1. Contractual framework 

This Service Order (“SO”) forms an integral and essential part of the General Terms and Conditions of Service (“GTC”) of ENARTIA Single-Member S.A. and sets out the specific terms for the provision of the Flexmail service (the “Service”) to the Customer. Capitalised terms have the meaning given to them in the GTC. 

GTC: https://www.papaki.com/oroi-xrisis/?lang=en 

The Service is technically provided by Flexmail nv (the “Provider”), a team.blue group company, and is made available by Enartia. The commercial offer displayed on the Website and/or during checkout forms an integral part of the Agreement. 

By ordering or using the Service, the Customer also accepts the Flexmail Terms, available at: https://flexmail.be/en/terms-and-conditions/ 

The Provider Terms govern, in particular, the technical operation and permitted use of the Service. In the event of conflict, the Order and this SO prevail in respect of the Service-specific terms, and the GTC prevail in respect of the contractual relationship between Enartia and the Customer, subject to mandatory law and consumer rights. 

2. Definitions and Service description 

“Service” means the Flexmail email-marketing and/or transactional-email services made available for purchase by Enartia, as described in the Order and commercial offer. Features, plans and limits offered by Enartia may differ from those available directly from Flexmail. 

3. Order, activation, term and payment 

The Service may be ordered through Enartia’s Website or Control Panel and is activated after successful completion of the Order and, where applicable, payment. 

Fees, plan features, usage limits, term and renewal method are those displayed in the Order and the applicable commercial offer. Payment is made in advance for the initial period and each renewal. 

Renewal, cancellation and any right of withdrawal are governed by the Order and the GTC. Non-use of the Service does not constitute cancellation. 

4. Support 

Initial support is provided by Enartia through the support channels available on the Website or in the Control Panel. For specialised technical matters, Enartia may cooperate with or refer the Customer to the Provider. 

5. Permitted use and email compliance 

The Customer acknowledges that it is the sender of communications and is solely responsible for recipient lists, content and lawfulness of every message. The Customer must comply with applicable data-protection and electronic-communications law, the Flexmail Terms, and Flexmail’s anti-spam and acceptable-use policies. 

  • Use only lawfully obtained lists and a valid legal basis for every message. 
  • Provide clear sender details and an effective, easy opt-out/unsubscribe mechanism where required. 
  • Maintain and apply suppression/opt-out lists and not re-add recipients without a lawful basis. 
  • Not send spam, misleading, unlawful or harmful content and protect account credentials. 

6. Data and data protection 

The Service processes contact details, message content, sending data, delivery and engagement events, and other data submitted or generated by the Customer. The Customer generally acts as controller for its recipients’ personal data. 

The Customer is responsible for the lawfulness, accuracy and quality of data submitted to the Service and for providing required notices and obtaining any necessary consent or other lawful basis. Where Enartia processes personal data on the Customer’s behalf, the applicable Data Processing Agreement applies where required. 

Privacy Notice: https://www.papaki.com/privacy-notice/?lang=en 

7. Suspension, termination and data deletion 

Enartia and/or Flexmail may suspend or restrict the Service for non-payment, breach of the Agreement or Flexmail policies, security risk, spam complaints, excessive delivery failures, or where required by law. 

Upon expiry or termination, provision of the Service ceases. Related data, including contacts, lists, content, files, documentation and logs, may be deleted within sixty (60) days, unless a different retention period is required by law. The Customer must timely export any data it wishes to retain. 

8. Availability and liability 

The Service is provided “as is” and “as available”. Subject to mandatory law, Enartia does not warrant that the Service will be uninterrupted or error-free or that its results will meet any particular purpose or expectation of the Customer. 

Enartia is not liable for acts or omissions of the Customer, incorrect configurations, unauthorised use, Customer content or data, third-party services, or interruptions and changes attributable to Flexmail. The liability limitations and exclusions in the GTC apply in full. Nothing in this SO excludes liability that cannot lawfully be excluded or limited. 

9. Final provisions 

Enartia may modify or discontinue specific Service features or plans where required by Provider changes, technical or regulatory requirements, or the commercial offer, in accordance with the GTC and applicable law. 

This SO and the Agreement are governed by Greek law. Jurisdiction lies with the courts specified in the GTC, subject to mandatory consumer-protection rules.