WirelessMedia means WirelessMedia, Inc, a company registered in the British Virgin Islands.
The Partner means you as a client who uses our services
The Service means any service or product offered by WirelessMedia
1 - Responsibility
1.1 While WirelessMedia takes reasonable care to ensure that this website, its products and services are kept up to date and available, we make no warranty or representation that such material is accurate or that this website or services will always be available or without fault.
1.2 WirelessMedia may change the content of this website at any time and without any notice and without any liability. WirelessMedia will not be liable for any direct, indirect, incidental or coincidental damage that may arise out of your access, use or inability to use this website or our services.
1.3 WirelessMedia are not responsible or liable for content found on third party websites who choose to use the service.
1.4 WirelessMedia is not responsible for any items that clients upload to our public or private databases, the client remains solely responsible and liable for all legal recourse and costs.
2 - Provision of the service
2.1 WirelessMedia will provide the customer with services on the terms of this contract.
2.2 WirelessMedia will use reasonable endeavours to provide the service by any date agreed with the customer but all dates are estimates and WirelessMedia has no liability for any failure to meet any date.
2.3 It is technically impracticable to provide a fault free service and WirelessMedia does not undertake to do so. WirelessMedia will however use its best efforts to resolve any repair and any reported faults as soon as it reasonably can.
2.4 Occasionally WirelessMedia may change the technical specification of the service and/or suspend the service for operational reasons such as repair, maintenance or improvement of the service or because of an emergency. We will notify all clients, by email, as to such changes. It is the responsibility of the client to ensure they make the changes as notified within the time scale, and WirelessMedia cannot be held liable, directly or indirectly, if the client chooses not to make such changes and their service is impaired or interrupted as a direct or indirect cause.
2.5 All third parties are responsible for providing suitable computer hardware, software and telecommunications equipment necessary to access and use the service.
2.6 The service must not be used by the customer or any authorized user:
- Fraudulently, in connection with a criminal offence, or otherwise unlawful;
- To send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
- To cause annoyance, inconvenience or needless anxiety;
- To transmit knowingly or recklessly any electronic material (including viruses) through the service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by WirelessMedia or other internet users;
- To send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the service by any third party; other than in accordance with the acceptable use policies of any connected networks.
2.7 WirelessMedia reserves the right to suspend or terminate service if, in WirelessMedia's opinion, the service is being used for a dishonest purpose, offensive, abusive, defamatory, obscene or in violation of any persons or company's intellectual property or similar rights, or in contradiction of any regulatory body. Clients lose all rights to any monies, credits, tangible or intangible assets associated with the service if WirelessMedia deems that the service policies have been breached, and the client is fully responsible for all costs incurred in breach of this agreement. WirelessMedia reserves the right to retain such funds, until such time as it deems fit, to ensure that all items contained within this clause, either referred or inferred, is clear of impediment, and that the client has offered written evidence pursuant to any breach.
2.8 WirelessMedia will only outpay on the actual funds received from each service provider, in the event of non-payment, WirelessMedia will use all endeavours to recover said monies deducting any costs or charges from the total balance of revenue, WirelessMedia reserves the right to hold any revenue upto and including the amount owed if already previously paid. WirelessMedia cannot be held liable indirectly or other for non-payment of revenue by any service provider. The figures generated for each account that are accessible on-line through WirelessMedia are not necessarily the figures that will be used to calculate due payment to each client and are to be used as an indication of revenue only.
2.9 You must achieve a minimum of UK£500.00 of revenue to qualify for payment. Balances will be transferred from month to month (if over UK£50.00 for each month) and paid once the total revenue exceeds UK£500.00.
2.10 We reserve the right to alter pricing and out payments at any time.
2.11 You must include fair and open pricing of any service, and include such wording clearly. You must conform to any guidelines or service requirements imposed by any regulatory body, service provider, network or company involved in the provision of service.
2.12 You must inform us if the service you are offering contains adult or adult themed service. Such service will be offered in accordance with regulatory body requirements. Failure to inform of such use is in contravention of section 2.7. The client is responsible for ensuring their service meets the minimum guidelines set out by the regulatory bodies in the countries of operation. WirelessMedia cannot be held liable, in whole or part, for any costs or fines or for the service the client operates. The client agree's to accept all liability for the operation of their service without reserve or restriction.
2.13 WirelessMedia will deduct any charges or costs incurred in transferring any revenue to you.
2.14 Should WirelessMedia experience late payment from a service provider, WirelessMedia cannot be held liable for any difference in exchange rates, interest or costs incurred by The Client, but will use all endeavours to expediate any such revenue to be paid to The Client.
2.15 WirelessMedia cannot be held responsible incorrect usage of any service if the service has not received a Certification of Operation. This includes, but not limited to, incorrect routing of SMS's, incorrect billing or incorrect usage of bureau service.
2.16 WirelessMedia reserves the right to maintain the status of your account (for example, if your account runs out of credits and you operate a premium SMS service, then we will, at our descretion, add credits to your account and hold these against revenue). This service is aimed at reducing any downtime experienced by the client; WirelessMedia will contact the client to inform them of any actions undertaken to either secure the clients account or maintain service. WirelessMedia does not guarantee that it will undertaken such actions in all cases. If SMS credits are added to an account in such emergency cases, then a minimum blocks of 10,000 credits will be added.
2.17 WirelessMedia will charge £100.00 UKP for each minor breach of service. Should a breach of service incur the termination or suspension of a shared service, the client will be charged £1000.00 UKP per day of interrupted service. The client will be deemed fully responsible and liable for any damages or costs incurred by WirelessMedia.
2.18 WirelessMedia may provision various services including (but not limited to) ringtones, recordings, graphics, games and other content shown on websites, print or other offline or online media. It is the clients responsibility to obtain full and prior rights for the sale or demonstration of such products in their locality and the locality of the sale of products. By using WirelessMedia's services, you agree to fully and wholly without reserve indemnify WirelessMedia against any action brought about by any non-compliance. It is the clients responsibility to inform WirelessMedia of any infringements that require changes to be made to service to aid compliance in the locality of the complaint. WirelessMedia reserves the right to bar any services that are in breach within a locality without prior notice.
3 - Security
3.1 You must keep secret any personal identification numbers or any other form of access to WirelessMedia and comply with all reasonable requests that WirelessMedia ask in relation to keeping privacy details safe. The customer is responsible for the security and proper use of all user names and passwords used in connection with the service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.
3.2 The customer must immediately inform WirelessMedia if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
3.3 WirelessMedia reserves the right to suspend user name and password access to the service if at any time WirelessMedia considers that there is likely to be a breach of security.
3.4 WirelessMedia reserves the right (at its sole discretion) to require the customer to change any or all of the passwords used by the customer in connection with the service.
3.5 The customer must immediately inform WirelessMedia of any changes to the information the customer supplied when registering for the service.
3.6 WirelessMedia reserves the right to disclose the name, address and other contact details of the customer upon reasonable request in writing from any law enforcement agency and/or third party (or solicitors acting on behalf of either of the foregoing), where it reasonably appears to WirelessMedia that such information is required by such party to establish, exercise or defend legal rights included, without limitation, for the purpose of or in connection with actual or prospective legal proceedings or obtaining legal advice.
4 - Liability
4.1 WirelessMedia is not liable, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business, or anticipated savings, nor for any indirect or consequential loss or damage for any destruction of data.
4.2 WirelessMedia excludes all liability of any kind in respect of any material on the Internet which can be accessed using the service and is not responsible in any way for any goods (including software) or services provided by any third parties advertised, sold or otherwise made available by means of the service or on the internet.
4.3 WirelessMedia is not liable either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services or for faults in or failures of their equipment.
4.4 If WirelessMedia is unable to perform any obligation under this contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.
4.5 The client is fully responsible for the content or service that they operate. If the service breaches any of WirelessMedia terms, regulatory terms, law or rights of any individual or company, WirelessMedia reserves the right to terminate the service immediately and without prior notification.
4.6 The client agrees to indemnify WirelessMedia fully against any costs, fees, damages, legal or civil action caused directly or indirectly by the operation of any of our services.
4.7 WirelessMedia also reserves the right to pass on reasonable costs relating to dealing with any issues that arise from the use of its services by the client.
5 - Termination of the contract by notice
5.1 Either party may terminate this contract on 30 days notice to the other, without prejudice to any rights that may have accrued before termination. Upon termination (for whatever reason), WirelessMedia may re-allocate any user names and aliases associated with the terminated service.
6 - Breach of contract
6.1 Either party may terminate this contract or the provision of service under it without notice if the other:
- commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
- commits a material breach of this contract which cannot be remedied; or
is repeatedly in breach of this contract;
7 - Contract changes
7.1 WirelessMedia reserves the right to change the conditions of this contract at any time on 14 days notice to the customer. This notice will be in the form of text located on the main login page.
8 - Links
8.1 In addition to WirelessMedia's information on this website there are links to external websites which are beyond the control of WirelessMedia. WirelessMedia provides these links only as a convenience. The inclusion of such links is not an endorsement by WirelessMedia. WirelessMedia will not be liable for any loss or damage that may arise from a third party website.
9 - Communication with Wireless Media
9.1 WirelessMedia email servers intelligently block spam, and messages marked as spam and uses industry standard services to block the receipt of spam. It is your responsibilty to ensure that your mail servers are configured correctly and according to RFC specifications, and to ensure you mail server hasn't been blocked by any black listing service. If your email is blocked, it may not be received and we cannot be held liable for any delay or non-receipt of the email, nor any action not taken thereof.
10 - Privacy
10.1 WirelessMedia will always aim to handle all data fairly and securely. All data collected will never be divulged to any third party unless requested by law. No data will ever be sold to any third party for reference, marketing or any other purpose.
11 - Rights
11.1 WirelessMedia hold the intellectual property and contents of this website and all rights are reserved. You may download, store and print the material and information in an unaltered form for your own personal or business purposes only provided that this notice appears with all copes made. Any attempts to systematically retrieve data or other content from this website to create or copy indirectly, a collection, compilation, database or directory, or, copy, commercialise any material or information on this website, without WirelessMedia permission will be followed by legal action. Requests for permission should be addressed to our business team.
12 - Acceptance of these terms and conditions
12.1 By using WirelessMedia's services you hereby agree to all terms and conditions, whether express or implied, any updates to these terms and conditions take precedence over previous terms, unless specified in writing.
13 - Law
13.1 This contract is governed by the law of the British Virgin Islands, all visitors, clients, and users of any of our systems submit to the exclusive jurisdiction of the courts of the British Virgin Islands.
These terms and conditions were last amended: January 2007
12 March 2004 - Original Document
15 January 2007 - Added section 9, Communication with Wireless Media.