Terms and Conditions of the Promotional Trial

For the purposes of this engagement, the following terms shall bear these corresponding meaning(s) or interpretation(s):

·        “Date of activation” means the agreed future date on which the agreed services to conduct the Pilot Program are configured, implemented and ready to go live for the mutually agreed use-case;  

·        “Free Trial” or “Trial” means the limited use of Clickatell’s services by the Participant as per the awarded Pilot Program for the period specified in clause 3 and in accordance with the terms and conditions set out herein.  

·        “Participant” means the persons or businesses who are awarded the Free Trial of services by Clickatell at Clickatell’s discretion;

·        “Pilot Program” or “Program” means the limited use of an agreed use-case in line with those set out in the Promotional advertising to this Promotion and in line with the package limitations set out in 4.3 hereunder. For the sake of further clarity, it is noted that such shall include but is not necessarily solely the implementation of a basic “check-in”, “boarding pass” and/or “contact us” service on an agreed mobile chat channel.

1.  INTRODUCTION

1.1.   For the period between 15 and 30 November 2022, Clickatell will be giving Participant businesses the opportunity to be awarded a Free Trial of a Clickatell service, enabling them to engage with their customers via Clickatell’s SMS and Chat platforms, subject to certain limitations and for a limited time period.

1.2.   By participating in the Promotion you agree to the terms and conditions as set out herein, as amended by Clickatell from time to time, at Clickatell’s sole discretion.

1.3.   The final date for entry into the Promotion will be, Wednesday 30 November 2022.   

2.  ELIGIABILITY TO ENTER THE PROMOTION

2.1.   The Promotion allocation process is restricted to persons and businesses operating and based in the United States of America.

2.2.   The following person/s are expressly excluded from participating in the Promotion:

2.2.1.  a director, employee, agent of, or consultant to Clickatell or any other person who directly or indirectly controls or is controlled by Clickatell;

2.2.2.  a director, employee, agent of, or consultant to a supplier of goods or services in connection with the; and/or

2.2.3.  the spouses, life partners, business partners or immediate family members of the parties referred to in clauses 2.2.1 and 2.2.2 above.

2.3.   Random Participants will be selected by Clickatell’s marketing department for the allocation of a Free Trial service. All decisions in relation to the Promotion (including but not limited to, the amount of Participants, the awarding of the Program or the disqualification of any Participants) are that of Clickatell alone and solely within Clickatell’s discretion.

3.  DURATION OF THE FREE TRIAL

3.1.   The Free Trial will commence on Date of Activation and will endure for a period of 3 months.

3.2.   Clickatell reserves the right to revoke the Free Trial services with immediate effect should the Participant make use thereof in a manner outside of the agreed use-case, or in a manner that, in Clickatell’s sole discretion, is misleading or deceptive to recipients;

4.  SCOPE OF SERVICES

4.1.  The Participant(s) will be granted a limited, non-exclusive, non-transferable, non-assignable and revocable right to access and use the Program solely for business purposes and in accordance with the Master Legal Terms which are incorporated herein by reference.

4.2.  Clickatell reserves the right to limit the Pilot Programs available to the Participant(s) to the four options as mentioned on the promotional material for this Promotion (the Program).

4.3.  Clickatell may, at its sole discretion, amend or change the scope of the Program awarded to the Participant(s).

4.4.   The services which may be offered by Clickatell to implement the Program are:  

Note:   Not all components as listed in the image above are required to be deployed for Program’s success.

4.5.  The following services are expressly excluded from the Program:

4.5.1.  Conversational based pricing for WhatsApp. For more detail on conversational based services and pricing, please contact our Sales Team via www.clickatell.com

4.5.2.  Clickatell’s proprietary Chat2Pay product;

5.  CONTINUATION OF SERVICES

5.1.   After the Free Trial period, the Participant will no longer be able to access the services and all data provided to Clickatell for purposes of the Free Trial will be automatically deleted within 30 days of termination of the Free Trial period, unless the Participant signs up for a subsequent paid service offering from Clickatell (as envisaged in 5.2 below).  

5.2.   If the Participant elects to continue with paid services, either in accordance with the Program or in an expanded form, the Sales Team will engage with Participant to negotiate the terms of engagement for the relationship going forward. 

6.  LIMITATION OF LIABILITY

6.1.   The Participant agrees to indemnify, defend and hold harmless Clickatell and any of its contractors, agents, employees, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of the Participant’s use of the Free Trial or any associated product, including, but not limited to, any loss of data or content you might experience as a result of our discontinuation of the Free Trial for any reason.

6.2.   The Program is provided “as is” and without any undertaking on the part of Clickatell as to its suitability for the desired outcome of the Participant. In addition Clickatell shall bear no liability for any damages associated with the use of the Program, either direct or indirect damages, and the risk of use is borne solely by the Participant throughout the use thereof. Clickatell’s implementation shall be on a reasonable ‘best efforts’ standard and are in no way warranted as entirely fit for purpose, given that such Promotional Trial is not built bespoke for the Participant, but is intended as a demonstration of potential future service offerings.

7.  GENERAL

7.1.   By entering into the Promotion, the Participant consents to Clickatell processing the Participant’s personal information (including but not limited to your likeness and your company details) for promotional purposes in order to conduct the Promotion and execute the Program.  

7.2.  Clickatell reserves its right to terminate the Promotion for any reason and the right to amend these terms and conditions on reasonable notice to the Participants and will communicate such termination or amendments on Clickatell’s website and/or social media pages.

7.3.  The use of the phrase or term “free” throughout this promotion should not be construed as covering all potential costs. Certain costs may be unforeseen, in which instance the Trial will be terminated without penalty or recourse against either Party. The phrase is intended as a waiver of Clickatell’s standard costs for the implementation of such basic use-case service offering as supplied. The waiver of such costs for the Promotional period does not constitute a waiver of such costs in the event of the service offerings being continued after the end of the Promotional Period at the Participant’s specific request (in accordance with 5.2 hereof), in which instance implementation costs may be applicable to the ongoing services in line with the Agreement thereafter entered between Clickatell and the Participant for such future services.  

7.4.  In all instances in respect of this Promotion, the parties shall act in good faith and in a reasonable manner towards one another’s on-going business requirements. In the event of any disputes, such will be handled by senior management of both Parties, failing which the Trial will be terminated without penalty or recourse on the part of either Party.