Text Messaging Terms and Conditions

These Text Messaging Terms and Conditions (the “Text Messaging Terms”) are a supplement to the underlying Terms and Conditions and Order Confirmation (collectively, the "Terms," or this "Agreement," or the "User Agreement"). These Text Messaging Terms describe the terms and conditions by which BigLocal ("we", "our" or "BigLocal") offers a user (the "Customer", "User", "you", "your" or "subscriber") access to the text message advertising services described on its website located atwww.biglocal.com  (the "Text Messaging Service(s)").Customers who subscribe to both i) BigLocal’s Basic Services and ii) the Text Messaging Service described herein shall be subject to both the underlying Terms and Conditions which govern BigLocal’s Basic Services and these Text Messaging Terms. Nevertheless, these Text Messaging Terms shall not apply to Customers who subscribe only to BigLocal’s Basic Services.  In the event that specific terms are not addressed herein, Customer shall be bound by the underlying Terms and Conditions which govern BigLocal’s Basic Services.  BigLocal recommends that the Customer review the underlying Terms and Conditions prior to reviewing these Text Messaging Terms. 

1. Term & Availability

   The Text Messaging Services shall only be available to those Customers who are also simultaneous subscribers to BigLocal’s Basic Services. The term of the Text Messaging Services shall extend over a twelve month (12) period (the “Contract Term’).  Upon initiation of the twelve (12) month Contract Term for the Text Messaging Services described herein, Customer agrees to contemporaneously extend its Basic Services for one (1) year from the date of the initiation of the Text Messaging Services Contract Term so that the term of the Text Messaging Services hereunder and the Basic Services are co-terminous.  Upon expiration of the Contract Term, this Agreement shall automatically renew thereafter on a monthly basis without further action by the Customer (“Monthly Renewal(s)”) unless Customer gives written notice of non-renewal in accordance with Section 3 below. 

2. Payment

   The Text Messaging Services are complimentary to those Customers who subscribe to BigLocal’s Basic Services up to one hundred text messages (100) per month.  Each text message sent after one hundred (100) in any given month will be charged a fee of $0.10 per text message. 

3. Cancellation of Text Messaging Services

   Upon expiration of the Contract Term, Customer’s subscription to the Text Messaging Services shall automatically renew on a monthly basis unless Customer provides BigLocal with five (5) days prior written notice of its intent to cancel the Text Messaging Services.

   All cancellations must be in writing and sent by email to accountsreceivable@biglocal.com or by mail to the following address:

   Big Local, LLC

   Cancellation Department

   5202 W. Douglas Corrigan Way

   STE 350

   Salt Lake City, Utah 84116

   Cancellation requests must be received AT LEAST FIVE (5) DAYS prior to the end of the applicable Contract Term, or Monthly Renewal(s) in order to be effective. Cancellations will only be made effective if your account is current on payment. Upon cancellation of the Text Messaging Services, the Customer acknowledges that the keyword associated with the account shall be available for BigLocal’s use and may be reassigned accordingly in BigLocal’s sole discretion.

4. Lapse in Use of Text Messaging Services

   In the event that Customer does not use its keyword during the course of any three (3) month period for any reason, BigLocal reserves the right to reclaim said keyword and reintroduce it to BigLocal’s keyword pool.  Further, Customer acknowledges that in the aforementioned situation, BigLocal may, in its sole discretion, reuse such keyword by assigning it to another Customer.

5. Text Message Advertising Procedures.

   Customer shall comply with any and all of BigLocal’s terms, conditions, or policies in the use of the Text Messaging Services, including but not limited to:

1. Upon registration of the Text Messaging Services, Customer agrees that all text messages sent to potential clientele will be sent strictly on an opt-in basis.  If clientele has opted in to receive text messages, clientele must be able to choose to opt out at any point thereafter.

2. In every instance in which Customer advertises the keyword and/or short code to its potential clientele by means of any non-text message medium (including but not limited to any on-line and/or off-line channels), Customer must communicate to its potential clientele that “STANDARD TEXT MESSAGING RATES APPLY.” For more information, Customer should check its mobile phone service plan or visit its carrier's website.

3. In every instance in which Customer advertises to its potential clientele by use of a shortcode, Customer must send said advertisement to its entire cleintele base (i.e. every individual and/or entity which has opted in to the advertising campaign).

4. By using the Text Messaging Services, Customer agrees not to upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, or curtail the functionality of any computer software or hardware or telecommunications equipment associated with the Text Messaging Services. 

5. By using the Text Messaging Services, Customer agrees not to interfere with the servers or networks associated with the Text Messaging Services.

6. By using the Text Messaging Services, Customer agrees not to i) impersonate any other person or entity in the use of the Text Messaging Services, ii) conduct itself in a vulgar, inappropriate, harassing, or objectionable manner in the use of the Text Messaging Service, or iii) resell or export the software associated with the Text Messaging Service.

7. Customer agrees not to use the Text Messaging Services in certain situations where there may be a significant risk of accident, including but not limited to driving an automobile or other vehicle.

BigLocal reserves the right to update and/or supplement this Section 5 in its sole discretion as issues arise.

6. Intellectual Property Rights.

   Customer represents that it has all necessary rights to use the business name submitted with the Order and that the use of such name will not infringe upon the intellectual property rights of others.  Customer shall be solely liable for violations of this Section.  Moreover, Customer acknowledges that BigLocal retains any and all rights to any shortcode or keywords and any other materials of any nature used in the provision of the Text Messaging Services, even if such property was associated exclusively with Customer’s business during the term of this Agreement.

7. Use of Information

   Customer agrees that BigLocal is free to use any comments, information or ideas contained in any communication that Customer may transmit to BigLocal without compensation, acknowledgement or payment to Customer for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Text Messaging Services or other products or services.  Customer further acknowledges that BigLocal reserves the right to send text messages to individuals and/or entities that have opted into the campaign, together with their potential clientele.

8. Third Party Offers

   The Text Messaging Services may contain links to third party websites or other programs which may not be controlled by or affiliated with BigLocal. BigLocal is not responsible for the content, offers or privacy policies of such sites and programs, including Customer’s redemption of such offers or a merchant's refusal to honor any offer. Customer’s dealings with third party sites are solely between Customer and the applicable third party.

9. General Compliance with Laws.

   Customer shall comply with all applicable laws, statutes, ordinances and regulations in the use of the Text Messaging Services.  Moreover, Customer is responsible for the legality of the content of any and all text messages sent to its clientele base, together with the legality of the provision of any goods and services being advertised thereunder.  BigLocal reserves the right to terminate Customer’s Text Messaging Service immediately and without advance notice if BigLocal, in its sole discretion, believes that Customer has violated the terms of these Text Messaging Terms.  Upon such termination, Customer shall be responsible for the full month’s current charges which will immediately become due and payable.

10. Otherwise Bound

    Customer acknowledges and agrees that it is otherwise bound by all the terms and conditions of the underlying Terms and Conditions for BigLocal’s basic advertising package, including but not limited to provisions addressing Acceptance of Terms, Eligibility, Order Confirmation, Services, Cancellation, Fees, Limitation on Use of Services, Indemnity, Disclaimer, and any and all other General Provisions found therein.