Terms of Service

1. Publisher of the site and hosting provider

https://www.yafee.com is published and operated by Yafee Services Limited (C 116017), a company incorporated in Malta and referred to below as Yafee.

• Publisher: Yafee Services Limited (C 116017)
• Registered office:
• VAT identification number: MT3288-7537
• Site operated: https://www.yafee.com
• Correspondence: [email protected] for the Service, [email protected] for invoicing
• Hosting provider: OVHcloud (OVH SAS)., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus, https://www.ovhcloud.com

2. Contractual framework, acceptance and amendment

These conditions of sale and use govern the relationship between Yafee and any person consulting yafee.com or subscribing.

Consulting the site binds the visitor to these conditions, and an order binds the Customer to the version in force on the day it is validated. Yafee may amend them at any time, without retroactive effect on an order already placed. A change of subscription price is notified one month before it applies, and a Customer unwilling to continue may terminate before that date.

The Service is reachable from 180 countries and offered in 40 languages. Where a translation of these conditions departs from the English version, the English version governs.

Performance on Yafee's side is electronic throughout. There is no printing, no franking, no postal distribution and no postal registered mail as the codes on posts and on electronic communications define those activities.

Customer

any natural or legal person opening an Account or subscribing, privately or professionally.

Account

the secured personal area from which dispatches are ordered and the subscription run.

Directory

the catalogue of companies listed on yafee.com and their contact particulars.

Letter

the termination letter produced from a Template or by the drafting tool.

Dispatch File

the Letter as approved, in the state in which it is transmitted.

Template

a model letter offered by Yafee.

Trial Offer

the paid introductory period, converting into a monthly subscription unless terminated.

Delivery Operator

the third party entrusted with conveying a Dispatch File to its recipient.

3. The Directory and the accuracy of its entries

Each Directory entry records an organisation's trading name, the department competent to receive terminations, and the address at which that department accepts them.

Entries are compiled from what the organisations publish and from reports sent in by Customers. Yafee keeps them under review but does not warrant that an entry is current on the day a dispatch is ordered; a company may move a service without announcing it. The Customer chooses the entry and should check it against a recent invoice or the contract itself.

Where a dispatch is refused or returned because the address chosen was wrong, the consequence falls on the Customer and the sum paid remains due. Inaccurate entries reported to [email protected] are corrected.

4. Drafting of the Letter, authorship and limits

A Letter is produced from a Template, or by the automated drafting tool from the particulars entered about the contract to end.

What the tool produces is an aid to drafting and nothing more. It is not legal advice, no lawyer has settled it, and it takes no account of any circumstance left undisclosed. Authorship rests with the Customer, who may rewrite the Letter and alone answers for what it says.

Approval of the Dispatch File is final: it sets the dispatch in motion, after which the file can be neither altered nor recalled. An error of substance, of recipient or of formatting that survives into an approved Dispatch File is the Customer's.

5. Transmission of the dispatch and its evidential status

Once approved, the Dispatch File is transmitted electronically to the recipient named in the Directory entry. Transmission is close to instantaneous, but whether the recipient opens the letter, and how soon it answers, lies outside Yafee's control.

Every dispatch carries the following elements:

• a cryptographic timestamp fixing the date and hour of departure;
• a unique fingerprint of the document, computed with the SHA-256 algorithm, by which later alteration is detected;
• the entry of that fingerprint in a public blockchain, making the dispatch traceable, verifiable by any third party and impossible to rewrite;
• a certificate of proof placed in the Account, stating the timestamp, the fingerprint, the blockchain transaction identifier and the parties.

An electronic acknowledgement that the letter was made available to the recipient is issued on request where the destination allows it.

These elements may be produced before a court. They do not confer the status of postal registered mail, but they are issued by a qualified electronic registered delivery service within the meaning of Regulation (EU) No 910/2014, the eIDAS Regulation, and accordingly enjoy the presumption laid down in Article 43(2) of that Regulation as to the integrity of the data, the sending and receipt by the identified parties, and the accuracy of the date and time.

Certificates, fingerprints, timestamps and dispatch logs are kept for at least twelve (12) months from the dispatch to which they relate.

6. Conveyance, timescales and the role of Delivery Operators

Where the recipient accepts terminations only on paper, the Dispatch File is entrusted to a domestic or international postal operator. Conveyance and distribution are then that operator's undertaking, not Yafee's, and any indemnity for loss or delay is capped at what the operator grants.

Dispatches to the principal destinations, which are 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 ordinarily completed within seven business days; that is also the average observed across Europe, North America, Asia and the Middle East. Elsewhere the time follows the local postal network and may exceed fifteen days. Every figure here is indicative, and none is a guarantee.

Proof of sending and of receipt, where the route produces them, come from the operators concerned. The tracking data shown in the Account are agreed between the parties as evidence of what was sent and when.

7. The Account

The Service cannot be ordered anonymously, so opening an Account is a condition of use. Credentials are strictly personal and confidential.

The Customer maintains accurate and current particulars, in particular the address for notices about the subscription. Accounts may be suspended or closed in the circumstances set out at article 12.

8. Trial Offer, subscription and termination by the Customer

Access opens with a promotional period of forty-eight (48) hours, invoiced RM 4.19 including tax, giving immediate and complete use of the Service.

Before validating the order, the Customer accepts, expressly and irrevocably:

"I accept the 48-hour promotional offer at RM 4.19 and authorise the automatic debit of RM 228.34 per month at the end of 48 hours, without commitment as to duration and cancellable at any time."

At the close of those forty-eight hours the first month, RM 228.34 including tax, is debited automatically, and the subscription renews monthly on the same terms with no minimum duration. A Customer terminating while the promotional period runs is charged RM 4.19 including tax and no more; letting it expire commits the Customer to RM 232.53.

Termination is effected from the Account at any time and takes effect at the close of the billing period in progress. A period once begun is owed in full, sums already debited are not returned, and no refund is made for a service performed, whether the generation of a document, its transmission or its posting.

9. Prices, taxes and payment

Prices are stated in euros; any other currency shown is a conversion given for information only. The subscription pays for access to the software service and does not cover postage.

Tax is applied according to the Customer's location: local value added tax, the European Union One Stop Shop scheme, or the regime applicable in Malta including that of the Malta Data Protection Authority.

Payment is by bank card only and is processed by Yafee.com; card numbers are not held by Yafee. Subscribing requires authorisation of recurring debits. Where a debit fails or is rejected, Account access may be suspended until the position is put right; questions go to [email protected].

10. Right of withdrawal and waiver of that right

Consumers in the European Union and the European Economic Area

Article L.221-18 of the Consumer Code affords a consumer fourteen (14) days to withdraw from a distance contract. The Customer ordering the Trial Offer declares, before validating the order, that performance is to begin at once without awaiting the expiry of that period.

By ticking the box provided at checkout, the Customer waives that right expressly and irrevocably, as Article L.221-25 of the Consumer Code permits where immediate performance is requested.

Since drafting, transmission and, where applicable, posting are performed in full once the Dispatch File is approved, no refund, partial or total, may be claimed afterwards.

Customers acting for professional purposes

The right of withdrawal is a consumer right and is not available to a Customer contracting for the purposes of a trade or profession.

11. Permitted use, prohibited content and compliance controls

The Customer warrants that the content submitted conforms to the law and observes the rules on personal data and electronic communications, in particular where a Letter reproduces particulars about a third party.

The following may not be submitted for dispatch:

• content that is unlawful, defamatory, obscene, hateful or discriminatory;
• documents that are forged, falsified or counterfeit;
• unsolicited commercial messages;
• confidential particulars or personal data of a third party, sent without authorisation;
• any dispatch breaching an embargo or a measure of international sanctions.

Breach of this article suspends the Account immediately. Yafee operates fraud prevention and compliance procedures, including customer identification and anti money laundering checks; an unlawful or fraudulent dispatch, or one contrary to sanctions, is blocked or deleted without refund.

12. Suspension and closure of an Account by Yafee

Yafee may suspend or close an Account for fraud, for non-payment, for abuse of the Service, or for breach of the law or of these conditions. Where closure follows such a breach, the period in progress remains payable and nothing is refunded.

13. Availability, warranties, liability and force majeure

The site is intended to be reachable at every hour, but access may be interrupted for maintenance, by a technical incident or by force majeure. Such interruption may occur without notice and gives rise to no compensation.

The Service is supplied in the state in which it stands. No warranty is given that a Letter will be held legally sufficient for the Customer's purpose, that the Service is complete, or that it performs without fault.

The aggregate liability of Yafee towards a Customer, on whatever footing claimed, cannot exceed the sums that Customer paid over the preceding twelve months, with a floor of one hundred euros (EUR 100). Indirect loss is excluded: turnover, reputation, data.

14. Intellectual property

The site, its databases, the Directory as a compilation, the editorial content, the logos and the Templates are protected and remain the property of Yafee or its licensors. Reproduction, extraction, re-use or republication of any part calls for written authorisation.

The licence granted to the Customer is personal, is not transferable and does not extend to commercial exploitation. The wording of a Letter, once settled, remains the Customer's.

15. Personal data

Personal data are processed as set out in the Privacy Policy published on yafee.com, which forms part of the contractual documentation, in accordance with the General Data Protection Regulation and the Personal Data Protection Law. Security measures appropriate to the risk are applied, and the documents entrusted to Yafee are kept only for the duration of the subscription. Data protection correspondence is received at [email protected].

16. Applicable law and jurisdiction

These conditions are governed by the law of Malta, and the courts of Malta have exclusive jurisdiction over any dispute arising out of them, save where a mandatory consumer protection rule entitles the Customer to sue or be sued elsewhere, or to rely on the law of the Customer's residence.

A complaint goes first to [email protected], quoting the dispatch concerned.