Vanilla Media General Terms of Service

Vanilla Media agrees to provide services to its Customers, subject to the following Terms of Service. Use of Vanilla Media’s service constitutes acceptance of, and agreement to, Vanilla Media’s Terms and Conditions. Vanilla Media reserves the right to modify the Terms and Conditions without notice.

Use of Services

Customers may engage Vanilla Media’s services, provided that the Customer is of legal age to form a binding contract, and is not barred from receiving such services under the law. In order to access the services offered by Vanilla Media, the Customer is required to provide current and factual identification, contact, and other information as part of the registration process. The Customer is responsible for the confidentiality of their account information, and for all activities that occur under that account. The Customer is solely responsible for all content within their account. The customer agrees to immediately notify Vanilla Media of any unauthorised use of their account, or any other breach of security. Vanilla Media will not be liable for any loss or damage as a result of the Customer’s failure to provide Vanilla Media with accurate information or to keep their account secure.

Acceptable Conduct

The Customer is responsible for the actions of all users of their account and any data that is created, stored, displayed by, or transmitted by that account while using Vanilla Media’s services. The Customer will not engage in any activity that interferes with or disrupts Vanilla Media’s services or networks connected to Vanilla Media.

Spam and Unsolicited Bulk Email (UBE)

Vanilla Media has a zero-tolerance policy on spam, junk e-mail or UBE. Spam, junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of Vanilla Media, whether or not the message actually originated from Vanilla Media’s network.

Other Activities viewed as Illegal or Harmful

The Customer agrees that they will not engage in illegal activities, or engage in activities harmful to the operations of Vanilla Media or Vanilla Media’s customers. Vanilla Media will not be held accountable if a customer provides false data on any contract or application, including fraudulent credit card numbers.

Invoicing and Payment

Vanilla Media will provide an invoice for any one off service, or ad hoc charges, to be paid by the indicated due date. Any service provided by Vanilla Media involving monthly recurring charges, (such as monthly website hosting, SEO, Ads Management, Website Careplan) must be paid via ezy debit direct debit. 

The Customer agrees that Vanilla Media or other payment processing companies shall be permitted to charge/debit the Customer’s credit card/ bank account on a monthly, annual, or other agreed upon basis in advance of providing services.

Payment is due upon invoicing. Service may be interrupted, suspended, or cancelled on accounts that are past due. Accounts that are not collectable by Vanilla Media may be turned over to an outside collection agency for collection. Vanilla Media is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Vanilla Media.

Support Boundaries

Vanilla Media provides technical support to our Customers during business hours, and within limits set by individual contracts dependent upon agreed service level.

Account Cancellation or Suspension

Vanilla Media reserves the right to suspend access to any Customer account if, in the judgment of Vanilla Media, the Customer’s account is the source or target of a violation of any of the other terms of service or for any other reason which Vanilla Media deems appropriate. Vanilla Media will use reasonable care in notifying the Customer, and in resolving the problem in a manner which will result in the least amount of service interference. Vanilla Media reserves the right to terminate any service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. The Customer will not be credited for the time the customer’s accounts were suspended. Customers are required to give 30 days’ notice in writing to cancel services. Cancellation of service does not relieve the Customer of responsibility for the payment of all accrued charges and Vanilla Media do not provide any refund for any type of cancellations.

Intellectual Property

Vanilla Media reserves the right to remove any or all of our intellectual property for marketing services upon cessation of our services. This includes the removal of plugins, text, metatags, headings, landing pages, 3rd party blog posts or anything else Vanilla Media may have implemented to help promote a Customer’s site.

Limitation of Liability

The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Vanilla Media and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that Vanilla Media shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Vanilla Media. The Customer further acknowledges that Vanilla Media’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Customer for services during the period damages occurred. In no event shall Vanilla Media be liable for any special or consequential damages, loss or injury. Vanilla Media is not responsible for any damages a Customer’s business may suffer. Vanilla Media does not make implied or written warranties for any service it provides. Vanilla Media denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Vanilla Media.

IP addresses

The Customer acknowledges that they have no right, title or interest in the IP address allocated to them, and that any IP address allocated to them is allocated as part of the services provided by Vanilla Media, and is not portable or otherwise transferable in any manner whatsoever. If an IP address is renumbered or reallocated by Vanilla Media, Vanilla Media shall use reasonable endeavours to avoid any disruption to the Customer. The Customer agrees that they will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by the Customer of a new IP address for their website following termination of this agreement shall be the Customer’s exclusive responsibility.

Disclosure to Law Enforcement

The Terms of Service specifically prohibit the use of our service for illegal activities. Therefore, the Customer agrees that Vanilla Media may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any court who sends Vanilla Media a valid Court Order, without further consent or notification to the Customer. In addition, Vanilla Media shall have the right to terminate all service set forth in any Agreement made between the Customer and Vanilla Media.

Warranty Disclaimer

The Customer agrees that the engagement of Vanilla Media shall be at the Customer’s sole risk. All services provided by Vanilla Media are available as is, without warranty.