Every Message Counts

Terms and Conditions

Every Message Counts

Terms and Conditions

1. Price and Credits

The fees to be paid to Reach-Data Ltd by The Customer are set forth on our website. Reach-Data Ltd has the right to issue a price change to the Customer without notice.

Payments made by The Customer to Reach-Data Ltd for the Services are made in advance of accessing the Services. Reach-Data Ltd shall not be obliged to perform any Services under this Agreement if The Customer has not provided payments in advance.

Payments made by The Customer to Reach-Data Ltd are non- refundable except as expressly set out in these Terms of Use.

The prices for all items are as quoted during the online payment process. The customer confirms the pricing at point of purchase for the Credits or Services.

Credits purchased by The Customer will be valid for 12 months from date of purchase. Unused credits after 12 months are cancelled. No refund will be given to The Customer on cancellation of credits.

Use of Consumable Services provided by the Reach-Data Ltd Platform will result in the consumption of a proportion of credits, a proportion being any fraction greater than or less than 1.

The Credit Proportion used for each Consumable Service is available from the Tariff in the Reach-Data Ltd Shop.

Reach-Data Ltd has the right to change the Credit Proportion for each Consumable Service without notice.

The balance of Credits available to The Customer will be shown within the Reach-Data Ltd Portal. It is The Customer’s responsibility to monitor the balance of Credits available.

No refund will be given to The Customer on cancellation of unused credits.

All charges and fees for the Services are exclusive of any taxes, (including sales, value-added, or other like taxes), and The Customer is responsible for paying all taxes associated with its purchases hereunder. If Reach-Data Ltd has the legal obligation to pay or collect taxes for which The Customer is responsible, the appropriate amount shall be invoiced to and paid by The Customer, unless The Customer provides a valid tax exemption certificate authorized by the appropriate taxing authority.

Long numbers and keywords will be paid for in advance for a pre-determined period as set out on the website and you will be billed at the expiry of this period for the same period again and at the same or adjusted price which you would have received price change notification of by your preferred method of contact.

By using our free test message facility on our home page you are giving your consent for us to contact you either by text message or to call you to follow up your use of our site. Your number will not be used for any other purpose.

Pricing and Delivery Policy – You will have access to the sms credits immediately upon a successful purchase. How SMS credits are calculated: 1 credit = 1 single 160 character length text message to a UK mobile number. Texts sent to a non UK mobile number will be charged at 2.5 credits. For clarity: A single message is up to 160 characters. 1 credit if sending to a UK number or 2.5 Credits if not. If the message is longer than 160 characters you actually only get 153 characters per message part. This is so the handsets know how to join the message when it receives it. Some examples: A 2 part message would be to 2 x 153 characters = 306 characters. This will take 2 credits off your account if sending to a UK number or 5 Credits if not. A 3 part message would be 3 x 153 characters = 459. This will take 3 credits off your account if sending to a UK number or 7.5 Credits if not and so on. The maximum number of characters per single message also depends on the encoding you use. Our systems look at the characters you use and converts the character encoding if needed. For example special characters like the Euro symbol € takes up 2 character spaces. Other languages will be converted to Unicode and other restrictions apply. 160 characters for 7-bit encoding (e.g. latin-1/9 and GSM8). This most standard UK messages. 70 characters for 16-bit encoding (Unicode). This would apply if sending in a different language for example Welsh. The maximum number of characters per concatenated message is slightly reduced due to the inclusion of concatenation headers: 153 characters for 7-bit encoding (e.g. latin-1/9 and GSM8). 67 characters for 16-bit encoding (Unicode).

2. Indemnification and Limitation of Liability

You agree to indemnify and hold Reach-Data Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

The Customer acknowledges that Reach-Data Ltd has no control over the content which passes through the use of the Services and that Reach-Data Ltd does not examine the use of such content or the nature or the source of the content. The Customer shall be solely liable for the content and any other material transmitted by The Customer. Reach-Data Ltd excludes all liability of any kind in connection with the transmission or reception of such content. In case the content was found to be offensive or unacceptable by third parties, Reach-Data Ltd would be entitled, without owing any indemnity to The Customer, with prior notice, to suspend (i.e. to temporarily stop providing the Services) or terminate the Services.

Reach-Data Ltd shall not be liable for any indirect incidental, consequential, exemplary, and special or punitive damages incurred by The Customer, including without limitation any loss of profit, revenue or income, loss or use of data, or interruption of business, however arising. The Parties acknowledge that this is a reasonable allocation of risk.

Reach-Data Ltd’s maximum liability to The Customer arising out of or related to this agreement is limited to £100. Liabilities limited by the preceding sentence include, without limitation, liability for negligence.

The aforesaid limitations of liability do not apply to damage caused by the fault of any party, its statutory representatives or employees resulting from harm to life, physical harm or harm to health.

3. Intellectual Property Rights

You undertake to comply with the terms of any software licence agreement reasonably required by Reach-Data Ltd in respect of any software made available to you under this agreement (“Software Licence”).

You acknowledge and agree that all intellectual property rights in the services and any associated software supplied in connection with this agreement are vested and shall remain vested in Reach-Data Ltd, or the relevant third party licensors, as appropriate, and all such rights are expressly reserved. All rights and goodwill in and to the name, ‘Reach-Data Ltd’ and any associated logos, trade marks, devices or designs used by Reach-Data Ltd or referred to in any marketing or other materials used in connection with the services supplied under this agreement are strictly reserved to Reach-Data Ltd or the applicable licensor. Accordingly, you may not refer to or use such marks without the prior written consent of Reach-Data Ltd or the applicable licensor.

4. Availability and Interruption of the Service

The Service is made available to You as an account, to which a unique 11 digit virtual mobile number or a unique combination of shared short code and keyword may be allocated.

Some or all elements of the Service may be accessed via a web application, an email gateway, a software tool and / or a web service, the APIs of which You may embed in Your technology offerings.

We will make the Service available to You as either a Customer and / or a Non-billable Customer using reasonable skill and care. You do however acknowledge and agree that the availability of the Service, Your ability to access and / or use the Service and the conducting of any given Transaction may depend upon factors beyond Our reasonable control, including

(but not limited to factors affecting the operation of the Service and / or preventing Transactions from being successfully conducted such as, by way of example, geographical or topographical shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or atmospheric conditions; or factors preventing end-users from receiving messages, voicemails, faxes and / or voice calls (as applicable) such as, by way of example, the terms and conditions of an end-user's service provider.

We cannot therefore guarantee: that the Service will be available to You at all times or free from faults or interruptions;

the receipt by any intended recipient of any message, fax and / or voice call sent using the Service (as applicable); the retrieval by any intended recipient of any voicemail using the Service (if applicable); or

that the Service will enable the location of any given GSM or GPS device to be accurately detected in every case.

We may, at Our sole discretion, alter or improve the Service We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Service.

It may be necessary from time to time for Us to suspend the Service that We provide to You for routine or emergency maintenance and / or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.

We may at Our sole discretion suspend Your access to the Service and / or cease to allow any Transactions to be conducted by You if:

You are in material breach of the Agreement and / or any applicable codes of practice, guidelines, rulings or regulations of any national telecommunications regulatory authority or other competent body or authority (“Regulator”) relating to the Service that may be introduced or made from time to time during the continuation of the Agreement and with which You must comply or to which You have agreed to be bound (“Codes”), including (but not limited to) those issued by PhonepayPlus and the Industry Code of Practice for the use of mobile phone technology to provide passive location services in the UK; You are doing or have done anything unlawful in the course of using or relating to Your use of the Service; a Network Operator or a Regulator requires it; at any time the number of Transactions that You are conducting exceeds any forecast You have given Us of the number of Transactions that You expected to conduct at that time (“Forecast”) or, in the absence of any applicable Forecast, the number of Transactions conducted by You at any time causes or is likely to cause congestion to any telecommunications network; or We are entitled to terminate the Agreement for any reason, in which case We will give You appropriate notice as soon as is reasonably possible.

You may use Our Site only for lawful purposes. You may not use Our Site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5. Force Majeure

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.

6. Termination

You may cease use of the Reach-Data Ltd service at any time without notice, except where a previously stated written notice period is applicable.

Reach-Data Ltd reserves the right to suspend your use of any of the services without notice in the event of inappropriate use of the service or in any event on giving you written notice of termination.

In the event of non-payment of overdue invoices Reach-Data Ltd reserves the right to suspend the service on serving 7 days notice via email to your designated email address supplied at the date of ordering the service in question.

Reach-Data Ltd may terminate this agreement in the event that any of the following occurs in relation to you: you pass a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or ceases, or threatens to cease, to carry on business or any analogous event occurs in relation to you in any territory.

Reach-Data Ltd reserves the right to automatically terminate this agreement if you do not use any of the services for a period of at six months. On termination of your account any unused credits will be cancelled.

In the event of termination or suspension of service any monies owing become due immediately and all rights and licences granted under this agreement shall come to an end. Termination shall not affect all rights and duties that have accrued up to and including the effective date of termination.

7. Cookies

Cookies are small amounts of information which we store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the Website. Cookies make it easier for you to log on to and use the Website during future visits. They also allow us to monitor Website traffic and to personalise the content of the Website for you. You may set up your computer to reject cookies by although, in that case, you may not be able to use certain features on our Website.

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