ShortShout Terms & Conditions

Please read the following very carefully. These are your rights and obligations when you register for or use any of our services.

By registering for or using any of our services you agree that you have read, understand and are bound by these terms. If you do not want to be bound by the terms, you must not register for or use ShortShout services.

Changes to Terms

We may change any or all of the terms including (without limitation) the charges at any time without notice to you. Any changes will become effective when we publish them on the ShortShout website. You must check the ShortShout website and the terms regularly for changes. By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges. If you do not accept the changed terms or charges, you must stop using the service.

ShortShout Services

We always try to provide the services to the best of our ability. We may suspend, interrupt, change or end any service for any reason without notice. We will try to widely publicize changes to the services which apply generally. We may also give you advance notice of any interruption of a service due to maintenance.

Limitation of Liability and Indemnity

You subscribe to and use any service at your own risk.

Neither we nor our affiliates, employees, agents or service providers are liable to you or any third party for any damages suffered by you or a third party howsoever arising, including (without limitation) any damages suffered by you due to: our negligence, or the negligence of our affiliates, employees, agents or service providers; your use of a service; any interruption of, or error in the service; our failure to fulfill our obligations as a result of any circumstances beyond our reasonable control, including (without limitation) fire, explosion, earthquake, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.; or disclosure of your information.

If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the service.

You indemnify, us and our affiliates, employees, agents and service providers, against all third party claims, damages and legal costs howsoever arising from or relating to: your breach of these terms; any claims made by third parties by your use of a service.

No Warranties

Despite anything to the contrary in these terms, we provide all services "as is" and "as available"; and don't warrant, represent or guarantee, whether expressly or by implication, that any service is free of errors or interruptions, always available, fit for any purpose, secure or does not infringe any third party rights.

Without limiting the generality of the above, no service is fault-tolerant or is designed, manufactured or intended for any use in which a failure or malfunction could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). In addition to the other disclaimers and limitations contained within this agreement, we and our affiliates, employees, agents and service providers specifically disclaim any express or implied warranty of fitness for high risk activities including emergency notification services.

Messages and Other Limitations

We are not responsible for the deletion or failure to store information.

We have set no fixed limit on the number of message you may send through our service apart from how many message credits are left in you account.

We may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

We may, in the future, with prior notification, limit the amount of storage space available to you.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

Your Conduct

You must only use the services: in accordance with the terms; for lawful purposes; in accordance with all applicable local, national and international laws and regulations; and for the purposes for which they are designed.

When you use our services, you must not: do anything which violates any terms; send junk SMS messages, spam or any unsolicited messages (commercial or otherwise); make any misrepresentation including (without limitation) deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header; forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service.

When you use our services, you must not: transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context; commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters"; violate or infringe any intellectual property rights.

When you use our services, you must not: do anything which does or may damage, impair, overburden or disable any system of any person (including us) using our services; interfere with another user's use and enjoyment of the service or of similar services; interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services; transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots; harvest or collect information about others, including email addresses, without their consent for any reason; violate the privacy of any person; repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient; transmit content that you do not own or do not have the right to publish or distribute; access any of our services or any similar service of any third party or any network without authorization or through hacking, password mining or any other means; perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices; use the service for commercial use without authorization; or help any third party to do any of the above.

Codes of Conduct.

You must comply with text messaging best practices as per the Mobile Marketing Association (source MMA) USA.

Charges and payment

In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify including (without limitation) our charges for messages delivered or partially delivered using any available delivery method.

All charges are payable upfront. You must pay all charges upfront by buying message credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time to as we need to add the credits to your account.

Charges are due and payable at the time of, or before we deliver a message to your recipients, via every method of delivery based upon the billing plan we select. Payment is deemed to have been made as soon as the charge is available in our bank account. We may make other payment arrangements in our sole discretion, on a case-by-case basis.

If we issue an invoice to you, you must pay the invoice within 30 days of date of the invoice.

Your failure to pay any amount when due, will constitute a breach of these terms.

In the event of any Regulatory Fine as a result of the client's service, ShortShout shall be entitled to withhold or deduct the amount of such fine, charge or sum from any sums payable to the Client under this agreement.

In the event that any amount on the client's account is outstanding, ShortShout shall be entitled to withhold or deduct this amount from any sum payable to the Client whether in premium rated revenue share or any other fees.

If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer, you must pay all amounts due, on demand.

Your agreement with the credit card issuer governs the use of your credit card. So, please refer to that agreement to see what your rights and obligations are as a cardholder.

We may increase our charges at any time by notice to you. If we increase our charges after you have bought credits from us, we will give you 14 days' notice of the increase. The increase will then apply to the credits that you have in your account.

Expiry of credits. You must use up your credits within 6 months from the date on which you bought the credits. We may extend this period on a case-by-case basis in our sole discretion.

Refunds of credits. No refunds are available for credits purchased by invoice (e.g., check). For Credit Card and PayPal payments, you may ask us to refund any unused credits within 7 days of buying those credits.

Interception of Communication

By subscribing to or using a service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

Questions

If you are confused or have any questions regarding these terms, please contact us.