Green Text™ enables organisations to send and receive text messages between web and email-based applications, and mobile and landline phones.
The Green Text portfolio consists of the following range of services:
- SMScontact™ enables you to send and receive SMS text messages to any mobile phone from any web-connected PC, and view their delivery success, where you only pay for the messages that you send.
- SMSbroadcast™ enables clients to create and manage online their own bulk SMS message campaigns, enabling replies to be received and delivery status to be reviewed, where you only pay for the messages that you send.
- SMSmail™ enables SMS messages to be sent from any email system, with replies and delivery statuses returned to the sender, where you only pay for the messages that you send.
- SMSoms™ enables SMS messages to be sent and received from within Microsoft Outlook 2007 and 2010 using Microsoft’s built-in OMS function, where you only pay for the messages that you send.
- devSMS enables clients to integrate a two-way text-messaging capability within their own applications and websites, where you only pay for the messages that you send.
All charges for the purchase of text packs are in pounds sterling and exclude VAT, which will be applied at the prevailing rate, where applicable. Specific charges and volume discounts for our range of services can be found on our Pricing web page.
Green Text reserves the right to vary pricing and volume discounts on giving you 28 days notice in writing.
Please note that you are charged for all free-to-receive messages that we send to the UK networks, on your behalf, for delivery to UK and international phones, regardless of whether a message is successfully delivered or not.
Message credits bought in advance through a Message Pack are valid for 24 months from date of purchase. Green Text reserves the right to cancel message credits if the account is unused for 24 months unless written confirmation has been received to extend this period.
Refunds for message packs cannot be issued where message credits have been used from the purchased message pack.
An invoice will be automatically generated and sent to your designated email address at the time of purchasing a Text Pack online from within your account.
All current and past invoices are available from your Statement of Account, accessed from your online account’s Administration Panel.
Our usual terms of trade are prepayment of our services in advance of use.
4. Free trial terms
Green Text provides you with the ability to evaluate our text messaging services by means of a “Free trial”. The “Free trial” enables you, having previously opened a Green Text evaluation account, to send 20 free text messages from your Green Text account.
These free messages can be sent through any of the Green Text services.
Once you have sent your 20 free text messages, you can continue using your account, with additional text messages purchased securely online with a credit or debit card, in accordance with the standard, published rates.
5. Governing Law
This agreement shall be construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with the service.
6. Message Content
Green Text processes messages on an automated basis. Green Text is not responsible for the contents of a message or of its accuracy. Green Text transmits messages in good faith and cannot be held responsible for the views or opinions of any message content, save for administrative messages generated by Green Text. Examples of such administrative messages are account confirmation emails, service change emails and SMS messages.
Customers warrant that message content sent by them complies with all local regulations in the destination country and indemnify us against all costs and fines that may be levied resulting from the sending of content that contravenes local regulations.
7. Appropriate Usage of Service
When you register, you must submit correct information regarding your identity, organisation and address details. It is not permitted to use any of the Green Text services for illegal or unreasonable activities. Customers who send threatening or demeaning messages will have their account at Green Text closed. Green Text does not permit SMS “spam” and will close the account of any person or organisation who engages in unsolicited bulk messaging. Deliberate misuse of the Green Text service, including obtaining message credits by deceit, will cause the customer account to be closed immediately. In the event of closure of the account any outstanding monies will fall due immediately.
Customers warrant that they have obtained the required permissions from message recipients to receive messages as regulated by the appropriate authorities in the destination country and indemnify us against all costs and fines that may be levied resulting from the sending of messages to recipients that contravene local regulations.
If you have not followed the above guidelines, you agree to indemnify us against any costs, fines or other losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party.
During registration of your account we will issue you with an administrator password which will enable you to set up other user names and passwords. These are essential for your organisation’s secure use of the service. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person.
If you believe that your username or password has been discovered or is being misused by someone else, then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may either suspend your use of the Services or change your password and then notify you of this.
Your Green Text account provides you with a facility to set a maximum daily number of messages that can be sent through your account. We recommend that you use this facility to minimise any loss through the misuse of your account. Green Text will not be held responsible for any misuse of your account.
9. Limitation of Liability
9.1 Neither party's liability for:
- death or personal injury caused by that party’s negligence or the negligence of that party’s employees or agents;
- fraud or fraudulent misrepresentation; or
- anything else that may not be excluded or limited by applicable law;
is excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.
9.2 We accept liability for reasonably foreseeable losses arising as a direct consequence of breach by us of our statutory duty. However we shall not be liable where the causes or potential causes of the loss: (a) were not reasonably foreseeable by both parties; and/or (b) were known by you, but not us, at the time that the agreement was entered into; and/or (c) arose from use of our products or services for purposes other than those for which they were intended; and/or (d) were reasonably foreseeable and preventable by you such as those arising from, by way of example only, loss of data or information where you have failed to back up copies of important data; or (e) where such loss is caused by your failure to follow our reasonable instructions or those of our authorised agent(s) to prevent such losses occurring.
9.3 You shall use all reasonable endeavours to mitigate any losses which you might otherwise incur.
9.4 Subject to Clauses 9.1 and 9.2, we do not accept any liability under or in relation to this agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:
- loss of profits;
- loss of or damage to reputation;
- loss of contracts;
- loss of customers;
- wasted management or other staff time; or
- indirect, special or consequential loss or damage;
and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
9.5 Subject to Clauses 9.1 and 9.2, our aggregate liability arising under or in connection with this agreement, whether in contract, tort or otherwise will not exceed:
- an amount equal to 125% of the total amount paid or payable by you under this Agreement in the year in which the cause of action arose; or
- if the amount referred to in (a) above cannot be calculated accurately at the time the relevant liability is to be assessed, or if it is less than £1,000, to £5,000.
9.6 No conditions, warranties or other terms apply to any products and/or supplied under this agreement except to the extent that they are expressly set out in this agreement and all terms, conditions, warranties and representations that might be implied by law or otherwise are excluded.
10. Intellectual Property Rights
You undertake to comply with the terms of any software licence agreement reasonably required by Green Text in respect of any software made available to you under this agreement (“Software Licence”).
You acknowledge and agree that all intellectual property rights in the services and any associated software supplied in connection with this agreement are vested and shall remain vested in Green Text, or the relevant third party licensors, as appropriate, and all such rights are expressly reserved. All rights and goodwill in and to the name, ‘Green Text’ and any associated logos, trade marks, devices or designs used by Green Text or referred to in any marketing or other materials used in connection with the services supplied under this agreement are strictly reserved to Green Text or the applicable licensor. Accordingly, you may not refer to or use such marks without the prior written consent of Green Text or the applicable licensor.
11. Intellectual Property Rights Indemnities
Green Text will indemnify you against all costs, liabilities, damages, losses and expenses suffered and/or incurred by you in connection with any third party claim in respect of an infringement of intellectual property rights arising directly out of those services and software supplied by Green Text to you, on condition that you undertake to:
- Inform Green Text promptly in writing of any allegation of infringement;
- make no admission relating to the infringement or do anything which may prejudice in any way our ability to defend such a claim on our products or services;
- allow Green Text or its agents to have sole conduct of all negotiations and proceedings and give all reasonable assistance in doing so (Green Text will pay your reasonable expenses for such assistance).
(“Claim”). If we receive prompt notice of such a Claim that, in our reasonable opinion, is likely to result in an adverse ruling, we may at our option: (a) obtain a right for you to continue using the products or software in question or allow us to continue performing the services; (b) modify the software or the services to make them non-infringing; (c) replace such software or services with something materially similar which is non-infringing (provided that the modification does not materially affect the performance of the services or the software, as applicable); or (d) refund any pre-paid fees for the allegedly infringing services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing services or software.
The provisions of this Clause shall be your sole and exclusive remedy in respect of any Claim.
This indemnity does not apply to infringements caused: (a) by the use of the services in conjunction with other software not supplied by Green Text; or (b) designs or specifications made by you, or on your behalf; or (c) by third party software or materials licensed by you from third parties (regardless of whether Green Text recommended such software) (“Third Party Software”) or any services or products supplied by third parties; or (d) use of any software other than in accordance with our instructions and the relevant user manuals and documentation supplied. You undertake to comply with the terms of any applicable licence terms and restrictions in respect of any Third Party Software.
You will indemnify Green Text and its agents against all claims, costs, damages, losses, liabilities and expenses arising from any third party claim or action arising out of: (a) any material or data supplied by you or on your behalf; (b) your failure to obtain any appropriate licence or clear any intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by you, or (c) associated with software or other components directed or requested by you to be installed or integrated as part of the services; or (d) your breach of this agreement or failure to comply with the terms of any Software Licence
12. Force Majeure
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).
13. Data protection and privacy
You represent, warrant and undertake that:
- you are notified as a data controller in accordance with the provisions of the Data Protection Act 1998 and the GDPR from 25th of May 2018 (the, “Acts”); and
- you are entitled to process and supply any personal data to us in connection with the services to be provided under this agreement pursuant to the Act and any applicable data privacy laws.
The terms, “personal data”, “data controller” and “data processor” shall have the meanings given to them in the Acts. It is acknowledged that you are a data controller of any personal data which is processed in connection with the services provided under this agreement. As such, Green Text is a data processor processing such data on your behalf. Accordingly, Green Text shall:
- only process such personal data to provide the services provided or to be provided under this agreement;
- only process such personal such data in accordance with your prior written instructions; and
- implement and employ such technical and organisational measures as are commensurate and commercially reasonable given the nature and value of the personal data in question to prevent its unauthorised disclosure and/or accidental loss or destruction.
You grant us the non-exclusive right to publish your company name and logo in our marketing material by way of reasonable publicity. We do not pass on your organisation’s details to others except where necessary for the purpose of credit checking and setting up continuous payment authority.
14. Client Sales Support and Complaints
We care about our customers and endeavour to provide a complaints process that is fair, confidential and effective. Green Text strives to provide a quality service to its clients at all times. If, however, we fail to meet our obligations or we disappoint you in some way, we encourage you to share with us our failings as soon as you are able to. We will then make all reasonable efforts to address your concerns within one working day.
You may cease use of the Green Text service at any time without notice.
Green Text reserves the right to suspend your use of any of the services without notice in the event of inappropriate use of the service or in any event on giving you written notice of termination.
In the event of non-payment of overdue invoices Green Text reserves the right to suspend the service on serving 7 days’ notice via email to your designated email address supplied at the date of ordering the service in question.
Green Text may terminate this agreement in the event that any of the following occurs in relation to you: you pass a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or ceases, or threatens to cease, to carry on business or any analogous event occurs in relation to you in any territory.
Green Text reserves the right to automatically terminate this agreement if you do not use any of the services for a period of at least two years. On termination of your account any unused credits will be cancelled.
In the event of termination or suspension of service any monies owing become due immediately and all rights and licences granted under this agreement shall come to an end. Termination shall not affect all rights and duties that have accrued up to and including the effective date of termination.
Except where explicitly stated in this agreement, Green Text reserves the right to vary the terms of this Agreement or the nature of the Service at any time.
Green Text will inform you of any such changes through email, or other mediums, as that Green Text considers appropriate.
Any notices must be sent by receipted e-mail, or post or delivered by hand as follows:
- To you, at the address you have given us or the email address given to us in your registration details
- To us by email by post to the contact details below.
In the case of notices sent by email, such notices shall have been deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall have been deemed to be received on the second business day after posting.
18. Data Protection
Green Text recognises and will abide by all data protection requirements as required by law and the GDPR, the main principles of which are:-
|Lawfulness, fairness and transparency
||Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject
||Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
||Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
||Personal data shall be accurate and, where necessary, kept up to date
||Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
|Integrity and confidentiality
||Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures
||The controller shall be responsible for, and be able to demonstrate compliance with the GDPR
For full details of our commitment to the GDPR please see our Privacy and Data Processing Agreement which can be found here.
||0845 873 3000
|Head office and registered:
Green Text is a trading name of TA and MB Ltd trading as TextAnywhere.
TA and MB Ltd is registered in England, with company registration number 11762458 and VAT registered with number GB 313 0356 51.