Terms and Conditions of Service
This page outlines all the terms of service for The SMS Works SMS API.
Please read them before setting up your free account.
You should understand that by registering with or using The SMS Works you agree to be bound by these terms and conditions.
1. The SMS Works is a UK company, registered in England and Wales under company number 10663067 and with a registered office at St Brandon's House, 29 Great George Street, Bristol, BS1 5QT
2. By registering with The SMS Works, you warrant that you are legally capable of entering into binding contracts.
3. Sign-up, purchase of The SMS Works services and continued use of The SMS Works shall each constitute acceptance of these terms and conditions by you and shall form a contract (“Contract”) between you and us. These terms and conditions regulate the terms of the Contract.
4. Provision of The SMS Works service,
We will take all reasonable steps to make The SMS Works service available to you at all times. It is possible the quality and availability of The SMS Works service could be affected by factors outside our control. Occasionally, we need to do maintenance work or upgrade The SMS Works services. This could result in The SMS Works service becoming temporarily unavailable.
We may suspend The SMS Works service without notice if we have reason to believe you haven’t complied with one or more of these terms and conditions or if any money owed by you to us remains unpaid.
All complaints will be investigated and we reserve the right to suspend your SMS Works service if a complaint has been made against you.
If you use The SMS Works service from a country outside the UK you may be subject to different laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
We may establish limits concerning the use of The SMS Works service. For example the maximum number of text messages that may be sent or received.
You agree that we have no responsibility for the deletion, corruption or failure to store any of your content maintained or transmitted when you use The SMS Works service.
We accept no liability for the loss, late receipt or non-readability of any text message sent using The SMS Works service.
We make no guarantee for the provision of delivery reports as the networks are unable to provide us with any kind of guarantee themselves.
When no delivery reports are provided by the networks, we cannot refund any text credits that are deducted as we will not know whether or not a message has been delivered.
5. Responsibility for content
We have no control over the content of text messages sent through The SMS Works service. Therefore, we cannot be responsible or liable in any way for the content and do not endorse any goods, services or content offered or mentioned in texts sent through The SMS Works.
The SMS Works service may be used by you to access mobile networks worldwide. We accept no responsibility for the services provided by these networks.
6. Use of keywords and short codes
If you use keywords on a short code purchased through The SMS Works service, and you also use other text message providers, you must not use or mention these short codes or keywords in the text messages sent through any other text message provider.
7. Your responsibilities
You will agree that you will:
Not use The SMS Works service for the purpose of spamming either in part or in whole; You are responsible for ensuring that any messages you send via The SMS Works service are compliant with all UK laws and regulations.
Not use The SMS Works service for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is offensive, abusive, indecent, obscene or menacing nature.
Keep your username and password and API keys safe and notify us immediately if you if you believe they have been lost, stolen or compromised.
Not act in any way, whether knowingly or otherwise, such that the operation of The SMS Works service will be jeopardised or impaired.
Comply with any reasonable instructions issued by us which concern your use of The SMS Works service and co-operate with us in our reasonable security and other checks.
Not send or upload anything which in any way breaches the intellectual property rights of any third party.
Tell The SMS Works if you intend to re-sell the texts purchased from The SMS Works
8. Information supplied by you
By registering for The SMS Works service you confirm to us that the name, email address and other factual information which you provide to us are correct.
You acknowledge that if we suspect that registration information supplied to us is either inaccurate, false or without the knowledge of the person named on the registration, we may suspend The SMS Works service to you while we investigate further. If our suspicions prove incorrect, we will re-connect The SMS Works service immediately.
You acknowledge that you will have no claim against us in respect of any delay or disconnection caused because of the operation of this or any other clause.
You must let us know if the details supplied to The SMS Works change.
9. Price and payment
The price of The SMS Works service will be as quoted on our site.
Prices are liable to change at any time, we will post any changes on the website, www.thesmsworks.co.uk
Payment for The SMS Works service is prepaid and must be by credit card, debit card, Paypal or BACS transfer. Cheques are not accepted.
We do not offer refunds under any circumstances and provided you send a minimum of one text message in every twelve month period your account will remain active and will not close. If you fail to send one text message in every twelve month period we will close your account and you will lose all outstanding SMS credits on that account.
You are responsible for your own code and how SMS credits are used. We cannot be responsible for credits that are lost due to your code sending multiple texts. Our code samples are there to help customers but we offer no refunds if their use results in credits being consumed unexpectedly.
You are responsible for testing your code.
Non-delivered text messages outside the UK will not be refunded or recredited to customer accounts.
The flooding filter cannot be relied upon to prevent multiple delivery of SMS messages to the same mobile number. No refunds are offered to customers who consume credits in this way.
If you have an SMS overdraft arranged and your overdraft is wholly or partially used, you are liable for the used text credits.
SMS credit overdrafts must be repaid within 10 working days of an account having less than 0 credits.
If your account has sent less than 10 texts a year over a period of 3 years, your account will be closed and you will lose all the outstanding SMS credits on your account.
10. Our liability
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price you pay to use The SMS Works service during the course of the Contract.
We are not responsible for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or damage to reputation or brand, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, or any indirect losses which happen as a side effect of the main loss or damage.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Where we are required to do so by law, you agree to the disclosure to any company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
any information relating to your registration, including your financial information and details of how you have performed in meeting your obligations under these terms and conditions.
any disclosure as may be required by the Data Protection Act 1998;
any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
We will use your information which you provide to us together with other information for administration, marketing, customer services, web use preferences, and profiling your purchasing preferences.
We will keep your information for a reasonable period after your contract with us has finished in case you decide to use The SMS Works service again.
When the GDPR replaces the existing DPA 1998 on 25th May 2018 it is our customers’ responsibility as data controllers to ensure that all data processed through The SMS Works system comply with all the GDPR regulations.
We bear no responsibility for ensuring you comply with the applicable laws and regulations referred under GDPR, this is entirely your responsibility and We will not be liable for any breach of these obligations by you.
As data processor, The SMS Works systems and practices are compliant with the GDPR.
12. Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The SMS Works on [email protected]. We may give notice to you at the e-mail address you provide to us when registering for The SMS Works service, or in any of the ways specified in clause 12 (Written Communications) above.
14. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside of our control
Sometimes things happen that we cannot control. Things such as riots, strikes, wars, fires, floods, earthquakes, changes in government policy and law. If we are unable to meet our obligations due to a Force Majeure event then the Contract is deemed suspended until the event has passed or we are able to find a solution by which our obligations can once again be fully performed.
Either party may terminate the Contract immediately.
Either party may terminate the contract immediately if the other breaches the terms of the Contract and fails to remedy the same, when requested, within 30 days.
If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 (Notices) above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
You will be subject to the policies and terms and conditions in force at the time that you open an account.
We have the right to revise and amend the policies and these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.