TextAnywhere

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TextAnywhere Terms and Conditions

Last Modified: Version 21 - 24th May 2018

TextAnywhere™ enables organisations to send and receive text messages between web and email-based applications, and mobile and landline phones.

The TextAnywhere portfolio consists of the following range of services:

TextOnline™ enables you to send and receive SMS text messages to any mobile phone from any web-connected PC, and view the message delivery success, where you only pay for the messages that you send.

TextCampaign™ enables you to create and manage online your own bulk SMS message campaigns, enabling replies to be received and delivery status to be reviewed, where you only pay for the messages that you send.

TextMail™ enables SMS messages to be sent from any email system, with replies and delivery statuses returned to you by email, where you only pay for the messages that you send.

TextOMS™ enables SMS messages to be sent and received from within Microsoft Outlook 2007 (and upwards) using Microsoft’s built-in OMS function, where you only pay for the messages that you send.

TextAlert™ enables IT system messages in email format to be translated into one or more text messages and then forwarded to one or more pre-defined mobile phones.

TextPremium™ enables you to create, manage and monitor your own short code service, used for marketing promotions, and as a means to run revenue-generating services.

TextInbound™ enables organisations to receive SMS text messages through your own dedicated phone number, with free-to-use applications to run quizzes, votes, and automated response services.

TextChat™ enables you to receive inbound messages via TextInbound or TextPremium and forward to designated lists of recipients forming a text conversation.

TextSurvey™ allows you to create a simple, single or multi-question SMS survey in minutes, and be receiving invaluable client or patient feedback by return text message.

TextPartner™ enables organisations to offer a full white label suite of SMS services as their own, in their own livery, hosted and managed by TextAnywhere.

Developer Toolkit enables you to integrate a two-way text-messaging capability within your own applications and websites, where you only pay for the messages that you send.

In addition there is a TextAnywhere Reseller Program where partners can introduce clients to TextAnywhere and receive a commission on the introduced clients’ monthly revenue.

1. Charges

Unless specified otherwise, all charges are in pounds sterling and exclude VAT, which will be applied at the prevailing rate, where applicable. Specific charges and volume discounts for the range of services and software can be found on our website.

To settle your account by Direct Debit, please complete the Direct Debit form (click here to download the form) and post it to the following address:

TextAnywhere
Finance Department
Indigo House
Sussex Avenue
Leeds
West Yorkshire
LS10 2LF
United Kingdom

Clients can opt for an account to be charged and settled in a currency of their choosing. Please contact us for a non-Sterling account.

TextAnywhere reserves the right to vary pricing and volume discounts on giving you 28 days’ notice in writing.

2. Discounts For Qualifying Organisations

Organisations belonging to the following industry sectors can take advantage of the TextAnywhere Qualifying Organisation Discount scheme:

  • Academic organisations: schools, colleges and universities
  • Armed Forces: Army, Navy, and RAF
  • Charities
  • Emergency Services: Ambulance, Fire, and Police
  • Housing Associations
  • NHS: including PCTs, hospitals, surgeries, and practices

All qualifying organisations are entitled to receive a 15% discount on all our products and services. This includes message charges, TextInbound, TextAlert and TextPremium shared short code services. Some larger Message Packs and monthly message charges do not attract the full 15% discount.

The discount on message charges applies to both credit accounts (where each of the monthly volume-based price bands is discounted), and pre-pay accounts (where each of the pre-purchased message-packs is discounted).

To receive the discount, the qualifying organisation must either tick the appropriate box during registration, or contact TextAnywhere directly who will apply the preferential terms to their account directly.

3. Invoicing

If you are a pre-pay client who purchases our services in advance of their use, an invoice will be automatically sent to your designated email address at the time of purchasing the relevant service.

If you are a credit account client, an invoice will be generated and sent to either your email billing address, or that of your nominated Billing Contact (optionally given during registration), at the end of each month. The individuals within your organisation with administrator rights can also review current usage levels, purchase additional services, and view your account statement online at any time.

All current and past invoices are available from your Statement of Account, accessed from your online account’s Administration Panel.

4. Payment

Our usual terms of trade are prepayment of our services in advance of use.

Subject to credit clearance you may be eligible for a credit account in which case your payment can be made by monthly direct debit, monthly credit card or BACS transfer.

Payment is due 14 days after invoice date. Whilst reserving the right to close any overdue account and to take legal action for recovery of a due debt, our usual process is as follows:

  1. Payment reminders will be sent by email 25 and 37 days after the invoice date.
  2. If payment is not made within 51 days of the invoice date, then the account will be suspended.
  3. The invoice may also be referred to our debt recovery partner, and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred, will be the responsibility of the client and will be legally enforced.

Please note that you are charged for all free-to-receive messages that we send to the UK networks, on your behalf, for delivery to UK and international phones, regardless of whether a message is successfully delivered or not.

5. Free Trial Terms

TextAnywhere provides its clients with the ability to evaluate its message-sending services by means of a “Free trial”. The “Free trial” enables a client, who has previously opened a TextAnywhere evaluation account, to send 20 free text messages from their TextAnywhere account.

These free messages can be sent through TextOnline, TextCampaign, TextMail, TextOMS, TextSurvey and the Developer Toolkit.

The “Free trial” does not include free use of TextInbound, TextAlert or TextPremium short code/keyword rental. Any online purchase of these services, or any text messages sent beyond the free messages, will be charged to the client’s account at the standard, published rates.

Should a client wish to formally evaluate the services that fall outside of the terms of the “Free trial” (TextInbound, TextAlert and TextPremium), then please contact TextAnywhere directly who will, on a discretionary basis, be happy to arrange an extended, tailored service evaluation.

Once a client has sent their 20 free text messages, a client can continue using their account, with additional sent messages being charged to their account, in accordance with the standard, published rates.

6. Governing Law

This agreement shall be construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with the service.

7. Message Content

TextAnywhere processes messages on an automated basis. TextAnywhere is not responsible for the contents of a message or of its accuracy. TextAnywhere transmits messages in good faith and cannot be held responsible for the views or opinions of any message content, save for administrative messages generated by TextAnywhere. Examples of such administrative messages are account confirmation emails, service change emails and SMS messages, and monthly billing emails.

Customers warrant that message content sent by them complies with all local regulations in the destination country and indemnify TextAnywhere against all costs and fines that may be levied resulting from the sending of content that contravenes local regulations.

8. Appropriate Usage of Service

When you register, you must submit correct information regarding your identity, organisation and address details. It is not permitted to use any of the TextAnywhere services for illegal or unreasonable activities. Customers who send threatening or demeaning messages will have their account at TextAnywhere closed. TextAnywhere does not permit SMS “spam” and will close the account of any person or organisation who engages in unsolicited bulk messaging.

Customers warrant that they have obtained the required permissions from message recipients to receive messages as regulated by the appropriate authorities in the destination country and indemnify TextAnywhere against all costs and fines that may be levied resulting from the sending of messages to recipients that contravene local regulations.

Deliberate misuse of the TextAnywhere service, including obtaining message credits by deceit, will cause the customer account to be closed immediately. In the event of closure of the account any outstanding monies will fall due immediately.

If you have not followed the above guidelines, you agree to indemnify us against any costs, fines or other losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party.

9. TextPartner White Label Service Indemnity

Where you are running a TextAnywhere white label service (known as TextPartner) it is part of your TextPartner responsibilities to ensure your customers make appropriate use of the service only. If your customers have not followed the guidelines set out in clauses 7 and 8 you agree to indemnify us against any costs, fines or other losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party as a result of the actions of your customer.

You are liable to TextAnywhere for the services provided to your customers under the TextPartner white label service irrespective of any issue or dispute you may have with your customers.

10. Security

During registration of your account we will issue you with an administrator password which will enable you to set up other user names and passwords. These are essential for your organisation’s secure use of the service. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person.

If you believe that your username or password has been discovered or is being misused by someone else, then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may either suspend your use of the Services or change your password and then notify you of this.

Your TextAnywhere account provides you with a facility to set a maximum daily number of messages that can be sent through your account. We recommend that you use this facility to minimise any loss through the misuse of your account. TextAnywhere will not be held responsible for any misuse of your account.

11. TextPremium Additional Contract Terms

All Short Code services outlined in this document cover the UK networks only.

11.1 TextPremium payment terms

The set-up fee is payable in advance, on registration.

Your monthly Short Code and Keyword rental fee is payable in advance.

11.2 TextPremium appropriate usage of service

You must register with Phone-paid Services Authority (PSA), if appropriate, and agree to conform to the relevant legislation associated with the provision of premium rate telecommunications services. For more information we recommend that you review guidelines issued by the PSA.

11.3 TextPremium termination

The minimum contract rental period for a TextPremium Shared Short Code is one month. Termination thereafter is by serving not less than one month’s written notice.

The minimum contract rental period for a TextPremium Dedicated Short Code is three months. Termination thereafter is by serving three month’s written notice, actual cancellation will be up to three months dependent on the network’s cancellation cycles. TextAnywhere will only charge for the period where the service is available on any network.

TextAnywhere reserves the right to decline, or cancel with immediate effect, PSMS services that do not comply with prevailing network and PhonepayPlus regulations.

12. TextInbound Numbers

TextInbound numbers are rented on a monthly basis, with a minimum contract term of one month, with one month’s written notice, except for Golden numbers, for which the minimum contract term is twelve months, also with a minimum of one month’s written notice.

TextAnywhere reserves the right to replace a client’s TextInbound number under such circumstances as, for example, a network operator demands the return of a number or if the quality of the TextInbound service is not, in the opinion of TextAnywhere, at a satisfactory level. A replacement TextInbound number will always be provided.

All TextInbound numbers are UK numbers. Messages sent to standard TextInbound numbers (and as replies to outbound messages) are charged at the sender’s standard text message rate.

13. Message Packs

Message credits bought in advance through a Message Pack are valid for 24 months from date of purchase. TextAnywhere reserves the right to cancel message credits if the account is unused for 24 months unless written confirmation has been received to extend this period.

Refunds for message packs cannot be issued where message credits have been used from the purchased message pack.

14. Reseller Relationships

Organisations appointed by TextAnywhere are able to resell TextAnywhere products and services to UK-based organisations. These organisations are known as “Resellers”. A Reseller is not able to operate exclusively in any geographic or vertical market.

In selling a TextAnywhere service or product to a client, a Reseller is entitled to receive a commission on net revenue generated by the client.In

Please contact us at customercare@textanywhere.net for further details.

Reseller signs up as a client, is assigned Reseller status and is provided with a unique Reseller Code. This Reseller Code must be entered by any clients introduced to TextAnywhere by the Reseller during their registration on the TextAnywhere website.

From within the Reseller’s account, TextAnywhere makes available high level details of products and services used by the clients introduced by the Reseller. This includes the number of messages sent and products purchased or rented. It does not include details of any message content.

Also available online is the value of the commission earned by the Reseller in previous months against each client. To claim the commission a Reseller must submit a VAT invoice to TextAnywhere for the amount being claimed. The invoice can be submitted when either the commission reaches £500, exclusive of VAT, or on a quarterly basis, whichever is soonest. TextAnywhere will pay the commission earned within 14 working days of receipt of a valid invoice. Commission needs to be claimed by the Reseller within 12 months of being earned, otherwise it will be forfeited.

TextAnywhere reserves the right to withhold commission until the Reseller’s client has settled their invoices with TextAnywhere, against which the commission has been calculated.

TextAnywhere reserves the right to withdraw a Reseller’s right to sell TextAnywhere products and services where in the opinion of TextAnywhere a Reseller is misrepresenting TextAnywhere or is acting in a manner inappropriate to TextAnywhere’s professional image.

TextAnywhere reserves the right to withdraw a Reseller’s right to sell TextAnywhere products and services without cause on giving 90 days’ notice.

In accordance with HMRC Revenue and Customs Brief 1 (2016): VAT- domestic reverse charge for businesses wholesaling telecommunications services TextAnywhere will charge VAT at the prevailing rate as an “end user”. If the reseller is acting as a wholesaler then TextAnywhere will apply the HMRC reverse VAT requirements. Please contact TextAnywhere If you believe that you are acting as a wholesaler to make the necessary arrangements.

15. Limitation of Liability

15.1 Neither party's liability for:

  1. death or personal injury caused by that party’s negligence or the negligence of that party’s employees or agents;
  2. fraud or fraudulent misrepresentation; or
  3. anything else that may not be excluded or limited by applicable law;

is excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.

15.2

We accept liability for reasonably foreseeable losses arising as a direct consequence of breach by us of our statutory duty. However we shall not be liable where the causes or potential causes of the loss:

  1. were not reasonably foreseeable by both parties; and/or
  2. were known by you, but not us, at the time that the agreement was entered into; and/or
  3. arose from use of our products or services for purposes other than those for which they were intended; and/or
  4. were reasonably foreseeable and preventable by you such as those arising from, by way of example only, loss of data or information where you have failed to back up copies of important data; or
  5. where such loss is caused by your failure to follow our reasonable instructions or those of our authorised agent(s) to prevent such losses occurring.

15.3

You shall use all reasonable endeavours to mitigate any losses which you might otherwise incur.

15.4

Subject to Clauses 15.1 and 15.2, we do not accept any liability under or in relation to this agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:

  1. loss of profits;
  2. loss of or damage to reputation;
  3. loss of contracts;
  4. loss of customers;
  5. wasted management or other staff time; or
  6. indirect, special or consequential loss or damage and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.

15.5

Subject to Clauses 15.1 and 15.2, our aggregate liability arising under or in connection with this agreement, whether in contract, tort or otherwise will not exceed:

  1. an amount equal to 125% of the total amount paid or payable by you under this Agreement in the year in which the cause of action arose; or
  2. if the amount referred to in (a) above cannot be calculated accurately at the time the relevant liability is to be assessed, or if it is less than £1,000, to £5,000.

15.6

No conditions, warranties or other terms apply to any products and/or supplied under this agreement except to the extent that they are expressly set out in this agreement and all terms, conditions, warranties and representations that might be implied by law or otherwise are excluded.

16. Intellectual Property Rights

You undertake to comply with the terms of any software licence agreement reasonably required by TextAnywhere in respect of any software made available to you under this agreement (“Software Licence”).

You acknowledge and agree that all intellectual property rights in the services and any associated software supplied in connection with this agreement are vested and shall remain vested in TextAnywhere, or the relevant third party licensors, as appropriate, and all such rights are expressly reserved. All rights and goodwill in and to the name, ‘TextAnywhere’ and any associated logos, trademarks, devices or designs used by TextAnywhere or referred to in any marketing or other materials used in connection with the services supplied under this agreement are strictly reserved to TextAnywhere or the applicable licensor. Accordingly, you may not refer to or use such marks without the prior written consent of TextAnywhere or the applicable licensor.

17. Intellectual Property Rights Indemnities

TextAnywhere will indemnify you against all costs, liabilities, damages, losses and expenses suffered and/or incurred by you in connection with any third party claim in respect of an infringement of intellectual property rights arising directly out of those services and software supplied by TextAnywhere to you, on condition that you undertake to:

  1. notify TextAnywhere promptly in writing of any allegation of infringement;
  2. make no admission relating to the infringement or do anything which may prejudice in any way our ability to defend such a claim on our products or services;
  3. allow TextAnywhere or its agents to have sole conduct of all negotiations and proceedings and give all reasonable assistance in doing so (TextAnywhere will pay your reasonable expenses for such assistance).

(“Claim”). If we receive prompt notice of such a Claim that, in our reasonable opinion, is likely to result in an adverse ruling, we may at our option: (a) obtain a right for you to continue using the products or software in question or allow us to continue performing the services; (b) modify the software or the services to make them non-infringing; (c) replace such software or services with something materially similar which is non-infringing (provided that the modification does not materially affect the performance of the services or the software, as applicable); or (d) refund any pre-paid fees for the allegedly infringing services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing services or software.

The provisions of this Clause shall be your sole and exclusive remedy in respect of any Claim.

This indemnity does not apply to infringements caused: (a) by the use of the services in conjunction with other software not supplied by TextAnywhere; or (b) designs or specifications made by you, or on your behalf; or (c) by third party software or materials licensed by you from third parties (regardless of whether TextAnywhere recommended such software) (“Third Party Software”) or any services or products supplied by third parties; or (d) use of any software other than in accordance with our instructions and the relevant user manuals and documentation supplied. You undertake to comply with the terms of any applicable licence terms and restrictions in respect of any Third Party Software.

You will indemnify TextAnywhere and its agents against all claims, costs, damages, losses, liabilities and expenses arising from any third party claim or action arising out of: (a) any material or data supplied by you or on your behalf; (b) your failure to obtain any appropriate licence or clear any intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by you, or (c) associated with software or other components directed or requested by you to be installed or integrated as part of the services; or (d) your breach of this agreement or failure to comply with the terms of any Software Licence

18. Force Majeure

We are not liable for any failure to perform our obligations if we are prevented from doing so by an 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 any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

19. Data Protection and Privacy

You represent, warrant and undertake that:

  1. you are notified as a data controller in accordance with the provisions of the Data Protection Act 1998 (the, “Act”) and the subsequent GDPR from May the 25th 2018; and
  2. you are entitled to process and supply any personal data to us in connection with the services to be provided under this agreement pursuant to the Act and any applicable data privacy laws.

The terms, “personal data”, “data controller” and “data processor” shall have the meanings given to them in the Act and GPDR. It is acknowledged that you are a data controller of any personal data which is processed in connection with the services provided under this agreement. As such, TextAnywhere is a data processor processing such data on your behalf. Accordingly, TextAnywhere shall:

  1. only process such personal data to provide the services provided or to be provided under this agreement;
  2. only process such personal such data in accordance with your prior written instructions; and
  3. implement and employ such technical and organisational measures as are commensurate and commercially reasonable given the nature and value of the personal data in question to prevent its unauthorised disclosure and/or accidental loss or destruction.

You grant us the non-exclusive right to publish your company name and logo in our marketing material by way of reasonable publicity. We do not pass on your organisation’s details to others except where necessary for the purpose of credit checking and setting up continuous payment authority.

20. Customer Service and Complaints

We care about our customers and endeavour to provide a complaints process that is fair, confidential and effective. TextAnywhere strives to provide a quality service to its clients at all times.

If, however, we fail to meet our obligations or we disappoint you in some way, we encourage you to share with us our failings as soon as you are able to. We will then make all reasonable efforts to address your concerns within one working day.

21. Data Protection

TextAnywhere recognises and will abide by all data protection requirements as required by law and the GDPR, the main principles of which are:-

Lawfulness, fairness and transparency Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject
Purpose limitation Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
Data minimisation Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Accuracy Personal data shall be accurate and, where necessary, kept up to date
Storage limitation Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Integrity and confidentiality Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures
Accountability The controller shall be responsible for, and be able to demonstrate compliance with the GDPR

For full details of our commitment to the GDPR please see our Privacy and Data Processing Agreement which can be found here.

22. Termination

You may cease use of the TextAnywhere service at any time without notice, except for the TextPremium and TextInbound services, where a previously stated written notice period is applicable.

TextAnywhere reserves the right to suspend your use of any of the services without notice in the event of inappropriate use of the service or in any event on giving you written notice of termination.

In the event of non-payment of overdue invoices TextAnywhere reserves the right to suspend the service on serving 7 days’ notice via email to your designated email address supplied at the date of ordering the service in question.

TextAnywhere may terminate this agreement in the event that any of the following occurs in relation to you: you pass a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or ceases, or threatens to cease, to carry on business or any analogous event occurs in relation to you in any territory.

TextAnywhere reserves the right to automatically terminate this agreement if you do not use any of the services for a period of at least two years. On termination of your account any unused credits will be cancelled.

In the event of termination or suspension of service any monies owing become due immediately and all rights and licences granted under this agreement shall come to an end. Termination shall not affect all rights and duties that have accrued up to and including the effective date of termination.

TextAnywhere undertakes Account Activity Reviews every 3 to 6 months. Client accounts which have not been active for 24 months or longer may be closed at this time. Written notice in email form, indicating appropriate action to be taken should you wish for your account to remain open with us, will be provided at least 30 days before the account is intended to be closed.

23. Variation

Except where explicitly stated in this agreement, TextAnywhere reserves the right to vary the terms of this Agreement or the nature of the Service at any time.

TextAnywhere will inform you of any such changes through email, or such other medium, as TextAnywhere considers appropriate.

24. Notices

Any notices must be sent by receipted email, post or delivered by hand as follows:

  • To you, at the address you have given us or the email address given to us in your registration details.
  • To us by email by post to the contact details below.

In the case of notices sent by email, such notices shall have been deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall have been deemed to be received on the second business day after posting.

Email:

customercare@textanywhere.net

Phone:

UK: 08451 221 302
Intl: +44 (0) 8451 221 302

Registered and head office address:

Customer Care Team
TextAnywhere
Indigo House
Sussex Avenue
Hunslet
Leeds
West Yorkshire
LS10 2LF
United Kingdom

TextAnywhere is a wholly owned subsidiary of SRCL, registered in England, with the registration number of 03226910. VAT registered with the number GB 702 4610 79.

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