1: Definitions
The definitions below and any definitions used elsewhere in this agreement are binding upon the parties.
1.1. The Service. The "Service" consists of a browser interface, data transmission, data access (as available) and, if applicable, data storage. The "Service" includes any Website owned by, provided by or operated by www.cheapbulksms.co.uk to which you have access.
1.2. You and Yours. "You" and "Yours" means each User or customer accessing the Service by means of our Websites. If You are entering into this agreement on behalf of Your entity, the term "You" in this agreement means Your entity and all of its directors, officers, managers, shareholders, employees, agents, members, or other personnel.
1.3. Unlawful Activities. "Unlawful Activities" includes, but is not limited to, making direct or indirect threats of physical harm, engaging in any conspiracy of any type, violation of any UK law or ordinance, violation of any international treaty, storing, distributing or transmitting any unlawful material, or attempting to compromise the security of any networked account or site.
1.4. Internet Service Provider. "Internet Service Provider" or "ISP" is any entity which allows access to the internet or Worldwide Web.
1.5. "From ID", "Sender ID" or “Orginator ID”. Who/What shows as the sender of any message received as a result of Using the service as a broadcasting media.
1.6. The Agreement. The "Agreement" or the "Service Agreement" refers to the within electronic document which sets forth the rights of the parties in their entirety.
1.7. Our or We or Us. "Our" or "We" or “Us” refers to www.cheapbulksms.co.uk.
1.8. "Systems". "The Systems" consists of computer equipment including servers, telecommunications devices, internet connection devices and digital storage media.
1,9. "Text
Message". Short Messaging System utilised by modern mobile communications
devices to send plain text data to other devices
1.10 “Breach”
means that a standard of service has not be met in accordance with Our Terms or
Service Agreement or those of Law including the Electronic Communications Act
2000 and PhonePayPlus
IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, THE SERVICE WILL TERMINATE AND YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE.
2: Usage
2.1.1Individual Usage.
If You are Using the service as an individual, You represent that You are over the age of 18 or have parental consent to be binded to this agreement (the "service agreement" or "the agreement")
2.2. Usage As A Business or Other Entity.
If You are Using the service for Your business or other entity, You represent that You have the authority to enter into this agreement on behalf of Your bUsiness or other entity.
2.3. An Enforceable Agreement.
Whether You agree individually or on behalf of an entity, You agree to all the terms of this service agreement. THIS IS A BINDING AGREEMENT.
3: Charges
3.1. Unless specified otherwise, all charges are in pounds sterling and exclude VAT at the prevailing rate.
4: Payment of services
4.1. Purchasing of text messages can be made online via a secure service provided by either NoChex Ltd or Worldpay. On making a valid verified purchase, text messages will be applied for Your use of the Service.
5. Access To services.
5.1. We provide access to Our services via an Online interface only which is proprietary. Access to the service will be available to You or Your clients at any time unless subject to Section 6.
6. Force Majeure.
6.1. We are not liable for any failure in Our obligations if We are prevented from doing so by any event beyond Our reasonable control (which may include without limitation, strikes, labOur disputes, acts of God, war, riot, civil action, malicioUs acts or damage, compliance with Law, Government or regulatory order, rule, regulation or direction, fire, flood, storm or equipment or service failure including the loss of availability of telecommunication services such as telephone or data lines or other equipment).
7. Storage of Data.
7.1. We are required by law to keep a record of all SMS messages sent by The Service. A record of each message and the time and date will be kept for a minimum of 7 years and this may be made available to the Networks, Police or other legal body as required.
7.2. We record your IP address and a record of your purchases including Name, Address, Email Address and Telephone Number. These are held for our records only and are not shared with any third party. We are required to keep these for security and to ensure the operation of The Service is in accordance with our terms and conditions.
8. Data Sensitivity
8.1. Data transmitted to mobile phones is not fully secure and We advise strongly against sending sensitive data via SMS message. We cannot delete any message sent and still hold a record of any message sent for a minimum of 7 years. We are registered with the Information Commissioners Office (ICO) and Your data is protected and stored and Used as required by the Data Protection Act 1998.
9. Your Responsibilities
9.1. You understand that Use of The Service (and any product or service that we provide) is subject to these terms and conditions. These terms and conditions may be amended from time to time without notice. They should be checked from time to time and continued Use of The Service after any changes is Your acceptance of the changes.
10.2. You are responsible for obtaining and maintaining all computer software, hardware and communications and other equipment required to Use or access The Service.
10.3. You are responsible for paying all third-party access charges such as ISP or telecommunications costs incurred.
10.4. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Our Software.
10.5. You will not modify, translate, or create derivative works based on Our Software and Service.
10.6. You will not rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to Our Software and Service without express permission.
10.7..You will not Use Our Software and Service for the benefit of a third party without express permission.
10.8. You understand and agree that Our Software is proprietary. You agree not to publish or disclose to third parties any evaluation of Our Software without Our prior written consent.
10.9. You acknowledge that We retain exclusive ownership throughout the world of all Software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, You will cease to Use and have access to the Software.
In addition,
10.10.. You will not Use the Software and the Service for creating or sending junk messages, spam advertising, or spamming in any form. By Using The Service You agree to abide by any applicable laws including the Electronic Communications Act 2000, PhonePayPlus, and The Gambling Commission. Your messages must also clearly state who they are from (either in the message or the Originator ID), how You can be contacted (if it is not clearly obvious) and how the recipient can opt out of receiving such messages.
10.11. You agree not to transmit or permit anyone to transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind.
10.12. You will only Use the Software and The Service for lawful purposes, and in compliance with all applicable laws including, without limitation, copyright, trademark, patent, intellectual property, obscenity and defamation laws, whether statutory or common-law in nature.
10.13. You will not Use the Software and the Service for any unlawful activities.
10.14. You agree to defend, indemnify and hold Us harmless against any claim or action that arises from Your Use of the Software and The Service in an unlawful manner or in any manner inconsistent with the restrictions and policies of this agreement.
10.15. You will not create or Use an Originator ID which deliberately hides Your identity, infringes copyright and/or trademarks, or attempts to disguise Your message as appearing to originate from another party or organisation. In doing so, Your right to The Service will be suspended and/or terminated immediately.
10.16. You
will not Use the Software and the Service to compete against Us.
10.17. We reserve the right to contact any clients or end Users to gain
information and/or statements for evidence from such if We believe there has
been misuse of The Service. We have a legal responsibility under the Electronic
Communications Act 2000 and the regulations set out by The Data Protection act
1998 and PhonePayPlus (the shortcode regulatory body) to protect a person or
persons from attempted misuse of The Services.
10.18. Use of Your own data. We provide a facility to upload Your own data and numbers to The Service. Any person added to The Service should be sent a message informing them of what messages they will receive in the future from You and must contain details of clear opt out instructions.
You may have additional responsibilities set forth elsewhere in this agreement.
10. Our Responsibilities.
A. What You Receive Under This Agreement.
10.1. We grant to You an individual, personal, non-sub licensable, non-exclusive and non-transferable license or right to Use Our The Service pursuant to the terms and conditions set forth in this agreement and as they may be modified on Our Web site.
10.2. We do not guarantee the continuous availability of the service or of any specific feature. We will inform You via its Web site only of any significant changes to The Service or this Agreement.
10.3. We
cannot guarantee that any message submitted to the network is ultimately
delivered to a mobile phone/end User. Third party networks and infrastructure
form part of The Service and Mobile Phones may be out of range, switched off,
barred, faulty or otherwise defunct and unable to receive messages. Reports are
provided for You to identify why messages cannot be delivered and it is Your
responsibility to de-activate or quarantine undeliverable/problem mobile
numbers. Any message accepted by the network is chargeable to You. We are not
responsible for validating the numbers contained in Your database or uploaded
files except for checking if each number has the correct number of digits or
appears to be a valid number.
10.4. We only provide The Service for Use in the United Kingdom and Northern
Ireland.
B. Our Privacy Policy and Confidentiality.
10.5. It is Our policy to respect the privacy of Our Users.
10.6. We will not share, rent, sell, or trade personal information (including mobile numbers or e-mail addresses) identifying Our customers or Users to third parties unless instructed to do so by OFCOM, PhonePayPlus or The Police.
10.7. We will not share, rent, sell, or trade data contained in Your account. We, however, may Use this information to contact You to insure that You are satisfied with Our products and services, to learn about any ideas You may have to improve Our offerings, to call Your attention to additional or new offerings or services, and communicate other information.
10.8. We may send e-mail to Your registered e-mail address concerning Our news or additional services We believe may be of interest to You.
10.9. We may ask You to provide demographic or personal preference data. If You provide such data, We may Use it to analyse the characteristics of Our customers and visitors. We may also Use the data to customise the specific information provided to You, or tailor it to better meet Your needs.
10.10. Your data is confidential. Our privacy policy is subject only to Our obligation to comply with applicable laws and lawful government requests, to operate Our business properly, and to protect Our Users or Us.
10.11. We reserve the right to contact You about changes or alterations to the service, or additional offerings or services. You may request that You not receive informational e-mail messages not related to Your activity or current Use by e-mailing us.
10.12. We reserve the right to change Our privacy policy. Notice will be sent by e-mail to Your registered address.
10.13. We deliver messages through a variety of private and public systems. We do not guarantee privacy.
10.14. We will cooperate with any legitimate law enforcement agency if Our messaging services are suspected of Use for any unlawful or improper purpose.
11. Warranty and Disclaimer.
11.1. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3 Limitation of Liability.
11.3.1. Our LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY You IN THE TWO (2) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY.
11.3.2. We SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THE COST OF ANY SUBSTITUTE PROCUREMENT), FORESEEABLE OR NOT AND EVEN IF We HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The Service IS AT Your RISK. You WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO Your COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF The Service.
12. Support.
12.1.We, or Our designee, shall provide e-mail support only. It has no obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or other support unless there is a separate written contract to that effect.
13.
Provision of Contact and Billing Information and Payment of Fees, Products or
Services.
13.1 Failure
to maintain Your contractual obligations or operating The Service not in
accordance with these Terms and Conditions may result in termination of service
and withdrawal of access to the site or to The Service We provide for You.
13.2. Additional Worldpay refund policy. We use the billing services of a third-party, Worldpay. When purchases are made via Worldpay, You are offered seven full days to cancel and are entitled to a full refund. If any products or messages are Used during the seven day period this right is waived. Refund applications must be made in writing either by Email or by letter to Our registered address - Woodlands, West End Lane, Warton, Preston, Lancashire, UK. PR41TA. This does not affect Your statutory rights.
14. Passwords and Security.
14.1. You will choose all applicable passwords to Use in connection with The Service.
14.2. You are responsible for maintaining the confidentiality of Your passwords and access to The Service.
14.3. You are entirely responsible for any and all activities that occur under Your Use of The Service. You shall ensure that You exit by form of 'Logout' from Your account at the end of each session.
14.4. You shall notify Us immediately of any unauthorised Use of Your account.
14.5. You may not allow any third party, related or unrelated, to Use Your account, unless they have been granted the Use of the service as a Sub User. All Terms and Conditions still apply and it is Your responsibility to ensure that Your account is operated under these Terms and Conditions.
14.6. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
15. Termination.
15.1. Either party may terminate this Service Agreement by notifying the other party in writing at least thirty (30) days notice.
15.2. We, in Our sole discretion, may terminate Your Use of the Service if You fail to comply with this Agreement. No refunds will be given.
15.3. We will archive Your data after termination and will keep this up to 7 years. We may, but is not obligated to, delete archived data. We reserve the right to cease offering the Service to no-charge Users at any time without notice.
18.4. Upon expiration or termination, You will immediately cease all Use of the Service, including Our Software and any documentation. Termination is not an exclusive remedy. All other remedies will be available. Your payment obligation will survive termination.
15.5. If You are dissatisfied with the Service or with any of Our terms and conditions, Your sole and exclusive remedy is to discontinue the Service and Terminate any agreement subject to Your liabilities as set forth in this document, any agreement We have or contract both parties have agreed to.
16. Third Party Links.
16.1. We may provide links to other internet sites or resources. We have no control over such sites and resources. You therefore agree that We are not responsible for the availability and content of other internet sites or resources.
16.2. You agree further that We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
16.3. You agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Use of or reliance on any such content, goods or services available on or through any such site or resource.
17. Non-Waiver of Additional Rights.
17.1. This Agreement is between Us and You. It is not for the benefit of any third party, whether directly or indirectly (including any User accessing The Service by means of an account established by You). The failure of either party to exercise any right provided will not be deemed a waiver of any further rights.
18. Effect of Invalidity of a Provision of This Agreement.
18.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
19. Non-Assignability of This Agreement.
19.1. This Agreement is not assignable, transferable or sub-licensable by You except with Our prior written consent.
20. One Year to Bring a Claim.
21.1. You agree that any cause of action or claim arising out of or related to The Service and this Agreement must be filed with a court or other governmental agency having jurisdiction within one (1) year after the cause of action or claim arose. Otherwise, the cause of action or claim is barred.
21. Sole Agreement of the Parties.
24.1. This Agreement is the complete and exclusive statement of the mutual understandings of the parties. It supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in writing signed by both parties, except as otherwise provided herein. There are no oral agreements or side agreements of any type.
22. No Agency Created By This Agreement.
22.1 No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority to bind Us in any respect.
23. No Solicitor Fees or Costs Available.
23.1. In any action, complaint, administrative proceeding, informal complaint to any court or agency, to enforce rights under this Agreement, neither the prevailing nor the losing party will be entitled to recover costs and/or fees.
24. Notices.
All notices must be in writing. A notice is deemed to have been given:
24.1. When received, if personally delivered;
24.2. When receipt is electronically confirmed, if transmitted by facsimile or e-mail;
24.3. The day after it is sent, if sent by next-day delivery by recognised overnight delivery service; and
24.4. Upon receipt, if sent by certified or registered mail, return receipt requested.
25. Agreement in English.
18.1. This Agreement and all related documents have been prepared in English with the consent of the parties.
26. Nature of This Agreement.
19.1. The parties acknowledge that they have met over the internet, that they have not met in person and have not had any direct telephonic contact prior to agreement, that this agreement has been provided by Us to the customer over the internet and through the Web site, that this agreement has been executed electronically, that there is no hard or paper copy of this agreement, that the parties consent to the manner and circumstances of the making of this agreement, and that said agreement is to have the full force and effect of any agreement prepared in writing.