Terms of use
toText.net Service
toText.net is a brand of Slepe Communications Ltd. These are the terms and conditions of business ('Terms') under which Slepe Communications Ltd of Cambridge, United Kingdom ('Slepe') offers the Messaging Service ('Service') to any person using the Service (the 'User'). By using the Service the User agrees to be bound by these Terms (or as modified) and also agrees to use the Service in accordance with all applicable laws.
The Service
The Service is offered by Slepe to help the User communicate from their personal computer to mobile phones using email and the Short Message Service ('SMS') supported on many digital mobile phone networks. Whilst Slepe will endeavour to offer a high quality service translating emails from most popular email packages to SMS messages we cannot guarantee that the Service will always be available when the User wishes to send a message, nor that all emails can be accepted nor that a message can be delivered by a particular mobile network. The features offered by the Service from time to time are described on the toText.net web site. Slepe reserves the right to improve, modify or withdraw the Service at any time.
Obligations of User
The User agrees to register using the toText.net web site or other means provided by Slepe prior to use of the Service. The User also agrees to notify Slepe of any registration information which has changed. All information provided by the User shall be truthful and accurate. The User acknowledges that access to his account is protected by a password or passwords which he has chosen. The User agrees that Slepe is not liable for abuse of the User's account by third parties caused by the User either not using or disclosing his account or email passwords. The User agrees to keep all passwords secret and not reveal any password to a third party. The User agrees to notify Slepe as soon as reasonably practicable after realising that there has been unauthorised use of his account. The User agrees to only use the Service for lawful purposes and shall not use the Service to send (or allow any other party to send) messages or information which are obscene, defamatory, libelous, threatening, offensive, encourage criminal conduct, give rise to a civil liability, contain protected information belonging to a third party (whether protected by copyright or not) or are otherwise unlawful. The User is responsible for the contents of all messages sent from his account and the consequences of such messages. The User agrees not to use the Service in a way which would prejudice the use of the Service by others including, but not limited to, chain or junk messages, "spamming" or the transmission of viruses or the like. The User further agrees not to create distribution lists without the permission of the addressees.
Payment Terms
The price for use of the Service is made available on the toText.net web site. The User pays a subscription to use the Service in advance which entitles him to send a number of messages. All payments are in pounds sterling, made by credit card or such other means as Slepe may make available from time to time and are subject to UK taxes and duties as appropriate. The User is able to view the balance of his account on the toText.net web site.
Liability of Slepe
Slepe accepts no liability for the timeliness, non-delivery or failure of a message unless due to gross negligence on its part. The User accepts that the accurate delivery of the Service involves factors outside of Slepe's control including performance of communications networks not operated by Slepe and the delivery of the SMS message by the appropriate mobile network. In particular no guarantee is given implicit or otherwise as to the time between the User sending an email and the delivery of the message to the mobile phone. Use of the Service is at the risk of the User. To the full extent permitted by law, Slepe excludes all liability for consequential losses resulting from the use of the Service however caused.
Reply Costs
Slepe does not make any charge for replies handled using the service. The virtual mobile numbers that are used to receive the replies are hosted on Slepe's behalf by a company based in the Isle of Man. Some operators in the UK consider this network to be a roaming partner, the consequence of which is that UK handsets that send texts to these virtual mobile numbers may be charged outside their standard account text bundle. This issue only affects customers on the T-Mobile and Virgin networks, and the other operators are happy to handle texts in the usual way for UK networks at no extra cost.
Termination
Slepe may terminate the User's account or withhold service if the User is in breach of these Terms or if Slepe has been notified or suspects that the User's account is subject to unauthorised use. Slepe may terminate the account for any other reason, including sustained periods of inactivity, by giving the User 30 days notice of our intention to do so. The User may terminate the account at any time by giving Slepe notice in writing or by email. The obligation of the User to pay any sums owed to Slepe survives the termination however caused.
Data Protection
Slepe respects the User's privacy and will not, except where required by law, disclose to third parties personal information the User has supplied to us unless with the User's express permission. Slepe will only store User's messages on a temporary basis in order to operate the Service. Once the message has been dispatched it will be erased from our system. In using our services and web site the User agrees to Slepe using and processing personal information internally for the purpose of us delivering the best possible service. A full statement of our privacy policy may be found on the toText.net web site
Proprietary Rights
Slepe asserts all rights associated with its proprietary information including, but not limited to, patents, copyright, trademarks, logos, layouts and design of web pages. The User shall not copy, edit, sell or otherwise interfere with these rights.
General Terms
Slepe may modify these Terms at any time without notice where such modifications are not detrimental to the User. The current Terms in force will be available on the toText.net web site From time to time it may be necessary to modify the Terms where, for example, Slepe has added a new service or significantly enhanced or modified the Service. Where the modification to the Terms may be detrimental to the User Slepe will give the User 30 days notice of such changes. These Terms constitute the entire agreement between Slepe and the User concerning the Service and supersede all previous understandings or arrangements however made. Slepe may assign its rights in these Terms to its successors, licensees or assignees. The rights of the User are personal and may not be assigned. All notices under these Terms will be considered to have been served when sent to the last contact email address supplied to Slepe by the User or to support@totext.net as the case may be. These Terms are to be governed by and construed in accordance with the laws of England and Wales. The parts of these Terms are separately enforceable and if any part is deemed by a court of competent jurisdiction to be unenforceable then the remaining parts will remain in force.
Termination of Messages
The prices for SMSs shall apply for the quantity of SMSs “terminated” by Slepe's Platform. An SMS is defined as "terminated" if (a) it has been delivered to the handset within the validity period of the SMS, or (b) it could not be delivered to the handset within the validity period because (i) the subscriber corresponding to the SMSs MSISDN number was considered unknown or illegal by the GSM network, or (ii) the handheld device was not suitable for the reception of SMSs, or (iii) the handset was not logged-on to the network during the validity period, or (iv) the handset's memory was not sufficient for the reception of the SMS during the validity period, or (v) for any other reasons outside of the responsibility of Slepe.
Invoiced Accounts
Unused messages within a monthly invoiced package shall not roll over into any subsequent months. Monthly charges are calculated as integer units of complete or partial months. For the avoidance of doubt, if a customer gives notice to cease the Service part way through a month, then charges shall be calculated up to and including the whole of the month in which the notice was given.
Governing Law
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and interpreted in accordance with the laws of England, without giving effect to its choice-of-law rules, and the parties hereby submit to the non-exclusive jurisdiction of the English courts for the resolution of any dispute which may arise in connection therewith. If any part of this agreement is ruled invalid by a court, then the remainder of the agreement shall remain in force.
Slepe Communications Ltd, 24th June 2007
Spring Digital