Last updated: 27th July 2016

Terms & Conditions

This website and it's services are operated and provided by Textplode Limited (company no. 8593388) Please take a moment to read these terms before registering or making a purchase. Providing you have understood them, an agreement between you and Textplode Limited will occur. If you have any queries regarding these terms, feel free to email us at hello@textplode.com or call 01543 225919.




Overview

You may only open an account with us for yourself, a business or an organization if you have authority to do so, and upon agreeing to out terms of service and/or use. We may make changes to these terms without notice and they shall become effective immediately after posting here.

Your account and registration

There are two ways to open an account with us: By registering on Our Site; or by contacting us to set up an account for you. When creating an account with us you have to be 18 years or older and You will be asked to provide details and information about yourself. When you register with us, your account will become active once you've verified your email address using the link automatically emailed to you. The functioning of our services and their billing depends on the information you supply being correct and up-to-date. You are, therefore, obligated to enter true, current and complete information when registering with us. We cannot guarantee the correctness and completeness of the data provided by you or other users neither can we guarantee the security of your password.

Services

We will provide an online mobile messaging service for purposeful messaging to a recipient with a compatible device and in accordance with the terms of this website. We may also display other additional services in our website. Requesting a service from us constitutes placing a binding order with us. When we accept this order, you will receive a confirmation of acceptance from us or we will behave accordingly. When we accept your order and payment is secured by successful purchase of credits, you may immediately use the services requested. Our services are subject to constant change as we want them to always be up-to-date and to be able to offer you the latest trends and features. Therefore, the services currently offered are retrievable, as well as the contents you store may not be available to a limited extent or for an unlimited period of time. Should we make a change within the scope of the effective contractual relationship we have with you we will inform you accordingly, but we are otherwise not under any obligation to issue a notice.

There may be occasions where we may be forced to withdraw or suspend the site or service for periods of time either for updates, operational reasons, repairs, maintenance or for any other reason. While we shall endeavor to limit any such period where we can, we shall not be liable for any loss suffered resulting from the site or service being unavailable. We are not responsible for the backup of any information including content and contact details that you use as part of the service and shall not be labile for any loss of such information.

Sending and delivery of messages

We will, when indicated as functional by System Status, send each message to one of our message gateways for delivery to the relevant network, providing no error is displayed to suggest that this will not be done. We guarantee that under these circumstances all messages are SENT. However, delivery is the responsibility of third party networks and services, including the receiving device itself, and cannot be guaranteed. When we receive an appropriate signal on the Confirmation page it will be sufficient evidence that the specified network/device has received the message. Delivery confirmations may only be available at certain times.

Our Site

Textplode is controlled and operated in the United Kingdom. Whilst our service is available to customers internationally, we do not make any representation that our Site, its contents or the Service and the terms are appropriate or suitable for use in countries other than the United Kingdom, or that they comply with any legal or regulatory requirements in any other countries. In accessing the Site, You do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable.

Links

You may link to our site providing you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any links without notice.

Third Party Usage

You shall keep your login details safe and protect them against third-party access. You shall not enable third parties to use your account. You shall be held responsible each time your account is accessed, if you allow third parties to use it or if your login details are unprotected. In any such event, each service subject to payment used via your account – i.e. when your email address and password have been used for login – will be charged to you. The same applies if you are logged in automatically by your browser, mobile phone etc., and a third party subsequently gains access. Even if your account has been used by a third party, with or without your knowledge and/or your intention, you shall be held responsible for the transmission or making available of prohibited contents or the illegal use of our services in violation of these conditions or of applicable legal provisions. As soon as you become aware that third parties have access to your login details, you shall immediately request us to block your account.

Cost and method of payment

Once you have opened an account with Us, You may purchase non-refundable Credits at any time through your account or by contacting Your Account Manager, following which your account will be credited with the corresponding number of credits through charging your designated payment method. Subject to amendments, and unless otherwise agreed in writing by Us, You can only pay for Credits in advance using a debit card or credit card or Your PayPal account. You warrant that any information supplied as part of the payment process is accurate and pertains to you and any credit card, debit card or equivalent method of payment provided belongs to you or you are authorised to use such payment method. You agree to indemnify us against any loss we may suffer resulting from incorrect payment information provided or resulting from your use of a payment method that you are not authorised to use.The number of Credits You will use up for using any part of the Service are set Out on Our Site and may vary from time to time. For example, if 1 Credit enables you to send 1 SMS of 160 characters or less, if you want to send an SMS that contains 161 characters, this will use 2 of Your Credits. If You logon to Your account, You will be able to tell how many pre-paid Credits are available to You, subject to Us having a reasonable amount of time to update Your account from the time You purchase or use Credits. Credits used and not paid for in advance shall be payable immediately upon notification and in any case immediately upon receipt of our invoice. We shall endeavour to inform you when you have used your pre-paid Credits, but are under no obligation to do so and shall not be liable for any consequences of not doing so.

Invoiced Credits and credit arrangements

At Our sole discretion, we may offer Credits to you on account. You shall pay to Us fees for the Credits used at the rates previously agreed by Your Account Manager or as otherwise set out in Our invoices, which will be issued to You from time to time. You shall pay each of our invoices, in full within 7 days of the date of the invoice. If payment or part payment of an invoice is delayed We shall be entitled to charge You interest at a rate of 4% per annum above the Barclays Bank Plc base rate from time to time on any sums that you owe to Us; and Sums due to Us by You may be set off against the value of any Credits which You have already paid for (and those Credits will be withdrawn from Your account) and/or any sums of money payable by Us to You under any other agreement between Textplode and any other member of Our group of companies and You; and We shall be entitled to recover Our reasonable costs of recovering the amounts owed to Us to include but not limited to; management time spent collecting the debt, debt recovery agency fees and legal fees; and We shall be entitled to terminate or suspend your account and the Service with immediate effect. Notwithstanding the provisions of this clause 9, We reserve the right to withdraw any credit arrangement with You at any time with or without cause at which time all sums due to Us for unpaid Credits shall become payable immediately on demand.

Pricing

It is always a possibility that despite our reasonable efforts some of the prices on our site are incorrect. We will normally check prices at regular intervals and: Where the correct price of the Credit is less than the price stated on Our Site, We will credit the difference to your account with Credits. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing, We do not have to provide Credits to make up the difference; and, If the Credit price is higher than the price stated on Our Site, We will contact You as soon as reasonably practicable to inform You of this error and We will give You the option of setting off the sums due to Us by cancelling Credits from Your account up to that value or cancelling that order of Credits. If we are unable to contact you about this, we will treat the order of Credits as cancelled.

We reserve the right to vary our prices or to introduce new administrative fees at any time.

Our Warranty and Liability

We assume no warranty that our services and the user contents are correct, up-to-date or suitable to fulfil a purpose expected or intended by you or a third party. We assume no warranty that the contents provided by us shall work on any other mobile phone or terminal device than the one stated by you in your purchase order or that they shall look or sound the same way as offered on our website. We assume no liability that software (games, applications, etc.) provided by other users is free of errors, or malicious programs, which may restrict the functionality of your terminal device. Our liability will be limited to the replacement of the foreseeable damage typical to the Agreement and to an amount aggregate to the amount you have paid to use up to the last twelve months of the claim arising. This limitation does not apply to damage arising from injury to life, body or health. We shall not be liable for claims or damages arising from user violation of these general terms and conditions or legal provisions. We shall not be held liable for contents transmitted or made available using our services. We shall not be liable for any damage or loss caused by conditions beyond our control or an act of force majeure.

Your content

You shall be held solely responsible for ensuring that the contents made available or transmitted by you using our services does not infringe any legal provisions or third party rights. You agree not to make available or transmit contents of pornographic, National Socialist, abusive, insulting, racist, xenophobic, defamatory, sexually degrading, blasphemous, discriminating, discrediting, politically extremist or morally reprehensible nature or such which are in violation of regulations for the protection of children and young people, personal honour, criminal law regulations, regulations under the Data Protection Act, the Trademark Protection Act or the Copyright Protection Act or other legal provisions. It is also prohibited to make available or transmit links or other information leading to such contents. As a rule, we do not check the contents made available or transmitted by you or others using our services, and we are not responsible for such contents. If we become aware of the transmission or the availability of contents in violation of legal provisions or in violation of these general terms and conditions, we will delete them or block the account used for such purpose. Should you become aware of such transmission or such contents, you shall inform us immediately.

Any commercial Content should also be clearly identified as such and should contain the name of the natural or legal person on whose behalf it is being sent. Any promotional offers or games must be clearly identified as such.

Your contacts

It is your responsibility to ensure Your Contacts have expressly consented to the use of their data in relation to the Service and you represent and warrant that you have properly obtained such consent from each Contact and that such consent has not been withdrawn. You are responsible for ensuring that you have the necessary permission to transfer Contacts to us and to allow Textplode to receive and process data and send communications to Your Contacts on Your behalf. You agree to indemnify Texplode for any loss suffered for your breach of this condition.

For more information regarding the privacy of your data, please review our privacy policy.

Intellectual property

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Term and termination

These Terms of Service shall continue to apply to your use of the Service and the Site unless otherwise terminated as provided in this clause 15. We may terminate your account and your right to use the Service at any time with immediate effect without notice and with or without cause. If we terminate your use of the Service and close your account without cause we shall refund the amount paid for Credits which are unused and have not expired. If you stop using your account or the Service, You will not be entitled to any refunds and if you have a credit arrangement with us or owe monies to us, you are still liable to pay all monies due to us including interest (where applicable) in accordance with these Terms of Service. On termination of these Terms of Service for any reason: All licences granted under these Terms of Service shall immediately terminate; We may destroy, delete or otherwise dispose of any of the Contact Details and any other information provided by you, which is in. Any rights, remedies, obligations or liabilities that have accrued up to the date of termination of the Service and/or closure of Your account, including the right to claim damages in respect of any breach of these Terms of Service which existed at or before the date of termination shall not be affected or prejudiced. We may choose to retain Contact Details and any other information provided by You to Us after termination of Your use of the Service and after Your account is closed if We believe it is necessary to address: Any future claims of breach of laws and/or regulations; Claims of intellectual property infringement; Claims of fraud; Identifying future risks of breaches of law and/or regulations, fraud, security or technical issues.

Indemnity

In addition to other indemnities given elsewhere in these Terms of Service, You agree to indemnify Us against any claims or legal proceedings which are brought or threatened against Us by a third party because of Your use of the Site or the Service in breach of the provisions of these Terms of Service Disputes with third parties You undertake to tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you in relation to your use of the Service. You warrant that at Our request You will immediately stop the act complained of and should We ask You to, provide a written statement detailing any such claims or legal proceedings.

Conflict

If there is an inconsistency between any of the provisions of the main body of these Terms of Service and the Polices, the provisions of the main body of these Terms of Service shall prevail.

Waiver

The failure or delay of Textplode to enforce any of the provisions of these Terms of Service and exercise any of the rights and remedies contained herein or by law, shall not be deemed to be a waiver of those provisions or rights or remedies or any other rights or remedies, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance

If any provision (or part of a provision) of the Terms of Service is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Survivability

All warranties, indemnities and undertakings given by you and your obligation to pay outstanding sums due to us pursuant to these Terms of Service shall survive their termination.

Assignment

You shall not, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms of Service. Textplode may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations under the Terms of Service.

No partnership or agency

Nothing in the Terms of Service is intended to or shall operate to create a partnership between You and Textplode, or authorise either You or Textplode to act as agent for the other. Neither You nor Textplode shall have the authority to act in the name or on behalf of the other to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power)

Third party rights

These Terms of Service do not confer any rights on any person or party (other than either of You and Textplode and, where applicable, the successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999

Notices

Any notice required to be given under these Terms of Service shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to, in the case of Textplode its registered office and in Your case the address or fax number that You either give to Your Account Manager or submit when You register with Us online or such other address as may have been notified by either party for such purposes. A notice delivered by hand, will be deemed received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post will be deemed received at the time at which it would have been delivered in the normal course of post. A notice sent by fax will be deemed received at the time of transmission (as shown by the timed printout obtained by the sender).

Governing law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction

You hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or its subject matter or formation (including non-contractual disputes or claims).