Textstart.com

By subscribing to receive messages through TextStart you agree to be bound by the following terms of use.

You understand that TextStart provide the communications channels whereby businesses can send you promotional text messages. Whilst every care is taken to ensure these messages are suitable and appropriate we cannot be held responsible for the content of these messages. By creating an account online and selecting businesses to add to your favourites list or by sending a START message to the short-code 60066 you grant your chosen businesses the right to send you promotional messages by text message. You can choose to stop receiving messages at any time by any of the methods described here.

There are three ways in which you can subscribe to receive text messages from participating business. They are as follows:

1. Send a START message (ex. START BOB) to us using the short code 60066 - in sending this message you will automatically be added to the relevant opt-in list. You can unsubscribe by sending a QUIT message to the same number (ex. QUIT BOBS or QUIT ALL). Your number will only be viewable by TextStart and the relevant business or businesses you selected. Your information will never be given, sold or rented to any other party.
2. Create an account online at www.textstart.com - register your mobile and email address online and you will be asked to enter a security code to confirm your ownership of the mobile number you have registered. Again you can unsubscribe at any time by text (as above) or online through your account page.
3. Give you permission directly to an individual business to send you text messages - if you do so you understand that the business in question can send you messages as they see fit. Although our Terms of Use restrict the content and types of messages businesses can send you through TextStart when you register directly with a business by any method other than sending a START message to us the individual business is responsible for handling your data. If you have any questions regarding how they treat your information or to unsusbscribe you should contact that business directly.

FreeForm Media Ltd., (NI057009), ('the Company', 'We', 'Us') are the operators of www.textstart.com, and all associated services ('the Service'). TextStart provides its Service for use as a communications tool, to assist in the creation of an 'opt in' customer database and communicate with that database through short text message (SMS).

By clicking the submit button on the registration page and by completing the registration process, You agree to be bound by all of the Terms and Conditions below. You agree;

Use of Short Code: The Service enables You to build an 'opt in' database of customers and prospects, via one or more numbers ("Short Codes") that are required to access the network of each telecommunications network operator ("Network Operator"). Each Network Operator retains full ownership at all times of the Short Code(s) required to access its network and Your access to or use of the Service via any Short Code in no way transfers any further rights to You in that Short Code. The allocation and/or use of any Short Code will be subject to all applicable regulations, directions or instructions issued or given from time to time by the relevant Network Operator or by a national telecommunications regulatory authority or any other competent body or authority ("Regulator").

Keywords and Passwords: One or more key words ("Key Words") are required for You to use the Service via that shared Short Code in order to differentiate Your use of the Service from use of the Service by other users via the Short Code. Any Key Word must be agreed in advance with Us before it may be used and We reserve the right to grant or refuse permission for You to use any Key Word in Our sole and absolute discretion. The Company will provide you with a password to enable you to access services online at www.textstart.com; you are solely responsible for the security of that password.

Listing and Offers: We will provide information regarding your business in our online Supplier Directory; you are responsible for the accuracy and suitability of the information provided to us in this regard. Furthermore, you agree to honour any discount offers you choose to make available to end users of the site, in accordance with agreed terms and conditions included by you in any message sent. Any loss or damages incurred as a result of the offer you choose to make or your refusal or inability to honour it are your sole responsibility.

Service Availability: The provision of the Service is subject to Network Operators, Regulators and other third party service providers. We cannot guarantee that the Service will be available to You at all times or that it will be free from faults or interruptions, nor can We guarantee the receipt by the intended recipient(s) of any message sent using the Service. In such cases where the Network Operators or other relevant party brings a problem to our attention, we will take reasonable efforts to resolve the issue and notify you of any disruption of service. We will not be held commercially responsible for any loss or damages resulting from your use of the Service in general or the non-delivery of any messages to your account in particular. From time to time it may be necessary to temporarily suspend the service for essential or emergency maintenance, we will endeavour to provide you with reasonable notice of any planned suspension.

Confidentiality: We will at all times keep confidential all information acquired as a consequence of the Agreement in respect of You or Your business, except for information supplied by You for public display, information already in the public domain or information which We are required to disclose by law, requested by any Regulator or reasonably required by Our professional advisors for the performance of their professional services. You agree to do the same. Each of us will register with the Information Commissioner and comply with the Data Protection Act 1998 and all regulations made under the 1998 Act in processing any personal data, including the information of Your end-users who will send or be sent messages as a consequence of making the Service available to You ("End User Data"). We will treat Your End-User Data as confidential and will not disclose it to any third party or use or copy any part of it except for the purposes of conveying messages and ensuring untroubled performance of the Service. Where an end-user chooses to create an account at textstart.com either before or after subscribing to your opt-in database, we reserve the right to contact that customer with information or promotional messages regarding the service itself or other users of the Service. This right does not apply to end-users who have not given their express consent by creating an account online. We will make no further use of Your End-User Data without your specific authorisation.

Proper Use and Message Content: You will at all times during the continuation of the Agreement, send only messages, that comply with all applicable laws, regulations and Codes and that contain nothing which is likely to cause offence in view of the generally prevailing standards of decency and propriety from time to time. You are completely responsible for the contents and suitability of your message and maintain sole liability for any loss, damage or legal action that may occur as a result of the content or quantity of messages you choose to send. This responsibility extends to You, Your contractors, employees or anyone else you choose to give you account details and password to. You certify that the mobile numbers entered or uploaded by You in your subscriber list, those subscribers have given you expressed permission to send them text messages. You are responsible for your subscribers, the management of them and are solely responsible for not sending messages to un-authorised subscribers. We agree to only automatically add subscribers to your list who have expressed their consent to receive text messages by sending us a text message including your keyword, a generic keyword denoting your location or business type or by selecting your business in their textstart.com account.

While we may supply You with promotional materials and templates for the creation of future materials, You will be solely responsible for all advertising and promotion of the Service to Your end-users and any resulting costs or liabilities. Both parties agree to, and are legally entitled to, grant the other royalty-free, non-exclusive license to use images, logos, written information etc... as supplied in listing, promotional and advertising materials related to the Service. Both parties agree to do so in good faith, in accordance with any relevant legal or regulatory guidelines.

Neither FreeForm Media Ltd. nor it's directors accept responsibility for any action by You in breach of these Terms or relevant legislation in your, or our, jurisdiction.

Payment and Charges: TextStart charge no upfront or monthly fees for the use of the Service unless otherwise agreed with you in writing. In order to use the Service to send messages to your subscribers you will need to purchase text message credits in advance from Us with one message credit equaling a single message recipient. You can purchase these credits online by credit/debit card or by post by cheque. Message credits will be credited to your account upon receipt of cleared funds. Other payment arrangements will be considered on a case -by-case basis and must be agreed in writing in advance. Under no circumstances, except where required by law, will we refund the purchase price of text message credits. If we choose to terminate your account for whatever reason Our liability to you is restricted to the purchase price of the text message credits remaining in your account at the time of termination.

You acknowledge and agree that you are responsible for paying Fees for all text messages sent through TextStart, regardless of whether delivery of such messages to their intended recipients is delivered, prevented or possibly blocked by any third party. We reserve the right to amend or alter our prices and or payment procedures at any time. If you receive or are offered special discounts (or commissions payable through our referral program) TextStart reserves the right to change those discounts or commissions at anytime. In the case of any change in status, discounts may no longer apply.

Agreement Length: You may choose to terminate your account at any time. If you choose to terminate your account you will no longer have access to any of the subscribers to your list nor will you be allowed to export all or any part of this database. Numbers collected directly by any method by You should be stored by You separately and in accordance with data protection regulations in Your area. We reserve the right to terminate your account at our sole discretion and at any time should, in our judgement, You be in breach of the Terms and Conditions herein.

Changes to these Terms: We will be entitled to alter these terms or any other aspect of our policies at any point by posting the updated version on this site and/or notifying you by post or by email to the address given by you in the registration process.