Terms of Use |
By sending this message, I hereby agree that I have read, and agree to comply with the following terms and conditions governing the PROTEXTING LLC Messaging Center ProTexting.com. ProTexting.com is a property of PROTEXTING LLC and the use of its services is available to anyone in the United States only if they abide to the Terms and Conditions that govern this SERVICE.
With regard to each campaign, you and your clients agree to the sending and receiving of marketing text messages. ProTexting shall be deemed a "common carrier" with respect of each campaign and you agree to cooperate with ProTexting in its reasonable efforts to maintain such status.
1. This is an agreement between you and ProTexting Messaging Center related to your use of the Messaging Center. The agreement consists of the following terms and conditions as well as the ProTexting Privacy Policy. By your use of the Messaging Center message delivery system, you are deemed to have consented to all of these terms and conditions.
ProTexting is a mobile marketing and technology company whose core technology is a unified mobile messaging platform that enables its clients to communicate with their customers via SMS. By using ProTexting's products and services, you and ProTexting agree to the following:
Mobile Terms of Service
Charges: Standard message and data rates may apply to any end user who receives or sends SMS messages.
Shortcode: Unless otherwise stipulated in writing, your mobile messaging program will utilize a ProTexting-provisioned shortcode.
SMS Coverage: ProTexting maintains coverage (SMS ) with an ever-growing number of wireless carrier networks. For updated information regarding which carriers support SMS through ProTexting, please contact ProTexting at info [at] protexting [dot] com.
STOP: At any time, a recipient of a mobile message (SMS or MMS) may have their phone number removed from the distribution list by replying STOP or STOP + KEYWORD.
Customer & Technical Support: ProTexting's normal hours for Customer and Technical Support are Monday through Friday, 9am to 6pm Eastern Standard Time. After hours and holiday calls are handled by ProTexting's support staff the following day.
Incorporation of MMA Guidelines: You agree to adhere to the current Mobile Marketing Association's "U.S. Consumer Best Practices Guidelines" ("MMA Guidelines") published at http://mmaglobal.com/policies/consumer-best-practices.
In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.
Content: "Content" means the material you are asking ProTexting to store, process, or transmit to end users. You represent the following:1) You own the Content and / or you have obtained all licenses and clearances necessary for distribution of the Content to mobile devices (and, optionally, web sites, flash widgets, or other means of viewing the content that we mutually agree on). The Content does not violate the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
2) The Content is consistent with standards imposed by mobile aggregators and carriers; specifically, it is not libelous, defamatory, false, misleading, inaccurate, sexually explicit, unlawful, obscene, or racially or ethnically offensive, or objectionable.
3) The Content adheres to the current Mobile Marketing Association "U.S. Consumer Best Practices Guidelines" published at http://mmaglobal.com/policies/consumer-best-practices.
4) The Content (including its storage, transmission, and delivery) does not violate any law or regulation in the United States, New York, your home jurisdiction(s), or any jurisdiction where the Content is stored, transmitted, or delivered.
ProTexting may refuse to transmit or may delete any Content that, in its opinion, violates any of the above. In such case, ProTexting will inform you of the problem and work with you so that the campaign may be completed.
In order for ProTexting to fulfill the terms of this agreement and the associated insertion orders, you permit ProTexting to transform and encode the Content into various formats, store it, and transmit it via third parties to mobile devices (and, optionally, web browsers, flash widgets, and other means of viewing the content that we mutually agree on).
Campaigns:ProTexting may refuse, suspend, or terminate any campaign that, in its opinion, is not in compliance with the then-current MMA Guidelines, (ii) violates any applicable law or regulation, or (iii) is deemed by ProTexting, in its sole discretion, to present a reputational risk to ProTexting or its partners, customers or affiliated businesses.
Mobile Phone Numbers You Provide To Us:If you provide mobile phone numbers for use by the ProTexting platform and either you or we use the platform to send messages to those mobile numbers, you represent that:
1) you have complied with the MMA Guidelines in the collection and use of these mobile phone numbers;
2) ProTexting's delivery of messages to these mobile phone numbers will not violate MMA Guidelines (i.e., opt-in requirements, etc.)
3) sending messages to those mobile phone numbers does not violate any applicable law or regulation.
Reporting: You may receive access to ProTexting's online Campaign Manager, which will confirm the start of the campaign and provide proof of performance.
Service Level and Reliance on Third Parties: ProTexting's messaging platform has 99.99% uptime. However, that platform relies on multiple external suppliers to transmit messages to and from mobile phones, including 'aggregators' who intermediate between ProTexting and various mobile carriers, the mobile carriers themselves, different internet service providers; several server hosting companies, and others. Message delay or failure due to these outside parties can occur and falls under the definition of "Force Majeure" as described below.
Force majeure
Generally. Excluding payment obligations, neither client nor the Company providing services will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If Media Company suffers such a delay or default, Media Company will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period for the transmission. If no such substitute time period or makegood is reasonably acceptable to Client, Company will allow Client a pro rata reduction in the space, time, and/or program charges hereunder in the amount of money assigned to the space, time, and/or program charges at time of purchase. In addition, Agency will have the benefit of the same discounts that would have been earned had there been no default or delay.
Related to Payment. If Agency's ability to transfer funds to third parties has been materially negatively impacted by an event beyond the Agency's reasonable control, including, but not limited to, failure of banking clearing systems or a state of emergency, then Agency will make every reasonable effort to make payments on a timely basis to Media Company, but any delays caused by such condition will be excused for the duration of such condition. Subject to the foregoing, such excuse for delay will not in any way relieve Agency from any of its obligations as to the amount of money that would have been due and paid without such condition.
4's/IAB Standard Terms and Conditions Version 3.0
c. Cancellation. If a Force Majeure event has continued for five (5) business days, Media Company and/or Agency has the right to cancel the remainder of the IO without penalty.
Additional Indemnification: You agree to indemnify ProTexting and will hold it and its Resellers and subsidiaries (and the owners, directors, employees and agents of each of them) harmless against any damages, losses and expenses (including reasonable attorneys' fees and disbursements) arising out of or relating to any claims, actions or other proceedings that are brought by or on behalf of any third party, if those claims result from your acts or omissions in connection with ProTexting's storage, conversion, transmission, or delivery of your Content, or from ProTexting's authorized use of mobile phone numbers supplied by you.
2. Use of ProTexting Messaging Center. You are not to use the Messaging Center for any unlawful or abusive purpose, including but not limited to any use which disrupts ProTexting system or other customers, damages ProTexting property, or interferes with ProTexting ability to provide service to other users. You agree to comply with all laws while using the Messaging Center and you agree not to transmit any communication that would violate any laws, court order or regulation or would likely be offensive to the recipient. You are responsible for all content you transmit through the Messaging Center. ProTexting only provides you with the SERVICE of sending short messages to mobile phones. ProTexting messaging center is not liable for any consequences that might arise from sending messages by any person that uses the service provided at ProTexting.com
3. Privacy. ProTexting will collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you, our users. Mostly, this is done by completing an online form. ProTexting will not sell or rent your personally identifiable information to anyone. ProTexting will not be liable for any lack of privacy you may experience while using the Messaging Center ProTexting has the right to intercept, disclose, or delete any messages sent through the Messaging Center in order to protect its rights
4. Payment.
4.1 Recurring Payment – When you purchase a ProTexting package you acknowledge and agree that this is a recurring payment made to ProTexting by the method you have chosen until the package/Product is terminated by you or ProTexting. No credit or refunds will be issued in the event of cancellation of account with ProTexting after the beginning of the billing cycle. The client will be given the option to use his/her account until the end of the billing cycle or to terminate the account immediately. The recurring service fee under the Terms shall be paid by the Client in the currency as specified in ProTexting's terms. Payment shall only be deemed received by ProTexting upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods. Where you authorize payment to be made by credit or debit card then such authority shall be deemed as authority to ProTexting to take all that the Client owes under or in connection with the Terms of use. You shall be responsible for any and all expenses incurred by ProTexting in recovering amounts in case your credit or debit card is misused or declined for any reason, and shall pay interest on them (before and after judgment) at annual rate of 5% above the base lending rate of the Fed calculated daily until payment is made in full. Failure to settle all amounts within 14 days of the due date may result in withholding of further Services and/or suspension of existing Services.
4.2 Early Auto Renewal – This feature will automatically be enabled when you purchase a ProTexting package. When the account has only 10% of the credits remaining Early Auto Renewal loads the same amount of credit and moves your pay date. You get notified that the early auto renewal has kicked in and you get a receipt of the payment. You can disable Early Auto Renewal at any time by accessing the Settings page of your account.
4.3 Service Termination – client can terminate the account at any time, unless otherwise stated in a dedicated client signed insertion order or agreement where the length of service is specified. In an event that a client is on a contract-based subscription, a termination request will end the service at end of the contract.
1) by logging into his/her ProTexting account and clicking on Cancel account or
2) by sending a written cancellation request to ProTexting Support Team at support [at] protexting [dot] com. The account is not automatically cancelled because of lack of inactivity and client is still liable for service fees until the account has been cancelled as noted above. Client agrees that ProTexting does not issue refunds or prorate partial billing cycle regardless of the account not being used or logged into. Once the account is cancelled, the billing cycle will close and the client won't be charged again.
5. Limitation of Liability. Under no circumstances will ProTexting be liable to you or any other person for any indirect, direct, special, punitive, incidental, consequential damages of any character that arise from you or any other users use of the Messaging Center at ProTexting.com. ProTexting is not liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between ProTexting Messaging Center and you, the user of ProTexting.com.
6. No Warranties. ProTexting makes no express warranty regarding the service or the messaging center and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. ProTexting does not authorize anyone to make a warranty of any kind on its behalf and you should not relay in any such statement.
7. DISCLAIMER To the fullest extent permitted by law ProTexting.com (the Site) and its contents is provided by ProTexting.com on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, ProTexting.com does not represent or warrant that:
(i) the Services will meet your requirements;
(ii) the Services will be uninterrupted, timely, secure, or error-free;
(iii) any results obtained from using the Services will be accurate, complete or current.
You acknowledge that the allocation of risk in these terms reflects the price paid for the Services and that it is not within the control of ProTexting.com how or for what purposes the Services are used. If any exclusion in this service is held to be invalid and ProTexting.com becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services. ProTexting.com shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. ProTexting.com is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. ProTexting.com reserves the right to raise additional charges for any work so arising. If any Services are or become unavailable then ProTexting.com will use reasonable endeavors to repair and reinstate the service, depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of ProTexting.com to deal with circumstances within its control and is for more than a total of 48 hours in any 30 day period then ProTexting.com will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount. Neither ProTexting.com nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss under Terms, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Client's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify ProTexting.com from and against any claim which may be made against ProTexting.com in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If ProTexting.com is prevented or delayed in or from performing any of its obligations under the Conditions due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency ProTexting.com shall not be liable for this.
8. Opt in Guarantee by Client. Clients of ProTexting.com guarantee that the phone numbers in their account are 100% opt-in, and Recipients recognize the sender and expect to receive messages from him/her. If for any reason ProTexting.com suspects that the numbers may not be 100% opt-in, it reserves the right to request a written explanation from the client including the method of collecting the phone numbers and a guarantee signed by client that all the people on his/her list agreed to receive text messages from client. ProTexting.com reserves the right to take any action it thinks appropriate in such case of suspected non-opt-in list, including but not limited to cancellation of the account.
9. GDPR – Controller Status: By using the SERVICE, you hereby agree and acknowledge that you are a “data controller” under the terms of the European General Data Protection Regulations (“GDPR”) and, to the extent the GDPR applies to your use of the SERVICE, you further acknowledge and agree that Protexting LLC holds information solely on your behalf, (ii) Protexting LLC will be acting solely as a “data processor” and, (iii) you are fully compliant with all GDPR rules and regulations relating to your use of the SERVICE (including providing requisite notice and opt-out rights to your users regarding the collection and storage of user date outside of the European Union).
Agreement. You acknowledge that these terms and conditions are a material part of ProTexting decision to provide Messaging Center service to you.
ProTexting may amend this policy from time to time, at our discretion. If we make any substantial changes we will notify you by posting the changes here on these Terms and Condition pages. If you have more questions, comments, report any violations of the Messaging Center ProTexting.com please send your feedback to us here ».