Terms and Conditions for SMS Advertising

Services by Victoria Elliott
Last Updated:

May 12, 2025

These Terms and Conditions govern the use of SMS advertising services provided by Victoria Elliott ("Provider," "we," "us," or "our") to the client ("Client," "you," or "your"). By engaging our SMS advertising services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1. Service Description:

We will facilitate the sending of advertising and promotional messages via Short Message Service (SMS) to mobile phone numbers provided by you, the Client, in accordance with the terms outlined herein. The content, timing, and frequency of these messages will be determined through mutual agreement.

2. Client Obligations - Consent and Privacy:

Explicit Consent Required: You are solely responsible for obtaining clear, affirmative, and verifiable consent from each individual customer or client ("Recipient") before including their mobile phone number in any SMS advertising campaign managed by us. This consent must explicitly state that the Recipient agrees to receive promotional and marketing messages via SMS from your business.Record Keeping: You must maintain a record of each Recipient's consent, including the date, time, and method of consent. You agree to provide us with evidence of such consent upon our reasonable request.Opt-Out Mechanism: You are responsible for ensuring that all SMS messages sent through our services include a clear and easy-to-understand opt-out mechanism (e.g., "Reply STOP to unsubscribe"). You must promptly honor all opt-out requests.Privacy Compliance: You warrant that your collection, storage, and use of Recipient mobile phone numbers and any associated personal information comply with all applicable privacy laws and regulations, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada. You agree to indemnify and hold us harmless from any claims or liabilities arising from your failure to comply with such laws.

3. Content and Approval:

You are solely responsible for the content of all SMS messages. You warrant that the content is accurate, truthful, and compliant with all applicable laws and regulations, including advertising standards.We reserve the right to refuse to transmit any SMS message that we, in our sole discretion, deem inappropriate, unlawful, or in violation of these Terms and Conditions.You will have the opportunity to review and approve the content of each SMS message before it is sent.

4. Service Delivery and Limitations:

We will use commercially reasonable efforts to transmit SMS messages as instructed by you. However, we do not guarantee delivery of all messages due to factors beyond our control, including but not limited to mobile network issues, handset limitations, and incorrect phone numbers.Message delivery times may vary.

5. No Guarantee of Outcome:

You acknowledge and agree that the results and outcomes of SMS advertising campaigns facilitated by us are not guaranteed. Advertising effectiveness can vary significantly depending on numerous factors, including but not limited to the quality of your product or service, the relevance of the message to the Recipient, market conditions, and the Recipient's individual preferences.We make no representations or warranties regarding the number of leads, sales, conversions, or any other specific outcome you may achieve through our SMS advertising services. Past results are not indicative of future performance.

6. Fees and Payment:

Fees for our SMS advertising services will be as agreed upon in a separate agreement or pricing schedule.Payment terms will be outlined in the invoice.

7. Intellectual Property:

You retain all rights to the content of your SMS messages.We retain all rights to our SMS platform and related intellectual property.

8. Limitation of Liability:

To the maximum extent permitted by applicable law, our liability to you arising out of or in connection with these Terms and Conditions or our SMS advertising services shall be limited to the total fees paid by you to us for the specific SMS campaign in question.We shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including, without limitation, loss of profits, data, use, goodwill, or other economic advantage) arising out of or in connection with these Terms and Conditions or our SMS advertising services, even if we have been advised of the possibility of such damages.

9. Indemnification:

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:Your breach of these Terms and Conditions. Your failure to obtain valid consent from Recipients.The content of your SMS messages.Your violation of any applicable laws or regulations, including privacy and anti-spam laws.

10. Termination:

Either party may terminate these Terms and Conditions upon written notice if the other party materially breaches these Terms and Conditions and fails to cure such breach within thirty (30) days of receiving written notice.We may also terminate these Terms and Conditions immediately if we reasonably believe that your use of our services violates applicable laws or regulations.

11. Governing Law:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

12. Entire Agreement:

These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

13. Amendments:

We reserve the right to modify these Terms and Conditions at any time by posting the revised terms on our website or by providing you with written notice. Your continued use of our services after the effective date of any such modifications shall constitute your acceptance of the revised Terms and Conditions.

By proceeding with our SMS advertising services, you signify your acceptance of these Terms and Conditions. If you have any questions, please do not hesitate to contact us.

Victoria Elliott

www.victoria-elliott.com