Terms and Conditions

Thank you for joining Text fans. Please read the folllowing terms and conditions.

WHEREAS, TEXTFANS owns and operates a marketing service (the “TEXTFANS Service”) by which TEXTFANS directly or indirectly collects data and information from customers and formats and delivers such information to end users (“End Users”) optimized for delivery via data-enabled mobile devices; 

WHEREAS, TEXTFANS wishes to design, develop, provide for Client, host and operate a custom Internet-based application for use in connection with marketing content and/or similar applications (each, an “Application” and collectively, the “Applications,” as further defined herein); and

WHEREAS, TEXTFANS desires to perform and provide, and Client desires that TEXTFANS perform and provide, Short Code Services, the Mobile Marketing Center and API Service, as those terms are defined herein, pursuant to the following terms and conditions.

  1. License.

    1. Grant.  Subject to the terms and conditions set forth in this Agreement, TEXTFANS hereby grants to Client, and Client hereby accepts from TEXTFANS a worldwide, non exclusive, fully paid up and royalty free right and license during the Term to access and use the Applications.

    2. Reservation of Rights.  Except for the license rights granted to Client herein, TEXTFANS reserves to itself all rights in and to the TEXTFANS Service and the Applications except for any Client Data or Feeds that may be incorporated therein, and TEXTFANS may exercise such rights at any time and in any manner that it may deem appropriate.  In addition, Client shall own and continue to own any and all rights, including, without limitation, all copyrights, in and to the Client Data. Any modifications or enhancements to the Client Data or Feeds as a result of the Services being provided to Client will be owned exclusively by Client.

    3. Use Restrictions.

(i)    The Applications may only be used by Client for the purpose of permitting End Users to send and receive Mobile Messaging and Communications via SMS, MMS, and Mobile websites and Apps. 

(ii)    The Applications shall be hosted by TEXTFANS and Client shall not have any access to the software code of the Applications.

(iii)    Client shall not attempt to disassemble, decompile or reverse engineer, duplicate, replicate or create a derivative work based upon the Applications, or any portion thereof.

(vi)    Client may not use the Applications in any manner other than as permitted in this Agreement.

    1. Prohibition on Transfer. Client may relicense the Applications to third parties through the Organizational or Enterprise Level of the Mobile Marketing Center Application. Client may not transfer, assign or sell the Applications in whole or accompanying written Documentation to any third party, without TEXTFANS’s prior written consent.

e.    Use of Client Data.  Client hereby grants TEXTFANS a non-exclusive license during the Term of this Agreement to use the Client Data provided to TEXTFANS for the sole purpose of incorporating such Client Data into the Applications hosted by TEXTFANS.  TEXTFANS acknowledges and agrees that Client owns and/or otherwise has the right to use and to license the Client Data, and that TEXTFANS shall have no right to use or exploit the Client Data or Feeds except for the purpose of providing Client the Services and the Applications hereunder. 

  1. Fees and Costs.

    1. License Fees.  Client shall pay to TEXTFANS the license fees set forth in the Fee Schedule attached hereto as Exhibit “C” (the “Fee Schedule”).  Such charges will be referred to herein as “License Fees.”  

    2. Messaging Fees.  Client shall pay to TEXTFANS the messaging fees set forth in the Fee Schedule attached hereto as Exhibit “C” (the “Fee Schedule”).  Such charges will be referred to herein as “Messaging Fees.” TEXTFANS will invoice Client and Client will pay the License Fees for the Applications & Messaging Fees on a monthly basis in accordance with the timeframe provided in the Fee Schedule. TEXTFANS reserves the right to change prices for the Services provided hereunder in the event that price changes are imposed by carriers or 3rd parties. Such price changes will be announced to Customer at least fifteen (15) days prior to the effective date of the price change. If such a change represents an increase in any of the prices previously in effect for any of the Services covered by the TEXTFANS Service, then Customer may notify TEXTFANS in writing within fifteen (15) days of the effective date of such price change of its desire to terminate the TEXTFANS Service as of the effective date of such price change or Customer shall specify a termination date to take effect no later than 90 days following the effective date of such price change. TEXTFANS will invoice Client and Client will pay the License Fees for the Applications & Messaging Fees on a monthly basis in accordance with the timeframe provided in the Fee Schedule.

    3. Payment.  All undisputed Fees and expense reimbursements shall be payable by Client by Credit Card according to the billing structure set-forth. 

    4. Taxes.  Client will be responsible for the payment of any and all United States federal, state and local sales, use, excise, personal property or other taxes or duties imposed in connection with this Agreement or the license or use of the Applications hereunder, other than taxes on TEXTFANS’s income. The amount of such taxes will be added to the applicable Client invoice by TEXTFANS and be payable to TEXTFANS together with other sums due. Client shall not be responsible for any taxes that may be imposed by any foreign taxing authority.

    5. Audits.  TEXTFANS shall have the right to [implement tracking and monitoring mechanisms sufficient to accurately determine Client’s compliance with the payment terms set forth in this Agreement] Each party shall maintain accurate and complete books and records of all Fees billable to, and payments made by, Client pursuant to this Agreement.  Such books and records shall be kept in accordance with generally accepted accounting principles and in a format that will permit audit for a period of not less than three (3) years after payment has been rendered by Client.  Each party agrees that the other party, or its authorized agents or representatives, shall have the right to inspect and audit any such books and records at its own expense in the event of a dispute between Client and TEXTFANS concerning any billing rendered or amounts paid by Client hereunder.  In the event any such audit reveals an overpayment of any amounts due under this Agreement, Client shall be entitled to receive a prompt refund of all amounts overpaid by Client.  In addition, in the event that any such audit reveals an overpayment of five percent (5%) or more of any amounts due under this Agreement, TEXTFANS shall pay, together with the amount of such overpayment, the reasonable costs of such audit.

  2. Scope of Services.

      1. Access to Client Data.  TEXTFANS will provide client with a username and password to access the marketing services & Application via an online portal. Client is responsible to adhere to MMA (Mobile Marketing Association) Best Practices Guidelines as frequently updated online at http://mmaglobal.com/ when using the marketing services & Application.

      2. Collection of User Data.  As part of the Services, TEXTFANS shall collect on behalf of Client data regarding the users of the Applications, including, without limitations, traffic and page views collected or created from the Applications and periodically transmit to Client such data.  User data will be considered Confidential Information of Client, and all right, title and interest in and to such information will be owned by Client. During the Term, TEXTFANS will make standard reports available to client containing user data and other traffic and page views generated or collected by TEXTFANS regarding the use of the Applications.  

      3. Back-up of Client Data.  TEXTFANS is not responsible for, and Client hereby agrees to indemnify and hold TEXTFANS harmless for, the storage or dissemination of Client Data by TEXTFANS.  Client shall maintain as it deems appropriate back-up copies of all Client Data transmitted to TEXTFANS for use in connection with the Applications.  TEXTFANS is not responsible for any storing or back-up of such data.

e.    Service Levels.  TEXTFANS will (i) ensure that the Applications are available to End Users and to Wireless Carriers as described in the Service Level Agreement attached at Exhibit “D”, and (ii) host and operate the Applications during the Term, including without limitation arranging for communications links sufficient to provide responsive access, the proper functioning of which will be monitored 24 hours per day, 7 days per week, 365 days per year, with the goal of achieving at least ninety-nine and nine tenths percent (99.9%) reliability (both with respect to accessibility by End Users to the Applications and with respect to the proper operation of the Applications) over any consecutive seven (7) day period.  In addition, during the Term TEXTFANS will provide or arrange for the provision of service, support and maintenance of all hardware and software, including communications links for hosting the Applications, such support to be provided by technical support personnel proficient in the operation and maintenance of all hardware and software used in operation and maintenance of the Applications, who will be on call 24 hours per day, 7 days per week, 365 days per year.  

 (f) Acceptable Use.
Customer and all persons and entities accessing the Services provided to Customer, including Customer’s End-Users, employees, agents, representatives and third-party contractors must comply with TEXTFANS’s latest Acceptable Use Policy (“AUP”) set forth in Exhibit “D”.  Carriers in their discretions may modify the AUP from time to time. TEXTFANS shall give Customer prompt written notice of any changes to the AUP. Customer shall comply with the AUP and not permit the Services to be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose. Customer is solely responsible for any and all activities that occur on its Application or Services account. Customer agrees to immediately notify TEXTFANS of any unauthorized use of the Services or any other breach of security known to Customer and shall cooperate with TEXTFANS in investigations and other actions taken for suspected or known violations of the AUP, including any incidents of spam by Customer or any End-User. 

  1. Representations, Warranties and Remedies.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, APPLICATIONS, THE DOCUMENTATION, THE CLIENT DATA, THE FEEDS, ALL ACCOMPANYING MEDIA, IF ANY, AND ALL OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EITHER PARTY’S EMPLOYEES OR AGENTS, WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY SET FORTH ABOVE AND NEITHER PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.  

  1. Indemnification; Limitation of Liability.

    1. By Client.  Client agrees to indemnify and hold TEXTFANS and its affiliates, officers, directors, employees and agents harmless from any and all claims, costs, liabilities, and judgments, including reasonable attorneys’ fees (collectively, “Losses”), arising or resulting from (i) the breach or alleged breach of this Agreement by Client, (ii) the gross negligence or intentional acts of Client, or (iii) acts performed by Client outside of the scope of the rights granted by TEXTFANS under this Agreement.  

    2. By TEXTFANS.  TEXTFANS agrees to indemnify and hold Client, its Affiliates, and each of their respective affiliates, officers, directors, employees and agents harmless from any and all Losses arising or resulting from (i) the breach or alleged breach of this Agreement by TEXTFANS, (ii) the gross negligence or intentional acts of TEXTFANS, (iii) acts performed by TEXTFANS outside of the scope of the rights granted by Client under this Agreement, (iv) the Applications, the TEXTFANS Service and any and all Services provided hereunder by TEXTFANS, or Client’s or any Affiliate’s use thereof in accordance with this Agreement, (v) the collection and/or use of User Data by TEXTFANS hereunder, or (vi) TEXTFANS’s use of the Client Data or Feeds.

    3. EXCLUDING CLAIMS ARISING FROM BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES, BREACH OF CONFIDENTIALITY CLAIMS AND INDEMNIFICATION CLAIMS AND DEFENSE COSTS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, LOST BUSINESS, LOST INFORMATION OR OTHER PECUNIARY LOSS, SUFFERED OR INCURRED BY THE OTHER PARTY AS A CONSEQUENCE OF THE APPLICATIONS, CLIENT DATA, FEEDS OR SERVICES PROVIDED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOSS, COST, EXPENSE OR DAMAGE IN AN AMOUNT EXCEEDING THE SUM OF THE FEES PAID OR PAYABLE BY CLIENT TO TEXTFANS UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM.  

  2. Term and Termination.  

The term of this Agreement (the “Term”) will begin on the Effective Date of this Agreement and will continue for a period of one month, and afterward continue according to the terms set-forth month-to-month thereafter.  Client can provide written notice to TEXTFANS of its intent not to renew at least thirty (30 days) days prior the end of the then current Term.  

(a)    Force Majeure.  Except for delays or failures caused by the negligent act or omission of a party, neither party shall be liable under this Agreement by reason of any failure or delay of performance that occurs as a result of fire, flood, earthquake, or similar catastrophe; civil commotion, strike, labor dispute, or embargo; lack or failure of transportation facilities, shortage of suitable parts, materials, or any law, proclamation, or order of any governmental agency; or any other event beyond such party’s reasonable control (each, a “Force Majeure Event”); provided, however, that the party so affected will use its best efforts to avoid or remove the cause of non-performance and promptly continue performance hereunder whenever the cause is removed.  Notwithstanding the foregoing, the party not affected by a Force Majeure Event may terminate this Agreement immediately upon written notice to the other party if the Force Majeure Event continues for more than thirty (30) consecutive days or an aggregate of sixty (60) days whether consecutive or not.  

 (b)    Independent Contractors. Nothing in this Agreement will be construed as creating the relationship of joint ventures, partners, employer and employee, franchisor and franchisee, master and servant, or principal and agent between the parties.  Neither party hereto will be deemed the agent or legal representative of the other for any purpose whatsoever and each party will act as an independent contractor with regard to the other in its performance under this Agreement.  Nothing herein will authorize either party to create any obligation or responsibility whatsoever, express or implied, on behalf of the other or to bind the other in any manner, or to make any representation, commitment or warranty on behalf of the other.

Exhibit B

List of US Wireless Carriers

TEXTFANS will make a continuous and good faith effort to provision any and all leased Short Code(s) using MMA compliant campaigns to Wireless Carriers within the United States including, but not limited to the following:

Tier 1 Carriers: AT&T, Sprint/NEXTEL, T-Mobile USA and Verizon Wireless

Tier 2 Carriers: Alltel, Boost, Cellular One, Dobson, US Cellular, Virgin Mobile, Metro PCS

Tier 3 Carriers: Tier 3 Carriers have extremely fragmented distribution and most require local presence and/or advertisement of the application to gain approval. No individual carrier on this list can be guaranteed. Cellcom, Cellular South, Appalachian Wireless, Bluegrass Cellular, Cellular One of East Central Illinois, ECIT, Centennial Wireless, Immix Wireless, Inland Cellular, Revol Wireless, Unicel, West Central Wireless

Wireless carriers may change in name or merge from time to time, which is out of the control of TEXTFANS. TEXTFANS will inform Client as soon as practical if it becomes aware that any such Carrier will cease working with TEXTFANS to provide the Service.

Short Code Provisioning Fee
Customer may request a dedicated Short Code.  Customer shall only submit requests to TEXTFANS that comply with carrier requirements. TEXTFANS shall invoice the customer additional fees for hosting, provisioning, and gateway fees tbd for Short Code.

Fees are exclusive of charges that may be imposed by a carrier and/or short code service providers.  Customer acknowledges that if Customer leverages multi-entity programs or runs multiple Customer client programs on a single Short Code, all such clients programs will be at risk of interruption in the event any one client causes the Short Code to suspended or terminated pursuant to the Agreement.

There is NO better way to engage with your fans or customers than SMS Marketing.

Why SMS Marketing

  • 75% of consumers are OK with receiving SMS messages from brands (after they’ve opted in).
  • SMS messages have a whopping 98% open rate.
  • Text messages have a 209% higher response rate than phone, email, or Facebook.
  • 90% of SMS messages are read within 3 minutes.
  • Consumers redeem SMS-delivered coupons 10 times more than other types of coupons.

SMS is the Best Marketing tool you can use to engage fans and customers, PERIOD!

Text messages have a 209% higher response rate than phone, email, or Facebook.

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Have Questions? Look Here.

We have a instructional videos on every feature of the platform and our simple wizard tool will walk you through setting up key words and sending out texts in minutes.

Yes on business accounts we offer a free trial of 30 days. Once in you will see the TextFans platform is well supported with videos that teach you every single feature. But we are always here to help as well.

SMS stands for Short Message Service. This is the standard by which all phones send and receive 160 character text messages. ‘Text Messages’ and ‘SMS’ are often used synonymously.

160 is the standard length for SMS text messages.

Only from their wireless provider, and most wireless carriers include text messaging with their service plans so it is 100% free to the end-user (your customer).

We work with all major carriers across more than 58 countries internationally. In the US and Canada, we provide shared and dedicated short codes, and even long codes. International 2-way and 1-way SMS routes are available as well.

 

If you are a developer and know how to use an API, then the TEXTFANS SMS API will be easy to use. If you have to ask the definition of API, then we have a self-service platform that you can login to in order to create all of your mobile marketing and SMS campaigns yourself.

Your keyword remains in your account for as long as you make the monthly payments. If you cancel your account or fail to make your payment, the keyword becomes available for others to register after 45 days.

If you have an existing list that you need imported, upload it through the dashboard control panel. Additional subscribers can be added to your list if they opt in to your campaign by sending a text message to your keyword, or they can enter their information right on your website through a web opt-in script you can install provided from TextFans.com.

No software is required. You can configure your campaigns through our dashboard that you can access from any computer that is connected to the Internet.

Yes, you can change your plan at anytime. Need more text messages because your customer base is growing rapidly? Call or e-mail in and one of our friendly customer service representatives will change your current plan to the plan that best fits your needs.

We have a 100% satisfaction guarantee. If our program doesn’t work correctly or if you are not satisfied with our customer support, you can cancel at anytime effective immediately, unless your specific agreement has terms other than month to month. See your specific agreement for terms and conditions.

As often as you like as long as that is less than or equal to the number of messages the end user agreed to receive. This is directly determined by your specific enterprise and business model. We provide full-service consultation to help you communicate with your customers as frequently as possible to monetize the technology without excessive customer annoyance or opt-out.

Not for any of our US Short or Long codes, but in other regions MO rates can apply.

Set-up charges are determined by your specific account and needs. Call us now to discuss your specific needs and programs.

Most Plans have a limit on the number of key words you can add at no charge, however, additional key words can be added for a fee.

Messages must be delivered to a consumer’s mobile device only after the user has opted in to receive them. A user might indicate interest in a program in several ways. This can be accomplished by the user texting in your KEYWORD to the short code. Many businesses have now added a disclaimer in their purchase agreements to their customers expressly stating that by signing the purchase order they are agreeing to accept mobile messages from the business. This is also an acceptable opt-in and these phone numbers can be uploaded for future marketing efforts. The final way to get opt-ins to your mobile database of customers is to install multiple web opt-in scripts on your website. If you have frequent visitors to your site, offer them coupons, specials, reminders, exclusive information, and all they do is type in their phone number. When they type in the phone number they are uploaded into the database automatically.

Users can Opt-Out at any time by replying STOP to any message they receive.

It is an abbreviated phone number that can be 5 or 6 digits in the US. This 5 or 6 digit number identifies what company and program is sending Business to Consumer (B2C) texts. Whether you want to utilize one of our short or long codes or want to provision your own dedicated code for any country, contact us today and we can review pricing 1-323-230-3262.

Short code programs have to be individually approved by each wireless carrier to prevent spammers. We handle all of these issues for your company.

It varies by circumstance. Many people can leverage one of our shared short codes at extremely reasonable rates and do everything they need to do in order to both remain compliant and maintain the integrity of their data.
However some circumstances predicate the procurement of your own dedicated short code. We can certainly facilitate your needs here and often even have already provisioned short codes just waiting for the next owner. Contact us today and we can discuss your situation and help you determine whether you need your own short code or could potentially use on of ours plus the costs associated.

This is a common question we get asked. Short Codes are commonly used for almost every type of SMS text message: marketing, transaction, alerts, notifications, emergency, and more. Short Codes are intended to handle any message that is marketing in nature. If your campaign requires high volumes of messages, then a short code is the best and most reliable option.
SMS Long Codes are more often used for lower volume SMS messages. Some people use them for Web to chat or customer service type functions, transactional alerts, appointment notifications, and more. Long codes are not designed for bulk SMS nor will the carrier provision them for that type of use. We typically recommend less than 200 SMS per day per long code. Thus a business that is going to send thousands, tens of thousands, or even more SMS on a daily basis but wish to use long codes would then secure a bank of long codes and divide traffic between them. This is something that can be easily done with the TExtFans.com API.

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