DEFINITIONS

Company
Hardman Associates Limited ( 100% owners of Zaptext.com )

Components
Including but not limited to:

- Software resources:- including source and object code, pre-compiled libraries, software written by employees, agents, subcontractors, or business partners of the company,

- Hardware resources:- including but not limited to Personal Computers, workstations, servers (internet , database , telecommunication servers, back-up servers, image servers), and all ancillary equipment.

- Communication resources :- including , physical wire based telecommunications networks, satellite equipment, radio equipment, aerials, routers, hubs, power supplies,
Data Information held on permanent or semi-permanent storage devices, and transient data , such as text messages , e-mails , communication hand-shaking, protocols, and other binary based zero-mass data.

Third Party Components
Components for which the design and/or run-time functionality lies with a party other than the company. This includes, but is not limited to :
- Operating systems
- Server software
- Software Development Libraries
- Communications Networks or portions thereof
- Telecommunications equipment (including but not limited to mobile telephones, pocket PC's, and any other computing device which is able via hardware/software or a combination thereof to allow SMS or E-Mail message transmission , SMS or E-Mail message receipt, SMS or E-Mail message storage , or SMS or E-Mail message management)

Client
The client company whose legal representative has signed the service agreement , jointly with the company

User
The person using the Zaptext system, by way of logging in using authorized userid and password.

Service Agreement
The agreement signed by the client and a representative of the company, which defines the nature , scope , tenure, and constraints of the service which the company will make available to the client

Zapcapture
That collection of components, including but not limited to software, hardware, communications networks, or portions thereof, which render the ability for the client to accept registrations from third parties via the internet.

Message
Where not specifically defined, this can refer to any message sent using the Zaptext system, and includes SMS messages, Email messages, and any associated attachments, whether such messages are sent by user interaction for immediate transmission OR user interaction for forward scheduled transmission OR as message responses which may have been configured for the client, such as SMS messages, and Email messages which occur as the result of a third party having registered their details on a "Zapcapture" registration screen

TERMS & CONDITIONS

1.1.1 THIRD PARTY COMPONENTS
The company accepts no liability for the failure or fault of any third party components, which might materially affect the overall provision of the service.

1.1.2 FREEDOM TO CHANGE FUNCTIONALITY
The company reserves the right to alter functionality at will , where such alterations constitute either a justifiable improvement to functionality, or a material change to embrace changes in the overall operating context , such as a modification to a technical framework such as SMS messaging, or general internet and e-mail.

1.1.3 VARIATION IN UNDERLYING SMS CHARGES
Underlying SMS charges are subject to change by the Telephone company operators , SMS gateways, and SMS arbitrage agents. As such, Zaptext reserve the right to change SMS charges in response to underlying changes.

1.1.4 BACK-UPS
Whilst the company will take all reasonable steps to take a back-up of the client data, the company can not be held responsible for the failure of any mechanism or process which results in the data being lost. Further, the client should not rely on any data being held permanently by the company on their behalf. The company cannot be held responsible for the loss or corruption of such data.

1.1.5 MESSAGES MAY BE HELD
E-Mail and SMS messages are potentially held on one or more servers on a semi-permanent basis. The company will comply fully with the police and other governing authorities in the event of any enquiry as to message content and timing, and if necessary will pass on such details to the said authorities.

1.1.6 MESSAGE CONTENT
The content of the message (E-Mail and SMS), whether typed directly by the end user, or constructed via software is the sole responsibility of the client, and must abide by all applicable laws in the clients country, the recipients country, and the United Kingdom, and United States of America (where messages may be held and/or routed).

1.1.6 OWNERSHIP
The Zaptext web site , including all software , hardware, and communication components , and all data residing on any server or associated storage device, shall remain the property of the company.

1.1.7 INTELLECTUAL PROPERTY
All intellectual elements in relation to the zaptext website, including but not limited to, methods, techniques, processes, working practices, plans, documentation, design elements are 100% owned by the company.

1.1.8 RESPONSIBILITY TO DIVULGE
Any individual who is exposed to any element of intellectual property, whether by accidental discovery, system error, or any other means, is expressly forbidden from divulging any such knowledge to any other party, and is further required within one working day , to inform the company of such exposure.

1.1.9 TRANSIENT POWER
The company is expressly reliant on electricity suppliers providing a continuous supply of suitable electricity, at the correct voltages, power capacity , and spike suppression. Should any failure in the continuity or quality of the incoming electricity supply ensue, the company is not liable for any failures to provide the service, nor any data loss, nor any data corruption, nor any message corruption, nor any other effect whether physical or commercial.