Service Terms
TextingCard.com Terms and Conditions of Service:
TextingCard.com is a service mark of Playforward Designs. TextingCard.com agrees to provide services to Customer, subject to the following Terms and Conditions:
Free eCards: eCards are provided free of charge for Customer provided customer agrees to include advertising be placed alongside Customer’s eCard. Customer may not remove advertising from emails unless the entire eCard is removed from the email. Customer may pay to upgrade the eCard at any time to remove advertising.
Paid eCards Payment Terms: Payment for eCards are required before TextingCard.com will provide services to the customer. Set-up fees and fees for custom designs are nonrefundable. Hosting fees cover the following services: serving html and images from the TextingCard.com servers, and other optional services. Hosting payments are recurring and are paid via a subscription payment through our merchant account. Payments may be process under the name of Playforward Designs. If Customer cancels hosting, TextingCard.com will replace the Customer’s eCard with an TextingCard.com eCard. In this event, Customer has the option of using the TextingCard.com provided eCard or disabling the email signature in the Customer’s email client.
Support: Customer must have a current, paid hosting plan to receive phone, email, or website support from TextingCard.com. Free eCards do not include support, but support may be purchased separately.
Lawful Use: Customer may only use the TextingCard.com products, networks, computers, software and/or other services for lawful purposes. The Customer agrees to indemnify and hold the Company harmless in any claims resulting from the Customer’s use of the Company’s services which damages the Customer or another party. Any customer that doesn’t use their eCard lawfully will have instant account deactivation.
Early Cancellation of Service: Early cancellation of service by the Customer will not entitle Customer to a refund for previously purchased hosting service. However, if Customer wishes to move an eCard from one design to another, TextingCard.com will apply any residual hosting fees to this new account provided customer’s billing information remains the same and the customer pays for the new eCard set-up and design fees if applicable.
Warranty and Liability: Playforward Designs makes no warranties of any kind, whether expressed or implied, for fitness or merchantability of any services or products it supplies. Playforward Designs shall not be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages of any kind in connection with or arising from Playforward Designs furnishing or failing to furnish services, equipment, material or advice of any kind. Playforward Designs’ maximum liability regardless of the form of action taken shall not exceed the charges paid by the Customer. TextingCard.com provides it will do all in it’s power to provide suitable uptime for it’s service. If a customer feels that they are entitled to a refund for a month’s service for not obtaining a 99% uptime, they must fill out the uptime refund form documenting what times the eCard service was down. It’s up to the sole discretion of Playforward Designs if a refund is to be issued to the customer.
Copyrights and Trademarks: Customer represents to TextingCard.com and Playforward Designs and unconditionally guarantees that any elements of text, graphics, logos, photos, designs, trademarks, or other artwork used on the Customer’s eCard or website are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Playforward Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
Design Credit: Customer’s eCard will contain a link to the TextingCard.com website. Customer agrees that Customer’s eCard may be included in the Company’s portfolio. If Customer wishes to purchase a private label eCard, TextingCard.com will provide pricing details for this service. If the texting feature of the eCard is purchased, the website on which the texting form is placed will contain links and or images pertaining to TextingCard.com and/or Playforward Designs.
Breach of Agreement: Playforward Designs reserves the right to cancel accounts and terminate services if the Customer is found in breach of these Terms and Conditions of Service. Any breach in contract will not entitle the customer to a refund of any paid services.