Your purchase of certain services (the "Services") via TexTricks web-based portal or API (application programming interface) is subject to the following terms and conditions (which may be updated as provided below, the "Terms and Conditions"). If you are using the Services or creating a TexTricks account on behalf of an organization, you warrant that you are authorized to bind that organization to the Terms and Conditions and the remaining portions of the Agreement (as defined below) and that the organization in question will be referred to as the "Customer."
YOU (AND YOUR ORGANIZATION, IF APPLICABLE) AGREE TO BE LEGALLY BOUND BY THE AGREEMENT, INCLUDING ANY UPDATES, BY REGISTERING FOR AN ACCOUNT OR USING THE SERVICES (THE FIRST DATE ON WHICH ECCURS, THE “EFFECTIVE DATE”). CAREFULLY READ THE AGREEMENT, PLEASE. AFTER IT IS ACCEPTED, YOU AND TexTricks AGREE TO BEHIND THIS AGREEMENT LEGALLY. You should not use TexTricks's services or click the "submit" button if you do not agree to be bound by the agreement.
1.Analysis.
If there is a clear inconsistency between the terms of a service order and the body of the terms and conditions, the service order's terms will take precedence. If the Terms and Conditions and any other part of the Agreement are directly at odds with one another, the Terms and Conditions will take precedence.
2. Services Offered.
As may be requested by Customer in a Service Order, TexTricks agrees to sell those services (the "Services"), and Customer agrees to buy and pay for those services; TexTricks reserves the right, at its sole discretion, to accept or reject any such Service Order.
3. Term.
3.1. The Agreement is powerful at the Effective Date and shall hold till the present day expiration of all Service Orders, or if there aren't any Service Orders, then the period of the Agreement will be one (1) yr from the date Services are first supplied to Customer (the “Initial Term”). Each preliminary period laid out in a Service Order is stated herein as a “Service Order Initial Term”. The date of any Service Order is stated herein because the “Service Commencement Date” (except some other date is distinctive because the Service Commencement Date in such Service Order). The following terms and conditions (hereafter called the "Terms and Conditions") govern your (called "Customer") buy of unique services (called the "Services") through TexTricks LLC`s web-primarily based totally portal or API (utility programming interface), together with any subsidiaries or affiliates. If you're registering for a TexTricks account or the usage of the Services on behalf of an agency, you affirm that you have the authority to bind that agency to those Terms and Conditions and the relaxation of the Agreement (described below), and that the period "Customer" shall practice to such agency.
4. Charges; Billing; Payment.
4.1. Pricing for Services might be furnished on a per-product foundation. Pricing for Services will be in United States Dollar forex (“USD”). In the occasion TexTricks consents in writing to just accept the price in forex aside from USD, Customer recognizes and consents that TexTricks may also modify this type of invoices or quantity(s), in its discretion, to account for any relevant forex rate(s).
4.2. Commencing at the Service Commencement Date, Customer pays the relevant prices for every Service as detailed at the TexTricks internet site or inside the relevant Service Order. Customer is chargeable for all Taxes (as described in Section 5.1) related to such prices, in addition to any payphone, toll-unfastened origination, SMS/MMS service fees, or different prices that need to get up or be billed through any underlying service or provider (every a "Pass-Through Charge"); further, a Pass-Through Charge will break away and now no longer counted in the direction of any minimal sales commitment, as appliable. Monthly habitual prices (“MRCs”) might be invoiced on a month-to-month foundation earlier. Non-habitual prices might be invoiced earlier and are due previous to the Service Commencement Date. Customer shall hold enough price range on deposit with TexTricks to pay any prices whilst incurred (until in any other case outlined in any Service Order, the "Due Date"), and Customer hereby authorizes
TexTricks to straight away deduct from such deposit the quantity of any prices incurred through the Customer. If the price range on the deposit turns out to be at any factor inadequate to all prices due and owing, then the Customer shall straight away deposit the quantity required to 0 out such insufficiency with TexTricks. TexTricks reserves the proper to drop all Services inside the occasion Customer has a bad stability on deposit with TexTricks.
4.3. Any billing dispute or request for a billing adjustment via way of means of the Customer has to be made in precise religion and in writing within fifteen (15) days of the bill date. Any such request shall encompass precise documentation to set up the premise for any adjustment. The customer has the same opinion to pay the undisputed part of the invoiced quantity inside the time frames outlined in Section 4.2 or a past due charge price identical to the lesser of 1.5% according to month or the most quantity allowable beneathneath relevant regulation on all super overdue quantities may be imposed. The Parties shall negotiate in precise religion to clear up any billing dispute for a length of thirty (30) days. If the dispute is resolved in prefer of TexTricks, or if Parties fail to together clear up the dispute inside such thirty (30) days, Customer shall pay the disputed quantity formerly withheld, inside five (5) days following such decision or failure to clear up, as relevant. If the dispute is resolved in the Customer`s preference, then any ensuing quantities because of the Customer will be implemented as a credit score towards the next Customer bill. The customer has the same opinion to pay on call for all affordable out-of-pocket charges of series beneath the Agreement, such as affordable attorneys` costs, whether or not or now no longer any movement is instituted via way of means of TexTricks in its discretion.
4.4. In the occasion prices due under any bill aren't paid in complete via way of means of the Due Date, TexTricks shall have the proper to droop any or all part of the Services to Customer without delay till Customer has paid in complete all prices then due such as any past due costs or penalties.
4.5. TexTricks may, upon written notice, impose a month-to-month credit score restriction primarily based totally on facts observed in a credit score report (the “Monthly Credit Limit”). If such Monthly Credit Limit is installed place, Customer might not use any Service or mixture of Services if such utilization will bring about the ordinary prices relevant to such Service(s) in any month exceeding the Monthly Credit Limit.
If Customer is anti-social inside the charge of costs as set forth herein or if Customer`s universal monetary circumstance modifications adversely (in TexTricks`s affordable commercial enterprise judgment), TexTricks reserves the proper to require Customer to offer as safety a coins deposit or letter of credit score in an quantity decided via way of means of TexTricks in its sole discretion, and, in such occasion, Customer shall offer such safety inside ten (10) days following TexTricks`s written request therefor.
5. Taxes and Tariffs.
5.1. Customer will be accountable for and pay any relevant foreign, national, provincial, kingdom and neighborhood taxes, which include without limitation, all use, sales, price added, surcharges, excise, franchise, property, commercial, gross receipts, license, privilege or different comparable taxes, levies, surcharges, duties, charges, or different tax associated surcharges, whether or not charged to or in opposition to the terminating celebration or the originating celebration, with appreciate to Customer`s use of the Services (“Taxes”).
5.2. TexTricks reserves the proper to require the submission of certifications of exemption from any Taxes from which Customer asserts itself to be exempt, at the side of any up-to-date certifications required via way of means of TexTricks, every so often in TexTricks`s sole discretion, for one of these asserted exemption to be applied on any invoice. Notwithstanding TexTricks`s earlier attractiveness of one of these certificates and in any case, Customer shall indemnify and preserve TexTricks innocent from and in opposition to all claims, expenses, liabilities, losses, or different damages (which include attorneys` charges and expenses) regarding any Taxes.
5.3. Customer will be accountable and pay all kingdom and federal price lists relevant to the Services.
6. Termination and Termination Charges and Related Matters.
6.1. TexTricks may also terminate the Agreement, any Service, or both, right away if Customer (a) fails to make any fee due below the Agreement, (b) fails to offer protection or extra protection in the timeframe, or (c) fails to directly remedy any fraudulent activity.
6.2. Either Party may also terminate the Agreement, any Service Order, or both, right away on observation, if the different (a) commits a cloth breach of the Agreement, that can treatment, and fails to treat the breach in the Remedy Period (as described hereinafter), or (b) commits a cloth breach of the Agreement which can not be remedied. Any termination of the Agreement or Service Order shall take impact upon shipping of written observation to the breaching celebration that it didn't remedy such nonperformance or breach. The “Remedy Period” means, inside the case of Customer, ten (10) days, and inside the case of TexTricks, ninety (90) days.
6.3. Customer recognizes that inside the occasion of expiration or termination of the Agreement or any Service Order, TexTricks has no duty to hold to offer any Services to Customer. The customer similarly consents that it's going to right away impact an orderly and well-timed transition of offerings to some other company and/or route.
6.4. Customer may also deactivate Customer`s account, and TexTricks will drop any entry to the Services, in addition to the series of any quantities owed, till Customer reactivates Customer`s account. The Term of the Agreement shall hold according to the phrases set forth herein and in any Service Orders in the course of this type of suspension.
6.5. From time to time, TexTricks may also but isn't always obliged, to supply to Customers positive promotional, utilization, or different credit. If Customer does now no longer use such credit within six months after such credit was granted, TexTricks reserves the proper to withdraw such credit with no liability.
7. No Warranties and Limitation of Liability.
7.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2. IN NO EVENT SHALL TexTricks, ITS SUBCONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING ANY DAMAGES ARISING FROM ANY NEGLIGENT ACT OR INADVERTENT OMISSION, WHETHER IN CONTRACT, TORT OR UNDER LAW, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TexTricks BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT IN AN AMOUNT OVER THE AMOUNT THAT TexTricks CHARGED OR WOULD HAVE CHARGED FOR SUCH SERVICES IN THE SIX MONTHS BEFORE WHEN THE CLAIMS.
Updates
Modifications At the sole discretion of TexTricks, and without liability to the extent permitted by law, the following may be changed or modified: Features, Protocols and Functionalities of the Portal, API, Network, Interconnection Point or any Part of a Service Modifications and replacements of hardware and software in the network or equipment used to deliver a Service Meticulous Modifications of TexTricks's Network, System Configurations or Routing Configurations.
Customers must comply with the Access to Usages Per User Agreement (AUP) and must ensure that their customers and other end users comply with it. Customers shall indemnify TexTricks from and against any claim, expense, liability, loss, or damage (including attorneys' fees and expenses), arising out of or connected with a violation of the Accessibility User Per User Agreement. TexTricks shall have the right to monitor the Customer's traffic patterns and to determine whether a Service is using a Service that is not following the Accessibility User Programmes (AUP). If a Service is found to violate an AUP, TexTricks has the right to cancel or suspend it or to transfer it to another platform. In addition to any remedies available to TexTricks at its discretion, TexTricks shall immediately terminate the authorization for any use of the Services (or any part of the Services) and shall charge Customer any appropriate rates and cancellation/ termination fees.
Telephony Services.
This Section applies to Telephony Services. All telephone calls to the United States and Canada shall be billed in sixty-second intervals with a minimum of sixty seconds. TexTricks shall make available to customers who have reasonably requested a direct-to-talk telephone number (DAD) or a toll-free telephone number (Toll-free) where TexTricks can access such numbers. A "Short Duration" call is a call with a duration of six seconds or less (although durations may vary depending on the jurisdiction). Customers must notify TexTricks if they intend to exchange short-duration traffic.
Messaging services:
13. SMS/MMS Services This section applies when a customer is using messaging services. The customer agrees with TexTricks that messages sent to or from the customer or their end users/customers/subscribers may be "blocked" by the carrier(s) or other service provider(s) for reasons that TexTricks does not know or understand. The carrier(s) shall not investigate or remedy the blocking of the messages for the benefit of the customer or any of their customers/customers. The carrier(s) and/or other service providers shall not guarantee delivery of any messages, regardless of why they are "blocked". The customer is responsible for "continuous availability" to receive messages through TexTricks IP connectivity.
E911 Services
If a customer is buying E911 Services, this section applies. Definition of E911 Services "E911 Service" (also known as "E911" or "Enhanced 911 Service") is a phone exchange communications service that a Public Service Provider (PSP) responds to when a customer dials 911. "E911 Authority" is a municipality, state, or other governmental entity that has been legally authorized to answer calls for public emergency telephone services using a single telephone number, such as 911. An E911 Authority can be an individual public service provider (PSP) or an entity that manages and operates multiple public service providers (PSPs) within a given geographical area. "Auto Location Identification" or "ALI" is the automatic display of the caller's telephone number, address/location, and, in certain cases, additional emergency services information on the PSAP.
Toll-Free Services:
This Section applies when a Customer is using a Toll-free Traffic Component (e.g., Toll-free Termination Services, Toll-free Origination Services, or Toll-free Messaging Services). TexTricks acts as the responsible organization for managing and managing the account records (the "Responsible Organization"). As the responsible organization, TexTricks limits the number of Toll-free reservations it holds.
Reservations are first come, first serve. TexTricks shall not be held liable for any unavailability of a Toll-free reservation due to TexTricks's capacity for Toll-free reservations. In addition to the terms and conditions outlined in the Agreement on Toll-free Services, customers are strictly prohibited from using a Toll-Free Service for 911 or other Emergency Service Communications. The Responsible Organization responsibilities of TexTricks are limited to Coordination of Data Entry, Record Change, Trouble Acceptance, and Troubleshooting Referrals and Clearances. The customer agrees to take such reasonable steps as TexTricks may reasonably request from time to time to ensure that it complies with all governmental and industry requirements.
CONFIDENTIAL INFORMATION
For this Agreement, “confidential information” is any confidential or proprietary technical, business, or financial information provided by one Party (the Discloser) to another Party (the Recipient) identified in writing as Confidential Information under this Section. The term “confidential” does not include information that is:
(a) Held by the Recipient without restriction before it is received by the Recipient,
(b) Made available to the public without a breach of the Agreement,
(c) Obtained by the Recipient with no restriction on its disclosure,
(d) Independently developed by employees of the Recipient who have not previously been provided with the Discloser's Confidential Information.
Except as otherwise specified in this Section, nonpublic information relating to the Services, including but not limited to, unpublished pricing, will be considered as confidential information and will not be considered by TexTricks. Customer’s customers and/or end users will not be considered confidential information.
By accessing and using this website, you agree to abide by its Terms and Conditions of Use, as well as all relevant laws and regulations. If you do not agree to these terms, you are not permitted to use this site. The content on this website is protected by copyright and trademark laws.
License for Use:
You are granted permission to temporarily download one copy of the materials from the TexTricks website for personal, non-commercial viewing only. This grant constitutes a license and does not transfer title. Under this license, you are prohibited from modifying or copying the materials, using them for commercial purposes, attempting to decompile or reverse engineer any software on the website, removing any copyright or proprietary notations from the materials, or transferring the materials to another person or server by mirroring them.
Disclaimer:
The materials provided on the TexTricks website are offered "as is." TexTricks explicitly disclaims all warranties, expressed or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. TexTricks also does not guarantee the accuracy, probable outcomes, or reliability of using the materials on its website or related platforms.
Limitations:
TexTricks and its suppliers shall not be liable for any damages, including but not limited to loss of data or profit, or business interruption resulting from the use or inability to use the materials on the TexTricks website. This holds even if TexTricks or its authorized representatives have been notified of the possibility of such damages.
Revisions and Errors:
The materials on our website may contain technical, typographical, or photographic errors. TexTricks does not warrant that any materials on its website are accurate, complete, or current. We reserve the right to make changes to these materials at any time without notice. However, we do not commit to updating them. TexTricks, nor any party involved in creating, producing, or delivering the website, shall be liable for any damages arising from your access, use, or inability to use this site or any linked websites, or any errors or omissions in the content.
Links:
TexTricks has not reviewed all linked sites and is not responsible for their contents. We do not guarantee the accuracy or reliability of information on linked websites. TexTricks is not liable for any false or misleading information on third-party websites nor for the goods or services offered on those sites.
Google reCAPTCHA:
You acknowledge and agree that TexTricks may use Google reCAPTCHA and, solely for that purpose, you agree to the terms outlined in the Google Privacy Policy and Terms of Service.
Modifications in Site Terms of Use:
TexTricks may revise these Terms of Use for its website at any time without notice. By using our website, you agree to be bound by the current version of these Terms and Conditions of Use.
Governing Law:
Any claim relating to the TexTricks website shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions.
Termination:
TexTricks reserves the right, without notice and in its sole discretion, to terminate your license to use the website and to block or prevent your future access to, and use of, the website.
By accessing and utilizing this website, you acknowledge and agree to comply with its Terms and Conditions of Use, as well as all applicable laws and regulations. If you do not consent to these terms, you are not authorized to use this site. The content presented on this website is safeguarded by copyright and trademark laws.
Legal:
Welcome to our Legal section. Here, you'll find important information about our company's legal policies and terms of service.
Terms of Service: Our Terms of Service outline the terms and conditions that govern your use of our products and services. By using our services, you agree to abide by these terms.
Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your personal information when you use our services. We are committed to safeguarding your privacy and ensuring the security of your data.
Copyright Policy: We respect the intellectual property rights of others and expect our users to do the same. Our Copyright Policy outlines our procedures for addressing copyright infringement claims.
Reporting concern related Legal: If you encounter any issues/concern related to legal, please write us at legal@textricks.com . We take all reports seriously and will investigate them promptly.
Abuse:
Our Abuse section provides information on how to report abusive behaviour or violations of our terms of service.
Reporting Abuse: If you encounter abusive behaviour, harassment, or violations of our terms of service, please report it to us at abuse@textricks.com . We take all reports seriously and will investigate them promptly.
Consequences of Abuse: Violations of our terms of service may result in account suspension, termination, or legal action, depending on the severity of the offense.
Fraud:
Our Fraud section addresses issues related to fraudulent activity and scam prevention.
Fraud Prevention: We are committed to preventing fraud and protecting our users from scams. Our fraud prevention measures include verification processes, monitoring suspicious activity, and educating users about common scams.
Reporting Fraud: If you suspect fraudulent activity or encounter a scam, please report it to us at fraud@textricks.com immediately. Your report helps us take appropriate action to protect our users and mitigate the impact of fraud.
Spam:
Our Spam section outlines our policies and procedures for combating spam and unwanted communications.
Spam Prevention: We have strict policies in place to prevent spam and unwanted communications on our platform. This includes measures such as spam filters, account verification, and user reporting.
Reporting Spam: If you receive spam or unsolicited communications, please report it to us at spam@textricks.com . We investigate all reports and take action against spammers to maintain a safe and enjoyable experience for our users.
Complaints:
At Textricks, we strive to provide excellent products/services and maintain the highest standards of customer satisfaction. However, we understand that there may be occasions where you may have concerns or complaints. We value your feedback and take all complaints seriously.
Reporting Complaints:
If you have a complaint about any aspect of our products or services, we encourage you to report it to us promptly. You can do so by contacting our customer support team directly at complaint@textricks.com . Please write us as much detail as possible about the nature of your complaint, including any relevant documentation or evidence.