Quickguide »
Terms & Conditions

1. Introduction.
This Agreement is a legal document which sets out your rights and obligations, and those of the Provider ("Provider", "we" or "us"), in relation to this site and the services offered by us through it ("ReachUmobile"). You must take the time to read and understand it before registering for ReachUmobile. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 25 below.

2. Obtaining an Account.
People who register for ReachUmobile establish an "Account", and become "Users". They must be legally entitled to contract for and use ReachUmobile. Where the User is a limited company, partnership or other entity (an “entity”), you undertake that:

  1. you are entitled to enter into this Agreement on behalf of the entity,
  2. the entity will be bound to this Agreement in the same way as you, and
  3. this Agreement will accordingly be enforceable both against you and the entity.

3. Credits and messages.
If you decide to become a User, you are agreeing to pay for messages sent through ReachUmobile by means of credits on your Account for which you pay us in advance (“Credits”). Details of Credits will be notified to you when you register for ReachUmobile and subsequently, in accordance with this Agreement. We will take payment from your relevant credit card, bank or other account to make payments for Credits.

Credits will be debited upon the submission through your Account of messages for transmission to a mobile network operator. Messages can be sent only to the mobile networks included in the list (our “Reach List”) which we make available to you when you purchase Credits. You will not be able to use Credits to send messages to mobile networks that do not appear on the Reach List, so please make sure that the numbers you wish to contact are on those networks. We may add mobile networks to the Reach List from time to time. Our current Reach List is at http://www.reachumobile.net/Portal/Public/Reach.aspx.

We also have technical specifications for the sending of messages that you must acquaint yourself with before purchasing Credits (our “Specifications”). All messages must be sent in accordance with the Specifications.

Please note: you should only purchase Credits that you are planning to use shortly after you purchase them. This is because Credits will usually expire if they are not used – see Clause 7 below. Also, you only have a limited right to repayment of the sums you pay for Credits if you cancel your Account – see Clause 8.

All amounts payable under this Agreement are exclusive of any Value Added Tax (or similar tax) that may be payable. You will pay all such tax at the rate and in the manner required by law.

In the event that any payment due under this Agreement is not paid on the due date for payment then we will be entitled to charge interest on the outstanding amount at the rate of three percent per annum over the then-current base rate of National Westminster Bank Plc from the date payment becomes due until payment in full. This interest will accrue daily.

4. Operation of Accounts. 
If there are no Credits in your Account, we reserve the right to close the Account without telling you in advance; however, we will notify you by email that this has occurred. 

Where you have paid-for Credits in your Account:

  1. they will be used for ReachUmobile services ordered under your Account, and the monetary value of them will set-off against any amounts payable by you under this Agreement; we will report monthly to you, showing how your Credits have been expended, but, to avoid doubt, reporting will not occur if your Account is inactive; and
  2. in the event that the Credits required to send messages requested through your Account are found to exceed the amount of Credits you hold (which may occur in the course of sending a group of messages), then we will be entitled to suspend provision of the relevant ReachUmobile service and/or sending the relevant messages until further payment has been received from you in an amount reasonably specified by us.

If we notify you that we are withdrawing ReachUmobile fully, then you will be entitled to, and will be provided with, a rebate of the amount you paid for the Credits outstanding in your Account at the time of the withdrawal.

5. Changes to the price of Credits. 
Because mobile operators reserve the ability to increase costs to us, please note that we reserve the right to increase the price to be paid for individual Credits by ten days notice to Users who have Credits in their Accounts. If you are notified of an increase and do not wish to be bound by it, then you must notify us of this fact, and request a refund within ten days after our notice to you. If you do not send such a notice, you will be deemed to accept the relevant increase, and your Credits will be scaled down automatically in proportion to the relevant increase (so that, by way of example, if there has been a 20% increase in the charges for a Credit, then 5 Credits will be required for sending the volume of messages for which 4 Credits were previously required). You will, of course, be able to purchase additional Credits to make up the difference.

6. Changes to Credit Value. 
In addition, and again because of changes made by mobile operators, we may need to change the number of Credits that are required to sent messages to users of a specific mobile operator’s network (the “Credit Value”). The Credit Values that apply to messages you send using ReachUmobile services are those specified when you send those messages (not at the time when you purchase the relevant Credit). Current Credit Values will be shown on our website at http://www.reachumobile.net/Portal/Public/Prices.aspx. If, between the date when you obtain Credits and use them, a mobile operator to which those Credits apply is affected by a change in Credit Value so that the Credit Value you have purchased is reduced, then you will be entitled to a refund of the amounts you paid to us for the affected Credits, provided you notify us within ten days of the relevant change in Credit Value. If you do not do so, your right to a refund for a change in Credit Value will be lost.

7. Expiry of Credits. 
Please note that Credits will expire 365 days after you purchase them if they have not been used by you.  In this event, any affected Credits will not be usable, and you will not be entitled to a refund of the price you paid for them.  Therefore, when you purchase Credits, please make sure that you will be in a position to use them within 365 days of purchase, because if you do not do so, you will lose the value of those Credits.

8. Cancelling Your Account. 
If the User is a “consumer” (that is, a natural person acting outside of his/her business in dealing with ReachUmobile), the you have the right to cancel your Account during the seven working day cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 from the time when you register for your Account (the “Statutory Cooling-Off Period”). If you have purchased Credits during the Statutory Cooling-Off Period, and exercise your right to cancel your Account during that period, then we will refund to you the amount you paid for those Credits. However, please note that you will not be entitled to any refund of Credits you have used during the Statutory Cooling-Off Period.

After the Statutory Cooling-Off Period, or where the User is not a consumer, if you cancel your Account within seven days of purchasing Credits in it, we will repay to you (by means of a recharge to your relevant credit card account or a credit to your relevant bank or other account) the amount you paid for those Credits, provided the amount exceeds 300 Euro after the deduction of our fee for the refund (which is 10% of the relevant amount). If the net amount is 300 Euro or less, then you will not be entitled to repayment of it, but will (subject to your other obligations under this Agreement) continue to be entitled to use the Credits for the sending of messages through ReachUmobile.

If you cancel your Account, or we cancel it for any reason, you remain responsible for paying sums incurred, and for otherwise performing your obligations, under this Agreement.

9. Registration.
You undertake to register for ReachUmobile using accurate and current information about yourself – including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for ReachUmobile, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated d/a>uring registration is controlled by you. That email contains simple instructions which you must follow.

10.Privacy policy.
The privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. The privacy policy can be found on http://www.reachumobile.net/Portal/Public/Privacy.aspx

11. Our Role.

  1. Provider will direct the messages you send through ReachUmobile as specified by you, and for this purpose will pass them to the relevant mobile operator’s network as soon as they have passed through our systems. Please note that the delivery of a message is dependent upon;

      i. the message being correctly addressed, and sent in accordance with our Specifications;
      ii. the recipient number for the message being on a mobile network included in our Reach List; and
      iii. the relevant mobile network operator delivering the message as-addressed,
    and we cannot be responsible for non-delivery that results from any failure to satisfy these requirements.
  2. If Provider is responsible for any failure to deliver messages sent in accordance with this Agreement, then, once we establish that we are responsible for the failure, we will upon request refund to your Account the Credits used to send the relevant messages. Should you wish to resend the messages, you will be responsible for arranging this. Please note that even if messages are properly sent, non-delivery may not necessarily result from a failure on our part - a proportion of non-delivery is to be expected when using mobile messaging services. You should assume that this kind of fault-free non-delivery may affect up to 2% of messages, on average; therefore, if this level of non-delivery is experienced, you should not expect that you will be entitled to a refund for it, or that we will take responsibility for it.
  3. From time to time, ReachUmobile may be unavailable for the sending of messages. Therefore, we cannot guarantee continuous access to ReachUmobile services. However, we will strive to ensure that the periods of unavailability, which you will be informed of when you access ReachUmobile at the relevant time, are kept to a minimum. You must not send messages during these periods.
  4. You, whether you are a User or not, acknowledge that we are not and cannot be responsible for the behaviour of the senders or recipients of messages, or for the content of those messages.

12. Changes by mobile network operators.
 ReachUmobile, and the terms and conditions which govern it, are subject to changes resulting from changes made by the relevant mobile network operator to the corresponding services provided by the network operator to Provider or the terms and conditions which govern those corresponding services. In the event that any such change is made which has any effect upon the rights and obligations of the parties under this Agreement, then:

  1. the change in question will automatically bind you; and
  2. we will use our reasonable endeavours to notify the relevant changes to you as soon as is reasonably practicable.

13. ReachUmobile Software. 
During the term of this Agreement, Provider licenses to you such use of the ReachUmobile Software and associated documentation (collectively, the “ReachUmobile Licensed Material”) as we make available to you solely for use of the ReachUmobile service. This licence is non-transferable, non-sublicensable, non-exclusive and royalty-free and shall be limited to the duration of this Agreement. The ReachUmobile Licensed Material may not be copied or distributed, or used for any purpose other than using ReachUmobile in accordance with this Agreement. You may not reverse engineer, decompile or disassemble any of the ReachUmobile Licensed Material, save to the extent expressly permitted by applicable law. We are not an internet service provider, nor a vendor of consumer software. In order to avail of ReachUmobile, you must have internet access and all the software (and skills) required for the use of ReachUmobile and the ReachUmobile Licensed Material via the internet.

14. Misuse of ReachUmobile. 
You will ensure that each message sent under your Account, as well as any activity (such as marketing) that relates to messages sent under your Account:

  1. does not infringe the rights of any third parties or any laws or regulations, including (in the European Union) the Data Protection Directive (95/46/EC), the Directive on Privacy and Electronic Communications (2002/58/EC), the Electronic Commerce Directive (00/31/EC) and the Distance Selling Directive (97/7/EC), and any national implementations thereof, in any country where any message is originated or delivered;
  2. accords with such reasonable instructions as we may from time to time notify to you;
  3. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
  4. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  5. does not contravene applicable law or regulation in any country where ReachUmobile is marketed or provided (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  6. does not have a detrimental effect upon the goodwill and good standing of any of the relevant mobile network operators;
  7. is not inappropriate for the recipient;
  8. is sent with the express consent of the recipient, and could not be considered to be unsolicited by or contrary to any option exercised by the recipient; and
  9. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information

In the event that any mobile network operator or regulator makes a charge, fine, penalty or debit against Provider, or any deduction from sums otherwise payable to Provider for one or more actual or alleged events the liability for which (if proven) would have arisen out of a breach of this Clause 14, then we will be entitled (1) to “freeze” your Account, and prevent the use of Credits held within it, (2) upon notice to you, to use the cash value of those Credits to pay all or part of the amount levied by the operator or regulator, and (3) otherwise to recover from you the amount thereof, plus any costs or expenses incurred by Provider in connection with the incurring of the liability or the relevant charge, fine, debit or deduction.

15. Contact from mobile network operators.
 If a mobile network operator, regulator or other relevant party contacts us in relation to any message sent under your Account, you agree to provide all reasonable information and assistance we may require in connection with responding to that contact.

16. Additional services.
We or our affiliates may offer new or additional services through ReachUmobile from time to time. Your use of those services may be subject to additional terms and conditions, and codes of conduct, which you must comply with. Provided that those terms or codes are notified to you on ReachUmobile in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms or codes governing those services will amount to a breach of this Agreement.

17. Operation of ReachUmobile services.
Provider reserves the right to withdraw or modify one or more aspects of ReachUmobile, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when ReachUmobile becomes inaccessible as a result of technical difficulties experienced by Provider or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of sums you have paid for Credits except as provided elsewhere in this Agreement. For security or other reasons, we may require you to change password or other information which facilitates access to ReachUmobile; however, we will never ask you for your password.

18Liability. 

  1. We warrant that ReachUmobile will be performed with reasonable care and skill with the intention of meeting our specifications for ReachUmobile, but, given the uncertainties associated with mobile telecommunications and related technologies, cannot and do not guarantee that ReachUmobile will meet your requirements, including (without limitation) as to the speed of delivery of any message.
  2. Provider shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
  3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
  4. Subject always to sub-Clause f. below, Provider shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Provider’s aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you first purchase Credits (each a “Year”), shall be limited to whichever is the greater of:

      i. £100 (one hundred pounds); or
      ii. the aggregate of the amount you have paid for Credits purchased by you during that Year (excluding those that are refunded to you by us).
  5. It is your responsibility to take out insurance against risks which exceed the amounts specified in sub-Clause d. above or are otherwise excluded from this Agreement.
  6. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

      i. for any loss of revenue, business, anticipated savings or profits, or
      ii. for any indirect, special or consequential loss damage, costs or other claims,

    howsoever caused or arising, whether through non-supply or late supply of the ReachUmobile service or other non-performance of this Agreement or otherwise.
  7. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
  8. For the avoidance of doubt, Provider will not have liability to you or any other person in respect of the content of messages, or any instructions supplied by you in relation to messages, including any which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or any other act or omission by you or through your Account.
  9. The provisions of this Clause 18 shall survive the termination or expiry of this Agreement.
19. Indemnity.
  1. Each party (“indemnifier”) shall respectively, as provided in
    i. and ii. below, indemnify the other party (“indemnified”) against all costs, claims, expenses and liabilities arising out of any action, demand, allegation or proceeding by any person or entity (including, without limitation, any regulator) based on:

      i. indemnification by Provider: an allegation that the use or possession by you of the ReachUmobile Licensed Material in accordance with Clause 13 above infringes the copyright or other intellectual property rights of any third party; or
      ii. indemnification by User: an allegation which, if proved, would show that a breach of Clause 14 above had occurred.
  2. Indemnification under sub-Clause a. above is conditional upon the indemnified:
      i. notifying the indemnifier promptly upon being notified or becoming aware of any matter which may be indemnifiable by the indemnifier under that sub-Clause;
      ii. giving to the indemnifier the entire control of the defence and settlement of such matter; provided the indemnifier gives to the indemnified upon request reasonable security for the conduct of the matter, in the absence of which the indemnified shall conduct the defence and settlement of the matter in accordance with reasonable instructions given by the indemnifier, subject to the instructions being given as promptly as the indemnified reasonably requires; and
      iii. providing to the indemnifier (at the indemnifier's expense) all reasonable assistance requested by indemnifier in connection with such defence and settlement, including (without limitation) by executing documents.

20. Suspension. 
Provider is entitled to suspend provision of ReachUmobile at any time if:

  1. Provider is entitled to terminate this Agreement;
  2. Provider is obliged or advised to comply with an order, instruction or request of the government, regulator, court or other competent authority;
  3. Provider has cause to believe in its reasonable opinion that you are in breach of any of its obligations under this Agreement;
  4. the services of one or more of the mobile network operators upon which the provision of ReachUmobile is dependent suspends its provision of those services to Provider;
  5. any payment due to Provider hereunder is outstanding after the due date for payment; or
  6. the circumstances in sub-Clause 4.b. apply.
21. Termination. 
This Agreement may be terminated by notice as follows:
  1. by either party in the event the other has failed to perform any material obligation required to be performed under this Agreement and such failure is not corrected within seven (7) days from receipt of written notice advising of such failure from the other party, which notice shall make reference to this Clause;
  2. by Provider, in the event that any modification to Provider's mobile network operator contracts or any change in any law, regulation or code of conduct makes the provision of ReachUmobile to you illegal, prohibitively difficult or contrary to law, regulation or code of conduct;
  3. by either party in the event that the other party (being a company) presents a petition or has a petition presented by a creditor for its winding up, convenes a meeting to pass a resolution for voluntary winding up or enters into liquidation (other than for the purposes of a bona fide reconstruction or amalgamation), enters into a voluntary arrangement with its creditors, has a receiver, administrative receiver or administrator of all or any of its undertakings or assets appointed, or is deemed by the relevant statutory provisions under the applicable law to be unable to pay its debts or (if an individual) presents or has presented against him a bankruptcy petition or (if a non UK national or corporation) shall suffer anything analogous to these matters to occur to him or it;
  4. by either party in the event that any payment due hereunder is not paid by the other party within 30 days following the date when it is required to be paid in accordance with this Agreement ;or
  5. by Provider on 90 days’ notice to the User in the event that we withdraw ReachUmobile from all or a relevant part of the market that it addresses, and you will be entitled upon request to a refund of the amounts you have paid for the outstanding Credits in your Account.

22. Matters Beyond Reasonable Control. 
Either party’s performance of any obligation under this Agreement, other than payment obligations, shall be excused to the extent that it is hindered, delayed or otherwise made impractical by:

  1. the acts or omissions of the other party or any mobile network operator;
  2. flood, fire, earthquake, strike or riot; or
  3. any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party.

23. Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of Provider assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

24. Entire Agreement.
This Agreement is intended to contain your entire agreement with us relating to ReachUmobile; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to ReachUmobile, except for any fraud or fraudulent representation by either of us. No oral explanation or oral information given by any party shall alter the interpretation of this Agreement. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

25. Changes to this Agreement.
Provider reserves the right to change this Agreement from time to time, and post the new version on ReachUmobile. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.ReachUmobile.net), and the new version of these terms and conditions will take effect, and will govern all ReachUmobile services and your relationship with us:

  1. commencing thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and (1) from that date you must cease to use ReachUmobile, and (2) if the User is a consumer, you will be entitled to a rebate of the amount you paid for the Credits outstanding in your Account at the time when you permanently cease use of ReachUmobile; or
  2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.

26. General.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. You and Provider are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

27. Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

28. Keeping this Agreement. 
We don’t separately file the individual Agreements entered into by members when they register for ReachUmobile. You can access it at www.ReachUmobile.net. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

29. Contact.
The Provider is Wireless Commerce Ltd, and our address is 1 Oliver’s Yard, 55-71 City Road, LONDON EC1Y 1HQ. We are a company registered in England and Wales under registration no. 3991828. Our VAT registration number is 756 3050 37 Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to sales@ReachUmobile.net, and we will send our notices to you at the email address you notify to use when you register as a User as changed subsequently in your Account details.

Version: 1.1.4322.2407: © 2005 ReachUmobile. All rights reserved. Contact | Privacy | Terms and Conditions