Privacy Policy & Terms & Conditions

CUSTOMER OBLIGATIONS

The Customer shall ensure that before a User requests SMS Content, the User is provided with sufficient information to make the User aware of:

(i) the identity of the Customer as the provider of the SMS Content (details to include a contact address for the Customer in the UK and a non-premium rate customer care helpline); and

(ii) the costs to the User of Short Messages, both sent and received;

(iii) the frequency and number of Short Messages that will be received in response to a request for multiple Short Messages (unless the number of Short Messages is indefinite, in which case this fact should be made clear); and sufficient information to make Users aware that to cease receiving further Short Messages, they should send the command “stop” to the relevant SMS Short Code.

information sufficient to make Users aware of the arrangements for payment for receipt and sending of Short Messages (i.e. that charges will be made via the User’s mobile phone bill, or deducted from the User’s mobile phone credit as appropriate).

sufficient information to make Users aware of contact details for customer care run by the Customer and that if they have a complaint relating to the provision of the Customer’s service they should contact the Customer. In this regard, the Customer shall have a customer care line charged at no more than UK national rate operational during UK business hours.

The Customer shall ensure that any SMS Content not suitable without age restriction is only provided via SMS Short Codes designated as acceptable for such SMS Content by any relevant Code of Practice.

The provision of the SMS Service is strictly subject to the Momentum Media Solutions Ltd Terms and Conditions including, without limitation the requirement to adhere to all Codes of Practice.

The Customer shall ensure that where a User sends a ‘stop’ command to a short code allocated to the Customer, the Customer takes the requisite action to ensure the User does not receive any further messages of the type they wish to unsubscribe from receiving, as determined by and in adherence with the stipulations of the Vodafone Code of Practice.

The Customer shall not convey any Short Message to any User unless such User has requested the same and has agreed by way of requesting such Short Message by a data message sent by the User, the mobile subscriber number of which is provided automatically by the SMS Facility.

Where the Customer utilises any short codes hereunder set at a tariff of 5 GBP or over, each billing message must include the following information:

the cost of the SMS (regardless of whether it is a one-off purchase or part of a subscription service); and the name of the service provider; and a non-premium customer care number.

The Customer shall, at all times throughout the duration of this Agreement, provide Content and otherwise utilise the Services in accordance with such reasonable conditions as may be notified in writing to the Customer by Momentum Media Solutions Ltd from time to time and the relevant provisions of the Communications Act 2003 (“the Act”) .The Customer shall provide services in accordance with any applicable conditions of entitlement of the Act, any direction of OFCOM or other competent authority and any applicable legislation (including but not limited to the Data Protection Act 1998 the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, law or Codes of Practice regulating the provision of the services contemplated by this Agreement. Under no circumstances may the Customer directly advertise or market any of its services where the services have not been solicited by the recipient. The Customer shall at all times throughout the duration of this Agreement provide Content which complies with the PhonepayPlus Code of Practice and all Network Codes of Practice and which is not likely to bring the Networks (at their sole discretion) or Momentum Media Solutions Ltd (at its reasonable discretion), into disrepute.

In any publicity or other promotional activity the Customer shall not state or imply any approval by any of the Networks or by Momentum Media Solutions Ltd (or any associated company of the Networks or Momentum Media Solutions Ltd) of any Content nor refer to the Networks or Momentum Media Solutions Ltd without the express written approval of a duly authorised officer of Momentum Media Solutions Ltd.

The Customer shall not at any time provide any Content the provision of which is or may be a criminal offence or which infringes or may infringe any third party intellectual property rights or is or may otherwise be unlawful under or by virtue of any rule of common law or equity or under any enactment for the time being and from time to time in force or involves a wrong actionable at the suit of any person.

The Customer will immediately cease to provide, at Momentum Media Solutions Ltd’s written request, any Content which Momentum Media Solutions Ltd considers may have been provided in breach of this Agreement.

The Customer shall ensure that before any Content is made available by the Customer all such rights, authorisations, licences, consents and permissions have been obtained or granted and all such requirements of law or of any Regulatory Body or any other competent authority or public body have been complied with as may be necessary and sufficient to enable Momentum Media Solutions Ltd to provide access to the Services. Momentum Media Solutions Ltd shall have no obligation whether under this Agreement or otherwise to make available to the Customer any equipment, facilities or Services until such time as the Customer has complied with all of its obligations under this Clause 3.6 to the satisfaction of Momentum Media Solutions Ltd.

The Customer shall indemnify and keep fully and effectively indemnified Momentum Media Solutions Ltd and all members, officers, servants and agents of Momentum Media Solutions Ltd against all liabilities (including damages, expenses and costs), actions, proceedings, claims and demands and all alleged claims and demands whatsoever arising directly or indirectly out of or in consequence of the use by the Customer of the Services and/or the associated services of the Customer (other than in respect of any errors in or omissions from any Customer use of the Services caused by a fault in the Services).

Momentum Media Solutions Ltd shall, as soon as reasonably possible give notice to the Customer of any such proceeding, claim or demand. Where a Network makes any refund to a User in respect of a service provided by the Customer (whether on an ex-gratia basis or otherwise) or obliges Momentum Media Solutions Ltd to make a refund to a User or a Regulatory Body imposes a fine, the Customer shall reimburse Momentum Media Solutions Ltd for all such monies paid by Momentum Media Solutions Ltd to the Network, User or the Regulatory Body as applicable and Momentum Media Solutions Ltd shall be entitled to deduct any such reimbursement from monies payable by Momentum Media Solutions Ltd to the Customer. Such reimbursement shall amount to the actual amount of monies paid by Momentum Media Solutions Ltd to the Network, User or Regulatory Body as applicable.

The Customer shall, throughout the duration of this Agreement provide Momentum Media Solutions Ltd with such information relating to any Content or use of the Services and associated services by the Customer as Momentum Media Solutions Ltd may reasonably request in order to verify to its satisfaction the Customer’s compliance with the terms of this Agreement. Momentum Media Solutions Ltd shall be entitled to pass such information (or any part thereof) to any Regulatory Body or any other competent authority or public body who may require the same.

Additionally, the Customer shall directly provide to all Regulatory Bodies (including without limitation PhonepayPlus) such information or material relating to any service or future service the Customer may provide as the Regulatory Body may request (from either Momentum Media Solutions Ltd or the Customer) in order to carry out any investigation in connection with (i) such service; or (ii) the Customer’s relationship with any other entity with whom it may contract in relation to such services. In the event that PhonepayPlus launches an investigation into the use of the Services by the Customer, the Customer shall confirm to PhonepayPlus, upon Momentum Media Solutions Ltd’s request, that it is responsible for the service in question and provide all necessary consents to enable PhonepayPlus to deal with the Customer directly in respect of such investigation. The Customer acknowledges that a fee of 75 GBP + VAT per hour may be levied on the Customer as an administration fee for correspondence with each Regulatory Body regarding the Customer’s services.

The Customer shall not at any time assign, transfer or sub-contract this Agreement or any parts thereof to any other person without the written consent of Momentum Media Solutions Ltd. Without prejudice to the foregoing and notwithstanding any assignment, transfer, sub-letting or sub-contracting the Customer shall continue to be liable and responsible to perform the obligations of the Customer hereunder and Momentum media Solutions Ltd’s rights shall remain unaffected.

The Customer shall ensure that no person other than the Customer gains access to the Customer’s accounts for the Services.

The Customer shall not send any communication to any User where six months have elapsed since there has been a successful interaction with such User through Momentum media Solutions Ltd’s Services.

CUSTOMER ACKNOWLEDGEMENT

The Customer acknowledges that the transmission and receipt rate of Short Messages may be governed by the Networks’ systems and other factors outside the control of and therefore Text Marketer Ltd gives no warranties or guarantees concerning the transmission or receipt rate of Messages.

FINANCIAL PROVISIONS

Momentum Media Solutions Ltd shall be entitled to deduct any amounts due or amounts equal to any invoices issued from any sums payable to the Customer. In the event that any Regulatory Body imposes any fine on the Customer and/or Momentum Media Solutions Ltd or requires the Customer and/or Momentum Media Solutions Ltd to pay any charge or other sum, which applies or relates to the business or activities of the Customer, then Momentum Media Solutions Ltd shall be entitled to withhold or deduct a sum equal to such fine, charge or sum from sums payable to the Customer under this Agreement and to pay the same to the relevant Regulatory Body.

Momentum Media Solutions Ltd shall be entitled to review and if it so desires vary from time to time the charges payable for the Services and/or introduce new charges and the varied or new charges shall take effect four weeks after written notice to the Customer of such variation or new charges.

Momentum Media Solutions Ltd shall be entitled to alter the charges for each of the Services within any one year period commencing from the Start Date for the affected Service.

Momentum Media Solutions Ltd’s Rights

Without prejudice to Momentum Media Solutions Ltd’s other rights under this Agreement, Momentum Media Solutions Ltd shall have the right at any time at its reasonable discretion to:-

require the immediate cessation of the provision of any Content or other data, matter or thing which it may determine to have been or to be in breach of this Agreement and/or the Codes of Practice and it is hereby expressly agreed that any failure by the Customer to promptly comply with any request made by Momentum Media Solutions Ltd. bar access to or cease to provide the Services or any part thereof and/ or withhold payments due to the Customer at any time if:

(i) the Customer is or has been in breach or allegedly in breach of this Agreement and/or any Codes of Practice or is not or has not been providing a bona fide service to the Users; or

(ii) either any Network or Momentum Media Solutions Ltd objects to the involvement of any person either any Network or Momentum Media Solutions Ltd deems to be unsuitable to be involved in the use of the Services and the Customer does not cease using such person or prevent such person being involved in such use of the Services on written notice of such objection being given to the Customer.

Momentum Media Solutions Ltd shall not be liable to the Customer for barring access to the Services or any part thereof or for withholding payment. Momentum Media Solutions Ltd’s rights to bar access or to cease to provide the Service and/or withhold payment may be exercised for such period as Momentum Media Solutions Ltd at its reasonable discretion see fit. If the period of such withholding, bar or cessation or any other barring, cessation, suspension or delay in providing the Services or any part thereof pursuant to any of its rights under this Agreement exceeds seven days then Momentum Media Solutions Ltd shall have the right forthwith upon notice to the Customer to terminate this Agreement.

OR temporarily suspend access to the Services, if at any time the use of the Services by the Customer is such that it causes congestion to the Services and/ or the Networks or disrupts other services or which are, in the reasonable opinion of Momentum Media Solutions Ltd, excessive. In such circumstances Momentum Media Solutions Ltd shall not be liable to the Customer for such suspension. Momentum Media Solutions Ltd shall inform the Customer as soon as reasonably possible of any temporary suspension of access to the Services.

Competition entry:

Text “YIPEE” to 88802 to win an ipod. Eligible entrants will be entered into a draw to win the prize.

 Opening/closing date & time:

·           Competition opens for entries via SMS on 1^st February 2010.

·           Competition closes for entries via SMS on 1^st May 2010.

 Draw date: Within 48 hours of the closing date and time for all entries.

 Method & cost of entry

SMS text – to 88802 with YIPEE, one entry per phone number. Each text costs one standard network rate message.

There is no email or postal entry. Entries on behalf of another person are void. Entries over the maximum number of entries for each method of entry and which are incomplete, inaudible, incomprehensible or received after the closing time will not be entered into the competition but may still be charged.

 Prize:

The first correct entry drawn at random from all eligible entries will win the prize. The prize is an Apple ipod payable to the name of the entrant only. There is no alternative prize and the prize is non-changeable, non-transferable and excludes any additional costs and expenses. The Promoter is not liable for any costs, liabilities, damages or losses incurred by the winner in taking up the prize. The Promoter endeavours to deliver the prize within 28 days of winner confirmation, i.e. the date that the Promoter has managed to contact the winner and received confirmation of eligibility. The winner must be aged 16 years or over at the time of entering the competition, and may be required to provide proof of age and eligibility. The Promoter will only pass an entrant’s data to third parties for marketing purposes.

The winner will be contacted as soon as practicable on or after the competition draw date on the phone number they provided when entering the competition. The Promoter will not amend contact information provided once entry to the competition has been made. Reasonable efforts will be made to contact a winner. If they cannot be contacted or fail to provide an address for delivery or fail to meet the eligibility requirements as set out in the general competition terms and conditions, and elsewhere as applicable, or are otherwise unable to comply with these terms this may result in forfeiture of the prize and the Promoter reserves the right to offer the prize to the next correct entry drawn at random from all eligible entries.

Cancellation / Refunds Policy

All requests for advertisement refunds or cancellations are to be made in writing to Momentum Media Solutions Limited at our postal addres or to enquiries@momentummediasolutions.com. As text message credits are a digital product, no refunds or cancellations will be accepted unless in exceptional circumstances at Momentum Media Solutions Ltd's sole discretion.

Privacy Policy

At Momentum Media Solutions Ltd we recognise that privacy is important. This document outlines our practices with respect to Protection of Database Information and Disclosure of Your Information. Momentum Media Solutions Ltd does not store financial details such as debit or credit card details unless specifically requested to by the customer.

Protection of Database Information

Any information sent to Momentum Media Solutions Ltd for text messaging and or storage purposes will remain the property of the account holder. Momentum Media Solutions Ltd will at no time collect, redistribute or sell this information, except where legally required by law to do so. This is with particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases. The only exception to this will be for accounts where payment for text messaging credits has been subject to a claw back of payment whilst at the same time the credits have been used. In this case Momentum Media Solutions Ltd reserves the right to use the account holder's data in any way in order to reclaim any monies due to it.

Disclosure of Your Information

We do not sell or rent any personally identifiable information about you to any third party.