Terms and Conditions

Version 2020/01/31

No Cost, No Obligation Trial

We invite all registrants to trial our service for 30 days with no cost and no obligation. For every registration, we allocate 20 messages at no charge to enable you to test the service.

Purchasing

The cost of a message is dependent upon the quantity of messages purchased (see pricing). We refer to purchased messages as message credits. For pricing, one message is deemed to be one text message sent to one destination address. One such message costs one message credit to send. The cost of a message credit is given in the pricing pages, and depends on the quantity of messages you purchase. Should a customer send the same text message to two people simultaneously, then they will be charged two message credits for the transaction. Emails sent from our sites are charged at the rate of one half (0.5) message credits per recipient. No other charge is made by 2sms for the opening, maintenance or closure of your account with us. No charge is made for the transmission of validation codes to you. There are no other hidden service charges, usage charges (beyond the per message cost) or any other form of charges. The first messages are made available to you with no charge.

Payment Method

2sms accepts any major credit card (Visa, MasterCard, P-Card, American Express, Diners Card). Credit card payment can be made online, or via phone. You may also request an invoice, with terms of 30 days from the invoice date. Online payment is made using Worldpay. Further to this 2sms reserves the right to refuse or limit the credit extended to customers and may require payment before receipt of message credits from all customers who do not fulfill our credit requirements.

Delivery

Delivery of message credits follows automatically from the purchase of message credits. Customer accounts are updated, and the customer can view their balance in the reports section of the web site. In addition, a summary of account is displayed to the customer each time a message is sent.

Security

Our site is secured using Digicert Extended Validation Secure socket layer (SSL) technology. Customer information is held on a secure Microsoft Server cluster. Our firewall is Checkpoint.

Contracts

The Terms of Service do not affect your statutory rights, as defined by US law. As a customer of a multinational business, you are protected by US, UK and EU consumer law.

Usage Policy

When you register, you must submit correct information regarding your identity. It is not permitted to use 2sms for illegal or unreasonable activities. Customers who send threatening or demeaning messages will have their account at 2sms closed. 2sms do not permit SMS spam, and will close the account of any person who engages in unsolicited bulk messaging. Deliberate misuse of the 2sms service, including obtaining message credits by deceit, will cause the customer’s account to be closed immediately. (2sms seeks to act fairly and impartially in deliberating over any suspected abuse of our service).

Account Suspension

As a corporate text messaging service, 2sms reserves the right to suspend or ‘archive’ any trial account, which is deemed to be for personal use. Users may request re-activation, which will be actioned at the discretion of 2sms. This does not apply to accounts with a purchased balance, although all accounts must adhere to the Usage Policy, regardless of status.

Message Content

2sms processes messages on an automated basis. 2sms is not responsible for the contents of a message, or the accuracy of it. 2sms transmits messages in good faith, and cannot be held responsible for the views or opinions of any message content, save for admin messages generated by 2sms. Examples of such admin messages are password confirmation emails, validation code transmissions to emails and SMS, and monthly service update emails.

Limitation of Liability

2sms is liable for ensuring that the text message is processed and delivered to your mobile telephone operator. It is not responsible for the final delivery of the message by your operator to your mobile phone, as this is out of our control. There are various reasons for message delivery failure, including technical problems, or that the recipient mobile phone has been inactive for a considerable period, or that the recipient mobile phone had been outside of a valid GSM/CDMA coverage area for an extended period. 2sms will however provide real time information on the status of any message sent. Any message delivered to the recipient mobile phone operator, without an error code from the recipient mobile phone operator, is deemed to have been delivered. 2sms is not liable for any loss incurred by the failure of a message to be delivered. It is a condition of usage of this service that message contents are deemed to have zero value. It is a further condition of service that damages for financial or other loss resulting from delivery failure cannot be claimed from 2sms. Customers are strongly advised to ensure that sensitive and valuable information is communicated by a number of communication methods.

Amendments to Terms and Conditions

2sms reserves the right, following a 7-day email notice to the customer, to amend the terms and conditions for use of the 2sms Service. 2sms reserves the right to terminate a customer account in the following circumstances:

1. If the customer is breaching the usage policy guidelines
2. If a customer obtains by deception message credits
3. If a customer fails to pay for message credits, e.g. a credit card payment is rejected
4. If a customer’s message content is deemed to have caused unreasonable offense to a message recipient
5. If required by law

In any circumstance, 2sms will communicate by email its intention to close an account, and will place the account in suspension. The customer may appeal the decision, but 2sms ‘ decision will be final.

Force Majeure

All parties to these terms and conditions will be exempted in circumstances of force majeure, subject to reasonable notice, from these conditions. Circumstances of force majeure shall be deemed to include, inter alia, the actions of governmental authorities or the failure of governmental authorities to take action, new or amended legislation, retirement of personnel, illness or other reduction in work capacity, death, labor market conflicts, blockades, lightening, fire, flooding, loss or destruction of data or property of material significance, restrictions on availability of fuel, shortage of transportation, goods or energy, or defects or delays in the delivery of goods or services by suppliers, defects in the public data or telephone or mobile telephone network and defects in hardware or software.

Cancellation Rights

The customer has the right to cancel their order within 7 working days without giving a reason. The 7 days will start from when the contract is concluded. Where the customer exercises their right to cancel, monies will be returned within 30 days of cancellation.

Refunds

2sms will provide a full refund for any message not successfully transmitted to a recipient mobile phone where the reason for non delivery is determined to be in the control of 2sms. 2sms defines a successful transmission as a message that has been accepted into the SMS network. Given the store and forward nature of our service, there can be a time delay between message transmission and receipt. For example, if a recipient phone is switched off, the SMS network will hold the message until the phone is switched on again. Likewise, if a recipient handset has reached its memory capacity, messages will be queued by the recipients Short Message Service Centre (SMSC) until the handset memory is cleared for message receipt. While at all times, our customers can review the status of messages sent, we limit our refunds to those messages that we fail to deliver to the SMS network. We regard a message as successfully sent once it is handed over to the recipient SMSC for delivery. Refund requests will be reviewed and responded to within 24 hours of receipt of the request at support. It is a condition of service that 2sms offers service to the customer only on acceptance by the customer that 2sms is not liable for the value of the content of any message sent by the customer, or for and subsequent and consequential loss incurred by the customer in the event of failure of delivery by 2sms or its suppliers of the message.

Message Credit Lifespan

US SMS+ customers

2sms reserves the right to expire your message balance and automatically close your account if your account has been dormant for 12 months, with no refund due or payable to the customer.

US subscription customers

US customers using our monthly subscription service will have their account topped up to their subscription level each month on the billing date. Any message credits not used during the month will not be rolled over to the next billing period.

Example: 2,000 credit subscription. Use 1,500 in the month, reducing your balance to 500. At next billing cycle, we bring your credit balance back to 2,000 message credits.

Guarantees

2sms does not offer a guarantee beyond its refund policy. A receipt for the purchase of message credits is available at the time of purchase. This is supplied in the form of an email. Furthermore, customers can access their account details, and view a report detailing payments they have made to 2sms. 2sms aim to resolve bills and settlement queries within 24 hours of
receipt of the request at support.

Handling Complaints

2sms aims to provide a complaint handling service that is:

• Fair
• Confidential
• Effective
• Easy to use and well-publicized
• Speedy – you should have time limits for taking action and telling customers what you are doing
• Informative – so that you know which services you need to improve
• Simple to understand and use
• Checked – to make sure that it is working well and getting better

Solving Disputes

As a provider of telecommunication services, we are regulated by Ofcom.

1. 2sms. LLC is governed by US law.
2. Data Protection and Privacy

2sms meets the conditions of the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018. We operate a privacy policy, and do not send our consumer marketing material, or pass the customer’s details to others. We give consumers the option to refuse marketing material. We limit our email material to a maximum of one message a month, using this to update our customers on developments in our service. Customers have the option to opt in or out of this service. All other marketing material is distributed on our web site. We do not engage in direct marketing campaigns.

Data Protection and Privacy

2sms meets the conditions of the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018. We operate a privacy policy, and do not send our consumer marketing material, or pass the customer’s details to others. We give consumers the option to refuse marketing material. We limit our email material to a maximum of one message a month, using this to update our customers on developments in our service. Customers have the option to opt in or out of this service. All other marketing material is distributed on our web site. We do not engage in direct marketing campaigns.

GDPR

2sms has issued a GDPR statement. UK/EU customers are extended an additional set of rights, which are set out in our Data Processing Agreement.

In accordance with our terms and conditions we give 7 days notice on 24th January 2020 that a change to the 2sms terms and conditions for the use of the 2sms Service. The section ‘Annex – Terms and Definitions’ references Schedule 2 of our Data Processing Agreement which in turn lists the sub-processors used by 2sms to provide service. By accessing 2sms systems the customer hereby consents to the sub processors listed in Schedule 2 of the Data Processing Agreement, for carrying out processing activities in respect of the customer’s Personal Data. This change will come into force on 31st January 2020.

Customer Support and Service

Our principle customer support and service mechanism is email. We find that email offers the most efficient way to respond to our customers. We usually respond to emails within 2 hours of transmission, and a customer will rarely wait for more than 24 hours before we respond. We reply to all queries on a personal basis (with the exception of password requests). All bugs reported on our site are logged in our bug report, and available for customer to view. We regularly update our news web page, and detail updates to our web site at our update pages.

Website Promotions

From time to time 2sms may offer promotional items such as extra test messages on registration or purchase. These promotions are subject to demand, our usual usage policy and all regular terms and conditions listed above apply. 2sms reserves the right to remove any promotional offer at their discretion.