Terms of service
Last modified: April 25, 2017
The services provided by 123ContactForm can be used by any person, if the terms of service are respected. We have the right to disable accounts that are suspect of using our service for illegal activities.
We collect just the amount of personal information that is needed to create and maintain your account. Users can access and update personal information in My Account section. We will neither disclose your personal information, nor sell it to anyone. We never read the messages received through your forms. Your IP, personal information and received data are confidential, except for the case in which authorities request it. We always include a opt-out method to our direct marketing messages.
Form records are private and can be used exclusively by the account owner. 123ContactForm never discloses the content of submissions under any circumstance, unless specifically requested by legal state authorities. Submissions are stored securely on our Amazon hosted servers, and are protected against misuse, interference and loss, as well as against from unauthorized access, modification and disclosure.
The forms you create on our site can be shown, unfilled, to the visitors of our site, in order for them to understand better what results can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.
Any web form or survey created by the end user using the translated versions of 123CONTACTFORM framework and products along with any information gathered through those web forms and surveys belong to the end user and neither 123CONTACTFORM nor the PARTNER can hold ownership over them or be liable for it.
Platinum and Diamond users can create secure forms (SSL encrypted). The other forms are non-secure forms and we are not responsible for any sensitive data that might be intercepted by other persons that monitor the computers where the forms are filled.
Our security measures are more extensively described on our blog.
We are totally against spam, this being one of the reasons why we started this service. To fight spam, we implemented Captcha protection. If our Captcha protection is defeated by spammers, let us know we will improve the difficulty of the Captcha.
You can use smart Captcha images, which means that the verification code shows up only when the form receives more than one submissions from the same IP address. Also, the number of submissions coming from the same IP address per day can be limited in your Settings → Security section.
Our HIPAA compliant solution is only available on our compliance cloud and includes coverage for all HIPAA statutes, safeguards, protocols, BAA's or business associate agreements, signed confidentiality agreements and NDA's.
On our HIPAA compliance cloud, we offer several different levels of indemnification clauses in our BAA's or business associate agreements plus the availability of two separate insurance policies for professional services and data loss covering you for up to 1 million dollars for each.
Our HIPAA compliance cloud accounts are only supported on our compliance cloud. It is not possible to be HIPAA compliant on our Basic, Gold, Platinum or Diamond plans, even though they do offer the SSL encryption, they do not offer the rest of the HIPAA regulations and safeguards. Furthermore, 123ContactForm cannot be held liable for any HIPAA violations through the use of our platform and services on any of the non-compliant native plans (Basic, Gold, Platinum or Diamond).
It is forbidden to create forms that request sensitive data, e.g.: passwords, email credentials or other credentials, from form users. Such forms/accounts will be deleted. It is also prohibited to ask for credit card information via web forms. We offer several user-friendly payment processors (more details). For assistance in choosing the necessary payment method, please contact us.
We do our best to track down and ban all the forms created by users of our service for data phishing purposes. We do this both manually and automatically, through a form validation script.
We strongly disagree the usage of our services for activities related to racisms, segregations, religious hatred or to any activities that are illegal.
We take immediate action upon any user that violates these terms, and such accounts will be immediately disabled.
Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete submissions.
If you use the Basic service plan, you are required to keep the backlink to 123contactform.com below your web form. We reserve the right to remove/block any account that does not comply with our terms of service. Repeated usage of our contact forms by Basic users who remove the link to our site may lead to messages not being delivered until the account is upgraded to Gold.
Basic accounts are subject to several limitations, among which the limitation according to which you can have at most 5 forms, each form having at most 10 controls. It is forbidden to create more than one account with the purpose of avoiding this limitation. We reserve the right to disable/delete duplicate accounts.
Each time a form user fills out your form, you receive a form submission. Basic accounts can receive at most 100 form submissions per month. The number of submission is calculated for all of the forms existing in an account, not separately. The submission counter is reset on the first day of every month. Therefore, if you create your free account on October 17, the counter is first reset on November 1 and, then, on December 1 etc.
If you exceed the submission limit in one month, the exceeding submissions will be carried over to next month. If the submission limit is exceeded repeatedly (for three months), the account is limited. Exceeding the submission limit results either in receiving incomplete messages or in having the account suspended and not receiving any messages. This can be solved by upgrading to a paid plan, where there is no submission limit.
Forms created by free users cannot be published on Craigslist.
Users who want to create forms with advanced features, like file upload, custom multiple recipients, data validation etc., are required to upgrade their accounts to Gold, Platinum, Diamond or Enterprise plans. The payments are handled by our third party payment processor Avangate. If the subscription payment fails (expired credit card, insufficient money etc.), you have 15 days to solve the problem; otherwise, the account will be downgraded to Basic membership.
123ContactForm reserves the right to change its pricing levels and to establish new charges at any time upon notice (i.e. on the website and by email). Monthly paying users will still pay the old price for at least 6 months, while yearly paying users for at least 1 year. From that point, the new pricing levels will go into effect.
When signed up for a paid monthly or yearly plan, you are charged automatically on a monthly/yearly basis from the payment source you have provided. If you do not want to use the service anymore, you need to cancel your subscription (from the section My Account). The recurring payment terminates only when you cancel the subscription.
Changing payment details
Changing payment details equals to a new subscription. If, for example, you have a Gold monthly subscription that is charged on the 15th of every month and you upgrade to Platinum on January 30, we will refund half of the amount last charged for your Gold subscription, cancel that subscription and upgrade your account to the Platinum plan. The account will then be charged with the Platinum price, on the 30th of every month.
We provide a 30-day money back guarantee for all plans purchased from 123ContactForm. In case of unwanted duplicate payments or fraudulent orders, we will refund the money immediately. Refund requests for reasons like I did not understand what your service offers, I thought it is a one time payment, not a subscription, I don't like how the form/code looks (after the first 30 days) are not accepted our free membership and all the information on our website makes it very clear, what we offer in exchange for the money you paid, so just cancel your subscription by logging into your 123ContactForm account and use the remainder of your subscription until your it expires.
Our 30 day money back guarantee does not apply when purchasing additional user licenses, sub-user accounts or additional SMS and PDF form layout credits as it is implied that if you are purchasing additional users/licenses or additional SMS and PDF form layout credits you are satisfied with our product and services.
Paypal / Google Checkout order forms
Platinum users can create forms with payment integration, that can collect money from the visitors. 123ContactForm does not accept any liability for the contracts that are not honored. The form owner and his customers must solve their payment problems (if any), without involving 123ContactForm, which simply provides the framework for the payments and does not take any responsability for such payment problems.
The electronic signature service is provided "as is" with no express or implied warranty for compliance with state laws. 123ContactForm is not liable in which concerns the legal validity of the electronic signatures collected within our forms. The form submitter is the sole responsible for the veracity of the signature provided.
Our services are hosted by Amazon Web Services (AWS), which is today's hottest cloud computing service provider. They offer the most stable and scalable hosting services, great uptime, quick support. All data is encrypted and kept securely on Amazon's servers in multiple data centers located across the United States. We have the latest security packages installed and we upgrade the server when necessary. Still, the possibility exists for temporary downtimes independent of our control, as for any other website. It happens very rarely and, when it happens, we do our best to solve the problem as soon as possible.
To minimize latency please email us 1-2 days in advance at firstname.lastname@example.org and let us know if you expect a submission rate greater than 5000 submissions per day or a large burst. We will take all the precaution measures to prevent any latency. However, we are not responsible for any data loss that might occur to you when the server is not accessible. If you have a commercial website, we cannot be held responsible for the data loss; the best we can offer you is a partial/full refund of the money you paid to us for the month when the server issue occurred.
Because we are located in the European Union, we are subject to the Council Directive 2002/38/EC regarding European regulations on software VAT. The VAT rate in the EU varies between 15-25% depending on the rate determined by the member state the customer is located in. Companies or taxable persons are not charged VAT, but only if they have registered for a VAT ID number, provided that the annual sum exceeds a level established by their residential country.
Individuals and businesses located outside the European Union will not be charged VAT. To find out the VAT rate of your country, follow the list here.
If you have any questions or want to give us feedback, please contact us.