USA | UK / Europe / Other | South Africa
This Agreement sets out the binding terms of your use of the Service and may be modified periodically. Such modifications to be effective when posted on the website. BulkTXT.com is a service owned by Fontera US, Inc. and refers to services marketed directly by BulkTXT.com or any of its affiliate or subsidiaries.
The Service
BulkTXT.com, through the BulkTXT.com site, permits you to purchase (the "Service") a non-exclusive, revocable, non-transferable, non-assignable, limited license to send text alerts or digital content to a mobile device.
Compatibility
You are responsible for ensuring that your customers’ wireless devices are compatible with SMS text messaging or mobile WAP access. If they are unsure, we urge them to contact their wireless carrier regarding text capabilities of the service and the device. Recipients may be subject to standard SMS text message charges by their wireless carriers. They should check with their carriers. By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content on your mobile device.
Payments and Fees
Credit prices are based on the volume purchased at any particular time. The prices are preset and are available on the BulkTXT.com website. Credits can be purchased by PayPal or Direct Deposit.
All messages are sold entirely on a prepaid basis. If you do not have sufficient credits in your account you will not be able to send any messages. Credits are deducted for any messages submitted by the system, regardless of whether those messages are delivered or not. It is your responsibility to delete numbers from your lists if they do not exist or have been cancelled by the relevant carrier. Fontera US, Inc takes no responsibility whatsoever for messages successfully submitted but not delivered by carriers.
There is no monthly membership and the only charges incurred are per credit purchased. Use of the Web site and/or the Service is also governed by our Privacy Policy. Please Contact us with any questions regarding this agreement.
Cell phone and email address information is used by BulkTXT.com at various times to inform users of new features, content and promotions.
Opt-In Permission
Your customers/recipients must agree or opt-in to accept these forms of communication sent by you using BulkTXT.com. If you do not have prior, verifiable permission from your customers/recipients to send SMS Text Messages to them and a complaint is received from them or their carrier then your access to the BulkTXT.com can be suspended or cancelled at the discretion of the management of Fontera US, Inc. If your access to the BulkTXT.com system is cancelled then all credits on your account are forfeited and will not be returned under any circumstances.
When setting up your account, you will be prompted to complete the necessary information for your selected payment method, including your credit card information or other acceptable payment method. BulkTXT.com will charge the Fees to your credit card or other payment method as you use the Service and purchase Services. BulkTXT.com accepts Visa or MasterCard via PayPal or Direct Deposits to our bank account. You agree to pay for all Services you purchase through the Service, and that BulkTXT.com may charge your credit card or other chosen billing method for any Services or Credits purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BulkTXT.com WITH VALID BILLING INFORMATION FOR PAYMENT OF ALL FEES. YOU ARE ALSO REQUIRED TO NOTIFY BulkTXT.com WITH UPDATED PAYMENT INFORMATION SHOULD YOUR METHOD ON RECORD EXPIRE OR OTHERWISE BECOME DISABLED.
Right to Change Prices and Availability of Content.
Prices and availability of any Content are subject to change at any time.
Electronic Signatures and Contracts. Your use of the Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Nonpayment.
If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, BulkTXT.com may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Service and revoke your license to the Service. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower.
System Requirements. Use of the Service requires a compatible computer, compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you are responsible for ensuring the customer’s/recipient’s wireless phone/device is compatible. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Service if the Service is incompatible with your Device. User should always test compatibility through the BulkTXT.com website before joining.
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
CONTENT USAGE RULES
You acknowledge that the Content may contain security technology that limits your usage of the Content to some or all of the following usage rules, and you agree to use the Content in compliance with such usage rules.
* Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.
* You may not export, burn or copy the Content unless expressly permitted by this Agreement
* You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or the Content.
* The delivery of Content to you does not transfer to you any commercial or promotional use rights in the Content.
* BulkTXT.com does not allow you to send content that may be found objectionable and assumes no responsibility for the content included in your services.
* Users sending messages or content that may be deemed as hate speech or to incite violence against another will be reported to the authorities and will have their access cancelled immediately.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BulkTXT.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BulkTXT.com MAKES NO WARRANTY:
1. THAT THE SERVICE WILL WORK WITH YOUR DEVICE OR THOSE OF YOUR CUSTOMER/RECIPIENTS;
2. THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
3. REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR
4. REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BulkTXT.com OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
BulkTXT.com ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.
BulkTXT.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
(2) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
(3) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR
(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BulkTXT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BulkTXT.com WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (d) BulkTXT.com WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS

