Terms of Sale and Use

1. Publisher, contact and hosting

1.1 https://www.postclic.com and the Postclic service are published by Postclic technology Limited (C 114711), registered office , identified for value added tax under MT3266-6534. Correspondence on the present clauses is received at [email protected].

1.2 The Site is hosted by OVHcloud (OVH SAS)., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus (https://www.ovhcloud.com).

2. Terms used in these Conditions

2.1 Capitalised terms bear the meanings below.

Client

Any individual or legal entity ordering the Services, as consumer or professional.

Account

The secure personal interface from which mailings are ordered and proofs retrieved.

Document

Content uploaded by the Client, or produced from a Template or the artificial intelligence tool.

File

The Document in its definitive state, approved by the Client and submitted to production.

Template

A pre-drafted letter model placed at the Client's disposal by Postclic.

Trial Offer

The paid introductory period of clause 11, at whose expiry the monthly subscription commences.

Postal Operator

The third party, domestic or international, to which an item is entrusted for distribution.

Proof Certificate

The instrument delivered under clause 8.1, assembling timestamp, fingerprint and blockchain transaction reference.

3. Formation of the contract, territory and amendment

3.1 Use of the Site entails unreserved adherence to these Conditions. The contract is formed on validation of the order, and the binding version is that in force that day.

3.2 Postclic may amend these Conditions at any moment. Where the amendment bears upon tariffs, the Client is informed one (1) month before the new tariff applies and may terminate, in the manner of clause 11.5, before that date.

3.3 The Services are open in 180 countries and the interface is served in 40 languages. Should the language versions diverge, the English version governs.

4. Object and legal characterisation of the Services

4.1 Postclic offers the composition and transmission of certified, timestamped digital mail registered on a public blockchain. The Services comprise:

• composition and personalisation of letters, from a Template or with the artificial intelligence tool;
• electronic transmission to the addressee, with a cryptographic timestamp evidencing the date and hour of dispatch;
• certification of each transmission by inscription of the fingerprint of the File upon a public blockchain, rendering the record traceable and unalterable;
• issue of a Proof Certificate stating the timestamp, the fingerprint, the transaction reference and, where obtained, the acknowledgement of availability to the addressee;
• access to the Services from more than 180 countries.

4.2 The proof elements so constituted, being certificates, fingerprints, timestamps and dispatch logs, are conserved for twelve (12) months at the least from transmission.

4.3 The Services do not amount to registered post in the postal sense. They are supplied as a qualified electronic registered delivery service within the meaning of Regulation (EU) No 910/2014 (eIDAS), so that the data sent and received enjoy the presumption established by Article 43(2) of that Regulation as to their integrity, the sending by the identified sender, the receipt by the identified addressee, and the accuracy of the date and time.

4.4 The Services relate to electronic transmission alone: Postclic performs no printing, enveloping, franking, physical distribution or registered postal service within the meaning of the postal and electronic communications codes. Where an item is entrusted to a Postal Operator, clause 8.6 applies.

4.5 The artificial intelligence tool furnishes drafting assistance and no legal advice; the Client alone answers for the substance of the letters sent, under clause 6.

5. Opening and keeping of the Account

5.1 No mailing may be ordered without an Account. Credentials are strictly personal and confidential, and the Client bears the consequences of disclosing them.

5.2 The particulars declared in the Account are to be kept exact and current. Clause 13 governs suspension and closure.

6. The Document, its approval and the Client's warranties

6.1 The Client warrants that the substance of the Document and the addressee's coordinates are exact and lawful, and holds the rights required to transmit them.

6.2 Approval of the File expresses definitive consent and sets production in motion; from that instant the order can be neither modified nor recalled.

6.3 Any defect of substance, address or format lies with the Client alone, as does a refusal of delivery or a return occasioned by an inaccurate address, which gives rise to no credit.

6.4 The Client observes the applicable legislation, in particular on personal data and electronic communications.

6.5 Postclic operates verifications against fraud and money laundering, including identification of the Client where circumstances require. An unlawful or fraudulent mailing, or one contrary to an embargo or to international sanctions, may be withheld or destroyed, without restitution.

7. Mailings that may not be submitted

7.1 It is forbidden to submit or transmit through the Services:

• unlawful, defamatory, obscene, hateful or discriminatory content;
• documents that are fraudulent, falsified or counterfeit;
• unsolicited commercial solicitations, commonly designated spam;
• confidential particulars or personal data of third parties, absent authorisation to disclose them;
• any item contravening an embargo or a measure of international sanction.

7.2 Disregard of clause 7.1 warrants immediate suspension of the Account under clause 13.

8. Execution of the mailing, certification and evidence

8.1 Once the File is approved, each item undergoes, in order:

1. a cryptographic timestamp fixing the precise date and hour of dispatch;
2. computation of a unique fingerprint of the File by the SHA-256 function, allowing its integrity to be demonstrated;
3. inscription of that fingerprint upon a public blockchain, whereby the record becomes verifiable by any third party;
4. issue of a Proof Certificate gathering the timestamp, the fingerprint, the transaction reference and the identity of sender and addressee.

8.2 Transmission is quasi-instantaneous. When the addressee consults the item, and whether a reply follows, escape the control of Postclic.

8.3 Where the destination permits, the Client may request an electronic acknowledgement that the item was made available to the addressee; it is annexed to the Proof Certificate.

8.4 The evidence so assembled may be produced before a court, where it carries the presumption attached by Article 43(2) of the eIDAS Regulation to a qualified electronic registered delivery service, as stated at clause 4.3.

8.5 The tracking data displayed in the Account are agreed as binding between the parties.

8.6 Where an item is entrusted to a Postal Operator, deposit and receipt proofs emanate from that operator, distribution falls upon it alone, and any indemnity is confined to what the operator itself grants.

9. Timescales given by way of indication

9.1 Items addressed to France, Germany, Spain, Italy, Portugal, Belgium, Switzerland, Austria, the Netherlands, Luxembourg, Ireland, the United Kingdom, the United States, Canada, Australia, Japan, South Korea, Singapore, Hong Kong, Malta, Qatar and Saudi Arabia are generally distributed within seven (7) working days, the average observed across Europe, North America, Asia and the Middle East.

9.2 Elsewhere the interval follows the local postal network and may exceed fifteen (15) days.

9.3 The figures at clauses 9.1 and 9.2 are indicative and form no contractual undertaking.

10. Price, taxes and settlement

10.1 Tariffs are expressed in euros; a price shown in another currency is a conversion given for information.

10.2 The subscription remunerates access to the software services, postage excluded.

10.3 Taxes are assessed by reference to the Client's place of establishment or residence, under local value added tax, the one-stop shop scheme of the European Union, or the rules of the competent Maltese authority.

10.4 Settlement is by payment card alone, through Postclic.com, and subscribing presupposes a standing authorisation to debit the card at each due date. Should a debit fail or be refused, access to the Account may be suspended until regularisation. Invoicing enquiries go to [email protected].

11. Trial Offer, subscription and cancellation

11.1 The Client may take a promotional offer of 48 hours at ₦1,494.90 including tax, opening immediate and entire access to the Services for its duration.

11.2 In validating the order the Client accepts, expressly and irrevocably, the stipulation below.

"I accept the 48-hour promotional offer at ₦1,494.90 and authorise the automatic debit of ₦81,389.00 per month at the end of 48 hours, without commitment as to duration and cancellable at any time."

11.3 At the expiry of that period the card is debited automatically with ₦81,389.00 including tax for the first month of subscription. Where the subscription is cancelled during the promotional period, the sum invoiced remains, as a minimum, ₦1,494.90 including tax.

11.4 Thereafter the subscription renews tacitly each month at ₦81,389.00 including tax, without commitment as to duration.

11.5 Cancellation is effected at any moment from the Account and takes effect at the close of the period in course, which the Client enjoys until then.

11.6 Every period commenced is owed in full. Sums already debited are not restored, nor is restitution owed for services performed, whether printing, postage, generation of a Document or transmission, as clause 12 confirms.

12. Withdrawal and its waiver

Consumers in the European Union and the European Economic Area

12.1 Before validating any order the Client recognises expressly a wish that execution begin at once, without awaiting the lapse of the fourteen (14) day period laid down in Article L.221-18 of the Consumer Code.

12.2 By ticking the box presented at payment, the Client renounces expressly and irrevocably the right of withdrawal, upon the footing of Article L.221-25 of the Consumer Code, so as to obtain the Services immediately.

12.3 Printing, postage and generation of a Document by artificial intelligence are performed in full once the File is approved, so that no restitution, partial or entire, may be claimed thereafter.

Clients acting as professionals

12.4 No right of withdrawal is open to them.

13. Suspension and termination for breach

13.1 Postclic may suspend or close the Account where fraud, default of payment, abuse of the Services, contravention of the law or breach of these Conditions is established, in particular under clauses 6.5 and 7.

13.2 No restitution is owed for the period in course.

14. Availability, warranties, liability and force majeure

14.1 The Site is intended to be reachable at every hour, save during maintenance, upon a technical incident, or in a case of force majeure, understood as any event beyond the reasonable control of the party invoking it. Access may be interrupted temporarily, without notice and without indemnity.

14.2 The Services are supplied in the state in which they stand, without warranty as to the conformity of a Document with the law applicable to the Client's situation, the exhaustiveness of the Services or any level of performance.

14.3 The liability of Postclic, all heads taken together, is limited to the sums paid by the Client during the twelve (12) months preceding the event, that limit being in no case inferior to one hundred euros (EUR 100). Indirect loss is excluded, notably loss of turnover, injury to reputation and loss of data. Clause 8.6 applies in addition.

15. Intellectual property

15.1 The Site, its databases, editorial content, marks and logotypes and its Templates are protected. Their reproduction, extraction or republication, in whole or in part, requires the prior written authorisation of Postclic.

15.2 The Client receives a licence of use that is personal, non-transferable and non-commercial, for the term of the subscription. The Document remains the Client's property.

16. Personal data

16.1 The processing of personal data is described in the Privacy Policy published on the Site, to which reference is made rather than reproduced here, and is conducted in conformity with the General Data Protection Regulation and the Maltese law on the protection of personal data.

16.2 Postclic applies security measures appropriate to the risk and conserves Documents for the term of the subscription alone, without prejudice to clause 4.2. Data requests go to [email protected].

17. Governing law and competent courts

17.1 These Conditions are governed by the law of Malta.

17.2 Every dispute arising from them belongs to the exclusive competence of the Maltese courts, reserving the mandatory provisions of which a consumer cannot be deprived under the law of the consumer's country of residence.