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Terms and conditions for Mediaburst (Textburst, Clockwork and SurveyMill)

Version 2.1.0

Published 01 Aug 2018

See what changed since the previous version

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the bulk text message applications known as “Textburst”, “Clockwork” and “SurveyMill” listed on our websites mediaburst.co.uk, textburst.com, clockworksms.com and surveymill.co.uk (our products) to you. Please read these terms and conditions carefully before registering for any of our products. You should understand that by registering for our products, you agree to be bound by these terms and conditions. The paragraphs which start ‘Basically:’ offer a short explanation of these terms and conditions and are not legally binding.

1. Information about us

Basically: This is who and where we are.

Textburst.com, clockworksms.com, surveymill.co.uk (our ‘products’) are sites operated by Mediaburst, a trading name of SRCL Limited (‘us’ or ‘we’) which is registered in England and Wales under company number 03226910 and with a registered office at Indigo House, Sussex Avenue, Leeds LS10 2LF.

2. Your status

Basically: You understand that this is a legally binding contract.

By registering for one of our products, you warrant that you are legally capable of entering into binding contracts.

3. How the contract is formed between you and us

Basically: You are bound by these terms and conditions as soon as you sign up.

Sign-up, purchase of our products and continued use of our products shall each constitute acceptance of these terms and conditions by you and shall form a contract (“Contract”) between you and us. These terms and conditions regulate the terms of the Contract. If you have any queries regarding these terms and conditions please contact us at

4. Data Processing Agreement

Please read our Data Processing Agreement carefully before registering for any of our products. You should understand that by registering for our products, and agreeing to these terms and conditions, you also agree to be bound by the data processing agreement.

5. Provision of our products

Basically: We are not responsible for things we cannot control.

  1. We will take all reasonable steps to make our products available to you at all times. It is possible the quality and availability of our products could be affected by factors outside our control – such as atmospheric conditions, other causes of radio interference, features of functionality of your mobile phone or computer and faults in other telecommunication networks to which your network is connected.
  2. From time to time we have to maintain or upgrade our products and this may result in them becoming temporarily unavailable. We’ll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.
  3. We may suspend our products without notice if we have good reason to believe you haven’t complied with one or more of these terms and conditions or if any money owed by you to us remains unpaid.
  4. We investigate all complaints and reserve the right to suspend our products if a complaint has been made against you pending the results of investigation of the complaint.
  5. If you use our products from a country outside the UK you may be subject to different laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
  6. We may establish limits concerning the use of our products for example the maximum size of a text message that may be sent or received or a monthly limit on how many messages you can send or receive. We will notify you of these limits.
  7. You agree that we have no responsibility for the deletion, corruption or failure to store any of your content maintained or transmitted when you use our products.
  8. We accept no liability for the loss, late receipt or non-readability of any text message sent using our products.

6. Responsibility for content

Basically: We are not responsible for the content of your text messages.

We have no control over the value or quality of goods, services or content offered by third parties on or through our products. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or content.

Our products may be used by you to access mobile networks worldwide. We accept no responsibility for the services provided by these networks.

7. Use of shortcodes and keywords

Basically: Only use these shortcodes and keywords in the text messages you send through our products.

Where you use shortcodes or keywords purchased through one of our products, and you also use other text message providers, you must not use these shortcodes or keywords in the text messages sent through any other text message provider.

8. Your responsibilities

Basically: You must act responsibly and in a lawful way when you use our products. If you do anything irresponsible, which breaches these obligations, we will suspend your use of our products.

Recognising that good management and security of our products is important, you will agree that you will:

  1. Not use our products for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
  2. Keep your username and password and API keys safe and notify us immediately if you if you believe they have been lost, stolen or compromised;
  3. Not use our products for the purpose of spamming either in part or in whole;
  4. Not act in any way, whether knowingly or otherwise, such that the operation of our products will be jeopardised or impaired;
  5. Comply with any reasonable instructions issued by us which concern your use of our products and co-operate with us in our reasonable security and other checks;
  6. Not send or upload anything which in any way breaches the intellectual property rights of any third party.
  7. Deal with any ‘STOP’ request texted to us in a lawful way so as to remove the end user’s personal data, including their mobile phone number, from any relevant data lists you hold. We may store the end user’s request in the Textburst blacklist or forward the request to you through our Clockwork API.
  8. Tell us if you intend to re-sell the texts purchased from us, so that VAT Regulations can be complied with.
  9. Allow us to recover from you any fines or damages we have to pay which are caused by your breach of this agreement.

9. Information supplied by you

Basically: All information you pass to us is true, if it is not we will suspend your use of our products.

  1. By registering for our products you represent to us that the name, address and other factual information which you provide to us are correct.
  2. You acknowledge that if we suspect that registration information supplied to us is either inaccurate, false or without the knowledge of the person named on the registration, we may suspend our products to you while we investigate further. If our suspicions prove groundless we will re-connect our products immediately. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this clause.
  3. You must also tell us if your details change.

10. Price and payment

Basically: We keep our pricing up-to-date on our marketing websites. And we don’t offer refunds if your account is closed.

  1. The price of our products will be as quoted on our marketing sites from time to time, except in cases of obvious error.
  2. Prices are liable to change at any time, we will post such changes on our pricing page.
  3. Payment for our products must be by credit card, debit card or PayPal. For high-volume customers we may agree to set up an invoice account, in which case payment terms will be 30 days.
  4. We do not offer refunds under any circumstances and provided you send a minimum of one text message in every twelve month period your account will remain active and will not close. If you fail to send one text message in every twelve month period we will close your account and you will lose all outstanding credit on that account.
  5. Billing is handled by our parent company SRCL Limited.
  6. If you are a “reseller” of the texts purchased from us the reverse charge mechanism required by HMRC shall be applied after VAT number checks have been undertaken.

11. Our liability

Basically: Where the law says we have to be liable, we are only liable up to the total amount you pay us to use our products.

  1. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price you pay to use our products during the course of the Contract.
  2. This does not include or limit in any way our liability:
    1. For death or personal injury caused by our negligence;
    2. Under section 2(3) of the Consumer Protection Act 1987;
    3. For fraud or fraudulent misrepresentation; or
    4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  3. We are not responsible for your loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, or any indirect losses which happen as a side effect of the main loss or damage.
  4. However, if you suffer any direct loss, claim, damage or expense (including your reasonable legal costs)(“Direct Losses”) in respect of any claim that the normal operation or use of our products infringes the Intellectual Property Rights of any third party in the United Kingdom, we will compensate you for Direct Losses and the limitation in paragraph 11.1 above shall not apply, provided that you allow us to manage any such claims and the Direct Losses have not been caused by you misusing our products or breaching the Contract.

12. General

Basically: We only disclose your information to help us provide you with our products, or if required to do so by law.

  1. Where we are required to do so by law, you agree to the disclosure to any company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
    1. Any information relating to your registration, including your financial information and details of how you have performed in meeting your obligations under these terms and conditions.
    2. Any disclosure that may be authorised for these purposes in accordance with the Data Protection Act 2018 and or General Data Protection Regulation;
    3. Any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
  2. We will use your information which you provide to us together with other information for administration, marketing, credit scoring and control, customer services, web use preferences, and profiling your purchasing preferences. We will disclose your information to our service providers and agents (which include other companies in our group) to help us with these purposes. We will store your data until your account is deleted unless we have a legal reason to hold it for longer in line with our data retention policy.

13. Written communication

Basically: We will communicate via electronic means.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Notices

Basically: All notices given by either of us shall be by email.

All notices given by you to us must be given to us at hello@textburst.com, hello@clockworksms.com or hello@surveymill.co.uk. We may give notice to you at the e-mail address you provide to us when registering for our products, or in any of the ways specified in Written Communications above.

15. Transfer of rights and obligations

Basically: You’ll need our agreement if you wish to transfer this contract.

  1. The contract between you and us is binding on you and us and on our respective successors and assigns.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events outside of our control

Basically: If something outside of our control means we can’t provide our products to you, then the contract shall be suspended.

Sometimes things can happen that are completely outside of our control, commonly referred to as Force Majeure events. Things like riots, strikes, wars, fires, floods, earthquakes, changes in government policy and law. In the event we are unable to meet our obligations due to a Force Majeure event then the Contract is deemed suspended until the event has passed or we are able to find a solution by which our obligations can once again be fully performed.

17. Termination

Basically: If your use of our products involves a dedicated five digit telephone number – three months notice by either of us is required. Other than that, both of us may terminate immediately.

  1. If our product includes the supply of a dedicated five digit telephone number, either party may terminate the Contract on 3 months’ written notice.
  2. Where our product does not include the supply of a dedicated five digit telephone number, either party may terminate the Contract immediately.
  3. Either party may terminate the contract immediately if the other breaches the terms of the Contract and fails to remedy the same, when requested, within 30 days.

18. Waiver

Basically: If you breach these terms and conditions and we fail to object, this won’t mean we lose any rights under these terms and conditions.

  1. If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (Notices) above.

19. Severability

Basically: If a clause in these terms is deemed invalid, the remainder of these terms will still be valid.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire agreement

Basically: These terms and conditions are the entire agreement between us.

  1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

21. Our right to vary these terms and conditions

Basically: We may vary these terms and conditions at any time for any reason.

  1. You will be subject to the policies and terms and conditions in force at any time when you have an account for one or more of our products.
  2. We have the right to revise and amend these policies and terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

22. Law and jurisdiction

Basically: Any dispute between us will be resolved by English law in the English courts.

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.