In the event of delayed payment, The Service Provider reserves the right to bar the Customer's access to the SMS Responder Service.

Transcription

1 lterms and Conditions for the SMS Responder Service RESPONDER TECHNOLOGY LIMITED ( The Service Provider ) RESERVES THE RIGHT, AT ANY TIME, TO MODIFY THESE TERMS AND CONDITIONS BY POSTING REVISED TERMS AND CONDITIONS ON THEIR MAIN WEBSITE OR THE SMS RESPONDER WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD (AND AGREE TO BE BOUND BY) THESE TERMS AND CONDITIONS AND THAT THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE. 1. Registrations You are responsible for providing and maintaining a cellular phone and ensuring connection to a cellular network capable of receiving the SMS Services. You also confirm that you have the consent of the owner or legitimate user, of the cellular phone(s) you are registering for the SMS Responder Service. SMS Responder Service All registrations to be granted an account on the SMS Responder Servers are subject to acceptance by The Service Provider. Any acceptance of your registration by The Service Provider is subject to these Terms & Conditions. The Service Provider will provide instructions on how to access the SMS Responder Service. The Service Provider reserves the right to change instructions, locations of servers and methods of accessing SMS Responder servers at any time. The Service Provider will advise the Customer in advance of any such changes. The Customer must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, the Customer must provide all equipment necessary to make such a connection to the internet. 2. Risks The Customer agrees that, by definition, access to the internet, Public Networks and other communication media is associated with risks including but not limited to, authentication, data security, privacy, and availability of services and reliability of transmission. The Customer agrees to bear full and exclusive responsibility arising from such risks and consequences of the usage of the SMS Responder Service. 3. Message Expiry Times Your mobile network will usually try to send SMS/text messages for 24 hours. Normally all messages should be received within 10 minutes of sending. 4. Service Availability You acknowledge that the SMS Responder Services may, at any time, be adversely affected by problems with your cellular phone network, including, without limitation, interference to the network coverage. The Service Provider shall not be responsible or liable to you for any loss, damage or expenses incurred directly or indirectly by you as a result of any difficulties experienced by your cellular phone service provider. Subject to the constraints described above, The Service Provider will carry out the Service(s) with reasonable care and skill. This does not affect any other statutory rights you may have as a consumer. 5. Force Majeure The Service Provider shall not have any liability to you for any delay or failure to deliver the SMS Responder Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of The Service Provider including, but not limited to the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the SMS Services), telephone or

2 other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes. 6. Customer Support In the main customer support is accessed through ing There are two mobile phone numbers that can be called if there is an emergency that requires immediate attention and those are supplied to customers who qualify for that particular level of support. 7. Data Protection In its handling of data, the Service Provider shall adhere to the Data Protection Act 1998 and any other relevant legislation as amended from time to time. The information and data ("personal data") which is provided by you when you register for the SMS Responder Services will be held on the computers and manual records of, and will be used by the company. Should your organisation become part of an association then the protection and sharing of your data ("personal data") will be your responsibility and any failing caused by your sharing of your data is not the responsibility of The Service Provider. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you that is held by any of the companies. You are also entitled to require the rectification, erasure or blocking of any such information or data which is inaccurate or not up-to-date and held by the companies. If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to The Service Provider at the address below stating your full name and address and providing any other relevant information. The Customer acknowledges that SMS message content is transmitted unencrypted and that access by unauthorised third parties to mobile phone communications, including SMS delivery, is possible. 8. Intellectual Property You agree not to publish, copy or forward on any data received by you as part of the SMS Responder Services to any third party. Neither party shall without the prior consent of the other disclose, publish or make use of for its own or any purposes any confidential information concerning the other which may come to its knowledge as a result of the discussions leading to this Agreement or anything done pursuant to it PROVIDED THAT this provision shall not apply to the disclosure or publication of any confidential information to any person having a legal right or duty to obtain or require such confidential information in or for the purpose of any legal proceedings or arbitration to which The Service Provider or the Customer may be a party or where such confidential information has been disclosed or published to the general public (other than as a result of a previous unauthorised disclosure publication or use for its own purpose by either of the parties) and for the avoidance of doubt this Clause 8 shall remain in full force and effect notwithstanding the termination of this Agreement howsoever caused Without prejudice to the generality of the foregoing the Service Provider reserves the right to disclose to any person any information relating to the SMS Facility, any SMS and the associated services of the Customer in circumstances in which such disclosure is made for the purpose of assisting any civil or criminal investigations or proceedings or for the purpose of assisting or advising any Regulatory Body or as otherwise required by law. The Service Provider may also include the Customer s company name and service description in its own promotional material, as a customer of The Service Provider.

3 9. Technical Alterations The Service Provider reserves the right to carry out technical alterations to its equipment. The Service Provider shall make reasonable efforts to inform the Customer of alterations prior to carrying them out. 10. Price and Payment All our prices are exclusive of UK VAT as The Service Provider does not charge VAT currently on its services, except in the case of manifest error, the prices payable for the SMS Responder Services that you use are as set out on the main website or the SMS Responder website at the time at which you place your registration. In the event of delayed payment, The Service Provider reserves the right to bar the Customer's access to the SMS Responder Service. The Service Provider shall bill the Customer for the transmission of SMS text messages using the Service Providers Server records. If the Customer contests the bill, the Service Provider will undertake technical investigations the findings of which shall be deemed to be conclusive. The charges specified by each individual mobile network operator apply to the transmission of SMS text messages on mobile networks of third parties. The Service Provider reserves the right to pass on any charges it receives from other operators to the Customer. You will be given 7 days notice of any price changes via an SMS direct to your cellular phone or to your address provided when you registered for the SMS Responder Service Pay per Text Alerts You will be billed for the SMS Responder Texts that you use in a given month on your monthly bill sent either by post or via . PrePayed Schemes You will be billed for the SMS Responder Texts that you use in a given month on your monthly bill sent either by post or via . However your bill will include you prepaid month total, providing you have not exceeded the monthly amount of prepaid message. If you have exceeded then you monthly bill will include your prepaid as well and you excess message charged at the higher rate. Long Text Messages SMS Responder enables you to send concatenated ( Long ) messages. Sending more than a single text as the make up of your message will result in a charge for each message send to a maximum charge of three standard rate messages. Association Messages If your organisation joins an Association with other organisations within SMS Responder and you initiate a message, your organisation will be billed for all the messages sent to that association. First Call System Should you utilise the First Call system to allow external entities to send a message to your nominated members you are responsible for the associated charges related to First Call operation. 11. Default Either party shall have the right at any time to terminate this Agreement immediately by giving notice to the other party if the other party:-

4 a. commits a breach of this Agreement and fails to remedy the breach within 21 days of receipt of a written notice to do so; or b. commits a material breach of this Agreement; or c. commits any act of bankruptcy. Any waiver by service provider of its rights in respect of a breach by the Customer of any provision of this Agreement shall be limited to the particular breach and shall not operate in any way in respect of any future breach or continuance of the same breach by the Customer, and no delay on the part of The Service Provider to act upon a breach or to exercise its rights hereunder shall be deemed either a waiver of that breach or a waiver of The Service Provider s right to exercise any such rights. Where The Service Provider grants access to the SMS Responder Service or provides services to the Customer and/or conveys short messages to Service Users and any of the conditions set out in this Agreement have not been satisfied The Service Provider shall have the right, at any time and from time to time, to require the Customer to fulfil each such condition to The Service Provider's satisfaction and failure by the Customer to do so within 48 hours shall be considered a material breach of this Agreement for the purposes of Clause 11 and the Customer hereby expressly agrees that The Service Provider's rights shall be unaffected by the provision of any such services by he Service Provider prior to the date of such request. 12. Termination a. The Service Provider shall (notwithstanding anything to the contrary in this Agreement) have the right at any time to terminate this Agreement upon 14 days written notice to the Customer without incurring any liability to the Customer. b. This Agreement may be terminated at any time by either party if either party is disabled from performing its obligations hereunder by reason of force majeure for any continuous period in excess of 60 days. c. The Service Provider shall be entitled at any time and with immediate effect to suspend access to the SMS Facility and/or cease to convey short messages and/or terminate this Agreement in all cases without liability in the event that any licences or any other permission or authorisation necessary for the operation of the SMS Facility or for interconnection with the Public Networks or for the provision to the Customer and/or to Service Users of access to the SMS Facility and/or to any short messages is revoked or in the event that this Agreement or anything contemplated hereunder is alleged or determined to be in contravention of any such Regulatory Body requirements, licences, permissions or authorisations or of any relevant legislation or of the rights of any third party or is or becomes or is alleged to be or have become otherwise unauthorised in any way and The Service Provider makes no warranty or representation that the provision to the Customer and/or to Service Users of access to the SMS Facility and/or to any short message or any associated service in whole or in part, is permitted under such licence, permission, authorisation or legislation. d. Termination of this Agreement shall be without prejudice to any rights that either party may have against the other under the terms of this Agreement which have accrued up to the date of termination. e. On the termination of this Agreement The Service Provider shall as soon as practicable prevent access by the Customer to the SMS Facility and any related short message. f. On termination of this Agreement (howsoever caused) those provisions of this Agreement capable of surviving termination (including but not limited to Clauses 8 and 17 hereof) shall continue in full force and effect. 13. Jurisdiction This Agreement and the performance of all obligations hereunder shall be governed according to English Law and the parties hereto hereby submit to the jurisdiction of the English Courts.

5 14. Interpretation If any term of this Agreement is held invalid, illegal or unenforceable, the remaining terms shall not be affected. You, the Customer, must comply with all laws, regulations, obligations and restrictions which apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of The Service Provider. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be construed as being a waiver of that or any other right. 15. Service of Notice Any notice or other communication given under this Agreement shall be in writing in the English language and shall be:- a. sent by ; or b. sent by pre-paid first class post; or c. sent by fax (confirmed by pre-paid first class post placed in the post on or on the day after the date of transmission); Any notice given under Clause 15 shall be deemed to have been received: i. on the next business day following the sending of an ; or ii. on the second business day from and including the day of posting in the case of pre-paid first class post; or iii. on the next business day following the day of transmission in the case of facsimile (confirmed by pre-paid first class post as provided above). d. In this Clause 15, business day shall mean any day other than a Saturday, Sunday or a public holiday in the United Kingdom. 16. Third Party Rights The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to this Agreement or any agreement, arrangement, understanding, liability or obligation arising under or in connection with this Agreement and nothing in this Agreement shall confer on any third party the right to enforce any provision of this Agreement. 17. Liability UNLESS AGREED OTHERWISE IN WRITING, THE SERVICE PROVIDERS MAXIMUM LIABILITY TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE SMS RESPONDER SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE SERVICES IN QUESTION ("PAYMENT AMOUNT"). THE SERVICE PROVIDER SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR: (I) ANY DIRECT LOSS IN EXCESS OF THE PAYMENT AMOUNT; OR (II) ANY CORRUPTION TO DATA OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE SERVICE PROVIDER FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 18. Entire Agreement These Conditions together with the current Service prices and contact details on this website, set out the whole of the agreement between you and The Service Provider. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by The Service Provider. The Service Provider employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by The Service Provider. You confirm that you do not rely on, and waive any claims for breach of, any such representations which are not so confirmed.

6 Acceptable Use Policy SMS Content The service Provider does not actively monitor nor does it exercise any editorial control over the content of any message. The Service Provider shall not be considered responsible for the content of any SMS message sent or received over the SMS Responder service. The sender is responsible for the content of messages sent. Our customers are required to agree, and we will make reasonable efforts to ensure, that SMS messages sent through the SMS Responder service 1. Conform to any applicable laws, regulations or codes of conduct (including but not limited to the ICSTIS Code of Practice) and the laws (including but not limited to the Consumer Protection (Distance Selling) Regulations 2000 (S.I. No. 2334)) in the territories covered by this agreement and those of the sender and intended recipient. Since 11 December 2003 it is unlawful to send an unsolicited SMS marketing message to an individual. 2. Do not contain any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, may constitute junk mail, unauthorized advertising or harassment, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any local, state, national or international law or regulation. 3. Do not contain material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws 4. Are only sent to recipients who have previously given their consent to receiving such messages. 5. Clearly indicate how the recipient can contact the sender. This can be done in the body of the message or by specifying the Sender / ReplyTo field of the message. If The Service Provider becomes aware of any breach of this policy it will immediately contact the sender of the offending message and request that the sender in future conforms to this policy. Further breaches of this policy are likely to result in the withdrawal of the service without notice. Sender / ReplyTo field All Accounts setup on the SMS Responder Service have the facility to set the ReplyTo field. You may set it to either a text string of up to 11 characters or an international telephone number of up to 15 characters All account holders or users of the system can, by design, amend the Sender / ReplyTo field of the outbound SMS Messages. The Service Provider expects that all account holders and there respective users do not abuse this ability and attempt to send message that purport to come from a party other than the actual originator of the message. If such abuse is brought to the attention of The Service Provider, it will be investigated immediately and the offending originator will be requested to stop, further breaches of this policy are likely to result in the withdrawal of the service without notice. RESPONDER TECHNOLOGY LIMITED 10 Oak Road Princes Risborough BUCKINGHAMSHIRE HP27 0BW