s services shall become effective on the date the 

order is submitted by the client to the service provider (“Effective Date”). The Period of Performance 

of this Agreement shall commence on the Effective Date and shall automatically renew for additional 

like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may 

be amended from time to time, unless and until either party provides the other party with notice of 

termination (refer to account Cancellation instructions below) at least seven (7) days prior to any 

Renewal Period.

The service provider will continue to renew automatically unless terminated by SYNDUIT or until 

the client notifies SYNDUIT of your intent to change your service renewal. For account cancellation 

instructions refer to the CANCELLATION POLICY found in these Terms of Service.

  

Method of Payment

The client must provide a valid method of payment (credit card or other pre-arranged payment 

method) prior to and during any time the client receives SYNDUIT services. The Renewal Fees will 

be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be 

automatically debited from the client’s credit card prior to that date. Service fees for each Renewal 

Period will be invoiced thirty (30) days prior to the commencement of the Renewal Period. The client 

acknowledges and agrees that the service provider will not require any additional authorization for 

any recurring payments or automatic billing options.

Accounts are considered in default if the payment is not received within three (3) days after the 

effective date of the Renewal Period. The service provider may suspend or terminate use of the 

SYNDUIT services if the client fails to provide a valid designated payment method upon request, or 

if SYNDUIT is unable, for any reason, to bill charges to the client’s designated payment method. If 

the payment is more than five (5) days past due, the client will be liable for any fees SYNDUIT 

incurs in its efforts to collect any unpaid balances plus interest at an annual rate of twelve (12%) 

percent compounded from the due date through the date of payment.

Any billing problems or discrepancies must be brought to SYNDUIT’s attention within thirty (30) 

days from the date the client is billed. If you do not bring them to SYNDUIT’s attention within thirty 

(30) days, you agree that you waive your right to dispute such problems or discrepancies with 

SYNDUIT. If you have any billing-related questions or want to stop a recurring payment from being 

charged to your designated payment method please login to your SYNDUIT DASHBOARD and 

update your billing information in the ACCOUNT section or submit a ticket.

  

Termination

We may terminate your account:

1. If you violate the Terms Of Service Policy,  or Anti-SPAM Policy Terms;

2. If you breach any term of this Agreement;

3. If you are involved in the sales and/or distribution of the following materials: a) Cable filters; b) 

Ponzi or Pyramid Schemes; c) Sale and/or distribution of any illegal materials; or d) For any reason, 

at our sole discretion.

 

Upgrades

SYNDUIT will, at Our sole discretion, install minor upgrades/releases of the Software that are 

generally made available to other subscribers, including patches and/or fixes, as they are made 

available. Major upgrades/releases and related conversions require careful planning and data 

decisions that must be managed jointly by You and SYNDUIT, and may require the engagement of 

SYNDUIT consulting services which will be contracted via separate agreement.  Additional services 

related to conversions to major releases (e.g. data conversion, report and software customizations, 

data cleanup) are outside the scope of these Terms of Service.

 

No Warranties

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, 

WITH RESPECT TO THE SERVICE SYNDUIT, ITS SUBCONTRACTORS AND AFFILIATES 

PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF 

MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We 

shall not be liable for any damages suffered by the client, whether indirect, special, incidental, 

exemplary, or consequential, including, but not limited to, loss of data or service interruptions, 

regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. 

Your sole remedy, if any, hereunder shall be the return of any fees charged for the service during any 

periods of non-use due to the gross negligence or willful misconduct of service provider.

While we take all reasonable precautions to ensure your database is secure and protected the client 

understands and agrees that the service provider is under no obligation to export, extract, retrieve or 

“massage” the client’s database except through our EXPORT function.  You agree to back-up all of 

your data and/or content which is uploaded to the system.  We will not be responsible for any loss of 

data or content.

 

Terms

The client agrees: (1) to use our system in a manner that is ethical and in conformity with community 

standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords 

belonging to other users, nor will you modify files or represent yourself as another user unless 

explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright 

law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of 

service changes, commercial email and similar offers presented through the SYNDUIT system or via 

email.

If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will 

attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in 

the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your 

account immediately. Every effort will be made to inform you prior to account termination, and to re-

establish your account upon receiving such representations from you as we deem appropriate in the 

circumstances.

Our Anti-Spam Policy is an inherent part of our Terms of Service. As such, by submitting to the 

terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-

Spam Policy. We strictly prohibit any involvement in unsolicited commercial email (UCE) 

campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it 

direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used 

in conjunction with the services provided by the service provider, are required to be 100% opt-in lists 

(refer to SYNDUIT Anti-Spam Policy for additional terms regarding opt-in list requirements). Any 

user reported to be or caught violating these terms of service will be immediately terminated as per 

SYNDUIT’s Anti-Spam Policy.

 

Assignment

This Agreement is personal to you. You may not assign your rights under this Agreement without our 

prior written consent. If you do assign your rights, as would be the case where you allow someone 

other than you to use your account, you shall remain liable to us for any fees due under this 

Agreement. We may assign this Agreement at any time.

 

Change of Terms and Conditions

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our 

service by you after said changes constitutes acceptance of those new terms and conditions. This 

includes, but is not limited to, the right to change our subscription rates at any time. If you do not 

agree to the new terms and conditions, you may terminate this Agreement in accordance with our 

cancellation policy. For changes in subscription rates, we will always give thirty (30) days’ notice 

prior to changing subscription rates.

 

Notification of Account Changes

You agree to provide us with such other information relating to your use of this service as we deem 

necessary or desirable. You agree to notify us if your address, email address, telephone number or 

billing information changes.

 

Refund Policy

Refunds for Monthly Subscribers:

Any client subscribing to our services on a monthly basis will have their credit cards charged the full 

monthly charge for the service in advance.

Note: No refunds will be issued for service downgrades or interruptions. 

Refunds for Annual Plan Subscribers:

Any client subscribing to our services on a annual basis will have their credit cards charged the full 

annual charge for the service in advance.

Note: No refunds will be issued for service downgrades or interruptions. 

  

Cancellation Policy

We do not take cancellation requests via email or by telephone. All accounts must be cancelled by 

the primary account holder through their account. If you cancel at any time after your billing date 

there will be no prorated refund, but you will still have access to your SYNDUIT DASHBOARD 

until the day prior to the beginning of your next billing cycle. 

 

Changes to Terms of Service

SYNDUIT reserves the right to update and change the Terms of Service from time to time without 

notice. Any new features that augment or enhance the current Service, including the release of new 

tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any 

such changes shall constitute your consent to such changes.  If any changes to the terms of service 

are unacceptable to you, your only recourse is to terminate the service in accordance herewith.  You 

can review the most current version of the Terms of Service at any time 

at:http://SYNDUIT.com/terms-of-service. Violation of any of the terms below will result in the 

termination of your Account. While SYNDUIT prohibits such conduct and content on the Service, 

you understand and agree that SYNDUIT cannot be responsible for the content posted on the Service 

and you nonetheless may be exposed to such materials. You agree to use the Service at your own 

risk.

SYNDUIT reserves the right at any time and from time to time to modify or discontinue, temporarily 

or permanently, the Service (or any part thereof) with or without notice.

Prices of all services, including but not limited to monthly subscription plan fees to the Service, are 

subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting 

the changes to SYNDUIT.  SYNDUIT shall not be liable to you or to any third party for any 

modification, price change, suspension or discontinuance of the Service.

 

Account Terms

1. You must be 13 years or older to use this Service.

2. You must be a human. Accounts registered by “bots” or other automated methods are not 

permitted.

3. You must provide your legal full name, a valid email address, and any other information requested 

in order to complete the signup process.

4. Your login may only be used by one person – a single login shared by multiple people is not 

permitted.

5. You are responsible for maintaining the security of your account and password. SYNDUIT cannot 

and will not be liable for any loss or damage from your failure to comply with this security 

obligation.

6. You are responsible for all content posted and activity that occurs under your account (even when 

content is posted by others who have accounts under your account).

7. One person or legal entity may not maintain more than one account.

8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of 

the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts.

2. The Service is billed in advance on a monthly basis (and/or an annual basis) and is non-refundable. There will be no 

refunds or credits for partial months (or partial years) of service, upgrade/downgrade refunds, or refunds for months (or years)

unused with an open account. In order to treat everyone equally, no exceptions will be made.

3. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be 

responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) 

taxes.

4. For any upgrade or downgrade in plan level, the credit card you provided will automatically be 

charged the new rate on your next billing cycle.

5. Downgrading your service may cause the loss of the content, features or capacity of your account. 

SYNDUIT does not accept any liability for such loss.

6. For all SYNDUIT accounts, your account may be automatically upgraded  if your subscriber 

database exceeds the next threshold. 

  

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. A phone request to cancel your 

account is not considered cancellation.

2. All of your content will be immediately deleted from the Service upon cancellation. This 

information cannot be recovered once your account is cancelled.

3. SYNDUIT, in its sole discretion, has the right to suspend or terminate your account and refuse any 

and all current or future use of the Service, or any other SYNDUIT service, for any reason at any 

time. Such termination of the Service will result in the deactivation or deletion of your Account or 

your access to your Account, and the forfeiture and relinquishment of all content in your Account. 

SYNDUIT reserves the right to refuse service to anyone for any reason at any time.

 

 Copyright and Content Ownership

  • The client will have access to the campaigns in the SYNDUIT DASHBOARD unless certain 

campaigns have been developed for a specific audience and will continue to have access as 

long as the client continues to pay the monthly fee 

  • If the client cancels they do not have the right to use any of the previous resources that were 

gained during the time they were a SYNDUIT client.  If you continue to use any SYNDUIT 

resources or campaigns after termination of the services, you agree to pay a fee of five (5x) 

times the monthly service fee for any month during which such unauthorized use occurs as 

liquidated damages and not as a penalty. 

 

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as 

available” basis.

2. Technical support is only provided to paying account holders and is only available via ticket 

submission.

3. You understand that SYNDUIT uses third party vendors and hosting partners to provide the 

necessary hardware, software, networking, storage, and related technology required to run the 

Service.

4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply 

that it is associated with the Service, SYNDUIT, or any other SYNDUIT service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use 

of the Service, or access to the Service without the express written permission by SYNDUIT.

6. We may, but have no obligation to, remove content and Accounts containing content that we 

determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, 

pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or 

these Terms of Service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any 

SYNDUIT customer, employee, member, or officer will result in immediate account termination.

8. You understand that the technical processing and transmission of the Service, data including your 

content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) 

changes to conform and adapt to technical requirements of connecting networks or devices.

9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

10. You must not transmit any worms, viruses, malware, Trojan horses or any code of a destructive 

nature.

11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth 

usage (as determined solely by SYNDUIT) of other SYNDUIT customers, we reserve the right to 

immediately disable your account or reduce your file hosting until you can reduce your bandwidth 

consumption.

12. SYNDUIT does not warrant that (i) the service will meet your specific requirements, (ii) the 

service will be uninterrupted, timely, secure, error-free, or free from downtime  (iii) the results that 

may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any 

products, services, information, or other material purchased or obtained by you through the service 

will meet your expectations, and (v) any errors in the Service will be corrected.

13. You expressly understand and agree that SYNDUIT shall not be liable for any direct, indirect, 

incidental, special, consequential or exemplary damages, including but not limited to, damages for 

loss of profits, goodwill, use, data or other intangible losses (even if SYNDUIT has been advised of 

the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the 

cost of procurement of substitute goods and services resulting from any goods, data, information or 

services purchased or obtained or messages received or transactions entered into through or from the 

service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or 

conduct of any third party on the service; (v) or any other matter relating to the service.

14. The failure of SYNDUIT to exercise or enforce any right or provision of the Terms of Service 

shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire 

agreement between you and SYNDUIT and govern your use of the Service, super ceding any prior 

agreements between you and SYNDUIT (including, but not limited to, any prior versions of the 

Terms of Service).

15. Questions about the Terms of Service should be submitted with a ticket 

 

Rights to Work Product

Any expression or result of SYNDUIT's  services, such as findings, analyses, conclusions, opinions, 

recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces, 

enhancements, software (object code only), and other technical information (collectively "Work 

Product") created by SYNDUIT in the course of performing the services or providing the Software 

hereunder are the property of SYNDUIT and are licensed to You, without further license fees, 

pursuant to the license in this Agreement, provided, however, Work Product does not include, and 

You shall retain title to all Your content.  You shall have no right to sublicense, transfer, assign, 

convey or permit any third party to use or copy any Work Product.

 

Confidential Information

"SYNDUIT Confidential Information" means all confidential and proprietary information of 

SYNDUIT disclosed to You, whether orally or in writing, that is designated as confidential or that 

reasonably should be understood to be confidential given the nature of the information and the 

circumstances of disclosure, including (i) Software, User Documentation and the services, (ii) 

SYNDUIT’s business and marketing plans, technology and technical information, product designs 

and business processes.  Confidential Information shall not include any information that (i) is or 

becomes generally known to the public without breach of any obligation owed to SYNDUIT, (ii) 

You can demonstrate was known to You prior to its disclosure by SYNDUIT without breach of any 

obligation owed to SYNDUIT, (iii) You can demonstrate was independently developed by You 

without breach of any obligation owed to SYNDUIT , or (iv) is received from a third party without 

breach of any obligation owed to SYNDUIT.

You shall not use or disclose any SYNDUIT Confidential Information for any purpose except as 

authorized by this Agreement or with SYNDUIT's prior written permission.  You agree to protect the 

confidentiality of the SYNDUIT Confidential Information in the same manner that You protect the 

confidentiality of Your own proprietary and confidential information of like kind, but in no event 

shall you use less than reasonable care in protecting such SYNDUIT Confidential Information. If 

You are compelled by law or governmental or legislative order to disclose SYNDUIT Confidential 

Information You shall provide SYNDUIT with prior notice of such compelled disclosure (to the 

extent legally permitted) and reasonable assistance, at SYNDUIT's cost, if SYNDUIT wishes to 

contest the disclosure. If You disclose or use (or threaten to disclose or use) any SYNDUIT 

Confidential Information in breach of this Section, SYNDUIT shall have the right, in addition to any 

other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically 

acknowledged by You that any other available remedies are inadequate.

 

Usage of SYNDUIT Trademarks

Neither the SYNDUIT logo nor the SYNDUIT name may be used in any other company name, 

product name, service name, domain name, website title, publication title, or the like. This includes 

variations of SYNDUIT including but not limited to SYN-. The SYNDUIT logo must not be 

incorporated or used in any manner as part of, or in close proximity to another company’s name, 

domain name, product or service name, logo, trade dress, design, slogan, or other trademarks. Non-

SYNDUIT materials should not mimic any SYNDUIT advertising, product packaging, or website 

design.

SYNDUIT reserves the right in its sole discretion to terminate or modify permission to display the 

logo, and may request that third parties modify or delete any use of the logo that, in SYNDUIT’s sole 

judgment, does not comply with these guidelines, or might otherwise impair SYNDUIT’s rights in 

the logo. SYNDUIT further reserves the right to object to unfair uses or misuses of its trademarks or 

other violations of applicable law. For real, don’t mess with the logo or our trademarked name.

 

Order Processing

SYNDUIT will be solely responsible for processing every order placed by a customer. Customers 

who purchase products and services through SYNDUIT will be deemed to be customers of 

SYNDUIT. Prices and availability of our products and services may vary from time to time. 

SYNDUIT policies will always determine the price paid by the customer. We reserve the right to 

reject any order that does not comply with our rules.

 

No Hire, No Solicit

During the term of this Agreement and for one year after any termination of this Agreement, You 

will not, without the prior written consent of SYNDUIT, solicit or attempt to solicit, divert or hire 

away any person employed by SYNDUIT.

 

Force Majeure  

SYNDUIT shall not be liable for any failure to perform its obligations under this Agreement if 

prevented from doing so by a cause or causes beyond its control, including without limitation, acts of 

God or public enemy, failure of suppliers to perform, fire, floods, storms, epidemic or quarantine 

restrictions, earthquakes, riots or civil commotion, strikes, war, and restraints of government, freight 

or other embargoes, weather conditions or any failures by SYNDUIT's subcontractors or suppliers.

 

Arbitration

This Agreement and the rights and obligations hereunder shall be governed by and construed in 

accordance with the laws of the State of New Jersey.  You agree that any controversy or claim arising 

out of or relating in any way to the services or these Terms and Conditions  or the breach thereof 

shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in 

accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the 

arbitrator may be entered in the United States District Court for the District of New Jersey.  The 

AAA shall appoint a single neutral arbitrator.  The place of arbitration shall be within the State of 

New Jersey.  The expenses of witnesses for either side shall be paid by the party producing such 

witnesses.  All other expenses of the arbitration, including required travel and other expenses of the 

arbitrator, AAA representatives, and any witness and the cost of any proof produced at the direct 

request of the arbitrator, shall be borne by the party initiating the arbitration.  As part of the arbitral 

award, the arbitrator shall require the losing party to pay the attorneys fees and administrative cost of 

the prevailing party.  The losing party shall be solely responsible for compensating the arbitrator.  

This paragraph does not limit SYNDUIT’s right to seek injunctive relief in any state or federal court, 

including those sitting in the State of New Jersey (jurisdictional, venue and inconvenient forum 

objections to which are hereby waived by both You).