locoSMS

Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on our website www.locosms.com (our site) to you. Please read these terms and conditions carefully before registering for LocoSMS. You should understand that by registering for LocoSMS, you agree to be bound by these terms and conditions.

 

1.    ACCEPTANCE OF TERMS

1.1.     Locosms.com is a site operated by Locotel Ltd (we). We are registered in England under company number 08702617, with our registered office at 54 Thorpe Road, Norwich, NR1 1RY and VAT number 185 0333 18.

1.2.     We provide our mobile messaging and other services (the "Service",” LocoSMS Service”, ”LocoSMS”) to you (“you”), subject to the following Terms of Service ("TOS"), which may be updated by Locotel Ltd, and/or its subsidiaries, parents, affiliates, officers, directors, agents, etc. (collectively, "Locotel") from time to time without notice to you. Please read them carefully. By using the Service you agree to be bound by the TOS.

1.3.     By registering for LocoSMS, you warrant that you are legally capable of entering into binding Agreements.

1.4.     For the avoidance of doubt online registration for any LocoSMS Service, purchase of LocoSMS Service and use of the Service shall constitute acceptance of these TOS by you and forms a contract (“Agreement”) between you and us.

1.5.     TOS govern the terms of this Agreement.

 

2.    SERVICES

2.1.     LocoSMS Service enables you to do one or more of the following:

               i.  Send, Receive and Manage mobile text messages

              ii.  Validate mobile phone numbers

             iii.  Provide and manage Virtual Mobile Numbers and Keywords for incoming and interactive text messages

            iv.  Manage mobile messaging via secure Web UI, Web Services and APIs

             v.  Generate and Transmit encrypted messages for mobile apps

            vi.  Utilise Value Added Services integrating mobile text messaging with third party software applications

2.2.     We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. This includes assigned Virtual Mobile telephone numbers and keywords.

 

3.    USE OF SERVICE

3.1.     We will take all reasonable steps to make LocoSMS Service available to you at all times. The quality and availability of LocoSMS could be affected by factors outside our control – such as atmospheric conditions, other causes of radio interference, features of functionality of your mobile phone or computer, faults in telecommunication networks and mobile operator networks.

3.2.     From time to time we have to maintain or upgrade LocoSMS and this may result in LocoSMS becoming temporarily unavailable. We’ll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.

3.3.     We may suspend your LocoSMS account without notice, if we have good reason to believe you haven’t complied with one or more of the TOS.

3.4.     We investigate all complaints and reserve the right to suspend your LocoSMS account if a complaint has been made against you pending the results of investigation of the complaint.

3.5.     If you use LocoSMS from a country outside the UK you may be subject to different laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.

3.6.     We may establish limits concerning the use of LocoSMS for example the maximum size of a text message that may be sent or received or a monthly limit on how many messages you can send or receive. We will notify you of these limits.

3.7.     You agree that we have no responsibility for the deletion, corruption or failure to store any of your content maintained or transmitted when you use LocoSMS.

3.8.     You agree that we have no responsibility for the content of the text messages you send or receive when you use LocoSMS.

3.9.     We accept no liability for the loss, late receipt or non-readability of any text message sent or received when you use LocoSMS.

3.10.  You agree that we have no responsibility if you do not have adequate Transaction Credits in your account in order to fulfill the credit requirements for the Service to use.

3.11.  You agree that we reserve the right to suspend any accounts where the amount of incoming or outgoing messages impinges on the provision of services to other users. In such instances the account holder will be given an opportunity for compliance.

3.12.  We provide the Service on an "as is" and "as available" basis. We make no representations or warranties with respect to the LocoSMS Service and Your Data, and we do not warrant that the Service will be secure, uninterrupted, timely, or error-free. To the fullest extent permitted by law, we disclaim and the TOS exclude any implied or statutory warranty, including any warranty of title, non-infringement, merchantability or fitness for a particular purpose. You acknowledge that there are risks inherent in network connectivity that could result in the loss of your privacy, Data, Confidential Information and property. You further acknowledge that Locotel does not control networks or third parties outside of the services ‐ including without limitation service providers and their networks ‐ and Locotel is not responsible for the impact on the services by the action or inaction of such networks or third parties.

 

4.    YOUR RESPONSIBILITIES

4.1.     You acknowledge that any LocoSMS Service may only be used for lawful purposes.

4.2.     We have no control over the content of text messages sent on or through LocoSMS. As a result we cannot be responsible or liable in any way for the content and do not endorse any goods, services or content offered. Thus you should not use LocoSMS Service for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature; or for Breach of Law; or order or regulation (including a foreign law, order or regulation); or code of conduct;

4.3.     To comply with good business conduct and the safe operation of LocoSMS is important, you agree that you will:

               i.  not use LocoSMS for any purpose that:  intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government; or engages in any misleading or deceptive business or marketing practice; or involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities; or disseminates information  that you do not have the right to make available under any law or is under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

              ii.  keep your username and password safe and notify us immediately if you if you believe they have been lost, stolen or compromised;

             iii.  not use LocoSMS for the purpose of spamming either in part or in whole;

            iv.  not act in any way, whether knowingly or otherwise, such that the operation of LocoSMS will be jeopardised or impaired;

             v.  comply with any reasonable instructions issued by us which concern your use of LocoSMS and co-operate with us in our reasonable security and other checks;

            vi.  not send, or cause to be sent a commercial electronic message without prior opt-in.

           vii.  not send or cause to be sent a commercial electronic message without a clear opt out mechanism.

4.4.     Where you use keywords supplied from us or assigned for free from us, and you also use other text message providers, you must not use these keywords in the text messages sent through any other text message provider.

4.5.     You are responsible for obtaining access to LocoSMS Service and that access may involve third party fees (such as Internet service provider or airtime charges).  In addition, you must provide and are responsible for all equipment necessary to access the Service.

4.6.     You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

5.    INFORMATION SUPPLIED BY YOU

5.1.     By registering for LocoSMS you provide us the correct name, address and other factual information. This has to be updated when any changes occur.

5.2.     You acknowledge that if we suspect that registration information supplied to us is either inaccurate, false or without the knowledge of the person named on the registration, we may suspend your LocoSMS account while we investigate further. If our suspicions prove groundless we will re-activate your account immediately. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this clause.

 

6.    PRICE AND PAYMENT

6.1.     Any Service must be paid for in full prior to being supplied.

6.2.     There are Services that are priced and charged by the use of transaction credits. The equivalence between transaction credits and Services can be viewed at the price lists of our site.

6.3.     There are Services that are priced and charged as subscriptions, including but not limited to Virtual Reply Numbers. The price for these Services in any predefined time period can be viewed at the price lists of our site.

6.4.     When you register to Locosms, a personal account is created for you and you are able to purchase transaction credits. You can access your account by filling in your username and password. After purchase your account is credited with these credits. When you send a text message your account is debited with the cost in Transaction Credits depending on the destination network the recipient's mobile number belongs to. The charge for a text sent is irrespective of the successful delivery or not.

6.5.     A text message may be the concatenation of two or more SMSs, when that occurs, the charge of this text message equals to the sum of the transaction credits of all SMSs that were used.

6.6.     You can see the number of available transaction credits each time you visit your account.

6.7.     Prices as well as transaction credit equivalencies are liable to change at any time. You can be view these changes at the price lists of our site when they occur.

6.8.     Transaction Credits and subscriptions can be purchased using our site. The payment methods can be credit cards, debit cards, PayPal, Bank Transfer. Proof of payment may be required for bank transfers. Upon successful completion of payment, Transaction Credits are added to your account.

6.9.     No payment card details are held on our servers. All payment data entered for online purchases is passed securely and encrypted through to our payment providers who handle the transaction authorisation process securely with the payment card issuing bank.

6.10.  Unless stipulated in a specific written quotation or otherwise agreed in writing, your Transaction Credits purchased under this Agreement never expire and your account will remain active, provided you send a minimum of one text message in every twelve month period. If you fail to send one text message in every twelve month period we may suspend your account and any outstanding Transaction Credits on that account will be lost.

 

7.    LIABILITY

7.1.     We warrant that the Service will be performed with reasonable care and skill with the intention of meeting our specifications, but, given the uncertainties associated with mobile telecommunications and related technologies, cannot and do not guarantee that the LocoSMS Service will meet your requirements, including (without limitation) as to the speed of delivery or the reception of any message.

7.2.     We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

7.3.     Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from its negligence.

7.4.     Subject always to sub-Clause 7.6 below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Where we have any liability to you for or relating to messages sent or intended to be sent through LocoSMS Service, that liability is limited to the value of the Transaction Credits associated with those messages.

7.5.     It is your responsibility to take out insurance against risks which exceed the Transaction Credit values specified in sub-Clause 7.4 above or are otherwise excluded from this Agreement.

7.6.     We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

7.7.     for any loss of revenue, business, anticipated savings or profits, or

7.8.     for any indirect, special or consequential loss damage, costs or other claims,

7.9.     howsoever caused or arising, whether through non-supply or late supply of LocoSMS Service or other non-performance of this Agreement or otherwise.

7.10.  Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

7.11.  For the avoidance of doubt, we will not have liability to you or any other person in respect of the content of messages, or any instructions supplied by you in relation to messages, including any which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or any other act or omission of you.

7.12.  The provisions of this Clause 7 shall survive the termination or expiry of this Agreement.

 

8.    INDEMNITY

8.1.     You, at your own expense, will indemnify, defend, and hold harmless Locotel, its affiliates, and its employees from and against all losses, damages, liabilities, settlements, costs and expenses arising out of any claim, demand, suit, action, or proceeding initiated by a third party relating to your use of the LocoSMS Service or any breach of the Agreement by you.

 

9.    GENERAL

9.1.     Where we are required to do so by law, you agree to the disclosure to any company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency, credit provider or Mobile Network Operator of:

               i.  any information relating to your registration, including your financial information and details of how you have performed in meeting your obligations under these terms and conditions.

              ii.  any disclosure as may be required by the Data Protection Act 1998;

             iii.  any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.

9.2.     We will use your information which you provide to us together with other information for administration, marketing, credit scoring, customer services, web use preferences, and profiling your purchasing preferences. We will disclose your information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your Agreement with us has finished in case you decide to use LocoSMS again.

 

10.  NOTICES

10.1.  All notices given by you to us must be given at info@locotel.net. Also find on our site our fax and postal address. We may give notice to you at either the e-mail or postal address you provide to us when registering with LocoSMS. Any notice to be given by us to you may be sent either by email, fax or recorded delivery to your address you declared on your account details.

 

11.  CANCELLATION AND REFUND POLICY

11.1.  You have the right to cancel your order up to 14 days from the time that your Transaction Credits were allocated to you. If you cancel your order before we have processed your payment you will not be charged. If you cancel your order after we have processed it and taken payment during the 14 days cancellation period, a full refund will be made to you for any unused Transaction Credits. The same applies as well for the Services purchased in the form of subscription.

11.2.  If you are not satisfied with our Service you may request a refund for the remaining Transaction Credits at any time within 60 days of purchase. To claim a refund on these grounds you are required to send your request for that refund to our electronic or postal addresses set out in the TOS. We will refund you for any unused Transaction Credits based on the price of purchase. This does not apply for the Services purchased in the form of subscription.

 

12.  TRANSFER OF RIGHTS

12.1.  The Agreement between you and us is binding on you and us and on our respective successors and assigns.

12.2.  You may not transfer, assign, charge or otherwise dispose the Agreement, or any of your rights or obligations arising under it, without our prior written consent.

12.3.  We may transfer, assign, charge, sub-contract or otherwise dispose the Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.

 

13.  FORCE MAJEURE

13.1.  Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and / or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion, riots, strikes, wars, fires, floods, earthquakes, changes in government policy and law. In the event we are unable to meet our obligations due to a Force Majeure event then the Agreement is deemed suspended until the event has passed or we are able to find a solution by which our obligations can once again be fully performed.

 

14.  TERMINATION

14.1.  We may terminate this Agreement at any time, immediately upon written notice via post, email or SMS message if you:

               i.  breach any term of the Agreement; or

              ii.  are subject to Insolvency Proceedings.

14.2.  if we consider your behavior or interaction with any member of Locotel staff to be inappropriate or abusive. In such an event, the final decision shall rest with Locotel without burden of proof.

14.3.  Either you or we may terminate your Agreement at any time upon at least 30 days’ notice to the other expiring on the last day of the Minimum Agreement Term (if any) or at any time thereafter. If no Minimum Agreement Term is specified, the Minimum Agreement Term shall be deemed to equal the period for which the services were purchased. The notice to terminate shall take effect upon the last day of the notice period. In any event you must pay the Fees for all Services provided to you up to and including the date of termination or the Minimum Agreement Term whichever is the later date.

14.4.  We reserve the right to terminate any Agreement at any time (notwithstanding any Minimum Agreement Term) giving to you not less than 30 days prior written notice of termination. If Locotel terminates your Agreement under this clause, it will refund any Fees that you have paid in advance for Services that, as a result of Locotel's termination of the Agreement, you will not receive.

14.5.  Termination and/or expiry of your Agreement is without prejudice to any rights and/or liabilities accrued as at the date of expiration or termination.

14.6.  If you are using the Service as a “free trial” user under this Agreement You acknowledge that We reserve the right to, at our absolute discretion, stop providing the Service to You on either a temporary or a permanent basis for any reason whatsoever without any prior notice.

14.7.  Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those TOS of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.

 

15.  WAIVER

15.1.  If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2.  A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3.  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

16.  SEVERABILITY

16.1.  If any of these TOS or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable