- You agree that by accessing, registering or using the content and/or functionality provided through www.tm4b.com ("The Service"), you or any company, legal entity (incorporated incorporated or not) or person you may represent ("you") are entering into a legally binding agreement ("Agreement") with TM4B Ltd ("TM4B", "us", "we", "our" etc).
- These terms and conditions, as may be amended from time to time, apply to all aspects of The Service made available online, through any device, by email or any other media or means of communication.
- This agreement shall be governed by, construed and interpreted in accordance with the Laws of England and Wales.
If you do not agree to be bound by all the terms of the Agreement, do not access The Service.
Our Relationship With You
- We are a service provider and no agency, partnership, joint venture, or employment is created as a result of this agreement.
- You do not have any authority of any kind to bind us in any respect whatsoever.
- You agree to abide by our Acceptable Use Policy.
- You are solely responsible for all acts or omissions that occur under your account.
- You agree that we are not responsible, under any circumstance, for the content and/or accuracy of your messages.
- We transmit your messages on the basis of good faith.
- We provide Inbound Numbers for a fixed monthly fee that lets you receive up to 3,000 SMS per month. After this, you will be billed €0.01 per SMS received.
Rates, Guarantees & Refunds
- The Service is provided on a pre-pay basis, requiring you to have sufficient credit to use The Service.
- Credit is purchased in advance of usage and lasts for 365 days from the date of purchase.
- Unused credit will be removed from your account and shall not be credited or refunded.
- With respect to sending text-messages, you are billed for message submission and not delivery.
- We guarantee the successful delivery of your text-messages on condition that:
Refunds will be provided by way of credit notes that must be used within 12 months of issue.
- They are sent to mobile devices that are actively present on networks that we support;
- The recipient numbers are valid and correctly-formatted;
- They are not blocked by a network operator;
- The mobile device can receive text-messages (i.e. is switched on, has sufficient memory to receive the SMS, does not have an SMS blocker);
- Your refund is claimed within 72 hours of submission.
- The rates we charge you are influenced by the rates we are charged and we may adjust them from time to time without notice. We will however send you a courtesy email to the email address you have registered with us.
Limitation of Liability
- Use of The Service is provided "as is" and "as available", without any warranties or conditions whatsoever, expressed or implied.
- Although we will always do our best to deliver The Service as advertised, our ability is limited by the limitations imposed upon us by the networks through whom text-messages are delivered. These limitations may, for example, limit the speed of message delivery and/or feature support. Our responsibility, therefore, is limited to storing your messages and forwarding them accordingly.
- Text-messages are transmitted unencrypted and eavesdropping by third parties is possible.
- The Service is not fault-tolerant and is not designed, developed or intended for use requiring fail-safe performance in which failure could lead to injury, damage or death - personal, financial or organisational.
- We are not liable for any loss incurred by delivery failure and you acknowledge damages cannot be claimed from us.
- Content of all SMS is deemed to have zero value.
We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we...
- Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any content or services contained therein will be uninterrupted or error-free.
- Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
- Without in any way limiting the foregoing, we shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount equal to two times the lowest monthly transaction fee applicable on such an account and/or claim in effect for the monthly period immediately preceding the date of the first claim made.
- You agree to indemnify, hold harmless, and defend us and our affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to your use of The Service.
- You agree to cooperate as fully as reasonably required in the defence of any claim and we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
- The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
- If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.
Modification of Terms
- We reserve the right, at our sole discretion, to change the terms of this Agreement from time to time without notice.
- Your continued use of The Service after any such changes constitutes your acceptance of and agreement to the new Agreement.
- If you do not agree to the changes, you must stop using The Service.
- We reserve the right to modify these terms & conditions without notice.
Changes to and Cancellation of the Service
- We may change the Service in any way, at any time and for any reason, including the discontinuation of various features.
- We may cancel or suspend your Service at any time without notice, with or without cause.
- You may cancel the Service at any time, with or without cause, upon notice to us through the "Contact Us" section of the website.
- Upon cancellation or suspension, your right to use the Service stops right away and any data you have stored on the Service may not be retrieved later.
- If at anytime you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation.
- We reserve the right to suspend your service at any stage for any reason, though you will continue to remain responsible for any obligations then accrued.
- Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation.
- Should such termination take place whilst you have credit on your balance, we shall return - at our discretion - a fair balance that takes into consideration any expenses that we incur as a cause or result of the termination. Credit notes, however, will cease to be valid.
- You are also free to terminate or cancel this agreement at any time by terminating your account through customer support channels. In such a case, you will still be under the responsibilities of this agreement for your use of the service.