Terms of service

Terms and Conditions

Quick summary

• Our solution is designed for individuals and organisations who
  1. provide a service to others
  2. use appointments to allocate time with specific clients
• The site is provided in good faith but comes as-is and with no warranty. We also have no control over and cannot accept responsibility for our suppliers or any third party software (such as Google Calendar).
• You are responsible for any messages sent out and the date/times they are sent.
• SMS Client Reminders prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law
• When you add your client contact list the only information we store regarding your clients is name, mobile number and email.
• When you grant us access to to an online appointments calendar (or manually enter appointment data) we only extract dates, times and names (as per your contact list).
• Any information you supply is used solely by us for sending appointment reminders to the right client at the right time as defined in our Privacy Policy.
• It is your responsibility to ensure the contact and calendar information is correct and up to date.
• It is also your responsibility that the clients on your contact list do not object to being sent appointment reminders (or occasional direct messages from yourself if you so choose).
• You can sign up without supplying any payment information and have one free trial.
• You can optionally upgrade to a Pay As You Go (PAYG) or Monthly Plan ("plan"). Subscription payments are in advance, processed by PayPal and on a ongoing monthly basis.
• You can cancel your subscription any time from within your PayPal account or from within you r SMS Client Reminders account.
• Credits (obtained through either monthly plans or one off top up/PAYG payments) are non-refundable and have no monetary value.
• You understand that your account is tied to a specific country (i.e. where you operate) which determines the cost of the monthly plans and the formatting required for mobile phone numbers. If your country is not listed on the 'Country chooser' then it is not possible to use our service at this time.
• You won't abuse the system or use it for any purpose other than sending reminders about upcoming appointments to your clients or for one-off, periodic messages.
• We reserve the right to cancel any account where we suspect the user of activity that does not comply with these terms or is causing detriment to other member's use of the site.
• We might change the details of the monthly plans to enhance our service but any alterations won't be detrimental to existing subscribers.
• Our only use of cookies is to provide the capability for members to sign-on as explained in our Cookies policy.

Introduction

In using this website you are deemed to have read and agreed to the following terms and conditions:

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy and the privacy of your clients. Any personal information we hold about you or your clients is purely for the purpose of providing our appointment reminder service. It is your responsibility to ensure that the clients whose contact details you upload/supply/enter have given permission to be contacted in this way – we accept no responsibility for this.

You agree to abide by any Data Protection or Data Privacy laws applicable to your country (for example the GDPR).

In order for our service to work we need to know when your appointments are and with whom. The main way this is achieved is by you granting us permission to access one or more online calendars (which details your appointments). The only information we extract or use from your calendar is the names of clients (that match those on your contacts list in our service) and the dates/times of appointments. The data is not used for any other purpose whatsoever.

Any data transmitted via the internet cannot be considered fully secure and any information you supply should take this into consideration.

We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

View our Privacy Policy

Confidentiality

Client records and information are regarded as confidential and therefore will not be divulged to any third party, other than our messaging suppliers and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations:

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Free Trial

The free trial is available once per user and no payment details are required. You are given a set amount of free credits for the purpose of testing our service. Your free trial ends when your credits run out. You can then choose to either stop using the service or sign up for a Monthly Plan (“plan”). You cannot obtain another free trial.

Payment and Monthly Plans

Payment is either via individual PAYG payments (processed using PayPal) or via monthly subscription using PayPal and subject to their terms and conditions. Payment for subscriptions is in advance on an ongoing, rolling-month basis with a fee related to your chosen Plan. It is your responsibility to ensure you pick the Plan appropriate to your specific circumstances. You can upgrade or degrade your chosen Plan at any time. When upgrading you have two choices within PayPal. You can either opt to delay the upgrade until your next monthly payment is due, or choose to upgrade immediately in which case your monthly billing cycle starts on the date you upgrade.

Once payment has been accepted each month your account credits will be increased by the number of credits as per your chosen monthly plan. At the end of the month any outstanding account credits related to your monthly plan will be lost.

If the payment is not accepted (for example credit card details have expired) two extra attempts will be made over the next few days. If they both fail then the account will be automatically cancelled.

You can also choose to top up your credits by making a one-off payment (for PAYG and monthly subscriptions). Once payment has been accepted your account credits will be increased by the specified amount. Top up credits do not expire at the end of the month and can be used at any time.

Payment for credits is non-refundable.

Outgoing and Incoming messages both cost credits, depending on the length of the message

Monthly subscription costs for different plans are tied to specific countries. You must select your country of operation prior to upgrading your account as it cannot be changed once a plan is active.

Consent Requirements

Prior to sending an initial message, you must obtain agreement from the recipient to communicate with them, referred to as "consent". Note that you must make it clear to the individual they are agreeing to receive messages of the type you're planning to send. You have to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp.

If you don't send an initial message to that individual within a reasonable period after receiving consent (or as determined by local regulations/best practices), then you'll need to reconfirm consent in the initial message you send to that person.

Consent applies only to you, and to the specific use/campaign that the person has consented to. You cannot treat it as a blanket consent allowing you to send messages from other companies, or additional messages about other uses or campaigns.

Proof of opt-in consent should be retained as set forth by local regulation/best practices after the person opts out of receiving messages.

By using this website you are agreeing to follow the guidelines on carrier filtering outlined here.

Two Exceptions to Consent Requirements:

Consent is always required and the consent requirements noted above are recommended. However there are two scenarios where consent can be received differently:

• Contact initiated by individual
  If a peron sends a message to you, you are free to respond in an exchange with that individual. Eg, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual's inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited to that particular conversation. Unless you obtain additional consent, you must not send messages that are outside the scope of that conversation.
• Informational content to an individual based on prior relationship
  You may send a message to an individual where you have an established prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger potential communication, and has not expressed a preference to not receive messages from you.

Cancellation Policy

You can cancel a plan at any time by cancelling from within your SMS Client Reminders account or ending your subscription within PayPal. Any remaining credits will be available until the end of the most recently paid for cycle.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Communication

We have a single e-mail address for all queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using or buying our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.