Terms & Conditions
Hardman Associates Limited ( 100% owners of Zaptext.com )
Including but not limited to:
- Software resources:- including source and object code, pre-compiled
libraries, software written by employees, agents, subcontractors,
or business partners of the company,
- Hardware resources:- including but not limited to Personal Computers,
workstations, servers (internet , database , telecommunication servers,
back-up servers, image servers), and all ancillary equipment.
- Communication resources :- including , physical wire based telecommunications
networks, satellite equipment, radio equipment, aerials, routers,
hubs, power supplies,
Data Information held on permanent or semi-permanent storage devices,
and transient data , such as text messages , e-mails , communication
hand-shaking, protocols, and other binary based zero-mass data.
Third Party Components
Components for which the design and/or run-time functionality lies
with a party other than the company. This includes, but is not limited
- Operating systems
- Server software
- Software Development Libraries
- Communications Networks or portions thereof
- Telecommunications equipment (including but not limited to mobile
telephones, pocket PC's, and any other computing device which is
able via hardware/software or a combination thereof to allow SMS
or E-Mail message transmission , SMS or E-Mail message receipt,
SMS or E-Mail message storage , or SMS or E-Mail message management)
The client company whose legal representative has signed the service
agreement , jointly with the company
The person using the Zaptext system, by way of logging in using
authorized userid and password.
The agreement signed by the client and a representative of the company,
which defines the nature , scope , tenure, and constraints of the
service which the company will make available to the client
That collection of components, including but not limited to software,
hardware, communications networks, or portions thereof, which render
the ability for the client to accept registrations from third parties
via the internet.
Where not specifically defined, this can refer to any message sent
using the Zaptext system, and includes SMS messages, Email messages,
and any associated attachments, whether such messages are sent by
user interaction for immediate transmission OR user interaction
for forward scheduled transmission OR as message responses which
may have been configured for the client, such as SMS messages, and
Email messages which occur as the result of a third party having
registered their details on a "Zapcapture" registration
TERMS & CONDITIONS
1.1.1 THIRD PARTY COMPONENTS
The company accepts no liability for the failure or fault of any
third party components, which might materially affect the overall
provision of the service.
1.1.2 FREEDOM TO CHANGE FUNCTIONALITY
The company reserves the right to alter functionality at will ,
where such alterations constitute either a justifiable improvement
to functionality, or a material change to embrace changes in the
overall operating context , such as a modification to a technical
framework such as SMS messaging, or general internet and e-mail.
1.1.3 VARIATION IN UNDERLYING SMS CHARGES
Underlying SMS charges are subject to change by the Telephone company
operators , SMS gateways, and SMS arbitrage agents. As such, Zaptext
reserve the right to change SMS charges in response to underlying
Whilst the company will take all reasonable steps to take a back-up
of the client data, the company can not be held responsible
for the failure of any mechanism or process which results in the
data being lost. Further, the client should not rely on any data
being held permanently by the company on their behalf. The company
cannot be held responsible for the loss or corruption of such data.
1.1.5 MESSAGES MAY BE HELD
E-Mail and SMS messages are potentially held on one or more servers
on a semi-permanent basis. The company will comply fully with the
police and other governing authorities in the event of any enquiry
as to message content and timing, and if necessary will pass on
such details to the said authorities.
1.1.6 MESSAGE CONTENT
The content of the message (E-Mail and SMS), whether typed directly
by the end user, or constructed via software is the sole responsibility
of the client, and must abide by all applicable laws in the clients country, the recipients country, and the United Kingdom, and United
States of America (where messages may be held and/or routed).
The Zaptext web site , including all software , hardware, and communication
components , and all data residing on any server or associated storage
device, shall remain the property of the company.
1.1.7 INTELLECTUAL PROPERTY
All intellectual elements in relation to the zaptext website, including
but not limited to, methods, techniques, processes, working practices,
plans, documentation, design elements are 100% owned by the company.
1.1.8 RESPONSIBILITY TO DIVULGE
Any individual who is exposed to any element of intellectual property,
whether by accidental discovery, system error, or any other means,
is expressly forbidden from divulging any such knowledge to any
other party, and is further required within one working day , to
inform the company of such exposure.
1.1.9 TRANSIENT POWER
The company is expressly reliant on electricity suppliers providing
a continuous supply of suitable electricity, at the correct voltages,
power capacity , and spike suppression. Should any failure in the
continuity or quality of the incoming electricity supply ensue,
the company is not liable for any failures to provide the service,
nor any data loss, nor any data corruption, nor any message corruption,
nor any other effect whether physical or commercial.