General Terms and Conditions

You accept these terms and conditions when you send an SMS to Flippin' Bits Software, Ltd., together with any specific terms for such promotions which may be mentioned in any messages or on this website ('promotion information'). If you do not agree with any of these terms and conditions then you should not SMS Flippin' Bits Software, Ltd.

If there is any inconsistency between these terms and conditions and any other such information, these terms shall prevail.

These terms and conditions may be amended or varied at any time without prior notice. Any changes will be posted on this website. It is your responsibility to ensure you review these terms and conditions regularly to familiarise yourself with any changes. We recommend that you print and store or save a copy of these terms and conditions for future reference.

The following are written in plain English to avoid misunderstandings in the event of a query arising, rather than in the spirit of a legally binding contract.

    Parties

  1. Unless otherwise agreed, the agreement will be between Flippin' Bits Software, Ltd, trading as and known hereunder as 'FB' and FB's single customer known as 'the client', and the client's customer known as 'the customer'.
  2. Payment

  3. The client and the client's customer authorises FB to take payment upon reception of the premium rate SMS.
  4. The client's customer may specify their mobile number as a DO-NOT-SMS number. This blocks payments from that mobile, but also blocks service to that mobile.
  5. Nobody under the age of 18 may send us an SMS unless they have their parent's express permission. Sending FB an SMS constitutes permission from the bill payer.
  6. Provision of the premium rate service is free, though a set up fee may apply, and further services may attract further fees.
  7. Continuity and Performance of Service

  8. FB aims to provide the client with 100% availability of service. FB will, however, accept no liability for loss of revenue, damage to business or other problems encountered due to non-availability of service caused by any reason.
  9. FB will maintain a web page indicating system status. Refer to #6 above.
  10. No warranty is made on speed of delivery of premium rate SMSs, or any other service.
  11. FB's service are not designed to perform outside of the country. Do not send us an SMS from outside the UK.
  12. Products and Content

  13. Supply of products and content (e.g. text, data, pictures or sound) from FB's servers is a contractual arrangement between FB, the client and the client's customers.
  14. Supply of products and content (e.g. text, data, pictures or sound) from the client's servers is a contractual arrangement between the client and the client's customers, and does not involve FB.
  15. FB will not take liability for the client's failure to supply information, products or services as requested by the client's customers.
  16. The client is the Service Provider of all content sent to the end user and is responsible for abiding by the relevant PhonepayPlus regulations for such services.
  17. The client's customer's information and meta information about any communication with the end user is the sole property of FB, and may not be passed on to the client.
  18. Content created by the client on FB's servers remains under the control of the client for 2 months after removing the content from FB's servers. This prevents a later client using a keyword created by an earlier client.
  19. Data Protection

  20. Client's Customer agrees that any personal data can be used by FB in delivering information that FB feels they might be interested in.
  21. This can be controlled by the Client's Customer through an opt-out form.
  22. FB will not pass on any customer information to third parties, including the client.
  23. Cancellation

  24. FB requires notification in writing should the client wish to delete their account with FB. After reception, FB will not honour any further requests for the client's keywords.
  25. Other than for reasons in the above sections, FB will give 30 days cancellation in writing before services are discontinued.