1. Individual 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"), when you agree with the statement on our web site registration form: "I AGREE TO THE TERMS AND CONDITIONS."

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.

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 ENFORCEABLE BY TEXTVERTISING. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, DO NOT INDICATE AGREEMENT WITH THE STATEMENT ON OUR WEB SITE REGISTRATION FORM: "I AGREE TO THE TERMS AND CONDITIONS."

THE REGISTRATION PROCESS WILL TERMINATE. YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE.

TERMS OF USE AGREEMENT

Definitions

The definitions below and any definitions used elsewhere in this agreement are binding upon the parties.

1. The Service. The "Service" consists of a browser interface, data transmission, data access (as available) and, if applicable, data storage. The "Service" includes a web-site under the domain names Textvertising.co.uk and Mytext.info as controlled by Textvertising Ltd.

2. You and Yours. "You" and "yours" means each user or customer accessing the Service by means of a valid account established by you. 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.

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.

4. Internet Service Provider. "Internet Service Provider" or "ISP" is any entity which allows access to the internet or worldwide web.

5. "Sender ID" is who shows as the sender of any message on a persons mobile phone as a result of using the service as a broadcasting media.

6. Textvertising Ltd. Software submits messages from internet browsers via our own software to certain messaging servers that are designed to send messages to short messaging service compatible devices such as mobile phones and is proprietary.

7. 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.

8. Our or We. "Our" or "we" refers to Textvertising Ltd.

9. "Systems". "The Systems" consists of computer equipment including servers, telecommunications devices, internet connection devices and digital storage media.

10. "Text Message". Short Messaging System utilised by modern mobile communications devices to send plain text data to other devices

11. "Keyword" A keyword is a word which is chosen upon applying for the service. The keyword is used for a person or persons to register or "opt in" to the service by text message.

11. "Shortcode". Our service consists of a 5 digit shortcode '82055' to enable a person to communicate with our systems by text message using a keyword.

12. "Reverse Billing". A message delivered to a handset which charges the end user a predetermined amount for receiving the message.

13. "Premium Rate". A service that is provided to send 'Reverse Billing' Messages.

14. "Out-payments". Payments made to you from revenue generated by using Premium Rate Services.

SPECIFIC TERMS AND CONDITIONS

1. Your Responsibilities.

You understand that use of any product or service that Textvertising 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.

You are responsible for obtaining and maintaining all computer software, hardware and communications and other equipment required to use the Service.

You are responsible for paying all third-party access charges such as ISP or telecommunications incurred.

You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Textvertising Software.

You will not modify, translate, or create derivative works based on the Textvertising Ltd Software and Service.

You will not rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Textvertising Software and Service.

You will not use the Textvertising Software and Service for the benefit of a third party.

You understand and agree that the Textvertising Software is proprietary. You agree not to publish or disclose to third parties any evaluation of the Textvertising Software without our prior written consent.

You acknowledge that Textvertising retains 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,

i. You will not use the Software and the Service for creating or sending junk mail, 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. Your messages must also clearly state who they are from, how you can be contacted and how the recipient can opt out of receiving your messages.

ii. You agree not to transmit or permit anyone to transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind.

iii. 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.

iv. You will not use the Software and the Service for any unlawful activities.

v. You agree to defend, indemnify and hold Textvertising Ltd 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.

vi. You will not create or use a Sender ID which deliberately hides your identity, infringes copyright and/or trademarks, or attempts to disguise your message as from another party or organisation. Any person, business or organisation will have their service terminated immediately if it is found that any of the above have been breached. 

vii. You will not use the Software and the Service to compete against Textvertising Ltd.

viii. You are provided use of one or more keywords on our shortcode by prior arrangement in addition to the service described above. Use of the number is strictly monitored and activity is recorded. Neither keywords nor the shortcode are owned by you and Textvertising reserve the right to withdraw any keywords, the use of the shortcode or any other part of the service without notice at any time if payment is not made for such services within the time periods agreed. Where part of or all services are withdrawn, we cannot guarantee that the same services can be provided after being withdrawn.

ix. The shortcode 82055 can only be used as a Sender ID to enable two way messaging from your Textvertising account. You are not permitted to use it with a broadcasting service provided by a third party other than Textvertising Ltd without prior arrangement. This will be classed as misuse and we reserve the right to terminate the service and your access to any account you hold with us immediately and may seek take legal action. To comply with the Electronic Communications Act 2000, all numbers sent through our systems are recorded to provide an accurate way for clients to opt in or out of receiving messages sent via our systems. By using a third party system you will be deemed to be attempting to override this facility.

x. Textvertising Ltd reserve the right to contact any clients to gain information and/or statements if we believe there has been misuse of any part of the system using the shortcode. We have a legal responsibility under the Electronic Communications Act 2000 and the regulations set out by OFCOM and ICSTIS (the shortcode regulatory body) to protect a person or persons from attempted misuse of the services we provide.

xi. Where the service is being used for Charity Donations, Textvertising make a small charge of 5% of any donation received to cover our costs in providing such a service. No gift aid or similar benefit is claimed by Textvertising in respect of any donation. All donations are subject to the normal network/aggregator fees.

xii. Payment of fees from reverse billing services: All monies are paid approximately 45 days in arrears of the billing month end and are subject to out-payment from the network. Each network pays differently in respect of each amount. Outpayments from T-Mobile and Virgin can be up to 90 days in arrears. An online report is available to check revenue generated and any amount owed to you. We will confirm in writing the amount due to you on request between the 7th and the 17th of each month. We will also supply the date, number, network and time of each successful and unsuccessful request made. The report will be full and final and subject to our out-payment chart which is available on request. Payments can be made to you when your out-payment exceeds £50 at no cost. However out-payments claimed below £50 can be claimed at a cost of £7.50 (to cover bank charges) or banked until the amount due exceeds £50 redeemable at any time.

xiii. Marketing of Reverse Billing and Premium Rate services: When offering a premium rate service, you must clearly state the charges that the customer will pay. This should consist of the reverse billed charge being applied and that the user will also pay one standard text message at that network rate. Premium rate services must also clearly state who it is available to. This will normally be persons over the age of 16 or those with permission from the bill payer. Incorrectly displaying the charges of the service, not displaying the charges, making the charges illegible or providing misleading information to customers may result in immediate termination of the reverse billing service without notice and may result in action against you by ICSTIS.

xiv. Subscription Services: Where a reverse billed subscription service is provided to clients, the message sent to the client must contain clear opt out instructions.

xv.  Fraudulent Use. Textvertising Ltd provide the service in good faith for legitimate services to operate. We work closely with the UK networks to monitor for activity that may appear fraudulent including activities that are against our terms and conditions, those of PhonePayPlus, those of our aggregators or networks or against the Law. It is strictly forbidden to use our services to operate any service that is fraudulent (including money laundering or providing of spoof services). If Textvertising Ltd recognise transactions that appear to originate from multiple single MSISDN's or higher than normal traffic on any particular network, we may suspend any service whilst we investigate. During any investigation we will withhold out payments until any investigation has been resolved. Out payment will be made once Textvertising Ltd and or the involved networks or other involved parties are satisfied that the service was operated within each parties terms and conditions, regulations and the Law.

xvi. Use of own data. We provide a facility to upload your own data and numbers to the system. Any person added to the system should be sent a message informing them of the intended use of their personal data and details of the service you are providing and giving clear opt out instructions. Where a customer requests to stop the service, an email will be sent to you asking for their number to be removed. Numbers will be removed automatically from any online data that we hold, but the responsibility to ensure no more messages are sent to the client remains with you.

You have additional responsibilities set forth elsewhere in this agreement.

3. Our Responsibilities.

A. What You Receive Under This Agreement.

Textvertising Ltd grants to you an individual, personal, non-sub licensable, non-exclusive and non-transferable license or right to use our service pursuant to the terms and conditions set forth in this agreement and as they may be modified on our web site.

Textvertising Ltd does not guarantee the continuous availability of the service or of any specific feature. Textvertising Ltd will inform you via its web site only of any significant changes to the Service or this Agreement.

Textvertising provide a built in system to monitor the throughput of messages. Messages "not accepted" at submission to the network are credited back to you automatically in real time.

Textvertising cannot guarantee message delivery to the end user once the network has accepted your message as third party networks form part of the service. Reports are provided for you to identify why messages cannot be delivered and it is your responsibility to de-activate or quarantine undeliverable/problem numbers. Any message accepted by the network is chargeable. Textvertising 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 is the correct format.  

Textvertising only provide the service for use in the United Kingdom, Northern Ireland, The Channel Islands and The Isle of Man.

B. Our Privacy Policy and Confidentiality.

It is our policy to respect the privacy of our users.

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.

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.

We may send e-mail to your registered e-mail address concerning our news.

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 customize the specific information provided to you, or tailor it to better meet your needs.

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 ourselves.

We reserve the right to contact you about your account status or 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 account activity or current use by e-mailing to support @ textvertising.co.uk.

Textvertising Ltd reserves the right to change its privacy policy. Notice may be sent by e-mail to your registered address.

Textvertising Ltd delivers messages through a variety of private and public systems. We do not guarantee privacy.

Textvertising Ltd will cooperate with any legitimate law enforcement agency if our messaging services are suspected of use for any unlawful or improper purpose.

C. Warranty and Disclaimer.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEXTVERTISING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TEXTVERTISING DOES 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.

4. Limitation of Liability.

TEXTVERTISING'S 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.

TEXTVERTISING 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 TEXTVERTISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

5. Support.

Textvertising Ltd, or its designee, shall provide e-mail support to non paying customers and also provide telephone support to paid service customers. 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.

6. Provision of Contact and Billing Information and Payment of Fees, Products or Services.

Failure to maintain your contractual obligations or operating your service not in accordance with these Terms and Conditions may result in termination of service and withdrawal of access to the site or to any services we provide for you.

Additional RBS Worldpay refund policy.
Textvertising Ltd uses the billing services of a third-party, RBS Worldpay.

When purchases are made via RBS 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. This does not affect your statutory rights.

7. Passwords and Security.

You will choose all applicable passwords to use in connection with the Service.

You are responsible for maintaining the confidentiality of your passwords and account.

You are entirely responsible for any and all activities that occur under your account. You shall insure that you exit by form of 'Logout' from your account at the end of each session.

You shall notify Textvertising Ltd immediately of any unauthorised use of your account.

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.

Textvertising Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

8. Termination.

Either party may terminate this Service Agreement by notifying the other party in writing at least thirty (30) days before the termination date.

Textvertising Ltd, in its sole discretion, may terminate your use of the Service if you fail to comply with this Agreement. No refunds will be given and any unused messages will be lost.

You will pay in full for the Service up to and including the last day of the current billing cycle. To cancel the Service or change the type of service, you must contact us in writing. All such requests received prior to ten (10) days of the end of the customer billing cycle will incur no additional charges. Requests for cancelled or changed service received within ten (10) days of the end of the customer billing cycle may incur one additional month of charges.

For Prepay type accounts, any messages remaining on the account will be lost. No refunds will be given.

Textvertising Ltd will remove the data of an account after termination. Textvertising Ltd 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.

Upon expiration or termination, you will immediately cease all use of the Service, including the Textvertising Ltd Software and any documentation. Termination is not an exclusive remedy. All other remedies will be available. Your payment obligation will survive termination.

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.

Refund of fees: A refund of fees may be paid if the account has been used correctly and we are notified in writing within 28 days of account inception. If Textvertising terminate the service due to a breach of this agreement or any applicable laws governing use of such services, no refund of fees will be given.

9. Third Party Links.

Textvertising Ltd may provide links to other internet sites or resources. We have no control over such sites and resources. You therefore agree that Textvertising Ltd is not responsible for the availability and content of other internet sites or resources.

You agree further that Textvertising Ltd does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You agree that Textvertising Ltd 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.

10. Non-Waiver of Additional Rights.

This Agreement is between Textvertising Ltd 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.

11. Effect of Invalidity of a Provision of This Agreement.

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.

12. Non-Assignability of This Agreement.

This Agreement is not assignable, transferable or sub-licensable by you except with Textvertising Ltd prior written consent.

13. One Year to Bring a Claim.

You agree that any cause of action or claim arising out of or related to this 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.

14. Sole Agreement of the Parties.

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.

15. No Agency Created By This Agreement.

No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority to bind Textvertising Ltd in any respect.

16. No Solicitor Fees or Costs Available.

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.

17. Notices.

All notices must be in writing. A notice is deemed to have been given:

i. When received, if personally delivered;

ii. When receipt is electronically confirmed, if transmitted by facsimile or e-mail;

iii. The day after it is sent, if sent by next-day delivery by recognised overnight delivery service; and

iv. Upon receipt, if sent by certified or registered mail, return receipt requested.

18. Agreement in English.

This Agreement and all related documents have been prepared in English with the consent of the parties.

19. Electronic Nature of This Agreement.

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, that this agreement has been provided by Textvertising Ltd to the customer over the internet and through the SMS 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.