Terms and Conditions

Terms & Conditions

SMStopia ('us' 'we' 'our') will provide a platform for your SMS campaigns in accordance with the following terms and conditions. Your use of this website and our software is subject to our terms and conditions as set out below, and by accessing and using this website and software you are agreeing and you are signifying your agreement, to be bound by these terms of use.

1. Agreement

Persons using the our website or services for any reason whatsoever bind themselves and agree to these terms and conditions. You may not use our services if you are not of a legal age to form a binding contract with us. Users agree that all terms and conditions herewith published shall be binding on the user and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.

We reserve the right to refuse to accept and/or execute an order or request to do business or to render any services without giving any reasons therefor. We also reserve the right to cancel orders in whole or in part by our sole and absolute discretion.

2. Privacy

Your details, contact information and captured mobile numbers will be held securely by us and our associated companies and not shared or sold to any third parties. We are committed to preserving the privacy of all our visitors, however recipients have the right to know the identity of the sender and this will be disclosed upon request from the recipient.

3. Acceptable Content

You take full responsibility for any content used in your SMS campaigns such as data, text, software, music, sound, photographs, graphics, video, messages or other materials. We will not be liable in any way for any content including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via our service.

You also acknowledge that you take full responsibility ensuring that all messages, advertising, information and content generated or produced by you for delivery by means of our service will comply with all laws and any relevant codes of conduct.

4. Limitation of Liability

You shall not do, nor omit to do, anything that would result in any breach by us, or by you, of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which we shall be entitled to immediately suspend or terminate the provision of our services to the you. There will also be no claim of any nature against us (including claims for re-imbursement, refund, compensation or damages). Users of our services hereby indemnify us against any fine imposed or any damages suffered by us as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which we may be subject. Upon notification of any such fine or damages, you agree to immediately pay the amount of such fine or damages.

Under no circumstances shall we, or any of our officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control.

5. Modifications of Service

Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event we shall be entitled to modify, enhance, develop or discontinue affected services without notice. We will not be liable to you for any modifications or discontinuations of the service or parts thereof.

6. Refund Policy

Messages shall be deemed to have been delivered when we have sent the messages to the immediate destination that it has been requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.

We reserve the right to exclude you from using our services, refunding the remaining amount in your account. In any other circumstance all purchases must be considered as final, in compliance with our no refund policy.

7. Opt Out Service

All texts sent through our systems automatically have an opt-out reply path for recipients allowing them to opt out of future communications.

The Data Protection Act

The Privacy and Electronic Communications Regulations 2003.

You are responsible to ensure your campaign is sent in accordance with current data protection legislation. There are guidelines produced by The Information Commissioners Office http://www.legislation.gov.uk/uksi/2003/2426/contents/made to ensure that organisations stay within the law when sending text messages.