Limitation of Liability:
WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES AND PRODUCTS SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR SERVICES AND PRODUCTS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You must indemnify us, our business partners, third party businesses partners and any dealer or person associated with Text National against any loss or damage that arises from your use of our services and software products. You release us from any liability for loss or damage that you may suffer. If you do not agree to these terms then DO NOT use our services / products.
Prohibited Uses:
1. Spamming: You are not to use any Text National products or services to SPAM people by SMS, WAP, MMS, voice messages, faxing or by other means. You agree not to use our services with the sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service, which in any way implicates the use of Text National or results in the use of Text National resources. We ask that you obtain written consents from the person you intend to send SMS, MMS, voice messages, faxes and other forms of communication first prior to sending.
2. Illegal Activity: You expressly agree not to use the Text National products or services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Text National to invade the privacy of third parties, impersonation of Text National personnel or other parties or entities, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material.
3. Liability for Breach: For each violation by you of this Section you agree to pay Text National damages to compensate for the lost goodwill such a violation causes, but, where warranted, Text National may waive all or part of the applicable charge. Payment by you under this Section shall not prevent Text National from seeking to obtain other legal remedies against you, including other damages or an injunction.
Billing Fees:
You will not be charged a fee when creating an account online. However, all accounts incur a yearly membership fee of $4.95 USD which is payable on your next credit card payment.
All voice calls will be billed in 60 second blocks and will be always rounded up to the next minute. In the event that the phone line is engaged, busy or unavailable you will still be charged for this phone call. Voice calls are charged from the moment the phone line has initiated a phone sequence to when the phone line has been hung up.
When using SMS and MMS messaging you will be charged a single fee per message sent to each phone number.
When using our faxing service it may be possible that the fax machine is busy or unavailable. We will endeavor to retry faxing several times at a later time in an attempt to transmit your fax successfully. You will be still charged for these attempts which includes any successful and failed attempts. Faxes are charged on a time basis.
Payments for our online service or software products must be paid online via our nominated credit card processors. By using our credit card processors you will be subjected to any terms and conditions that they impose on to you.
Our cost of service and products can be determined by visiting our website directly. These prices online will always be kept up to date however we reserve the right to change prices at any time. Please regularly check our prices for the latest pricing issued.
All services and products purchased are non-refundable. We advise that your trial our services first by purchasing the minimum credit or downloading our trial products to ascertain that the service or product suits and meets your needs.
All messages are sent using various underlying telephone service providers and carriers. As the telephone service providers and carriers themselves do not guarantee successful message delivery implies that we are unable to guarantee message delivery as well. All messages will be charged regardless whether a successful or unsuccessful message delivery occurred at the destination number.
Email Notifications / Messages:
From time to time you may receive an email notification / message from us explaining any enhancements, new features or information regarding our services.
Cooperation and Assistance:
You must give us all reasonable cooperation and assistance that we require in order to provide service to you and fixing any problems that arise.
Complaints and faults:
At first instance, both complaints and faults that relate to our service or product should be emailed to our support staff at support@textnational.com. They will take the necessary action to have faults corrected. If they have not resolved a complaint within 7 days, you should ask that it be referred to a supervisor, who will address it or pass it on to our most appropriate officer. If we ask for written details of your complaint, then you must give them via email. We will report the progress and status to you by email.
Suspension or Termination of Services:
Text National may suspend or terminate any of our online services from you with or without notice. Text National may suspend the Services for any duration and for any reason whatsoever including, but not limited to, violation of Text National prohibitive uses, maintenance, new releases or other improvements and/or to safeguard the integrity of the Services and/or Text National system.
If an account does not receive a credit card payment of more than 12 months then your account will be removed along with any data associated with your account. Unused credit in your account will be forfeited and not refundable.
Privacy Terms and Conditions:
By agreeing to the terms and agreement notice enclosed herein, you also agree and our bound by our privacy conditions as outlined in our privacy document. Click the link to read the privacy details.
Miscellaneous:
This agreement shall be governed in accordance with the laws of United Kingdom. Jurisdiction over any disputes arising under this agreement shall be exclusively with the courts of United Kingdom. Text National reserves the right to amend/change this privacy statement at without notifying you or our business partners of these changes. You will be automatically bound by and agree to our updated terms and agreement contract including the amended and added terms and conditions.
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