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.
Where applicable, VAT and any other taxes, duties or levies will be paid additionally by you at the then prevailing rate.
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.
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.
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.
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 have been included for convenience only and will not be used in construing any provision in this Agreement.