The following are the terms and conditions for use of the SMS Campaign Ltd platform (“SMS Campaign”). SMS Campaign (“the Provider”) the Customer (hereinafter referred to as “the User” or “Users”).
Acceptance of Terms
- Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions. Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
- SMS Campaign provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular SMS Campaign, you and SMS Campaign shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration system (such information being the “Registration Data”). If you provide any information that is untrue, inaccurate, not current or incomplete, or SMS Campaign has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMS Campaign has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Appropriate User Conduct
- When you register on SMS Campaign, you must submit correct information regarding your identity, organisation and address details. It is not permitted to use any of the SMS Campaign services for illegal or unreasonable activities. Customers who send threatening or demeaning messages will have their account at SMS Campaign closed.
- The User agrees not to transmit any material which violates England and Wales law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.
- The User agrees to be aware and abide by the Privacy and Electronic Communications Regulations. The User agrees to contact the Information Commissioner’s Office (https://ico.org.uk/) before sending any SMS messages if the User is unsure that their SMS messages comply with the Regulations.
- SMS Campaign 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 SMS Campaign 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 SMS Campaign 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.
- The User agrees not to harass, stalk, abuse or threaten any other person through SMS using SMS Campaign.
- The User agrees not to interfere with the operation of SMS Campaign.
- Users may not use, or knowingly allow others to use, the Services for any purpose that may bring SMS Campaign’s name into disrepute, or for any purpose that, in SMS Campaign’s sole and absolute discretion, is improper, immoral or undesirable.
- This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
- SMS Campaign processes messages on an automated basis. SMS Campaign is not responsible for the contents of a message or of its accuracy. SMS Campaign 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 SMS Campaign. 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 SMS Campaign against all costs and fines that may be levied resulting from the sending of content that contravenes local regulations.
- SMS Campaign maintains the right to inspect message content and take appropriate action on receiving complaints relating to message content via SMS Campaign. SMS Campaign contacts all Users by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through SMS Campaign. Appropriate action may constitute in the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of SMS Campaign for inappropriate or illegal use.
- You will be responsible for keeping your account information (username, password, etc.) 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
- SMS Campaign will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User’s SMS Campaign account, phonebook or MSISDN’s, other than in the normal course of the use of the Services, without the User’s prior permission unless SMS Campaign believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of SMS Campaign, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect SMS Campaign’s business or reputation.
- The User agrees that SMS Campaign may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that SMS Campaign may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
- A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
- Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
SMS Campaign Liability
- SMS Campaign will not be held accountable for SMS messages sent to an incorrect mobile number. It is the responsibility of the User to ensure the accuracy of mobile numbers and messages use on the SMS Campaign site.
- SMS Campaign and its Provider makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service.
- Messages shall be deemed to have been delivered when SMS Campaign’s Provider has delivered/sent the messages to the immediate destination that the Provider’s software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. SMS Campaign and its Provider does not guarantee delivery on behalf of Mobile telephone networks or mail servers.
SMS Campaign Property
- The User agrees that all the contents of SMS Campaign including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of SMS Campaign and may not be copied for any reason.
SMS Campaign White Label Service Indemnity
- SMS Campaign White Label Service Indemnity – When running a SMS Campaign white label service for your organisation, it is part of your responsibilities to ensure your customers make appropriate use of the service only. If your customers have not followed the guidelines set out in clauses 3, 4, and 5 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 SMS Campaign for the services provided to your customers under the white label service irrespective of any issue or dispute you may have with your customers.
- SMS Campaign reserves the right to change the price of SMS credits at any time. Should there be a cost increase AFTER the User has purchased message units from SMS Campaign, SMS Campaign will honour all pre-purchased credits without altering the value of the purchased credits.
Discounts and Offers
- Promotional SMS credits are given at the discretion of SMS Campaign. SMS Campaign reserves the right to remove credits from an account if it is believed by SMS Campaign that the Customer has breached acceptable use, such as obtaining free credits through the creation of multiple accounts.