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SMS terms and conditions

SMS Service

Terms and Conditions

The SMS service is subject to the following Terms and Conditions:

  • This mobile phone SMS service is maintained by Storacall Technology T/A X-on, hereafter referred to as X-on. All references to X-on include Storacall Technology Ltd. and vice versa. A user who signs up for the service is termed a subscriber. Subscribers use this service entirely at their own risk.
  • Any illegal use of the SMS service is strictly prohibited. Messages containing any sexual, racist or discriminatory content may be considered as harassment to an individual or an organisation. The content of any SMS message must not in any way in conflict with the European Convention for the Protection of Human Rights and Fundamental Freedoms, nor any applicable national laws on human rights. The mobile end user has the right to privacy, and must not be subjected to discrimination on any grounds such as race, colour, language, religion, sex, national or social origin, political persuasion.
  • The subscriber accepts responsibility for their message content, in accordance with generally applicable laws. X-on does not assume any liability for the content of messages sent, and the subscriber exempts X-on from any claim that may arise as a result of SMS content. The subscriber is solely responsible for any claims arising as a result of SMS content.
  • The responsibility for the privacy and retainment of the username and password remains that of the subscriber. The subscriber is responsible for all actions taken under their username. The subscriber agrees that all usage traceable to their username and password are legally binding to the subscriber. Every effort must be made to keep your password safe and it should not be disclosed to any other person. The subscriber shall not permit, either directly or indirectly, any other person to use their username, nor can the username be transferred to another person.
  • The subscriber agrees that X-on can only affect the delivery of SMS messages within the technical constraints of the telecommunications companies and mobile network providers involved in the transmission of the SMS messages, and as such delivery to a recipient’s mobile phone may not be successful, dependant on the recipient's mobile provider service. SMS messages will be delivered in due course, provided the recipient's mobile phone is located within the area covered by their mobile network provider and switched on.
  • X-on makes every effort to deliver the message as soon as possible, but does not accept any liability for transmission delays or message failures. X-on does not guarantee the availability nor the performance of this service.
  • X-on logs all sent SMS messages and debits the subscriber’s account accordingly. Transmission logs are deemed valid, even in the case of a complaint by the subscriber, until an investigation by X-on reveals evidence of a technical error. As stated above, X-on cannot guarantee delivery of the SMS messages due to the involvement of mobile network providers, and consequently X-on does not refund undeliverable SMS messages to the subscriber’s account.
  • SMS pricing is displayed on the web site. The SMS account balance is nonrefundable and does not bear interest.
  • Usage data, integral to maintaining the SMS service, is recorded in accordance with legal requirements.
  • The provisions set out in the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, plus the Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997, are implemented in national laws applicable to your business. Subscribers agree to comply with these provisions.
  • Personal data relating to any mobile end user, is processed only on the basis of an explicit consent from the mobile end user. Every mobile end user has the right to object to the processing of personal data relating to the mobile end user, and where personal data is processed for the purposes of direct marketing.
  • Subscribers must remove from their database the records of any mobile end user who requests removal. The mobile end user can request removal at any time.
  • Under no circumstances can subscribers send SMS messages to mobile end users using randomly generated mobile numbers, for any purpose including direct marketing . This is considered spamming and contravenes anit-spam laws. SMS messages can only be sent to opt-in SMS databases, in compliance with European and UK laws.
  • Subscribers agree not to send SMS inviting the mobile end user to call a premium rate number, nor to send SMS messages charged at a premium rate.
  • Subscribers in breach of any aspect of these Terms and Conditions agree that X-on has the right to suspend or limit access to X-on services. Where the service is suspended the balance of your account will be refunded in that instance. In any other circumstance all purchases are final, in accordance with our no refund policy.
  • If any claim is brought against X-on from any third party due to a breach of these Terms and Conditions, the subscriber shall indemnify and reimburse X-on all liabilities, costs, losses and damages relating to the claim.
  • X-on reserves the right to alter these Terms and Conditions at any time. Alterations will be posted on this web site.
  • X-on reserves the right to change, suspend or discontinue any aspect of the SMS service, or restrict access to aspects of the service without notice or liability.
  • Subscribers must be able to provide X-on with written proof of compliance with any aspect of these Terms and Conditions.