Terms and Conditions

These Terms and Conditions are are binding legal Agreement between you, the Customer, and Text Out SMS. The Agreement shall commence on the Customers registration for the Service. By registering for the Service you agree that you have read and understand these Terms and Conditions and you will be bound by and will abide by these Terms and Conditions.

The Service
The Service enables SMS text messages to be sent and received. The Service is accessed via Text Out SMS's web platform "TextOut Web", email solution "TextOut Email" or developer's API. "TextOut API".

The Service is made available to the Customer through Registered Accounts. Credits are purchased on a prepaid basis enabling the Customer to use the Service. The price of credits can be found on the SMS Pricing page. Text Out SMS reserves the right to change the price of SMS credits at any time. Should there be a change in cost after the Customer has purchased credits from Text Out SMS, Text Out SMS will honour all prepurchased credits without altering the value of the purchased credits.

Text Out SMS neither claims nor guarantees either availability or performance of the Service. While every reasonable care is used to make the Service available, you understand and agree that the availablility of the Service may depend upon factors beyond Text Out SMS's reasonable control and no guarantee can be given that the Service is uninterrupted, continuous or error free, and that the use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

Text Out SMS send and receives messages via telecommunication wholesale providers and mobile network providers and therfore cannot guarantee the final delivery of any message sent using the Service as this is beyond our control and is the responsibility of the mobile network operator. A message will be deemed to have been successfully sent when it has been delivered to the mobile network operator. Text Out SMS only provides that messages sent through the Service are processed correctly and delivered to the applicable network. You should know that the mobile network operators assign messages a default lifetime and any message that cannot be delivered within the lifetime will be discarded by the mobile network operators without notice. Text Out SMS accepts no liability for transmission delays or message failures, and you agree to fully indemnify Text Out SMS against any loss or damage resulting from message delays or failures.

It may be necessary from time to time for Text Out SMS to suspend the Service for routine or
emergency maintenance. Text Out SMS will, if reasonably possible, provide the Customer with a reasonable period of notice prior to any such suspension. The Customer agrees that during the conduct of such maintenance, it may not be able to access or use the Service. Text Out SMS reserves the right at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Text Out SMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the Service.

Customer Conduct and Obligations
When using the Service the Customer must comply with and not transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities.

The Customer must not to harass, stalk, abuse or threaten any other person using the Service.

The Customer must not transmit or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind.

The Customer must not mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone else or by providing contact details that do not belong to you.

The Customer must not send unsolicited marketing messages, i.e. spam. The following resources are intended to provide an explanation of the Spam Act and what is required of the Customer to comply with the legislation when sending legitimate commercial electronic messages: Spam Act 2003 : An Overview for Business ; Spam Act 2003 : A Practicle Guide for Business. It is the Customers responsibility to ensure that they comply with the Spam Act.

The Customer must not not address the mobile end users with messages inviting the mobile end user to call back a premium rate number or send a SMS charged at a premium rate.

The Customer must not send any messages that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.

The Customer must not transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment

The Customer agrees not to interfere with the operation of the Service

The Customer agrees that all activities, which can be traced to your Registered Account, are deemed as having been performed by yourself and are legally binding to you. You agree that you are responsible for maintaining the confidentiality for the password for your Registered Account and you accept responsibility for all activities and message content transmitted from your Registered Account. Text Out SMS does not assume any liability for activities conducted through your Registered Account and that the Customer is fully responsible for all activities conducted through their Registered Account.

In case any claim is brought against Text Out SMS from any third party due to any activities conducted through your Registered Account, you shall indemnify and reimburse Text Out SMS all liabilities, costs, losses and damages relating to such claim provided.

The Customer understands and agrees that Text Out SMS may, in their absolute discretion, monitor the messages sent by the Customer using the Service.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Registered Account. Text Out SMS reserves the right to exclude you from the Service. You agree that Text Out SMS, in its sole discretion, may terminate the Agreement and your use of the Service for any reason.

Privacy Policy - Confidentiality and Data Protection
Text Out SMS will at all times keep confidential all information gathered, in respect of the Customer or the Customer's business, as a consequence of providing the Service. We will not reveal, rent or sell this information to any third party, except for information already in the public domain or information where we are legally required to disclose by law.

Text Out SMS will not use Customer Data, to which Text Out SMS has access, other than for the purposes of providing the Service and fulfilling its obligation in this Agreement. We will treat the Customer's End User Data as confidential and will not disclose it to any third party or use or copy any part of it. Text Out SMS will not make further use of the Customer's End User Data without the Customer's express authorisation.

Refund Policy
The Customer's first purchase from Text Out SMS is backed Text Out SMS's 30 day satisfaction guarantee. Within 30 days of your first purchase, if for any reason you are unhappy with the Service you may request, in writing, a refund for any unused credits. Text Out SMS shall exclude you from any further use of the Service and refund your money back for any unused credits, no questions asked.

In any other circumstance all purchases must be considered as final.

Your Registered Account credits are non-refundable and do not expire. Text Out SMS debits credits according to transmission logs. These logs are deemed to be correct and valid even if the customer has objected against the correctness of the records, except if investigations by Text Out SMS have produced evidence of error.

Text Out SMS cannot guarantee the delivery of messages due to possible errors on the part of the mobile network operators and therefore does not refund undeliverable messages to you.

Support
Text Out SMS will provide support in respect of the Service from 8:30am to 5:30pm AEST time, Monday to Friday, except for Public Holidays in Australia. Outside such hours Text Out SMS will use reasonable efforts to provide support in respect of the Service.