World-Text Prepay Service Terms And Conditions

Home / Documentation
  1. Service Obligation
    1. Nevis Systems Limited, Scotland trading as World Text undertakes to provide the Customer with value-added SMS services ("the Service"). Nevis Systems will use its reasonable endeavors to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Nevis Systems, or by errors or omissions of the Customer. Nevis Systems specifically excludes any warranty as to the accuracy of information received through the Service.
    2. Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this contract by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will Nevis Systems be liable for economic, indirect or consequential loss.
    3. The liability of Nevis Systems (if any) in contract, tort, negligence or otherwise arising out of or in connection with supply of Service hereunder shall be limited in respect of any one event or a series of two or more connected events to £250.
    4. Save where the Service is terminated by Nevis Systems without cause, the Customer shall not be entitled to a refund of subscriptions paid.
  2. Term, Suspension and Termination of Service
    1. This contract shall be for a term of 3 months from the date of purchase of Credits by the Customer or the contract is terminated in accordance with the terms hereof.
    2. Support is only provided for the term of the contract. Credits are only valid for the term of the contract.
    3. Nevis Systems may elect to suspend or terminate the Service immediately and without prior notice, on breach of any of the terms and conditions of this contract (or in the case of clause 3.1.1 and 3.1.2, anticipated breach), including without limitation late or non-payment of sums due.
    4. From time to time certain mobile gateways, servers, or the whole or part of the Service may be closed down for routine repair, upgrade or maintenance work. Nevis Systems shall give as much notice as in the circumstances is reasonable and shall endeavor to carry out such works during the scheduled maintenance periods as published from time to time.
  3. Improper Use and Liabilities
    1. Use by the Customer:
      The Customer acknowledges that it may only use the Service for lawful purposes. The Customer warrants that:
      1. it shall not (or authorise or permit any other party to) use the Service to receive or transmit material which is in violation of any law, regulation or the Nevis Systems Acceptable Use Policy, or which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or otherwise unlawful;
      2. it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Nevis Systems, other customers of the Service, or any other Service users;
      3. it shall not use any source address that is not allocated for its use by Nevis Systems Limited;
      4. it as the registered user of the account will keep all allocated username(s) and password(s) secure and not let them become public knowledge and that the password(s) will not be stored anywhere on a computer in plain text;
      5. if any password for the Service becomes known to any other unauthorised user it will inform Nevis Systems immediately;
      6. all information they provide, including during service application, will be accurate and correct;
      7. any breach of these obligations shall entitle Nevis Systems to immediately terminate the Service to the Customer without notice.
    2. The Customer hereby agrees to fully indemnify and to hold Nevis Systems harmless from and against any claim brought by a third party resulting from the use of the Service by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by Nevis Systems in consequence of the Customer's breach or non-observance of these terms and conditions.
    3. The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Nevis Systems arising from the above claims and shall provide Nevis Systems with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
    4. The Customer shall be liable to pay all and any additional charges in connection with the use of the Service including those levied by its telephone service provider(s).
    5. Use by others:
      The Customer acknowledges that Nevis Systems is unable to exercise control over the content of information passing over the Service, and Nevis Systems hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
  4. Password
    Nevis Systems reserves the right to change the Customer's allocated password(s) at any time at its sole discretion.
  5. Deleted
  6. Assignment
    Nevis Systems shall be entitled to assign this Agreement either in whole or in part. This Agreement shall be personal to the Customer who shall not be entitled to assign this Agreement in whole or in part.
  7. Data Protection
    You agree that we may put your name and other information obtained about you from your subscription and the sales process into a computerised directory for internal use only, until we receive specific written instructions from you. Note that no personal details will be passed from us onto other companies, organisations or individuals not connected with servicing your subscription.
  8. Trial Accounts
    Trial (or evaluation) account Customers acknowledge that access to the Service may be restricted at the sole discretion of Nevis Systems in the interests of fully subscribed customers.
  9. Refunds
    Refunds will be given at the discretion of the Company Management.
  10. Nevis Systems reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer by posting on the Nevis Systems Web site. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Web site.
  11. Nevis Systems shall not be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, hardware failures, network outages, act or omission of Government or public telephone operators or other competent authority or other party for whom Nevis Systems is not responsible.
  12. The Customer acknowledges that it has read and accepts the terms of this contract. Use of the service by the Customer shall be deemed acceptance of the terms of this contract.
  13. This contract shall be governed by and construed in accordance with the laws of Scotland and the Customer hereby submits to the exclusive jurisdiction of the courts of Scotland.

rev.041201
Copyright © 2003-2008 Nevis Systems Limited. All rights reserved.