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The following terms and conditions form a legally binding contract between You the client, and Us the supplier. By creating an
account or using any of the facilities provided by us you consent to be bound by these terms and conditions. No variation to these
terms is applicable unless agreed in writing and signed by both parties.
Definitions
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We, Us and related words applies to Design Atom, our employees, contractors and suppliers. You applies to the client, your employees
or representatives.
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The Client is a company, business, organisation, person or persons being supplied with any of the services offered by Us.
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In Writing refers to correspondence either by letter, facsimile or email and sent to an address or number that has been specified by
the respective party for the purpose of receiving correspondence.
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Payment refers to cleared funds in our bank account.
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Software is the programming code that allows the website or application to function as specified.
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Content is the text and images that is used on the website or application.
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Commissioned refers to bespoke work carried out by us and supplied to you in return for payment.
Terms Of Use
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SecureText and all associated facilities is offered for use by UK based businesses, organisations, clubs and charities only and is not
available for personal use.
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To enter into this agreement you must be over the age of 18 and have the authority to enter into this agreement on behalf of your business
or other entity.
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We reserve the right to terminate this agreement at any time in the event that you are in breach of the terms and conditions outlined herein.
In such event you shall immediately pay all outstanding monies due. In any case we reserve the right to terminate your account by giving no
less than 28 days notice in writing, and returning any monies due once your account has been closed.
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You may terminate this agreement at any time by ceasing to use our services and paying all outstanding monies due. If you have taken any
service with a minimum period, and that period has not expired, then you must pay for the entire period.
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Unless otherwise stated subscription services including but not limited to MMS, keyword hire and location finder, are subject to an initial minimum
period of three calendar months. Thereafter requests for cancellation of these services must be submitted by you and in writing no less than one calendar month
before the date of termination for that service. All charges for such services shall remain in force and payable for the cancellation period and until the termination
date. Any variations to this clause shall only be effective if received in writing from us.
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Use of our reverse billing service must be must be operated under the guidelines and rules of the regulatory body, PhonePay Plus. There is a PhonePay Plus compliance document available to
download here
which explains how services must comply. It is your responsibility to ensure that you comply fully with these requirements and all current legislation.
Your Responsibilities
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You undertake to make full payment of all monies due upon receipt of an invoice and no later than the due date shown on that invoice. Late
payment may result in the suspension or termination of your account and the whole outstanding balance will become immediately due and payable for your
account. In addition to the aforementioned we reserve the right to add to your account all reasonable costs incurred in the recovery of unpaid monies.
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Correspondence shall be sent to you either by letter, facsimile or email using the details that you have configured for your account. It is your responsibility to
ensure that all correspondence can be delivered to the addresses and numbers you have given, and you are responsible for collecting and reading all such correspondence.
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Software in order to access our system. You shall pay all third party costs for services not supplied by us, including but not limited to
internet connection and usage fees.
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You will not copy, modify, reverse engineer, or in any way attempt to reuse the software or content provided by any website or application
created by us.
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You must not deliberately upload, or attempt to upload, any of our computers or those of our suppliers, with any virus, worm, or other
executable program.
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You shall not disclose to any other party any confidential or commercially sensitive information supplied to you by us. This will include,
but not be limited to, design specifications, tender documents, pricing schedules, databases and spreadsheets, or delivery reports.
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Upon termination of this agreement you undertake to stop using and destroy or return all copies of software and documents supplied by us
which was not specifically commissioned by you.
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You will not in any way transfer your rights or obligations to any third party.
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We reserve the right to change these terms and conditions in part or full and at any time and without notice. The current terms and conditions
will be displayed on this website and it your responsibility to check for updates. Continued use of our services constitutes acceptance of all
terms and conditions in force at the time.
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You are responsible for ensuring that your use of this service is legal and that any activity you undertake whilst using the services we provide,
is not illegal either in the UK or for any country where text messages may be received.
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You agree not to use our service to send any unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material of any kind.
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You will not send or use any information that contravenes any copyright, trademark or patent. You will not attempt to mislead others by hiding
or attempting to hide your identity, or by using an identity which is not your own.
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You shall not disclose your username(s) or password(s) to any third party and you shall maintain proper security for this information. You must
inform us immediately should you suspect that your account has been accessed without permission and provide all necessary assistance in our
investigations.
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It is your responsibility to maintain all data held in your account and to ensure all personal details are accurate and up to date. Where a
recipient has opted out of receiving further texts they will automatically be removed from the online database. It is your responsibility to
remove them from your offline database and not to reload their details. Ultimately it is your responsibility to ensure that they do not receive
any more messages until such time that they re-subscribe to your service.
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In using our service you indemnify us from all legal action and agree to pay all reasonable costs that we incur in defending ourselves as a
result of your activities.
Our Responsibilities
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We shall endeavour to ensure that the services we provide are accessible at all times but cannot guarantee availability of any or all facilities
without interruption. Much of the service is dependent upon other suppliers such as the network providers, and we have no control over their
operations.
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We will only charge for text messages that are accepted by the SMS networks. We shall monitor all record details of all messages sent and their
delivery status.
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We shall validate the format of all numbers either entered or imported into your online database but we cannot check the accuracy of any number.
You are responsible for correct data entry and for removing numbers which are not to be used.
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Where we have been commissioned to design and supply software we shall warrant that software for a period of 12 months from the date it was
supplied to you. This is subject to proper use and for use on the operating platform for which it was first supplied. We shall not be responsible
for changes by others either to the software supplied or any interface upon which the software relies.
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We shall ensure all passwords supplied to us are maintained securely and not disclosed to other parties even after this agreement has been
terminated. If at any time we suspect that your account has been accessed by an unauthorised party then we shall suspend your account until such
times as it has been properly secured.
Warranty and Disclaimer
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We do not warrant that that the services we provide will be uninterrupted or error free, that any defects will be corrected, or that any part of
the system is free of viruses or other harmful content.
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We cannot be held responsible for anything that affects your business operation, sales, or profitability and which may or may not, be claimed is a
result of the service offered by us.
Limitations Of Liability
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Our liability is strictly limited to the cost of the services that we provide to you. We shall not be responsible for any loss of data or material,
or damage to computers or any other equipment as a result of using our services. It is your responsibility to backup all data, and to install and
maintain anti-virus software to protect your own computer systems.
Support
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We shall provide all reasonable support for the services we provide. You can contact us using our shortcode number and keyword shown below or by
using our online contact form.
External Links
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Our websites and applications may contain hyperlinks to other websites and applications. We do not endorse any products or services offered, nor
do we make any guarantees for availability or suitability of such websites or applications.
Jurisdiction Of Law
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This contract shall be governed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the courts of England
and Wales.
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If any provision of this contract is held by any competent authority to be invalid or unenforceable in whole or in part, then the remaining clauses
shall remain in force as though the aforementioned clause did not exist.
For more information text ATOM to 82055 or use our online
contact form.
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