1. General
These terms are an agreement between you and Text Origins ("Text Origins", "we", "us"). They apply when you use textorigins.com, engage us for social media, brand or digital services, or use the Text Origins SMS Gateway. A signed proposal, service agreement or order form may add to these terms; if the two conflict, the signed document applies.
Some services are delivered with our partner Cyclomax International (Pvt) Ltd. Where that is the case, we will tell you which company is contracting with you for each part of the work.
2. Website use
You may use our website for lawful purposes only. You must not attempt to gain unauthorised access to any part of it, interfere with its operation, or copy its content for commercial use without our written permission. Content on the website is provided for general information and does not form part of any contract unless confirmed in writing.
3. Agency services
Scope. The scope, deliverables, timeline and fees for social media, brand correction, creative production, paid media and digital foundation work are set out in a written proposal or agreement. Work outside that scope is quoted separately.
Your responsibilities. You will give us timely access to the accounts, assets, approvals and information we need; ensure you have the rights to any material you provide; and appoint a contact authorised to approve work.
Approvals. Content is published only after your approval, unless you have authorised us in writing to publish within agreed guidelines. Once approved, you are responsible for the content's accuracy and legality.
Paid media. Advertising budgets are paid to the platforms and are separate from our fees. Platform results are not guaranteed.
No guaranteed outcomes. We work to agreed objectives and report honestly on results, but audience growth, engagement, rankings, leads or sales depend on many factors outside our control and are not guaranteed.
4. Intellectual property
You keep ownership of your brand, trademarks and any material you give us. On full payment, you own the final deliverables we create for you (for example logos, designs, videos and copy), excluding third-party assets such as licensed fonts, stock media or music, which remain subject to their own licences. We keep ownership of our methods, templates, tools and pre-existing work, and may show completed work in our portfolio unless you ask us in writing not to.
5. SMS Gateway
Account. You must provide accurate business details and keep your login and API credentials confidential. You are responsible for all messages sent through your account.
Sender ID. Sender IDs are subject to operator approval and must match your registered business or brand name. We may refuse or withdraw a sender ID that is misleading or infringes someone else's rights.
Delivery. We route messages directly to Sri Lankan mobile network operators and work to deliver them promptly, but delivery depends on operator networks, handset availability and factors outside our control. Delivery reports are provided as received from operators.
Credits. Prepaid SMS credits are non-refundable and non-transferable. Credits and plan terms are as published on our pricing page or agreed in writing. All applicable taxes are added.
Availability. We aim for high availability but may suspend the service for maintenance, security or operator requirements. Where possible we will give advance notice.
6. Acceptable Use Policy
You agree that messages sent through the Text Origins SMS Gateway will not:
- Be sent to anyone who has not consented to receive messages from you, or who has opted out.
- Contain content that is unlawful, fraudulent, defamatory, obscene, threatening, or that promotes illegal activity, gambling, adult content or unregulated financial schemes.
- Impersonate another person or business, or use a misleading sender ID.
- Be used for phishing, malware distribution, harassment or spam.
- Breach the rules of the Telecommunications Regulatory Commission of Sri Lanka, the mobile network operators, or any applicable law.
You must include a clear way to opt out in promotional messages and act on opt-out requests promptly. We may monitor traffic for compliance, block messages and suspend or terminate accounts that breach this policy without refund. You will indemnify us against claims, fines and costs arising from your breach.
7. Fees and payment
Fees are set out in our proposal, pricing page or agreement. Invoices are payable within the period stated on the invoice. Setup fees and monthly fees for SMS plans are payable in advance. We may charge interest on late payments, pause work or suspend services until overdue amounts are paid. All fees are exclusive of taxes unless stated otherwise.
8. Liability
To the extent permitted by law, we are not liable for indirect or consequential losses, loss of profit, loss of data or loss of business, however arising. Our total liability under any agreement is limited to the fees you paid us for the service concerned in the 12 months before the claim. Nothing in these terms limits liability that cannot be limited by law.
9. Termination
Either party may end an ongoing service agreement by giving the notice period stated in the agreement, or 30 days' written notice where none is stated. Fees for work done up to the end date remain payable. We may suspend or terminate immediately if you breach these terms, fail to pay, or use the SMS Gateway in breach of the Acceptable Use Policy. On termination we will return or delete your data in line with our Privacy Policy.
10. Governing law
These terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka. The courts of Colombo have exclusive jurisdiction over any dispute, after the parties have made a good-faith attempt to resolve it directly.
11. Contact
Text Origins, Colombo, Sri Lanka
Email: info@textorigins.com
Phone: +94 11 438 3554