Terms And Conditions - Updated on 12th Febuary 2007

From here onwards, TextOver means Daniel Journo t/a Kesher Communications

TextOver user means the person or company which is named on the TextOver account, and does not mean any other third party.

General

1. TextOver will do its best to ensure successful delivery of all messages. Successful delivery depends on additional parties such as ISP's, telcos and network operators, hence TextOver cannot guarantee delivery. Users understand that in the process of attempting to send a text, network resources are used and expenses are incurred. Therefore, TextOver have to charge for every text message attempted. Users are responsible to ensure all mobile numbers are valid and correct.

2. We may ask new users to provide proof of identity to ensure our service is safe from fraud and chargebacks. If requested, you will have 7 days to provide proof of identity by faxing a copy of your passport, clearly showing your name and photograph. If we do not receive proof of identity, you will be forced to remove your credit.

3. TextOver will not attempt to resend rejected messages, however some networks may try resending messages prior to providing a failed delivery report to TextOver. In such a case, the TextOver user will only be charged for the first attempt.

4. TextOver will provide a secure management and administration site where TextOver users can view the content of each message sent, and other associated information such as rejected messages, current balance, etc. From time to time, this reporting and admin site may be taken offline without notice for maintainence.

5. Any written notices which are required under this agreement or any TextOver agreement will be made via email.

6. TextOver may from time to time send postal and email newsletters which users must agree to receive. These newsletters can contain important service information, aswell as advertisements for third party services.

Pricing & Credit Expiry

7. The price of each text message depends on the network you are sending to. Prices are displayed on the Pricing page of our website, or agreed via written contract. In the event that a network(s) introduce reciprocal charges, TextOver retains the right to increase the price need per message, for that specific network(s). If the recipient is roaming, TextOver has to support both the home network and the foreign network for successful deliveries. Prices are reviewed daily and are subject to change without notice. In the event a change larger than 20% of the price when credit was purchased, the user will be entitled to request a refund of unused credit.

8. When a user credits their account, we will convert the credit into UK Sterling at the rate provided to us by our Card Processing Company. All account balances will be kept in UK Sterling and each SMS will be charged at the current UK Sterling rates. All US Dollar and Euro Dollar rates are listed on the website for informational purposes only and TextOver has no legal obligation to observe those rates. Users who are not crediting their account in UK Sterling agree and understand that the currency rates may affect their account balance.

9. Any credit purchased after the 16th January 2006 will have a 3 month validaty period from the invoice/billing date. Any credit not used within that time will expire and no refund provided.

10. Any setup fees paid are non-refundable.

11. All prices exclude VAT unless otherwise stated.

12. If this service is suspended due to complaints related to the TextOver user, contractual or payment issues, or any other reason which the TextOver user is responsible for, the expiry period will continue to be counted as normal, and credit will continue to expire at the rate agreed in clause 8, or the rate agreed in a written contract with TextOver.

Coverage & Features

13. The TextOver service is provided as is. Users should verify which networks are covered. Changes may occur as to which networks are covered. Currently, this service will only send SMS messages to the countries listed on the pricing page.

14. The 'Reply', 'Sender ID' and delivery receipt services are not guarenteed services. They depend on which network you are sending to.

15. The SMPP time-stamp (the time which is displayed on messages when they are received) depends on the particular networks processing and delivering that message. For this reason, SMPP time-stamp is not guaranteed to be the local time of the sender or recipient.

Spam Messages (Unsolicited Messages)

16. TextOver users must comply with all applicable laws, regulations and network operator requirements. Any complaint from a network operator would be regarded in a very serious light and the responsible TextOver user could be suspended without a refund of its credits. TextOver may block numbers and members from its service should complaints be received. TextOver users are responsible for any fees and costs which incur from a complaint. The complaint fee will be £20 + the fees charged by the network. Fees must be paid within 30 days to avoid late fees and interest.

17. Users must have permission of the recipients to send them SMS. Users are responsible for all costs resulting from sending SMS to recipients who do not provide permission.

18. To protect the integrity of the system, TextOver users may not send unlawful, obscene, abusive, harassing, threatening or obscene messages. Spamming (unsolicited marketing) is not allowed. Messages sent are stored and can be audited at any time. Users indemnify TextOver against any losses suffered in the event that they don't comply to the above.

19. TextOver may use filtering techniques to prevent spam messages being sent.

Responsibility

20. The company takes no responsibility for the use of its service and the TextOver Messenger software. The user will not hold TextOver or Kesher Communications responsible for any losses or damages resulting from its use.

21. TextOver has taken all steps necessary to secure all data contained on our systems. No information will be shared with any third partys. When text messages are sent, TextOver and our suppliers keep a record of each message and the recipients mobile number. This is to avoid fraud and criminal activities.

22. TextOver users are directly and solely responsible for all SMS sent through their account.

23. TextOver users will indemnify TextOver against any losses suffered in the event these terms and conditions are broken.

24. TextOver may not, under any circumstances, contact a sender or receipient, apart from the TextOver account holder unless required to do so by a network operator.

Downtime & Maintainence

25. Where possible, TextOver will provide notification via email of any scheduled downtime.

26. TextOver will provide an online service status at http://www.TextOver.com/ServiceStatus and will update the status as soon as possible if the SMS gateway goes down. In the event that the downtime is longer than 30 minutes, once we are aware of the issue, if possible, we will attempt to notify all users.

Refunds

27. TextOver will not and does not provide refunds for used or expired credit. TextOver may provide refunds for un-used credit, if requested within 14 days of purchase. Refunds after 14 days, other than those listed in clauses 6 or 24 will not be fulfilled. TextOver reserve the right to withhold refunds to users who have received a free trial or previously used the service to successfully send SMS.

Changes To Terms and Conditions

28. TextOver may be required to make changes our terms and conditions. These changes can be made at any time. Changes take affect 7 days after they are posted on the TextOver website.

Good Will Gestures

29. TextOver may from time to time choose to ignore these terms and conditions as a gesture of good will. These terms and conditions will remain standing regardless of any previous actions or gestures made by TextOver.

Termination

30. TextOver reserves the right to terminate this agreement at any time and provide a full refund of unused credit if these terms have not been broken by the TextOver user. Where possible, 14 days notice will be given to the TextOver user.

31. These terms and conditions will apply the entire time that the TextOver user has a valid TextOver account whether that be in credit or debt unless terminationed by TextOver.

32. In all cases, items which refer to complaints and related charges will remain in power until TextOver is sure that no complaints have been received.

Sim Hosting Terms

1. Sim hosting services have a minimum contract length of 12 months.

2. TextOver takes no responsibility for the sim card or level of service. It is the customers responisibility to select an operator whose service is available at our site in Manchester, UK.

3. The customer may change the sim card at any time. TextOver will reserve the right to reject the request to change sim card if a request was completed less than 30 days prior.

4. If a sim card has not seen any activity for more than 30 days, TextOver reserves the right to temporarily suspend the service. Clients may resume their service upon request however the full fee is still charged while a sim card is suspended.

5. Cancellation of a Sim hosting service requires a 30 day notice period. No refunds are available for any remaining prepaid period.

6. The service will be suspended if payment is not received in advance for the next billing period.

7. The customer is liable for the costs of returning the sim card at the end of the contract (if required).

8. The level of Incoming SMS received through your sim card is subject to a fair usage policy.

9. The customer is liable for all costs to the sim card operator. This includes but is not limited to monthly service charges, prepay topups, SMS messages and phone calls.

'Free 1GB USB Flash Drive Offer' Terms

1. Offer applies to new accounts registered and credited after the 11th Feb 2007.

2. Account must be credited with at least £50 excluding VAT.

3. This is a limited offer while stocks last. TextOver reserves the right to remove this offer without notice.

4. Offer is open worldwide however qualifying users located outside of the UK will have to pay any customs tax and P&P.

5. One per person or entity.

6. TextOver reserves the right to reject any claims under this offer from any customer.

7. Allow at least 60 days for delivery.