Nobody really wants to read a set of Terms and Conditions
but we advise you to read these Terms before creating your TextBlaster account. We have done our best to make them easy to follow. They clearly define the acceptable uses of TextBlaster and what you can expect from Promotexter.
You must read and agree with this…
Most importantly TextBlaster is not to be used for illegal or immoral purposes or spamming. You are responsible for the content that you send and the Recipients to whom you send it, and you shall bear full responsibility for any third party claim brought against you or Promotexter as a result of non-compliance with the Terms herein, and you expressly agree to hold Promotexter harmless and indemnify Promotexter against any liabilities, costs and expenses arising out of your use of TextBlaster.
Modifications to Service.
Promotexter reserves the right to modify or discontinue, temporarily or permanently, all or part of the TextBlaster service and Promotexter Website, at its sole discretion, without prior notice and without liability to any user or third party.
Promotexter will endeavour to keep downtime to a minimum, in the event of any scheduled or emergency maintenance of the platform or service.
Confidential Information and your peace of mind.
Each TextBlaster Account permits three types of registered User: Super User, Admin User and Standard User. You may only use your TextBlaster Account via our Website (including sub-domains) or via our Application Programming Interface (please refer to API Terms).
You shall at all times keep your TextBlaster Account information up to date, accurate and truthful. Whilst it is tempting to use false or alias information, this may result in the immediate suspension of your account and possible loss of credit balance. Specifically, you agree not to use a User Name of another person or entity with the intent to impersonate that third party, or which infringes third party rights, or which Promotexter, in its sole discretion, deems inappropriate or offensive.
When creating a TextBlaster account, you are required to provide and verify your registered email address, which will serve as your username. As a Super User, you have full account administrative rights including online credit top up and the ability to add or remove Admin Users and Standard Users, and to assign access rights and permissions.
As a registered User, whether a Super User, Admin User or Standard User, you are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password(s) confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Promotexter takes no responsibility for your failure to comply with the obligations in this paragraph.
It is your responsibility to ensure that you are legally allowed to use bulk SMS messaging services where you are located, and that you use the TextBlaster service in accordance with the laws of where you are located.
You bear full responsibility for the message content including the Sender ID (which indicates on the Recipient’s mobile device who the message is from) submitted via your TextBlaster account. You agree that the message content you send will not be illegal, malicious, misleading or pornographic (or otherwise perceived as Adult Entertainment), and shall not promote hatred, violence or terrorism, infringe any third party intellectual property, copyright trade mark or privacy, extract personally identifiable information or make false promises, or contain any viruses or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
As Promotexter offers you the ability to create your own Sender ID, in addition to the aforementioned content restrictions, you are strictly prohibited from creating a Sender ID, which intentionally impersonates a third party without prior permission from that third party, or misrepresents yourself in any way to the Recipient.
Promotexter operates a zero-tolerance spam policy and your account may be suspended if we suspect you are sending spam, where spam is defined as any unsolicited message sent to a Recipient without the Recipient’s express prior consent or permission. As such, you are not permitted to send messages to acquired or purchased third party contact lists, or to Recipients who have made clear that they do not wish to receive messages from you. You shall inform all Recipients of the right to ‘opt out’ of or unsubscribe from the your messages, with instructions on how to do so.
Whether you create an account or not, by accessing Promotexter’s website www.promotexter.com or any of its sub-domains (“Website”) via the Website or via the TextBlaster API, you acknowledge that you are prohibited from:
- Attempting to access, tamper with, or use any non-public areas of the service or our computer systems, the Website and network;
- Attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization;
- Attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the TextBlaster service or the Website;
- Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus", "flooding", "crashing” the Website or any other method in an effort to corrupt or deny service;
Fees and Payment.
SMS Rates and your TextBlaster Credit.
SMS rates are clearly indicated in My Account section of the Super User and Admin User accounts. Upon creating a TextBlaster Account, you may select your preferred currency. Once created this currency is fixed for the account.
You acknowledge that Prices may be subject to change without prior notice, for reasons including, but not limited to, changing market or cost conditions. In the event of price changes, Promotexter will communicate such changes to you in writing, which includes Email communication and or Notification via your TextBlaster account. Any price change will not affect Live or Scheduled SMS campaigns at the time of the change, but will affect future campaigns created after the price change.
If you do not wish to continue using TextBlaster after a price change, you agree that your only recourse is to stop using the service.
All payments are on a prepayment basis. Your TextBlaster Credit balance is automatically credited upon receipt of cleared payments, and debited in real-time or in advance for SMS messages sent and other services offered within the TextBlaster tool.
No send, No pay Policy.
SMS fees are charged on a “sent” basis, and are not dependent on the delivery status because Promotexter has direct control over the sending of SMS, but actual delivery is dependent on numerous factors outside of Promotexter’s control, including but not limited to, the validity of the mobile number, the status and location of the recipient's phone and restrictions or delays on the part of the mobile network providers.
Once the SMS has been sent from our platform the message fee is deducted from your credit balance real-time.
Credit Balance Validity.
Upon creating your account, you are allocated 5 free messages for test purposes. These are valid for 30 days only. Your purchased TextBlaster credit has a validity period of 360 days. We will endeavour to provide you advance notice if your credit is about to expire, to allow you to use it, however, we are not obligated to do so.
TextBlaster Subscription Plans.
You may choose to create a free Standard TextBlaster account, or a monthly subscription Premium TextBlaster or Pro TextBlaster account. The Premium and Pro monthly plans provide additional benefits such as faster sending speeds, SMS rate discounts and other free or bundled items, as indicated on the Promotexter Website.
Where services are made available on a subscription basis (such as Premium and Pro monthly plans, Reseller/Agency Plans and TextBack Numbers), you acknowledge that such recurring payments will continue indefinitely until such time that the plan is either switched or cancelled or until such time your account is terminated in accordance with the Termination, Suspension and Deactivation terms herein.
If you have a Premium or Pro TextBlaster account and we are unable to collect the recurring fee on time via PayPal or Credit Card, the sending of SMS and other billable services will be suspended immediately until such time that we are able to collect payment, even if you have a credit balance on the account.
Payments via PayPal or Credit Card may be subject to payment charges. These shall be paid by you and are clearly indicated before committing to payment.
Monthly recurring fees and TextBlaster credit are made on a prepayment basis and under all circumstances are non-refundable.
In exceptional circumstances, Promotexter may consider at its sole discretion, a refund for all or part of unused TextBlaster Credit, less any amounts due and any refund charges, unless you have deactivated your account or Promotexter has terminated your account due to cause as specified in the section Termination, Suspension and Deactivation herein.
All payments are handled directly through our Payment Provider, PayPal. If you believe that our Payment Provider has charged you in error, you must contact PayPal directly. You should also inform Promotexter immediately so that we can assist in resolving the matter.
Switching policy for Regular Monthly TextBlaster Plans (Premium and Pro). You may switch up (‘upgrade”) or down (“downgrade) plans at any time, at least 24 hours before the next recurring payment is due. Your subsequent recurring payments, service rates and features will be adjusted accordingly and take effect immediately.
- If you downgrade to a Standard account, this will take immediate effect and no further Premium or Pro account recurring charges will be charged to you.
- If you downgrade from Pro to Premium, this will take immediate effect and your next recurring payment will be based on the prevailing Premium account monthly rate. No refund for unused Premium Plus days is provided.
- If you upgrade your TextBlaster plan, this will take immediate effect and the recurring payment will commence on the same day, pro-rated for the remaining period of the first month.
Termination, Suspension and Deactivation
You may cancel your relationship with Promotexter at any time, for any reason and without recourse to the courts by deactivating your account and ceasing to use Promotexter’s services or website.
If you create a free Standard TextBlaster account and do not add credit within the first thirty (30) days, your account will automatically expire.
If you have any recurring payments set up on your account, you must deactivate your account at least 24 hours before the next billing cycle, otherwise you may still be charged for the next recurring payment, and you agree that this is not refundable.
Promotexter may suspend your account, access to specific services within the account or the sending of SMS and other billable services may be suspended, at any time and without recourse to the courts, if:
- Promotexter reasonably suspects you have, or any other user has, breached or acted inconsistently with the Terms herein;
- Promotexter reasonably suspects your account has been accessed or been used fraudulently by a third party;
- Promotexter is unable to collect recurring payments; or
- Your account has been inactive for at least twelve (12) months.
If your account is suspended, we will advise you by email at the registered email address. You may appeal or resolve any breach within thirty (30) days from notification. If unresolved within the thirty (30) day period, PROMOTEXTER may terminate your account and your use of TextBlaster immediately effective upon delivery to CLIENT of notice thereof.
You agree to fully cooperate with Promotexter in case of any investigation into any use or misuse of the Service via your TextBlaster Account.
Upon termination of your relationship with Promotexter, all licenses and rights to use Promotexter’s Services and Websites shall immediately terminate and you will immediately cease any and all use of the Promotexter Services and Websites;
The termination of this Agreement for whatever reason shall not relieve either Party from any liabilities arising prior to such termination unless otherwise provided herein.
You acknowledge and agree that after the thirtieth (30th) day following termination, Promotexter has no obligation to retain your Recipient Data and may delete and destroy such data without providing you notice of such deletion.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF TEXTBLASTER, PROMOTEXTER’S WEBSITE AND OTHER PROMOTEXTER SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED 'AS IS' AND WITH NO WARRANTIES OF ANY KIND. PROMOTEXTER, INCLUDING ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES AND PARTNERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACCURACY OF INFORMATION, OR THE QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE, NOR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES. FURTHERMORE PROMOTEXTER DOES NOT GIVE ANY WARRANTY THAT THE SERVICES AND/OR SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES PROMOTEXTER WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
Under no circumstances, including negligence, shall you hold Promotexter including its directors, employees, officers affiliates and partners liable for any losses of profits, loss of business or goodwill, loss of data or use of data, interruption of business, nor for direct, special, incidental or consequential damages of any kind however caused under or arising out of this Agreement or your use or inability to use TextBlaster.
Notwithstanding the above clause, the entire liability of Promotexter to you for all damages, losses, and causes of action whether in contract, tort or otherwise, with respect to the use of the Services and Website, shall not exceed one month’s average amount actually paid by you for access to and the use of TextBlaster.
Furthermore, you agree that you shall be liable for all consequences, costs and/or penalties, arising out of your use or misuse of the Service or infringement of any intellectual property rights or other rights of any person or entity, or breach of any of your representations, acknowledgements and warranties or other terms herein, whether intentional or not. Furthermore you agree to hold Promotexter, its employees, officers, affiliates and partners, harmless from any claim, demand or suit, whether in civil or in criminal law, including without limitation reasonable legal fees, made by the Recipient or any third party due to any such breach.
Additional Product Specific Terms
A text message may comprise one or more SMS parts, depending on the length of, and the characters used in the message, calculated as follows:
- Single Latin Alphabet SMS messages up to 160 characters, including spaces and punctuation;
- Long Latin Alphabet SMS messages containing more than 160 characters, including spaces and punctuation, will be sent as a concatenated multipart message with 153 characters per part. Each message part is billed separately;
- Single Unicode SMS messages up to 70 characters, including spaces and punctuation. This applies to any language character set outside of standard Latin Alphabet, including but not limited to Chinese, Thai, Korean, Arabic, Russian etc.
- Long Unicode SMS messages containing more than 70 characters, including spaces and punctuation, will be sent as a concatenated multipart message with 67 characters (134 bytes) per part. Each message part is billed separately;
Some characters may be classed as Unicode by our system, resulting in long message count. When sending SMS via TextBlaster, the SMS message count is clearly indicated in the Campaign Summary, and you are solely responsible for checking the message count before clicking the send button.
Phonebook Storage. Whilst Promotexter offers ‘unlimited’ phonebook storage capacity, this is intended to be on a fair usage basis, whereby your phonebook capacity subject to a fair usage limit of 2 times your average monthly outbound SMS traffic. For example, if your average monthly outbound SMS traffic is 100,000, then a Phonebook of 200,000 is considered fair. If your Phonebook is 200,000 but you are only sending 10,000 SMS per month, then this is considered unfair usage. If your Phonebook capacity exceeds such fair usage limitations, Promotexter will notify you by e-mail and provide fourteen (14) days to delete unnecessary Phonebook Contacts or to purchase additional storage capacity. In the event User takes no action, Promotexter will delete stored Phonebook contacts, starting with the oldest, least used contacts until the User falls within the prescribed limits. Under this condition, you agree that Promotexter has no responsibility or liability for the deletion of Phonebook contacts.
TextBack Number. This service allows you to receive inbound SMS to your TextBlaster ‘SMS Inbox’. You may optionally forward inbound SMS to a URL, email address or a Mobile Number. SMS forwarding may have related charges, which you should agree to online before activating this feature. Where Promotexter provides you with a Virtual Mobile Number (“TextBack Number”), this you agree that you are renting this number and that you do not own the number or have a right to retain that number forever, or the right to attempt to transfer ownership of the number to any third party. The TextBack Number may have an associated set up fee and minimum term, which will be clearly indicated upon activation, and by activating the TextBack Number you agree to the minimum term. Whilst Promotexter offers the TextBack service, we do not guarantee that all MO messages will be received, but we do guarantee that any inbound messages received will be accessible to you as the account owner. If Promotexter is unable to collect payment for the TextBack Number service from you, this may result in the permanent discontinuation of the TextBack Number on your account and we cannot guarantee that the same number will be available again. In this case, no more inbound messages to that number may be received. You may deactivate the TextBack Number service at any time, but you agree to fulfil payment for the minimum term once activated.
Other Add-ons. Various optional add-on services (including but not limited to Phonebook Clean Up and Birthday Alerts) are made available after creating your TextBlaster account. These are chargeable services and the prices are made clear before activating the add-on services.
API. In order to access the TextBlaster API, you must first create your TextBlaster account. You may generate a unique passkey for the API and you must add IP source addresses for authentication, via the My Account settings.
Promotexter permits you to interface and connect your software application to the TextBlaster API for the purpose of sending SMS, subject to strict compliance with the terms specified in the Acceptable Use section herein, and subject to the following additional terms:
- You agree that, if any third party has access to your software, you shall ensure the third party user accepts the same message content and spam terms as specified herein;
- You are solely responsible (and you agree that Promotexter has no responsibility to you or to any third party) for all activity via your account even if your software allows third parties to send SMS through the TextBlaster API;
- You may specify that your Software is “Powered by Promotexter” but you may not indicate that your software is endorsed or approved by Promotexter.
Additional Legal Terms
Force Majeure. Promotexter shall not be liable for any failure to fulfill its obligations herein due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, telecommunications failures (including, but not restricted to, any interruptions in services of Internet or mobile service providers or operators), transportation delays, earthquakes, fires, floods, labour disturbances, riots or wars.
Assignment. You may not assign these Terms or any rights or obligations contained in them. Promotexter may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
Governing Law. The laws of the Hong Kong shall govern this Agreement and its courts shall have exclusive jurisdiction to hear any disputes arising hereto.
Severability. If any of the Terms herein should be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then it shall not impair the legality, validity or enforceability of the remainder of the Terms.
Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
No Waivers. Promotexter's failure to exercise any of its rights under this Agreement will not constitute a waiver or forfeiture of such rights.
Modification of Terms. Promotexter may, at its sole discretion, amend, modify, add, remove or altogether change the terms and conditions of this Agreement. Promotexter shall notify you upon login of any changes. Upon log in to your User Account, you are deemed to have agreed to the updated terms. You may terminate your relationship with Promotexter if any such changes are not acceptable to you, as per the Termination, Suspension and Deactivation terms herein.