Terms & Conditions of SMSshortcodes.co.uk

The Purchaser shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Purchaser and for giving the Company any necessary information, materials & documentation relating to the Goods and Services within sufficient time to enable the Company to perform the Contract in accordance with its terms.

The quantity and description of and any specification for the Goods or Services shall be those set out in the Company’s quotation (if accepted by the Purchaser) or the Purchaser’s order if accepted by the Company.

No order which has been accepted by the Company may be cancelled by the Purchaser except with the agreement in writing of the Company and on terms that the Purchaser shall indemnify the Company in full against all loss (including loss of profit) costs (including the cost of all labour used) damages, charges and expenses incurred by the Company as a result of cancellation.

Price - The price of the Goods or Services shall be the Company's quoted price or where no price has been quoted (or if the quoted price is no longer valid) the price listed in the Company's published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only (or such other period as is specified in the quotation) or until earlier acceptance by the Purchaser. The Company reserves the right by giving notice to the Purchaser at any time before delivery to increase the price of the Goods and Services to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, significant increase in the costs of labour, material or other costs of manufacture or provision) any change in delivery dates, quantity or specifications for the Goods and Services which is requested by the Purchaser, or any delay caused by any instructions of the Purchaser or failure of the Purchaser to give the Company adequate information or instructions or any other cause attributable to the Purchaser. The price is exclusive of any value added tax, which the Purchaser shall be additionally liable to pay to the Company at the then prevailing rate.

Payment Terms - Subject to any special terms agreed in writing between the Purchaser & the Company the Company shall be entitled to invoice the Purchaser for the price of the Goods & Services on order acceptance or at any time after delivery of the Goods & Services.

The Purchaser shall pay the price of the Goods & Services unless otherwise agreed in writing by the Company on demand but in any case not later than 15 days from the date of the Company's invoice notwithstanding that delivery may not have taken place and that The Goods or Service/s has not passed to the Purchaser. The time for payment of the price shall be of the essence of the Contract.

If the Purchaser fails to make full payment (including any VAT payable) by the due date all of the Company’s invoices rendered (or to be rendered) to the Purchaser (whether in respect of the Contract or any other Contract between the Company and the Purchaser) shall become immediately due & payable to the Company. Without prejudice to any other right or remedy available to the Company the Company shall be entitled to: -

Cancel the Service/s or suspend any further deliveries of Goods & Services to the Purchaser; Appropriate any payment made by the Purchaser to such of the Goods & Services (or the Goods & Services supplied under any other contract between the Purchaser & the Company) as the Company may think fit (notwithstanding any purported appropriation by the Purchaser); and Charge the Purchaser interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% per annum above Lloyds TSB Bank base rate per calendar month until payment in full is made.

The Purchaser shall pay the price for the Goods and Services in full and without deduction or set off.

The Company reserves the right to refuse to execute any order if the arrangements for payment or the Purchaser’s credit are not satisfactory to the Company. All costs and expenses reasonably incurred by the Company in recovering monies due to it will be charged to & be payable by the Purchaser.

The Company reserves the right to suspend the Service/s due to non-payment by the Purchaser.

12-month rental of SMS Short Code(s) - Unless otherwise stated the payments will be 100% with order.

6-month rental of SMS Short Code(s) - Quoted set up fee plus rental. Full payment with order.

Monthly SMS Short Code campaign(s) - Quoted set up fee plus each installment paid in advance.

Choice of Payment Options:

• Online credit card payment
• Offline credit card payment
• BACS transfer
• CHAPS transfer
  Our bank details available on request.
• Standing Order Mandate Form. Contact us
• Invoice/Cheque Account
  We require 4 days from receipt of a cheque before you can use our services.

Cancellation or Suspension of service(s) – The Purchaser shall notify the Company in writing at least 4 weeks prior to the end of any agreed period (including ‘until further notice’) to avoid being charged for the next monthly installment. The Company will make every effort to contact the Purchaser prior to this notice period.

Invoicing – An invoice will be generated and sent to either your email billing address or that of your nominated billing contact.

Provision - The Company will use all reasonable endeavors to make the Service(s) available for use by any reasonable date specified or requested by you but each such date is to be treated as an estimate only.

The Company may change the technical specification of the Service/s from time to time; suspend the Service(s) for operational reasons such as repair, maintenance or improvement. All reasonable efforts will be made to inform you of such events prior to your order being placed.

Interruptions and Omissions in Service(s)

Errors and omissions, interruptions of Service(s) and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any part of it) or to provide the Service(s) offered on this website and we may vary the specification of this site from time to time without notice. Every effort is made to ensure timely delivery of messages but please be advised that our Service(s) may rely on third parties such as mobile network operators. As their performance is out of our direct control we do not accept liability for failure or non-performance of their systems.

SMS Text Messaging - You may access most areas of the Company website without registering your details with us. Certain areas and services of the website may only open to you if you register with us. You may not use our Service/s for unlawful purposes or send unlawful, harassing, threatening, obscene or abusive messages or use our services for sending unsolicited (spamming) messages. If your usage of our systems result in any complaints against the Company, or adversely affect the performance of our systems for other customers, your account may be suspended without refund of any monies paid. If you conduct any of these activities you agree to indemnify Cymba Integrated Solutions Ltd. for any losses incurred.

SMS Message Content - The Company processes some messages on an automated basis. Cymba is not responsible for the contents of a message or its accuracy. The Company transmits messages in good faith & cannot be responsible for the message content, save for administrative messages generated by the Company.

Premium Rate SMS Text Messaging – The Purchaser must agree to conform to the relevant legislation associated with the provision of premium rate telecommunications services. For more information of the current guidelines related to Reverse Billing go to: http://www.icstis.org.uk/

Dedicated SMS Short Codes – Minimum contract period will be for 12 months

Contracts and Governing Law – As a customer of a UK business you are protected by UK law. In particular we seek to meet our obligations under:

• The Trade Descriptions Act 1968
• The Consumer Credit Act 1974
• The Unfair Contract Terms Act 1977
• The Sale of Goods Act 1979
• The Supply of Goods & Services Act 1982
• The Consumer Protection Act 1987
• The Data Protection Act 1998

Under this agreement you agree to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with the service.

Terms & Conditions of Cymba ~ SMSshortcodes.co.uk. Version 2.2 dated 18th May 2007