Terms of Service

1. Definitions

“Client” means any natural or legal person who uses or orders our SMS services.
“Agreement” means the contract formed between SendItNow and the Client for the provision of Services under these Terms.
“Services” means the SMS messaging services and any related functionality provided by SendItNow.
“GDPR” means the UK General Data Protection Regulation and the Data Protection Act 2018.
“Parties” means SendItNow and the Client collectively.
“Acceptable Use Policy” means the policy governing permitted content and usage, incorporated by reference in these Terms.
“Investigation Rights” means SendItNow’s right to request further information or evidence after submission if suspicious activity or complaints arise.

2. Applicability

These Terms apply to all offers, orders, and Agreements for Services from SendItNow.
Any conflicting or additional terms proposed by the Client are expressly excluded unless agreed in writing by SendItNow.
By placing an order or using the Services, the Client confirms that they have read, understood, and agree to these Terms (including the Acceptable Use Policy).

3. Orders and Formation

All quotations and price lists are non-binding unless expressly stated otherwise.
An Agreement is formed when the Client submits an order and SendItNow confirms acceptance in writing (including by email).
Orders remain subject to Investigation Rights if any concerns or complaints are raised about the provided phone numbers or content.

4. Fees and Payment

All fees are quoted in GBP and inclusive of VAT where applicable, unless otherwise stated.
Unless agreed otherwise, payment is due immediately upon invoicing and no later than 5 calendar days from invoice date.
The Client may not withhold or set off any payment against a counterclaim.
If the Client (as a consumer) fails to pay on time, we may charge statutory interest and reasonable debt-recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
If the Client (as a business) is late in payment, we may suspend or terminate Services without notice.

5. Client Responsibilities

The Client must use the Services in compliance with all applicable laws, including the Privacy and Electronic Communications (EC Directive) Regulations 2003 and anti-spam legislation.
The Client must not send unlawful, offensive, fraudulent, unsolicited communications (“spam”), or any messages of an abusive, indecent, obscene, or menacing nature.
The Client is solely responsible for ensuring the content and legality of all messages sent via SendItNow.
The Client represents and warrants that any phone number provided is owned or fully controlled by the Client, and that the Client consents to receive messages sent via the Service.
The Client must only send a SMS to a phone number they own.
By placing an order, the Client acknowledges these representations and accepts that SendItNow may invoke its Investigation Rights if concerns arise.
The Client must keep their username, password, and API keys secure and notify SendItNow immediately if they believe these have been lost, stolen, or compromised.
The Client must not reverse-engineer, interfere with, jeopardise, or impair the operation of SendItNow’s systems or services.
The Client must comply with any reasonable instructions from SendItNow regarding use of the Services and cooperate with security and other compliance checks.
The Client must not send or upload any content that infringes on the intellectual property rights of any third party.
If the Client intends to resell texts purchased from SendItNow, they must notify SendItNow accordingly.
The Client shall indemnify and hold harmless SendItNow against all liabilities, costs, damages, and expenses arising from any breach of these obligations.

6. SendItNow’s Obligations

We will use reasonable endeavours to provide the Services with reasonable skill and care.
We do not guarantee uninterrupted or error-free operation and may suspend Services for maintenance or due to force majeure (see section 9).
We will review each message submitted before sending to ensure it is appropriate, and reserve Investigation Rights to request further information post-submission if complaints or suspicious activity arise.
We will comply with all applicable data-protection laws in our role as a data processor (where relevant).
We retain logs of metadata (e.g., timestamps, IP addresses, message details) for compliance and fraud prevention; absolute anonymity cannot be guaranteed and metadata may be disclosed under legal compulsion.

7. Liability

Our total liability for direct loss or damage arising under or in connection with the Agreement is limited to the total fees paid by the Client in the 12 months preceding the event giving rise to liability, up to a maximum of £2,500 per claim.
We shall not be liable for any indirect, special, consequential loss, or loss of profits, data, or goodwill.
Nothing in these Terms excludes liability for death or personal injury caused by our negligence, wilful misconduct, or any other liability that cannot be excluded by law.

8. Termination

Either Party may terminate the Agreement for material breach by the other Party if such breach is not remedied within 14 days of written notice.
We may suspend or terminate Services immediately if the Client breaches section 5 or otherwise engages in unlawful activity, or fails to cooperate with Investigation Rights when concerns are raised.

9. Force Majeure

Neither Party shall be liable for any failure to perform due to events beyond its reasonable control, including acts of God, strikes, cyber-attacks, or network outages.
If force majeure persists for more than 30 days, either Party may terminate the Agreement on 7 days’ written notice.

10. Data Protection & Privacy

Where SendItNow processes personal data on behalf of the Client, the Client is the data controller and SendItNow is the data processor.
We will process personal data in accordance with the Client’s instructions, GDPR, and our Privacy Policy.
We will implement appropriate technical and organisational measures to protect personal data.
We may engage third-party processors; we remain responsible for their compliance.
We will assist the Client to respond to data-subject access requests and to comply with Articles 32–36 GDPR, at a reasonable cost.
We will notify the Client without undue delay in the event of a personal-data breach.
We retain logs and metadata related to messaging activity for a defined retention period for compliance and fraud prevention, as detailed in our Privacy Policy.

11. Intellectual Property

All intellectual property rights in the Services and any deliverables belong to SendItNow or its licensors.
The Client may not copy, modify, distribute, or reverse-engineer the Services except as expressly permitted.

12. Complaints

If you have any complaint about our Services, please contact us at [email protected].
We aim to acknowledge all complaints within 3 working days and resolve them promptly.
If a third party complains they received an unsolicited or inappropriate message, we will investigate using our Investigation Rights and may request Client cooperation or disclose logs to authorities if legally required.

13. Governing Law & Jurisdiction

These Terms and the Agreement are governed by and construed in accordance with English law.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

13. Governing Law & Jurisdiction

These Terms and the Agreement are governed by and construed in accordance with English law.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

14. Anti-Spam Policy

In accordance with the General Data Protection Regulations (GDPR), SendItNow has a strict anti-spam policy.
The Client must not send any messages to a phone number of which they do not own or control.
This means that we do not allow unsolicited SMS text messages, notifications, or alerts.
By placing an order, the Client warrants ownership and consent to receive the message; SendItNow reserves Investigation Rights to request evidence post-facto if concerns or complaints arise.
Clients acknowledge that carrier or regulatory requirements may evolve and agree to comply with any future verification or registration procedures if required.