| Term's &
Conditions
By using Call-Systems Technology Website, SMS Gateway, or any other
CST's messaging products or services (collectively referred
herein as Service/s) you agree to the following terms and conditions:
You may not use our Service/s for unlawful purposes or send unlawful,
harassing, threatening, obscene or abusive messages or use our services
for sending unsolicited (spamming) messages. If your usage of our systems
result in any complaints against CST, or adversely affect the
performance of our systems for other customers, your account may be
suspended without refund of any monies paid. If you conduct any of these
activities you agree to indemnify CST for any losses incurred.
Interruptions and Omissions in Service/s
Errors and omissions, interruptions of Service/s and delays may occur
at any time. We do not accept any liability arising from any such errors,
omissions, interruptions or delays or any ongoing obligation or responsibility
to operate this website (or any part of it) or to provide the Service/s
offered on this website and we may vary the specification of this site
from time to time without notice. Every effort is made to ensure timely
delivery of messages but please be advised that our Service/s may rely
on third parties such as mobile network operators. As their performance
is out of our direct control we do not accept liability for failure
or non-performance of their systems.
Limitation of liability
Except as otherwise provided, you agree that CST will have
no liability for any direct or indirect, consequential, punitive or
incidental damages of any kind. This limitation includes (by way of
example only) damages resulting from loss of production, profits, business
data, operation time, goodwill, contracts, revenues or anticipated savings
arising out of or resulting from the Service/s. We acknowledge that
nothing will limit our liability to you for fraudulent misrepresentation
or death or personal injury resulting from our negligence, or the negligence
of anyone for whom we are vicariously liable under the law. However,
this is not intended to provide you with a right or remedy, which you
would not otherwise have.
You are responsible for ensuring that all information supplied by you
is true, accurate and up-to date and not misleading.
The rights in material on this site and any associated documentation
provided to you are protected by copyright, software and trademark laws
and you agree not to use this site or any information provided by us
that infringes these rights. No copying for any commercial or business
purposes is permitted.
You may require user name or password or any such other authentication
details to access or use our Service/s. You are solely responsible for
the security and proper use of this data, which should be kept confidential
at all times. You must notify us immediately of any breach of this access,
as we accept no liability for unauthorised access or improper use.
You can make payments using the secure WorldPay servers on our website,
by all major credit cards and also by cheque (we require 5-7 days from
receipt of a cheque before you can use our services). BACS payments
are also welcome. Any messages purchased for use through our gateway
are purchased in advance and are not supplied on a sale or return basis.
All sales are considered final. It is assumed that each message purchased
will be sent to a network that does not impose termination charges on
us. If any network does impose such termination charges we reserve the
right to deduct these charges from your remaining credit or invoice
you for the increased charges made.
CST is committed to maintaining the Privacy of every individual
or organisation who uses our Service/s. We have obligations as detailed
in the Data Protection Act 1998 where compliance with certain regulations
is required to ensure that any data or information that is provided
by you is processed by us with due care and attention.
We collect data and process sensitive personal data only so far as
is necessary to ensure we conform with legal requirements, for example
we will need to have information of all users of our systems in order
that if the systems were abused and / or used for illegal purposes we
can then pass this personal information to the appropriate authorities
as required by Law.
Provision and installation
The Company will use all reasonable endeavours to make the Service/s
available for use by any reasonable date specified or requested by you
but each such date is to be treated as an estimate only.
The Company may change the technical specification of the Service/s
from time to time, suspend the Service/s for operational reasons such
as repair, maintenance or improvement.
Payment terms
Where applicable, VAT and any other taxes, duties or levies will be
paid additionally by you at the then prevailing rate.
Confidentiality
Each party acknowledges that the Service/s may contain confidential
information of the other and/or of third parties. Each party undertakes
on behalf of itself and each party's Subsidiaries to treat as confidential
and keep secret all information contained in or otherwise received from
the other party in connection with the Service/s and the costs, charges
and other terms of business agreed between the parties hereto (collectively
referred to as "the Confidential Information") and shall not
use the same for purposes other than in relation to use of the Service/s.
Each party shall not without the other parties prior written consent
communicate or disclose any part of the Confidential Information to
any person except: only to those employees of either party or either
party's Subsidiaries on a need to know basis who are directly involved
in the use of the Service/s
Each party undertakes to ensure prior to disclosure of any Confidential
Information that all persons and bodies are aware that the Confidential
Information is confidential and that they owe a duty of confidence to
the Company. You will indemnify the Company against any loss or damage,
which the Company sustains or incurs as a result of you or any of the
persons or bodies hereof failing to comply with such undertaking.
Each party will ensure that all persons to whom it discloses any confidential
information of the other party are aware prior to disclosure of the
confidential nature of the information and that they owe a duty of confidence
to the other party These obligations of confidentiality will survive
any termination of this Agreement
Each party will establish and maintain security measures to safeguard
information and data of the other party in its possession from unauthorised
access use or copying
Severability
If any part of this Agreement is found by a court of competent jurisdiction
or other competent authority to be invalid, unlawful or unenforceable
then such part will be severed from the remainder of this Agreement
which will continue to be valid and enforceable to the fullest extent
permitted by law.
Waiver
No delay or failure by either party to exercise any of its powers, rights
or remedies under this Agreement will operate as a waiver of them nor
will any single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them Any waiver to be effective
must be in writing The remedies provided in this Agreement are cumulative
and not exclusive of any remedies provided by law.
Governing law
This Agreement will be construed in accordance with and governed by
the law of England and Wales and each party agrees to submit to the
exclusive jurisdiction of the courts of England and Wales.
Headings
Headings have been included for convenience only and will not be used
in construing any provision in this Agreement.
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