Marketing Response Solutions, LLC/Solutions by Text, LLC
Marketing Response Solutions, LLC (MRS)/Solutions by Text, LLC (SBT) provides a turnkey, subscription web-based text message solution based on client text communication objectives and MRS Service capabilities. The Text Message Platform consists of the following:
- Launch real-time interactive text message campaign to include:
- Immediate reply to opt-in prospect builds client cell phone database
- Bulk outbound SMS Message Capabilities
- Complimentary software training for client to manage text message campaigns
- Complimentary software support during normal business hours (9:00 am – 5:00 pm M-F CST)
- Assistance with system setup to launch campaign
- Corporate access includes both master and division specific database
Such services and any other services provided by MRS to Client hereunder, the “Services.”
Our services are FREE to the recipient; MRS never charges the consumer to "receive" or "reply" to text messages. However, depending on mobile provider and individual rate plan, carrier's standard text message rates apply.
Client shall pay to MRS/SBT fees for services as set forth in this agreement, including all inbound/outbound messages related to this account. For the avoidance of doubt, Client acknowledges MRS/SBT provides bulk text credit options that require pre-payment. In addition, all messages are subject to carrier specific look up and surcharges. Client acknowledges MRS/SBT/MBT practices full disclosure of current and subsequent carrier look up and surcharges. MRS/SBT provides a quarterly update of the Carrier Surcharge Grid with notification of any changes. Furthermore, MRS/SBT/MBT issues a monthly and/or quarterly invoice of detailed
NSF Charges and Fees
If a Client's credit card and ACH account on file are declined due to insufficient funds, a $25.00 transaction fee will be charged to Client's account and billed monthly.
Recurring ACH Payments
To comply with NACHA compliance regulations, the Client is provided the amount of each cost
Recurring ACH payment dates based on the following:
Agreements executed between the 1st and 10th of the month = ACH payment will be processed on the 2nd of the following month.
Agreements executed between the 11th and 20th of the month = ACH payment will be processed on the 12th of the following month.
Agreements executed between the 21st and the end of the month = ACH payment will be processed on the 22nd of the following month.
Additional charges subject to fees based on Client agreed upon usage are as follows:
- MRS file upload processing - (fee-based on unique template ID. No combined files will be accepted). - $7.00 per file upload.
- Additional users - Each Client will receive up to 5 users during the life of the Agreement. In the event,
a Client requestsadditional users the following User license grid will be in effect:
- 6-25 user licenses - $18.00 ea./monthly
- 26-75 user licenses - $12.00 ea./monthly
- 76+ user licenses - $900.00/monthly
- Customer ID - $0.05 per data query
- Reverse look up - $0.15 per data query
- Additional DBA's - In the event the Client owns and operates multiple DBA's within their organization, each individual DBA constitutes an additional $50/mo. monthly recurring charge.
- Inbound MMS
- Account set up and activation Fee (one time) - $300.00
- License Fee - Monthly Inbound MMS fee - $300.00
- Inbound MMS image fee - $0.05 per data query
MRS/SBT offers additional consulting sessions for a negotiated fee plus reasonable travel expenses to/from
The above payment terms will remain in effect until either Party sends notice of cancellation (see cancellation terms). The Client at this moment agrees that funds will be made available for designated payment. For more information, please contact email@example.com. To revoke authorization for payment the Client must contact firstname.lastname@example.org at a minimum of three days before scheduled date of payment.
Effective December 1, 2016, MRS will transition all invoices, statements, addendums, and agreements from Marketing Response Solutions, LLC to Solutions by Text, LLC or Ministry by Text, LLC. All agreed upon stipulations from the original master agreement will not change. This exercise will be a phased roll-out and may or may not affect the Client on the effective date. For more information please contact us at email@example.com.
- By opting-in to the KEYWORD on your designated shortcode
- The client verifies and or revises customer agreements to reference use of SMS for customer communication and confirms opt-in via text.
- The client executes standard double authentication to document customer consent and possession of the device.
- Other mutually agreed upon method.
MRS provides industry required automatic HELP and STOP response options. A HELP command will return Client customer service details and restates opt-out instructions. A STOP command will immediately opt-out customer and return an automatic opt-out confirmation message with Client customer service phone number.
To receive help simply email us with detailed information concerning the help you need to firstname.lastname@example.org
Agreement Term/Termination/Billing Inquiries
The Terms of Service represent an agreement between Client and MRS for 12 months (Term) from the agreement execution date. The client can terminate the agreement at any time. MRS requires termination request in writing by certified mail to MRS corporate offices or by email to email@example.com (requires confirmation email reply from MRS) a minimum of 14 days before Client's annual renewal. MRS does not provide unused text credit refunds. If Client terminates this Agreement during any Term, Client shall pay MRS, as a stipulated, liquidated fee of (1) one month of license fees. (One additional month from which the cancellation is initiated by Client).
If termination rights are not exercised the Agreement will automatically renew for an additional 12-month Term, and subsequent Terms and all provisions of the initial Agreement apply.If you feel MRS has submitted an inaccurate billing statement, upon please email the details of your question to firstname.lastname@example.org.
The Terms of Service may at any time be revised or updated by MRS, provided that when MRS does so, MRS will provide updates to the Client. Notwithstanding anything herein to the contrary, Client may cancel this agreement upon 30 days prior written the notice of any material revision to the Terms of Service.
MRS is committed to your privacy on the Internet and supports the principals of disclosures and fair information practices.
When Client uses the Services, MRS collects, stores and processes information of Client and Client's customers including personal information such as the number the messages were sent to, the content of the messages, and other data necessary or useful to provide the Service to the Client. Such information, along with any other information regarding Client's use of the Services, including frequency of messaging, to whom messages are sent, the purpose of the messaging, and the content of all messages sent by Client are collectively referred herein as “Customer Information” and is confidential information of Client.
MRS acknowledges that Customer Information, including customers' telephone numbers, and the fact that the numbers may be associated with a loan with Client is non-public personal information that belongs to Client and its customers. Except as may be required by law, MRS agrees MRS will not disclose Customer Information to any third party. MRS further agrees that it shall not use any Customer Information except as expressly permitted hereunder. MRS acknowledges that its improper use or disclosure of Customer Information for purposes other than as contemplated by this agreement may involve the violation of federal and/or state privacy law. Accordingly, MRS shall maintain effective security mechanisms to ensure Customer Information is not disclosed to third parties, and that the Customer Information and the systems containing such information, do not violate applicable federal and/or state privacy laws nor permit access by third parties.
If disclosure of Customer Information is required by written order of a judicial, legislative, or administrative authority of competent jurisdiction, MRS must first notify Client in writing before the disclosure and shall cooperate with Client in limiting the scope of the proposed disclosure. The parties shall assist each other in taking all reasonable steps for obtaining further appropriate means of limiting the scope of the required disclosure of the Customer Information.
When Client uses the Service, our servers may automatically record certain information about Client use of the service, including information such as activity (e.g., number of visits), data displayed or clicked on and other information (including browser type, IP-address, date and time of access, cookie ID, and referrer URL).
MRS website may also contain feedback forms where feedback can be reported directly to our employees and contractors. Any and all information which is voluntarily submitted in such feedback forms is used for reviewing this feedback and improving the Services. We reserve the right to utilize this information for message purposes, for instance by displaying selected comments on its website or in other communications.
Customer recognizes that MRS has proprietary relationships with its Affiliates. Customer agrees not to circumvent MRS’ relationship with such Affiliates, or otherwise solicit, purchase, contract for or obtain services similar to the Services performed by MRS hereunder from any Affiliate that is known, or should reasonably be known, by Customer to have such a relationship with MRS, during the term of this Agreement and for six (6) months following termination or expiration of this Agreement. Notwithstanding the preceding, to the extent that Customer can show that any such Affiliate already provided such services to Customer before the Agreement date, then Customer shall not be prohibited from continuing such relationship. Customer agrees that monetary damages for its breach, or threatened breach, of this Section, will not be adequate and that MRS shall be entitled to (a) injunctive relief (including temporary and preliminary relief) without the requirement to post a bond; (b) liquidated damages from Customer in the amount equal to one hundred percent (100%) of the fees paid by Customer to the subject Affiliate for the prior twelve (12) month period; and/or (c) any and all other remedies available to MRS at law or in equity.
Compliance with Law
MRS agrees that it shall comply with all applicable law in providing the Services contemplated by this Agreement, including any applicable provisions of the Interagency Standards for Safeguarding Customer Information issued under the U.S. federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801 et
Governing Law and Waiver.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. The undersigned expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or the use of the MRS Services shall be filed only in the federal or state courts located in the State of Texas, County of Dallas and each further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such related claim or action. The foregoing notwithstanding, the parties agree that prior to filing any lawsuit, other than for (i) an injunction as specifically permitted hereunder to protect confidentiality of information or the protection of proprietary information, or (ii) as may be necessary to preserve the claim because of a statute of limitations running (and in such event, immediately after filing and prior to conducting any discovery), the parties shall mediate any arising dispute in good faith. To invoke this mandatory mediation, the complaining party shall submit
Warranties and Disclaimers
EXCEPT AS OTHERWISE AGREED HEREIN, MRS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE MRSDIRECT.COM SITE, AND DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE. THE QUALITY, INCLUDING THE SPEED, OF THE SERVICE, WILL VARY DUE TO PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND OUR NETWORK. WE ARE NOT RESPONSIBLE FOR ANY ACTS THAT ARE BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION THE ACTS OF THIRD PARTIES. IN THE EVENT YOU HAVE URGENT OR EMERGENCY MESSAGE YOU ARE TRYING TO SEND, WE STRONGLY RECOMMEND YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MRS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE MRS SERVICES OR ANY OTHER WEBSITE, EVEN IF MRS OR An MRS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CLIENT.
Restrictions on the use of the Services
You agree that each text messages you send are based on the express consent of the mobile phone owner and MRS is not responsible for the wireless carrier's standard text charges that may occur on the recipient's mobile account upon receiving the text message.
You may not use the Service in any manner intended to damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to any of the Service, through hacking or, password mining. We reserve the right to review materials sent through the Service and to refuse to send any message, in our sole discretion. We reserve the right to terminate your access to the Service at any time, without notice, for any reason whatsoever. Materials sent or received through the Service may be subject to limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you transmit such materials.
Client acknowledges all customers must receive an opt-in confirmation message before receiving subsequent messages. In the event a customer replies STOP to a message, Client understands MRS will prevent delivery of additional messages until customer executes an acceptable opt-in. Client further understands any attempt to deliver a message to a customer who has previously replied with a STOP command will incur a text credit depletion for the failed attempt.
Net of Taxes
Unless otherwise stated in the Rate Schedule, all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against Marketing Response Solutions, will be payable by Customer. Customer will not withhold any taxes from any amounts due to Marketing Response Solutions.
Client agrees to defend, indemnify, and hold harmless MRS and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services or (ii) your violation of any of these Terms of Service. MRS reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to defense by the Client, in which event the Client will cooperate with MRS and its counsel in the conduct of such defense.
MRS agrees to indemnify, defend, and hold harmless Client and its employees, officers, directors, contractors, agents, licensors and suppliers from and against any claims, demands, proceedings, legal actions, losses, fines, penalties, damages, costs or expenses (including, without limitation, reasonable attorneys' fees and related costs and expenses) that may be asserted related in any manner to MRS' failure to comply with the terms of this Agreement or with any federal, state, or local law or regulation. Client reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to defense by MRS, in which event the MRS will cooperate with Client and its counsel in the conduct of such defense.
The parties agree that the sections of this agreement entitled Confidentiality, Indemnity, Entire Agreement, Survival, and Forum and Choice of Law survive termination of this agreement.
For purposes of this Agreement, references to “customer” refer to both actual and potential customers and any other business contacts of Client. This agreement applies to current and future “Client” operations,
These Terms of Service constitute the entire agreement between the Client and MRS on the subject matter contained herein and supersedes any other agreement, proposals, and communications, written or oral, between MRS and the Client on the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, the parties agree that the remainder of the Terms of Service shall be enforceable.
Mobile Terms and Conditions
By opting-in, you are providing consent to use personal information to provide the services you requested, including services that display customized content and advertising. Your cellular provider’s Msg & Data Rates may apply to our confirmation and all subsequent SMS messages. You may opt-out and remove your SMS approval for additional messages by sending “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, “REMOVE”, “QUIT” or “STOPALL” to the SMS text message you have received. If you remove your SMS approval from our database, your number will no longer be used for secondary purposes, disclosed to third parties and used by us for third parties to send promotional correspondence to you.