Terms & Conditions

Agreement of Terms

a) If our terms and conditions have been accepted via electronic sign-up then agreement to our terms and conditions does not necessitate a signature, therefore full and legal binding acceptance of this service is implied. b) Terms and conditions may be updated, amended or reviewed at any time, with or without prior notice. Users can review our most current terms and conditions at www.itext.ie/content/terms. c) All guidelines and rules related to using iText.ie service are incorporated into our terms and conditions; therefore it is user's responsibility to ensure that they refresh themselves with our terms and conditions when using our service. d) Any new features that augment or enhance the current service will be subject to our most current terms and conditions. e) This agreement constitutes the entire agreement of our service and supercedes any other terms and conditions expressed or implied. f) For the purpose of our terms and conditions, iText.ie does not send an SMS or cause an SMS to be sent; it is only a tool that provides a service for SMS messages to be sent. g) You understand that the service is provided 'AS-IS' and 'AS-AVAILABLE' basis.

Registration

a) You agree to providing, during registration complete, accurate and current information about yourself and/or your business. If this is proven not to be the case, or if we suspect that this is not the case, then iText.ie has the right to suspend or terminate your account and / or refuse any current or future use of any or all of our services. b) Under 18's wishing to avail of our service must gain parent / guardian permission prior to opening an account. If this permission is not sought and proceed to avail of our services then all of our terms and conditions still apply.

Content Control

a) No responsibility for miss-delivery of failure to store SMS messages transmitted by the service. b) You, as the sole originator, and not iText.ie, are entirely responsible for content uploaded or made available through our service. As iText.ie does not control this content we will not be liable for any errors / omissions / loss or damage of any kind incurred as a result of using our service. c) You acknowledge that iText.ie may screen, refuse, or remove content in order to monitor compliance with our terms and conditions. d) You fully agree that any content that you upload to our service may be preserved and or disclosed if required to do so by law. e) The ability to receive text messages to mobile phones is wholly dependent on individual mobile operators and subscriptions. f) Premium short codes are currently only available for the following mobile network operators in the Republic of Ireland; Vodafone, O2, Metor and 3. Unless otherwise stated on advertisements content cannot be accessed by network operators outside Republic of Ireland. g) iText.ie shall not be liable for any trading or investment decisions made based on content being published via our services.

iText.ie Conduct

a) iText.ie may establish general rules, practices and limits concerning use of the service, including but not limited to the maximum size of messages that can be sent or received, maximum number of accounts held duration of accounts in a given period of time. b) iText.ie reserves the right to log off accounts that are inactive for an extended period of time and will not be liable for any loss or damage to information held in the account. c) You acknowledge that iText.ie is not liable for any modifications to mobile numbers or keywords if they enhance or discontinue the service, with / without prior notice. d) Your account may be terminated, temporarily or permanently due to lack of use or if any proof or suspicions of violation of our terms and conditions has occurred. e) Notices may be made to you via email or SMS. f) The service may provide links to other world wide web sites, to which iText.ie has no control over content and will not be responsible / liable for any damage that may be caused. Any relationships built up with alternative websites which were accessed through iText.ie are solely between you and such website. You agree that iText.ie shall not be liable for any loss or damage incurred as the result of such relationships.

Account Holder Conduct

a) The iText.ie logo, and other product and service names are copyright, owned by the company Red IT Solutions and these marks may not be used or displayed without prior consent and permission from iText.ie. b) If you believe content is placed via our service that is in violation to T&C you are obliged to notify iText.ie with upmost confidentiality. c) You must at all times be aware of the rights of other direct and indirect users when availing of our service and that you do not infringe on other peoples rights. d) You should respect the privacy of other account holders and not impersonate anyone that would mislead users or cause defamation of character or business. e) You may not attempt to use or allow the use of the services that iText.ie provide which would be seen as: i. breeching or being involved in breeching the law or regulations that you have agreed to comply with ii. unlawfully discriminate, harass, bully or threat, towards one person or group in the form of sending, displaying or uploading content (text or image) which is, or which would be considered by a reasonable person to be offensive or abusive via our service. iii. harmful in the protection of minors rights iv. engaging in illegal business practices or taking part in misleading marketplace practices f) You must not attempt any interference with the operations or any other part of iText.ie service, systems, networks and data that will result in defects or appearance changes in data and information.

Indemnity

a) You agree to indemnify and hold iText.ie, and its affiliates, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising our to Content you upload or make available through our service, your violation of the terms and conditions.

Sub-servicing

a) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service or access to the service.

Fees

a) You acknowledge that the provision of the services is conditional on iText.ie receiving payment of package fees. Non-payment of monthly fees or consistent delays in payment of monthly fees or suspected fraudulent activity in relation to payment of fees, can result in temporary or permanent termination of account. To this end, iText.ie will not be liable for any loss of content or data held on our servers or any damage caused as a result of termination. b) You acknowledge that there may be occasionally unforeseen charges that relate to customer accounts. c) Monthly fees run from the beginning of a month to the end of a month, regardless of mid month dates that accounts are opened. Part monthly costs in the first month will be included in the charge for second month. d) If an account is terminated by either party the account holder redeems any remuneration generated, post termination date from their premium- short codes to iText.ie. e) Upon purchasing credits via a third party, you agree that you will not be entitled to any refunds on credit purchases f) Revenue generated from premium- short codes which are paid out to our customers will be held by iText.ie if there are any monies owed by such customer. g) You acknowledge that any SMS messages that are scheduled for future dates and times cannot be unscheduled. The costs of these messages are deducted from your account once the message is confirmed. iText.ie will not be liable to any claims from recipients of scheduled messages for any loss or damage occurred. h) You acknowledge that the internet is not completely secure medium of communication, and whilst iText.ie has taken steps to safeguard the security of information, iText.ie is not and will not be responsible for any damages account holders may suffer as a result of the loss or confidentially of such information.

Service

a) You acknowledge that iText.ie will respond to any customer queries or account set-up in a prompt and efficient manner, however, from time to time unforeseen circumstances may result in delays. b) iText.ie will charge customers for any customized modifications to our service and any customized modifications to any feature of our service. c) iText.ie reserves the right to suspend its service for any repair, maintenance or improvements and in such circumstances advance notifications will be given to our customers. d) You acknowledge that iText.ie is not liable for any loss of data that is stored or used within our services. To this end, it is the account holders responsibility to carry out data back-up or making data safe by other means.

Third-party Compliance

a) All customers are fully obliged to comply with guidelines, codes of practice and regulations issued by REGTEL. These guidelines, codes of practice and regulations may be found at www.regtel.ie. REGTEL guidelines, codes of practice and regulations that the customer must comply with, include (but are not limited to) ensuring that the customers marketing and advertising always informs the public clearly and precisely how much any premium short code enquiry will cost to use. b) If iText.ie receives written notice from REGTEL or any other regulatory bodies of non compliance to their guidelines, codes of practice and regulations, iText.ie shall be entitled to pass on any imposed fines to the customer who under this agreement the customer agrees to pay in full. c) Non-compliance to REGTEL guidelines, codes of practice and regulations will result in the customers account being suspended pending investigation and terminated from current and future use if found to be breeching compliance. Customers will conform to any requests from REGTEL in order to carry out any investigations. d) iText.ie will answer queries from customer with regard to compliance to REGTEL guidelines, codes of practice and regulations. However, advice is only on what we understand of their guidelines, codes of practice and regulations and customer should seek further clarification from relevant regulatory bodies.

Privacy

a) Any information collected about you will be held in accordance to the Data Protection Act 1994.

Disclaimer of Warranties

You clearly understand and agree that: a) Your use of the service is at your own risk. b) iText.ie makes no warranty that: i. our service will meet your expected requirements ii. our service will be uninterrupted, secure or error-free iii. reports generated will be accurate or reliable or meet your needs c) Obtaining material from our services is done at your own risk and any damage or loss of data as a result of availing of our services is your sole responsibility.

Limitation of Liabilities

a) iText.ie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses, resulting from: i. the use or inability to use the service ii. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service iii. unauthorized access to or alteration of your transmissions or data iv. statement or conduct of any third party on the service; or v. any other matter relation to the service