Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS

  1. DEFINITIONS

1.1    Supplier: Connect98 Limited

1.2    Customer means the person(s), company or firm identified in the Order confirmation as contracting for the product(s) and rental software including their successors and personal representatives.

1.3    Order means the Customers instruction to the Supplier for the product(s) and rental software.

1.4    Order confirmation means written signed confirmation of Order from Customer to Supplier for the product(s) and rental software.

1.5    Product(s) means text bundle(s) which will incorporate the message all texts powered by Connect98.

1.6    Price means the initial payment(s) and monthly payments recited in the Order.

1.7    Software means the software known as Connect98 rented by the Supplier to the Customer.

 

  1. FORMATION OF CONTRACT

2.1    Each Order accepted by the Supplier following Supplier’s quotation for the product(s) and rental software which is no more than an invitation to treat shall constitute an individual legally binding contract between the Supplier and Customer and such contract is hereafter referred to in these Conditions as an “Order”.

2.2    The terms of this Order are to govern any contract between the Customer and Supplier and shall prevail over any terms put forward by the Customer unless the Supplier expressly agrees to them in writing.  No conduct by the Supplier shall be deemed to constitute acceptance of any terms put forward by the Customer

2.3    It is agreed that the product(s) and rental software included in the Customer’s Order will be delivered only after the Customer has signed the Order confirmation and the provisions of this Agreement shall apply to the product(s) and rental software and govern the rights and liabilities of the parties in relation to the product(s) and rental software.

 

  1. ACCEPTANCE

3.1    The Customer shall be deemed to have accepted the product(s) and rental software upon their delivery by the Supplier to the address specified in the Order.

 

  1. DELIVERY AND RISK

4.1    Any time or date for delivery given by the Supplier is given in good faith but is an estimate only.

4.2    Risk in the product(s) shall pass to the Customer upon delivery.

 

  1. RENTAL TERM AND PAYMENT

5.1    The Price of the product(s) and rental software is the Price prevailing on the date the Supplier accepts the Order and as recited in the Order.

5.2    The rental term of the software is one year from the date the rental service goes live and the rental term will automatically renew at the end of the term at the Price then prevailing unless the customer gives three months written notice during the currency of the rental term terminating the rental to expire on the last day of the rental term.

5.3    The Supplier reserves the right during the rental term to increase the Price to a sum not exceeding 5% of the Price.                   

5.4    If the Customer fails to pay any instalment promptly in accordance with the terms of this contract the Supplier may terminate the contract and retain all payments already made and pursue the Customer for all losses suffered as a result of the Customer’s breach of the terms of the contract.

 

  1. TITLE

6.1    The product(s) shall remain the Supplier’s property until the Price is paid in full and the Customer shall hold them as bailee, display them in such a way that they can be identified as the Supplier’s property.

6.2    Although the product(s) remain the Supplier’s property until the Price is paid in full the Customer shall insure them against loss or damage accordingly (and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Supplier as trustee for the Supplier).

6.3    The Customer’s right to possession of the product(s) shall cease if:

(i) the Customer has not paid the Price in full

(ii) the Customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement or

(iii) a receiver, liquidator or administrator is appointed in respect of the Customer’s business

On cessation of the Customer’s right to possession of the product(s) in accordance with this clause the Customer shall at his own expense make the product(s) available to the Supplier and allow the Supplier to repossess them

6.4    The Customer hereby grants the Supplier, his agents and employees an irrevocable licence to enter any premises where the product(s) are stored in Order to repossess them or inspect them at any time

6.5    If, in accordance with the terms of this clause, the Supplier repossesses the product(s), the Supplier shall be under no obligation to refund all or any part of the Price so paid by the Customer

 

  1. FORCE MAJEURE

7.1    The Supplier shall not be under any liability for any failure to perform any of its obligations under the Order due to force majeure.  Following notification by the Supplier to the Customer of such cause the Supplier shall be allowed a reasonable extension of time for the performance of its obligations.

7.2    For the purposes of this Condition force majeure means fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the party affected thereby.

7.3    If due to circumstances outside the Supplier’s control amounting to force majeure as defined in this contract there is a shortage of the product(s) to be supplied under this contract, so that the Supplier has, or can obtain or produce insufficient product(s) to satisfy its contracts with the Customer and its other customers, the Supplier may allocate the product(s) available to it between the customers with whom it has contracts for the supply of such product(s), and may make that allocation on such basis as it thinks fit.  In that case:

7.3.1 the Customer will accept and pay for any product(s) delivered to it; the Price payable for the product(s) delivered shall be proportionate to the contract Price in the same ratio as the quantity delivered is to the contract quantity; and

7.3.2 the Supplier shall be treated as having discharged its obligations to deliver product(s) under this contract and shall not be liable for breach of contract in respect of the failure to deliver the full contract quantity

 

  1. GUARANTEE WARRANTIES AND INDEMNITIES

 

8.1    This warranty defines the Supplier’s liability in respect of the product(s).  Except as expressly stated in this contract, all other conditions, warranties or other undertakings concerned with the condition or quality of the product(s), their fitness for any purpose or correspondence with any description or sample, whether express or implied by statute, common law, custom, usage or otherwise, are excluded from this contract

8.2    While every effort will be made by the Supplier to supply the product(s) in accordance with the quality of the product(s) submitted or quoted for, this cannot be guaranteed and no condition or warranty to this effect shall be implied.

8.3    The Supplier warrants that the product(s) comply with all British and EC statutory and other legal requirements applicable to such product(s)

8.4    The Customer agrees to indemnify the Supplier against any damages, losses, costs, claims or expenses incurred by the Supplier in respect of any claim brought against the Supplier by any third party for:

(a) any loss, injury or damage wholly or partly caused by the product(s) or their use

(b) any loss, injury or damage in any way connected with the performance of this contract

8.5    Any data collected by the Supplier for the Customer for the benefit of the Customer shall at all times ensure to the benefit of the Customer and will be stored by the Supplier secured and protected for the benefit of the Customer

8.6    Any data collected by the Supplier for the Customer or for the benefit of the Customer will not at anytime be shared by the Supplier with any third party other than if required by law to do so.

8.7    At the end of the term of the contract and if so requested by the Customer the Supplier will transfer to the Customer all data held by them to the Customer and in consideration thereof the Customer will pay the Supplier a transferred charge of £50.00 plus VAT.

provided that this clause will not require the Customer to indemnify the Supplier against any liability for the Supplier’s own negligence

 

  1. UNSOLICITED TRAFFIC

9.1    The Customer undertakes that it will not use any services for any illegal, immoral or improper purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the jurisdiction or mobile operator requirements as they exist and as a change over time and undertakes not to allow any third party to do so.

9.2    The Customer shall under no circumstances send unsolicited traffic to the Supplier and if unsolicited traffic emanates from a customer the Customer will terminate the connection with his customer and ensure the customer is no longer connected to the Supplier.

9.3    If the above clauses in this section are violated the Supplier can immediately suspend (i.e temporarily stop providing the service) or terminate the contract, at its sole option, without prejudice to any damages the Supplier may be entitled to claim against the Customer.

 

  1. CUSTOMER ACKNOWLEDGMENTS

10.1  If it is alleged that the product(s) infringe any intellectual property rights of any third party the Customer shall:

(a) promptly notify the Supplier of the allegation

(b) allow the Supplier to dispute or defend the allegation and any legal proceedings relating to it in such manner as the Supplier thinks fit and to have sole control, at the Supplier’s expense, of any litigation and/or negotiations relating thereto

(c) not without the Supplier’s consent make any admission of liability

10.2  The Customer is responsible for providing internet connectivity via Wi-Fi and the continuity of that service during the rental term.

10.3  The Supplier shall incur no liability to the Customer for misrepresentation by virtue of any statement made by or on behalf of the Supplier prior to this contract, whether orally or in any letter, document or sales literature, and the Customer shall not be entitled to terminate this contract on the grounds of any such misrepresentation

10.4  No employee of the Supplier has authority to make any statement or representation about the goods or services supplied under this contract

 

  1. ECONOMIC LOSS

Subject to Condition 12 and notwithstanding anything contained in these        Conditions (other than Condition 12) or the Order in no circumstances shall the   Supplier be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof: (i) for any loss

“We have been customers of Connect98 across the group for several years now and consider them to be a valued business partner. Their service allows us to create a very valuable database of customers mobile numbers.

A short message with a little incentive always generates more business. Text marketing also helped us enormously when we came out of lockdown. It was the quickest and easiest way to let our customers know we were open again.”

Vinay Bhudia, General Manager,
Tiger Bay International

“One of the most useful features of the Connect98 system is that we can send messages out from Head Office to all our customers, or just locally from any location. We also run competitions using different keywords and always get a great response from that.

Because the response to text is almost immediate, we can send out announcements relating to real-time weather conditions, eg ‘Come and bowl when it is too hot, too cold, too wet...’”

Ana Pinto, Head of Marketing,
Namco Funscape (10-pin bowling)

“Vaping manufacturers are continually adding new products and different, updated vaping devices to their range. Rather than waiting for customers to come into any of our shops to see what is new and available, we often send a text message. We can include in this a link to our website where they can explore the entire range.

I would recommend Connect98 to any retailer that wants to encourage repeat business. It is a great way to stay in touch.”

David Carmichael, Owner,
Carmichaels Vaping

“We started using Connect98 a few months before lockdown and thank goodness we did. Coming out of lockdown it seemed like the whole country needed a haircut and every hairdresser was trying to greet them. We got in first, sent a message out as soon as Boris made his announcement and within 24 hours nearly 20% of our database had made appointments. It is all about getting there first. You know what they say, ‘if you snooze – you lose’.”

Lisa Harris, Owner,
Colour By Lisa

“The course was flooded a few years back and we had to let all our members know that it was unplayable. There was no point in sending an email as that may not be read for days. We ended up phoning all our most likely effected members. Following that incident, we decided to look at SMS as a medium for communicating quickly, mainly because of its instant impact and high open-rate.

The Connect98 platform suited all our requirements and even allowed us to capture the numbers of our ‘Pay & Play’ visitors. We now use it on a regular basis to advise of spare Tee times and Clubhouse events. We are very happy with the service they provide.”

Andrew Killing, General Manager,
Thorney Park Golf Club

“Connect98 has been extremely useful to us in keeping all my therapists busy throughout the day. We can determine when our advance bookings have dropped, and send out incentives to fill those slots. We also use the loyalty scheme rather than printing and stamping cards.”

Rumana Merali, Owner,
Rumiz Beauty Studio

“At Santa Pod we have been using texting and Connect98 for a long time. We are able to grow the size of our customer database when we interact with them on event days.

Between races we ask visitors to text us using ‘POD’ to 60163, followed by a record they would like to hear, or a Birthday/Anniversary they would like read out. With Connect98’s real-time monitoring our PA announcer is able to see these requests as they come in. We are also able to capture the mobile number and adding it to our database, we then have more people to market to for future events.”

Caroline Holden, Commercial Manager,
Santa Pod Drag Racing