Loading content...
Loading content...
1.1 Please read these terms and conditions carefully as they constiutute a binding contact and constitute the entire agreement between the Company and the User.
1.2 The provision of Services to you through the Company's Website and the use of the Company's Website is subject to your acceptance of this Agreement.
1.3 By visiting, shopping at and using the services of Just1StepAhead.com you accept these Terms and Conditions which constitute a binding contractual agreement between you and the Company and its Subcontractors regarding your use of our Services and Website and any activities or transactions you may conduct through the Company or its Websites and sub-domains.
1.4 Take note that these Terms and Conditions contain provisions that disclaim, limit and exclude the liability of the Company to you and that indemnify the Company and its Subcontractors against claims and damages that it may suffer as a result of your conduct.
1.5 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 shall immediately cease using the Website and/or terminate the registration process. 1.6 By completing the Registration Form and/or by using the Website, you the User expressly agree to be bound by the terms and conditions stated herein and at other places (including but not limited to: Frequently Asked Questions, Product Descriptions, Privacy Policy) on this Website.
1.7 The User agrees that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product specific or service specific terms and conditions, the product specific or service specific terms and conditions shall prevail to the limited extent of such conflict.
2.1 "The Company" means Just 1 Step Ahead;
2.2 "The User" means you, any natural or legal person who makes use of any of the Services or who uses or visits the Website; the person buying Just 1 Step Ahead products and using the Website;
2.3 "Website" or "The Website" means https://www.Just1StepAhead.com;
2.4 "Websites" or "The Websites" means any other sites owned and operated by Just 1 Step Ahead;
2.5 "Sub-domain" means a sub-domain of the Website or Websites;
2.6 "Services" means and includes all products and services offered or provided to the User whether paid for or not including software and applications whether hosted or downloaded and advice;
2.7 "Subcontractor" means any person or legal entity providing a service to the Company.
2.8 "Associated Companies" means any companies owned by the same persons as the Company;
2.9 "SMS" is an abbreviation of "Short Message Service"
2.10 "Text" or "SMS" means a short message provided by any means to a cellular telephone;
2.11 "Network Operator" means any party licensed to install, operate and maintain a cellular telephony network anywhere in the world;
2.12 "Bulk" means personalised Emails or SMS where more than one recipient is sent at the same time.
2.13 "Computer peripherals" means hardware for use with a computer.
3.1 Any reference in these Terms and Conditions to the singular includes the plural and vice versa.
3.2 Any reference to persons includes both natural and juristic persons and legal entities
3.3 Any reference to a gender includes the other gender.
3.4 Any use of the first person plural ('we', 'our' 'us') refers to the Company.
3.5 Any use of the second person singular ('you', 'your' 'yours') refers to the User.
3.6 Any clause headings inserted into these Terms and Conditions have been inserted for convenience and shall not be taken into account in interpreting the terms and conditions.
3.7 Words and expressions defined in any other part of these Terms and Conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
3.8 Words and expressions not defined in any other part of these Terms and Conditions shall bear the normal meaning assigned to such words and expressions in common use in England and Wales.
3.9 These Terms and Conditions may be available in multiple languages; in the case of a conflict between any other language version and the English language version of these Terms and Conditions, the English language version shall always take precedence.
4.1 By using the Company's services the user accepts the rates, terms and conditions identified on this Website. The Company may change or modify the Terms from time to time in its sole and absolute discretion without notice other than posting amended Terms on this Website. The Company reserves the right to change, modify or discontinue, temporarily or permanently, the Website (or any portion thereof), including any and all content contained on the Website, at any time without notice.
4.2 The User undertakes to check the Website frequently and to acquaint himself with the changes and/or amendments in the information supplied on the Website and, in this regard, the User undertakes to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions.
4.3 The User agrees regularly to verify which networks are covered by the Services and agrees that changes may occur as to which networks are covered from time to time.
4.4 The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Website.
5.1 Any dispute arising from purchase on this Website or relating to this agreement, if not settled by the parties in good faith, shall be subject to the laws of England and Wales. The prevailing party in any dispute shall be entitled to, in addition to any damages or relief, to reasonable expenses and legal fees from the other party.
5.2 To the extent that any provision of this Agreement conflicts with the laws of England and Wales, to the limited extent of such conflict such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
6.1 Online web-based services: Once payment has been received, the Company will deliver the User's Services usually within moments but at least within 24 hours (one working day).
6.2 Telecommunications Services: Once payment has been received, the Company will deliver the User's Services usually within moments but at least within 24 hours (one working day).
6.3 We will send your access details (i.e. logon user name and password) to the email address that you nominated during the checkout process. We shall send a pin to your nominated mobile phone. Both email address and mobile phone must be in your possession to complete registration.
6.4 Computer peripherals (UK only): Once payment has been received, we shall despatch your service to you usually within two working days, or for orders received before 12 noon on the same day. Goods are sent by Royal Mail Recorded Delivery (Signed-for).
6.5 Design and Data Support: Once payment has been received, we shall contact you within 24 hours.
7.1 The Company is responsible for collecting all payments for orders placed on the Website. Payment is authorized at the time the order is placed by the User, and the payment will be taken from the credit or debit card registered in the User's account.
7.2 Purchases will appear on the User's credit or debit card statement in the name of the Company.
7.3 The prices displayed on the Website are quoted in GBP (Sterling). Any payment made with any other currency will be converted, at the User's expense, to the applicable GBP amount before being applied to a purchase.
7.4 There is a minimum order level of 10 SMS Credits.
7.5 The Company reserves the right to change our rates, fees or payment options at any time without notifying you in advance.
7.6 UK VAT at 20% is imposed on the Services we provide and the User agrees to pay an additional 20% for the VAT which sum is added at checkout.
7.7 The User agrees that the Company may make use of secure third party payment gateways for the processing of payments and agrees that the Company shall not be liable for any losses to the User arising from the use of any third party payment gateway whatsoever.
8.1 This section applies to online Services only. The money-back period is 7 days. If you do not wish to continue with the Service, you must cancel within the 7 day period by cancelling your subscription in account and contacting the Company requesting a refund with your email address and (optional) reason for cancellation for our customer service records. This money back guarantee applies only to Services as follows:
Just1StepAhead.com Bulk Email Sender.
Just1StepAhead.com Database Maker
9.1 This section applies to any computer peripherals and other hardware the Company supplies to the User. Any goods purchased shall remain the property of the Company until cleared payment has been received in full. Goods may not be purchased on a trial basis. It is the User's responsibility to make sure that any goods purchased are suitable for all intents and purposes.
9.2 For a full refund of unwanted goods, goods must be returned with seven days of receipt, unopened and in original packaging. If hardware we supply develops a fault with the guarantee period of one month it may be returned with its packaging for refund. The Company is not responsible for faults resulting as a result of external matters.
10.1 Upon cancellation, your account and contact data located on the Website may no longer be available. The User agrees to retrieve this data prior to the request for cancellation of the service. The Company cannot guarantee retrieval of data once an account is cancelled.
11.1 The User agrees not to file a credit card or debit card chargeback with regards to any purchase made on the Website but instead try to resolve the issue with the Company. If you do not remember making the purchase call the number on your statement next to the charge.
11.2 In the event that the User breaches this agreement and files a chargeback, upon a resolution in our favour of the chargeback by either the credit card issuing bank, the credit/debit card processor or by VISA or MASTERCARD, the User agrees to reimburse the Company for any costs incurred in researching and responding to such chargeback, including without limitation, the Company's actual costs paid to the credit/debit card processor or our banks and the reasonable value of the time of the Company's employees spent on the matter, as determined in our discretion in good faith.
11.3 In the event that a chargeback is placed or threatened on a purchase, the Company also reserves the right to report the incident for inclusion in chargeback abuser database(s). The Company uses various credit reporting agencies and will send a default notice to them upon receiving a fraudulent order and/or chargeback. The User agrees that this could seriously affect his credit rating. The Company is under no obligation to mark the debt as paid, even after we receive further payment to rectify the situation. The Company uses several credit reporting agencies from Australia, United States, New Zealand, United Kingdom and several countries in Europe.
12.1 By using our Website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Websites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms and Condition; otherwise, please exit the Website.
13.1 If you are an employee of a company or other entity or are acting on behalf of a company, you must be authorised to enter into these Terms of Use on behalf of your employer.
13.2 Automated submissions (e.g. via automated scripts or 'bots') are not permitted.
14.1 The User agrees to register only in his own name. Each username and password may only be used by a single user and is not transferable.
14.2 Whenever you register or provide information on our Website, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You may update personal information at any time at the 'Your Account' section of the Website.
14.3 If you provide any information that is, or we have reasonable grounds to suspect that it is, untrue, inaccurate, not current or incomplete, the Company may without notice suspend or terminate your access to our Website and refuse any and all current or future use of our Website (or any portion thereof).
15.1 The User agrees not to use, or knowingly allow others to use, the Services for any purpose that might bring the Company's name into disrepute, have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of the Company or any Network Operator or Subcontractor of the Company or for any purpose that, in the Company's sole and absolute discretion, is improper, immoral or undesirable.
15.2 The User undertakes neither to use the Company's Services for any criminal, unlawful or immoral purpose, including for the purposes of organised crime, prostitution, slavery, people-trafficking, pornography, extortion, gambling, terrorism, trafficking in narcotics or money laundering nor to use any of the Company's Services for malicious or intrusive purposes with a view to breaching the right to privacy of third parties or to bully, intimidate, insult, libel or slander a third party.
15.3 The User agrees to indemnify the Company and that the Company is not responsible or liable for any content sent using, or received from, the Company's service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.
16.1 The User acknowledges that the Company is not responsible or liable for any content transmitted and that full responsibility for content shall rest on the User.
16.2 The User shall ensure that all messages, advertising, information and content produced or generated by the User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which the Company itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:
16.3 United States: the Controlling the Assault of Non solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
16.4 South Africa: the Electronic Communications and Transactions Act No. 25 of 2002, the Consumer Protection Act 68 of 2008 and the WASPA Code of Conduct available at www.waspa.org.za.
16.5 European Union: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
16.6 United Kingdom: the Data Protection Act 1998, available at www.ico.gov.uk, the Privacy and Electronic Communications Regulations, 26 May 2011 available at www.ico.gov.uk as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
16.7 Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by the Company or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which the Company shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against the Company (including claims for re imbursement, refund, compensation or damages).
16.8 The User agrees to indemnify the Company against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
16.9 The User hereby indemnifies the Company against any fine imposed on the Company or any damages suffered by the Company as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which the Company may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to the Company. Any amount not paid to the Company within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
17.1 Where the User breaches any of these terms and conditions then, without prejudice to any of its legal rights, The Company shall be entitled to, amongst other remedies, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User's account/s with immediate effect, without recompense, to delete the User's files held on our servers, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilised by it as damages resulting from such breach and to set off any claims that the Company may have against the User from any other amounts due to the User by the Company.
17.2 Where a User account is suspended or terminated due to any breach of these terms and conditions, the Company reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom the Company, in its sole and unfettered discretion, believes is affiliated with the User concerned.
17.3 The User hereby indemnifies and holds the Company harmless against any and all damages, liabilities, fines and risks that may follow from the transgression of these terms and conditions.
18.1 It is the User's responsibility to keep his password confidential, to select a password that would not be obvious to someone trying to guess it, and to change the password on a regular basis. The Company is not responsible for any data losses or security issues due to stolen passwords. You are advised to use a strong password that contains numbers and symbols in order to prevent unauthorized users from guessing commonly used choices (i.e. "12345", "password", etc.). The Company does not have access to any User's password.
18.2 The User is responsible for maintaining the confidentiality of his password and account, and is fully responsible for all activities that occur under his password or account identification. The Company is not responsible for changed, lost or stolen account data or unauthorized access or use.
18.3 The User indemnifies the Company against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User's Username and password or loss thereof.
18.4 The User agrees immediately to notify the Company of any unauthorized use of his password or account or any other breach of security.
18.5 If you forget or lose your password, you should request a new password by visiting the 'Forgot your password' section on the sign-in page.
19.1 Accounts are granted to the User as an individual or business customer. The User agrees not to share his account or divulge logon details to third parties. The User is responsible for all use of his account whether he has personally operated the account or not.
20.1 The Company is the sole owner of the information collected on the Website. We will not sell, share, or rent this information to a third party for marketing or any other purposes. We may advise you of additional services from ourselves or from our sister Websites and you have the option to opt out of receiving such information by amending your settings at any time in the 'Your Account' area.
20.2 The Company collects, retains, and uses only the information that is necessary to administrate your account. Therefore, it is required for you to provide certain information upon using portions of our Websites. Such information includes your name (either your name, company, or organizations name), address, phone number, email address, and other information gathered through the applicable process.
20.3 All personal information you provide us with will be treated in accordance with the the Company's Privacy Policy.
21.1 The Company retains you the User's contact details when you place an order and guards these details in strict confidence.
21.2 The Company will not disclose the User's information to anyone else except
21.2.1 where we have your consent,
21.2.2 where we are required to do so by a lawful authority,
21.2.3 to other companies who provide a service to us for the sole purpose of fulfilling that service or
21.2.4 to any successors in title to the Company's business,
21.2.5 for as long as the User remains a customer of the Company.
21.3 The Company may send the User information regarding products, services and news about the Company and our Associated Companies. The User may opt out of receiving such information at any time.
22.1 The User agrees that the Company's Website may use these cookies:
22.2 A session cookie which is a small file on our server allowing us to distinguish you from other users, so that we can minimise the time you have to spend retyping information.
22.3 Analytics, which set a cookie file on your computer browser. This cookie stores no personal information about you but simply keeps track of how you browse our website. We use this information to help us further improve your experience on our website.
22.4 Our payment gateways also use further security related cookies.
22.5 All details retained by these cookies are treated as confidential and will not be shared.
23.1 The Company may store credit/debit card information to make it easier for you to complete your purchases on subsequent visits.
23.2 The Company Websites communicate over Secure Socket Layer protocol (SSL) to ensure protection of your personal data. The Company however shall not be responsible for the security of your data or for fraudulent use of your credit or debit card to make purchases on this Website, nor shall the Company be obligated to make refunds or to provide any compensation where such fraudulent use occurs.
23.3 The Company will actively cooperate with law enforcement authorities in prosecuting anyone who uses this Website or products/services sold over this Website for unlawful use. The Company is not responsible if the card holder's issuing bank does not authorize online transactions.
24.1 The Company works hard to run a solid, problem free service. However, the User hereby accepts that there are times when the Company cannot guarantee 100% reliability because of factors such as but not limited to:
24.1.1 Internet congestion
24.1.2 Automatic System Updates Our servers regularly update themselves with patches and bug fixes. Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way. Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation.
24.1.3 Terrorist attack
24.1.4 Acts of God
24.1.5 Virus / Worm / Denial of Service Attack
24.2 The User agrees that the Company makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
24.3 The User agrees that the Company shall not be liable for any damage, loss or liability of whatsoever nature arising from the User's use or inability to use the website or the Services or any content provided from and through the Website.
24.4 Without prejudice to the foregoing provision, in the event that a User has a valid claim against the Company arising from any Services provided under these terms and conditions then the User's claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.
25.1 The Company makes no warranties or representations, express or implied, whether by fact or by operation of law, in contract or tort, statutory or otherwise, including but not limited to warranties of merchantability and/or fitness for a particular use or purpose or regarding this website, the accuracy or completeness of any information presented in this website, or any product or service sold or purchased through this website.
25.2 The Website and the Services are supplied on an "as is" basis with no warranties whatsoever and are not supplied to meet the User's individual requirements. The Company expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties of merchantability, fitness for a particular purpose, title and non infringement of proprietary rights and any warranties regarding the security, reliability timeliness and performance of the Service.
25.3 The Company's Website is not intended for use in connection with any nuclear, aviation, mass transit or medical application or other inherently dangerous application that could result in death, personal injury, catastrophic damage or mass destruction. The Company shall have no liability of any nature if the User uses the software in connection with such activities.
26.1 In no event will the Company be liable for any indirect, special, incidental or consequential damages, whether in an action in contract or tort, even if advised of the possibility of such damages.
26.2 The total liability of the Company for any claims arising from or in connection with this agreement or service, regardless of the form of action, shall not exceed the amount of services fees paid by you either directly to the Company or through a partner/reseller for service rendered for the immediately prior one (1) month of billing.
26.3 The User specifically agrees that the Company will not be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the Company's Service in excess of the cost of the Service provided.
26.4 Cumulative liability of the Company to the User shall not exceed the total monthly service fee of the immediate prior one month of service.
26.5 The User agrees to indemnify the Company fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from the Company's own gross negligence or fraudulent acts or omissions.
26.6 The User specifically agrees that the Company will not be held liable for any losses arising to the User from following any advice given on the website.
27.1 The Company may discontinue, change, or suspend any aspect of the Website at any time. The Company may change, discontinue or suspend the availability of any database, content, feature, or product of the Website. The Company may impose limits on features, including services, use or restrict your access to parts or to the entire Website without notice or liability.
27.2 The Company shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by the Company for any reason other than breach by the User or discontinuance of a Service by a Network Operator, the Company shall refund all monies already paid in advance by the User for any unused terminated Service.
27.3 In no event shall the Company , its employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with:
27.3.1 the use or inability to use the Websites or the content, materials, software, information or transactions provided on or through the Websites, or
27.3.2 any claim attributable to errors, omissions, or other inaccuracies in the Websites or the content, materials, software, information, products, or services on or available through the Websites,
27.3.3 the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from our Website;
27.3.4 unauthorized access to or alteration of your transmissions or data;
27.3.5 statements or conduct of any third party on our Website;
27.3.6 the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non performance of third parties or any reasons beyond their reasonable control; or
27.3.7 any other matter relating to our Website, even if the Company or its authorized representatives have been advised of the possibility of such damages.
27.4 Your sole remedy for dissatisfaction with the Website and/or Website related services is to stop using the Website and/or those services.
28.1 Any product or service advertised or offered for sale on the Website by a third party is neither provided nor endorsed by the Company and the User has a legal relationship in respect of such products or services only with the third party supplier when purchasing such products or services. The Company does not check the accuracy or completeness of the information or the suitability or quality of the products and services of third parties. The User must make his own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website.
28.2 The Company may receive fees and/or commissions from third parties for the sale of products or services displayed or made available on the Website, for advertising goods and services on the Website, or in connection with the number of visitors from the Website who go to a site linked to the Website. The User acknowledges and consents to the Company receiving such fees.
29.1 The User acknowledges that the Company and its Subcontractors own all rights in the Websites and the Services, including without limitation all Intellectual Property Rights.
29.2 The Company shall grant a User an individual, personal, non sublicensable, non exclusive and non transferable temporary license to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services.
29.3 Except for the purposes of using the Websites and the Services, all rights are reserved. There are no implied licenses granted.
29.4 The Company asserts its Copyright over all designs and coding of the Website.
29.5 The Company asserts its Copyright over all templates and advice on marketing on the Website.
29.6 The Company's Websites and their structure, organization, source code, and documentation contain valuable trade secrets of the Company and its Subcontractors, and accordingly you agree not to and not to allow third parties to:
29.6.1 sublicense, lease, rent, loan, transfer, or distribute the Company's Services or any derivatives thereof to any third party,
29.6.2 modify, adapt, translate, or prepare derivative works from the Company's Services,
29.6.3 decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Company's Services,
29.6.4 extract portions of the Comapny's files for use in other applications, or
29.6.5 remove, obscure, or alter the Company's Services or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within the Websites or accessed in conjunction with or through the Company's Services.
29.7 It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the Company's prior written approval.
30.1 It is an offence to purchase any product or service by fraudulent means. Credit/debit card fraud is a criminal offence. The Company uses automated and manual systems to confirm proper credit card authorization, including having our representatives call persons who have signed up for our Services from time to time.
30.2 We shall be entitled, but not obliged, to track every transaction and record all communications from, or instructions given by you to us, or messages sent by us to you through the Website. Information related to fraudulent transactions, including but not limited to IP addresses, detailed transaction records, addresses, mobile numbers and email addresses is collected.
30.3 The information will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud on the Company's Websites.
31.1 The Company provides
31.1.1 Hosted application services ("Services") to its customers including:
31.1.2 Bulk Personalised Email
31.1.3 Bulk Personalised International SMS
31.1.4 A design and data support service at an hourly rate.
31.1.5 A limited range of Computer Peripherals to the UK only.
32.1 The User agrees to purchase blocks of credits at the price stated. The Company will deduct one credit for every Text block of 160 characters or part thereof sent to most country destinations. The Company may deduct more than one credit for every Text of 160 characters or part thereof sent to a number of country destinations clearly specified on the Company's Website.
32.2 Unused credits are held securely and do not have an expiry date.
32.3 Unused credits have no monetary value.
32.4 No refunds will be issued at any time for unused credits.
32.5 The Company reserves the right to modify charges for credits.
32.6 A refund of a credit will be offered only in the remote cases when the Company is notified by its subcontactors that the SMS was not sent.
32.7 The Company shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the SMS recipient's mobile handset. The Company does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
32.8 Messages shall be deemed to have been delivered when the Company has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
32.9 The Company shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
32.10 International Bulk Personalised SMS is a service designed for commercial use. For personal International SMS, customers should use our sister Website JustTxt.co.uk.
32.11 The User agrees to abide by all applicable local, national and international laws and regulations. By way of example, and not as a limitation, the customer agrees not to:
32.12 Use the service in connection with chain letters, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
32.13 Transmit through the service, associate with the service or publish with the service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
32.14 The Company will not monitor or record or store texts sent by the User.
32.15 The User undertakes to include an opt-out mechanism in every Bulk SMS.
32.16 The User undertakes to provide authentic contact details or a return number on Bulk SMS (this also helps with customer dialogue).
33.1 The User agrees to pay the Company the amount specified on the Website for a time-limited subscription of a specific duration.
33.2 At the expiry of the specific duration for which the User has paid the Service shall cease.
33.3 Should the User notify the Company that he wishes to cancel the Email Service, the Company shall issue a refund pro-rata for any complete remaining months, less a refund fee of 1.00, to the User's card used to make the payment.
33.4 The User must give fourteen days notice of cancellation before the next month is due to start in order to receive a refund for that month. The User agrees there will be no refund for parts of months.
34.1 It is against the law as well as damaging to the Company's and the User's reputations to use the Company's Email Sender to send spam, defined as unsolicited messages with no opt-out mechanism.
34.2 The User agrees that if he uses our Service to send Spam he will be reported and his account with the Company suspended with no refund.
34.3 The User agrees that if he causes an email service provider to black-list the Company's server his account with the Company will be suspended with no refund and the User will be liable for all costs incurred in reinstating the Service for other users of the Company's service and for any losses they might incur.
34.4 The User agrees that the Company will not be held responsible for any spam sent by its customers. The User agrees not to hold the Company liable for non-delivery of Emails to customers of an email service provider where that provider has black-listed the Company's server because of the actions of a third party user of the Company's Service
.34.5 The User is responsible for ensuring:
34.5.1 That the recipients (e.g. customers, members, family, friends, business associates, etc.) are expecting to receive messages from him,
34.5. 2 That he provides authentic contact details preferably with a mailing address on emails (this also helps your emails to look professional).
34.5.3 That he includes a reply to email address and an 'unsubscribe' method (eg: "To Stop reply 'Stop'") and acts upon unsubscribe messages received.
35.1 The Company may be contacted at the following address for service:
36.1 The Company and its Websites are owned by and the Company is a trading name of Stephen and Judith Green of Wernlwyd, Pen~y~bont, Carmarthen, SA33 6QN, UK.
