Terms & Conditions

W2Wave is a trading name of W2Wave Limited, hereafter referred to as "W2Wave", "us", "our" or "we".

Charges

Our charges are in pounds sterling and exclude VAT, which will be applied at 15%. Specific charges for our range of services are available on request.

Payment

Your payment must be made by bank transfer. Payment is due 7 days after invoice date.

Invoicing

Invoices are generated and sent by email at the time of purchase. All invoices may be viewed online by accessing your online account.

Message Content

W2Wave processes messages on an automated basis. W2Wave is not responsible for the content of a message or its accuracy. W2Wave transmits messages in good faith and cannot be held responsible for the views or opinions of any message content.

Appropriate Usage of Service

Upon registration, you must provide correct information regarding your identity, address and organisation details. It is not permitted to use any of the W2Wave services for illegal or unreasonable activities. Customers who send threatening or demeaning messages will have their account closed. W2Wave does not permit SMS “spam” and will close the account of any person or organisation that engages in unsolicited bulk messaging. Deliberate misuse of the W2Wave service, including obtaining message credit by deceit, will cause the customer account to be closed immediately. In the event of closure of the account any outstanding monies will fall due immediately. If you have not followed the above guidelines, you agree to indemnify us against any costs or losses we may incur as a result of any claims or legal proceedings that are brought against or threatened against us by a third party.

Contracts and Governing Law

Under this agreement you agree to submit to the exclusive jurisdiction of the English and Welsh courts in respect of any dispute or matter arising out of or in connection with the service.

Security

Upon registration of your account we will issue you with a username and password which will give you secure access to the service. It is your responsibility to keep this information confidential and ensure that it is kept secure and not disclosed to an unauthorised person. If you believe that your username or password have been discovered or are being misused, you must contact us immediately. We may disable your account and change your password and then notify you.

Virtual Mobile Numbers

A virtual mobile number is rented on a twelve month basis. W2Wave reserve the right to replace a customer’s virtual mobile number under such circumstances as, for example, a network operator demands the return of a number or if the quality of the virtual mobile service is not as it should be.

Premium Rate SMS services

All premium rate SMS services provided by W2Wave cover the six UK networks only. These are Vodafone, O2, Orange, T-Mobile, 3 and Virgin Mobile. Premium rate SMS payment terms: All fees are payable in advance. Out-payments are available on request. Keywords are available subject to availability. Out-payments are only paid to you for messages successfully delivered and paid for by the mobile phone user, subject to any retention imposed by the network operator. Out-payments will be made once you have mailed an appropriate VAT invoice. Out-payments due to you are available on request. W2Wave reserve the right to change the out-payments without notice in response to mobile network operator charges. Out-payments will only be paid once the revenue has exceeded £100. Out-payments will only be paid if all out-standing invoices for W2Wave service have been settled.

Premium Rate SMS appropriate use of service

You must agree to conform to the relevant legislation associated with providing premium rate telecommunications services. For further information review the guidelines from the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS). See premium rate SMS section here.

Premium Rate SMS termination

The minimum contract rental period for premium rate SMS service is twelve months and thereafter in serving one months notice of termination.

Intellectual Property Rights

You acknowledge and agree that all intellectual property rights in the services and any associated software are vested and shall remain vested in W2Wave, or its suppliers, as appropriate.

Limitation of Liability

We shall not be liable to you in contract, tort (including negligence) or otherwise for any loss or damage arising from the consequences of viruses received by you via the Services or of our failure to provide the Services in accordance with theses Terms and Conditions; or any economic losses (including loss of business, contracts or profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses. We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us. Except for our liability for death or injury as a result of our negligence, any liability we may have to you in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of Services is limited to £100 in any 12 month period.

Force Majeure

We are not for any failure to provide our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

Data Protection and Privacy

W2Wave undertakes to comply with all applicable UK Data Protection legislation. We operate a privacy policy and reserve the right to publish the names and logos of our customers in our marketing material. We do not pass on your organisations details to others except where necessary for the purpose of credit checking and setting up continuous payment authority.

Termination

You may cease use of the W2Wave service at any time without notice, except for the premium SMS services. W2Wave reserves the right to suspend your services without notice in the event of inappropriate use of the service. In the event of non-payment of overdue invoices W2Wave reserves the right to suspend the service on serving 7 days notice via email. In the event of termination or suspension of service any monies owing become due immediately.

Variation

W2Wave reserves the right to vary the terms of this Agreement or the nature of the Service at any time. W2Wave will inform you of such changes through email, or such other medium, as W2Wave considers appropriate.

Notices

Any notices must be sent by receipted email or post as follows: To you at the address you give us or the email address given to us at registration. To us by email or post to the contact details below. In the case of notices sent by email, such notices shall have been deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall have been deemed to be received on the second business day after posting.