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  2. SMS MMS Texting Terms os Service Agreement

SMART ALERTSSMS MMS TEXTINGTerms of Service AgreementUJATcare.com Inc.

Effective Date: January 15th, 2020

ABOUT THIS AGREEMENT, OUR SERVICES, AND YOUR RIGHTS

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISIONS THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

  1. 1 Defined terms & interpretation

    1. 1.1 Defined terms

      1. 1.1.1 In this agreement:

        Acceptable Use Policy means UJATcare.com’s Acceptable Use Policy (AUP) as published on the Website from time to time.

        Account means an online account used to access the Services.

        Account Balance means, for a given Account, the balance of UJATcare.com Credit for that Account.

        Additional Services means all Services other than Messaging Services provided by UJATcare.com to the Customer under this agreement.

        Application-To-Person (A2P) Messaging means high traffic SMS sent primarily by a business, organization, or entity through an application to communicate with end-users, usually in one-way communication.

        Business Day means any day except a Saturday, Sunday or any other day on which commercial banks in the State of California, USA are authorized or required by law to close.

        Business Hours means the period between 9.00am and 5.00pm on a Business Day.

        Sub Account has the meaning given to that term in clause 5.1 below.

        Sub Account Nominee means, in relation to a Sub Account, the person nominated by the relevant Customer to be the principal point of contact on the Sub Account.

        Claim means a claim, demand or proceeding arising out of a cause of action, including breach of contract, tort (including negligence) and any other common law, equitable or statutory cause of action.

        Commencement Date means the date that UJATcare.com notifies the Customer of UJATcare.com's acceptance of the Customer Request submitted by the Customer through the Website (whether such notification is by email, by onscreen confirmation of acceptance or otherwise).

        Complaints Handling Policy means UJATcare.com’s dispute resolution and complaints handling policy as published on the Website from time to time.

        Confidential Information of a Disclosing Party means:

        1. the following information, regardless of its form and whether the Receiving Party becomes aware of it before or after the date of this agreement;

          1. information that is by its nature confidential;
          2. information that is designated by the Disclosing Party as confidential; and
          3. information the Receiving Party knows, or ought to know, is confidential;

        2. all notes and other records prepared by the Receiving Party based on or incorporating information referred to in paragraph (a); and

        3. all copies of the information, notes and other records referred to in paragraphs (a) and (b), but excludes information that:

        4. the Receiving Party creates (whether alone or jointly with any third person) independently of the Disclosing Party; or

        5. is public knowledge (otherwise than as a result of a breach of confidentiality by the Receiving Party or any of its permitted discloses).

        CTIA Messaging Principles means:

        1. the CTIA Messaging Principles and Best Practices, dated as of July, 2019, as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association; or

        2. any other similar documents or guidelines promulgated from time to time by the CTIA The Wireless Association.

        Customer Data means data and information relating to the Customer and its operations, facilities, personnel, assets, products, sales and transactions (including information relating to the Customer’s Message Recipients).

        Customer Request means the online application form completed by the Customer on the Website and submitted to UJATcare.com when establishing an Account.

        Customer’s Primary Account means the Account established under this agreement which is determined by UJATcare.com from time to time to be the Customer’s primary account.

        Damages means all liabilities, losses, damages, costs and expenses (including all legal costs determined on a solicitor and own client basis) whether incurred or awarded against a party, disbursements, costs of investigation, litigation, settlement and judgment, and interest, fines and penalties, regardless of the Claim under which they arise.

        Direct Debit Request Form means the direct debit request form available on the Website from time to time.

        Direct Debit Transaction has the meaning given to that term in clause 8.

        Disclosing Party means a party who discloses or makes available Confidential Information to a Receiving Party.

        Estimator Tool means the functionality provided on the Website where a Customer may estimate the anticipated Fee for particular Services.

        External Factors means things outside our control will have an impact that can be positive or negative, but we cannot control. Fee means all fee, charge and other amount payable by the Customer to UJATcare.com under this agreement.

        Force Majeure means:

        1. act of God, lightning, storm, flood, fire, earthquake, explosion cyclone, tidal wave, landslide or adverse weather conditions;

        2. act of public enemy, war (declared or undeclared), act of terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic;

        3. the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;

        4. embargo, power or water shortage or lack of transportation;

        5. any External Factors; or

        6. any other event beyond the reasonable control of a party.

        Governmental Agency means any governmental, semi-governmental or judicial entity or authority.

        Harmful Code means any virus, worm, trojan horse, trapdoor, software switch, time bomb, slicing routine, corruptive code, logic bomb, disabling code, disabling routine or expiration dates as these words are generally understood within the technology industry and any equivalent or similar corruptive mechanism.

        Intellectual Property Rights means all intellectual property rights, including:

        1. patents, copyright, rights in circuit layouts, designs, registered designs, trade and service marks, trade names and any right to have confidential information kept confidential;

        2. any application or right to apply for registration of any of the rights referred to in paragraph (a); and

        3. all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist anywhere in the world (including the USA).

        Laws means:

        1. the common law and equity;

        2. any statute, regulation, by-law, ordinance or subordinate legislation (including any data protection laws, privacy laws, any laws that requires you to obtain consent from an End User or provide notice to an End User in connection with such End User’s use of each Customer Application)

        3. any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA); or

        4. any license, permit, authorization, accreditation, code of practice, code of conduct, order, direction or other requirements which is enforceable against the Customer or UJATcare.com (as the case may be) or which is issued under any other legal instrument, and includes any amendment, change, update or replacement to any of them that may be implemented or take effect during the term of this agreement.

        Message means any electronic message (including, SMS and MMS messages), (including the data, information, text, media, images, features, advertisements, promotions, links, pointers and other content comprised in those messages) transmitted or received (via the Customer’s Primary Account or a related Sub Account) through the UJATcare.com Systems.

        Message Cost means the cost to the Customer of submitting a Message for sending to the UJATcare.com Systems, as determined from time to time in accordance with clause 6.1.

        Messaging Services means the messaging and related services provided to the Customer by UJATcare.com via the Website and the provision to the Customer of access to the Web Tools (including the facility for the Customer to submit Messages for sending through the UJATcare.com Systems). Message Recipient means, in relation to a Message, the Customer’s intended recipient of that Message.

        Message Recipient means, in relation to a Message, the Customer’s intended recipient of that Message.

        MMS means Multimedia Messaging Service.

        Opt-In means the end-user provides consent to receiving messages from the Customer.

        Opt-Out means the end-user revokes consent to receiving messages from the Customer.

        Person-To-Person (P2P) Messaging means an individual person who subscribes to specific wireless messaging services or messaging applications in two-way communication.

        Personal Information means any information or opinion about a natural person (whether true or not), including 'personal information' as that term is defined in the Privacy Act, which either party collects or has access to, stores or discloses, or otherwise handles, in the course of performing, or receiving the benefit of, the Services.

        Personnel means, in relation to a party, officers, employees, agents and contractors, including representatives of that party and its Related Corporations.

        Privacy Act means the Privacy Act of 1974, 5 U.S.C. § 552a.

        Privacy Laws means:

        1. the Privacy Act, Telemarketing Sales Rule and the Do Not Call Implementation Act of 2003, and the Spam Act 2003 (Cth);

        2. all codes, guidelines, service standards and procedures issued by a Governmental Agency; and

        3. all other laws, rules and regulation in any relevant jurisdiction (including the USA), to the extent they relate to the privacy, protection, use or disclosure of Personal Information or data.

        Privacy Policy means UJATcare.com’s privacy policy as published on the Website from time to time.

        Program means an SMS-based one-way or two-way conversation that an end-user Opts In to receive.

        Receiving Party means a party to this agreement who obtains Confidential Information of the other party to this agreement.

        Related Corporation has the same meaning as “related body corporate” in the Securities Act of (1933) and the Securities and Exchange Act (1934).

        Services has the meaning given to that term in clause 2.2.

        Short Code means a 5- or 6-digit number that represents the originating or terminating end of an SMS conversation, exclusively used as A2P within the USA.

        1. Dedicated Short Code means a private Short Code allocated exclusively to one account, whether it be used by a business, organization or entity.

        UJATcare.com Credit means an amount, represented in units of an Acceptable Currency, that may be used as consideration for Services provided in the future.

        UJATcare.com Pre-Existing IPR means any Intellectual Property Rights owned and created by UJATcare.com prior to the Commencement Date (together with any improvements, modifications and enhancements made to those rights during the term of this agreement).

        UJATcare.com Systems means all hardware, software, materials and resources used by (or on behalf of) UJATcare.com to provide the Services (and includes the Web Tools).

        Spam, Junk-Messages or Unsolicited Messages (UM) means the sending of the same, or substantially similar, unsolicited SMS messages, to more than one recipient.

        Standard Long Code means a standard local phone number that can send and receive SMS, usually containing ten digits.

        Supplier means a mobile network operator or an aggregator whose services or infrastructure directly or indirectly receive a Message submitted by the Customer via the UJATcare.com Systems for sending to the relevant Message Recipient.

        Telephone Consumer Protection Act (TCPA) means the governing telecommunications act protecting consumers from the like of Spam, Junk-Messages or Unsolicited Messages (UM), etc.

        Ten-Digit Long Code (TDLC) means commercial Long Code used for A2P messaging.

        Toll-Free Long Code means a toll-free phone number that supports both voice and text communication, typically used for A2P messaging.

        Website means the UJATcare.com website located at www.ujatcare.com (or any successor website as notified to the Customer from time to time).

        Web Tools means:

        1. the UJATcare.com SMART ALERTS TEXTING portal (or any related platform);

        2. UJATcare.com’s application programming interfaces; and

        3. any other tools specifically made available to the Customer by UJATcare.com to enable the Customer to receive the benefit of the Services.

    2. 1.1.2 Interpretation

      1. In this agreement, unless the contrary intention appears:

      2. headings are for ease of reference only and do not affect the meaning of this agreement;

      3. the singular includes the plural and vice versa and words importing a gender include other genders;

      4. other grammatical forms of defined words or expressions have corresponding meanings;

      5. a reference to a clause, paragraph, schedule or attachment is a reference to a clause or paragraph of or schedule or attachment to this agreement and a reference to this agreement includes any schedules and attachments;

      6. a reference to a document or agreement, including this agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;

      7. a reference to a party includes its executors, administrators, successors and permitted assigns;

      8. the meaning of general words is not limited by specific examples introduced by 'including', 'for example', or similar expressions;

      9. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

      10. any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

      11. words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and

      12. a reference to any statute or other legislation is to a statute or other legislation as amended or replaced from time to time.

  2. 2 Services

    1. 2.1 Performance of the Services

      UJATcare.com will:

      1. provide the Services to the Customer in accordance with this agreement; and

      2. permit the Customer to access and use the Web Tools for the purposes of receiving the benefit of the Services,

      on and from the Commencement Date until such time as the agreement is terminated in accordance with its terms.

    2. 2.2 Services

      1. Services means initially, the Messaging Services and any such other Additional Services as agreed between UJATcare.com and the Customer (where such agreement shall be evidenced by the Customer purchasing such Services using the Web Tools) from time to time.

      2. For the avoidance of doubt:

        1. When you use the UJATcare.com Systems to transmit a Message, the Message may flow through the systems of several Suppliers (together, the Supplier Chain) before actually being delivered to the Message Recipient’s handset or otherwise.

        2. If the Supplier Chain includes one or more Suppliers, your Message is considered to be delivered by UJATcare.com once it has been transmitted from the UJATcare.com Systems to the first Supplier in the Supplier Chain in a form and a manner that allows that Supplier to deliver the Message to the next Supplier in the Supplier Chain or to the Message Recipient (as the case may be).

        3. Actual delivery of a Message to the Message Recipient is dependent on the effective functioning of the Suppliers’ infrastructure, network coverage and the Message Recipient's mobile handset.

        4. You acknowledge, understand and agree that if the Supplier Chain includes one or more Suppliers, the Services do not include the actual delivery of a Message to the intended Message Recipient and UJATcare.com does not accept responsibility for any failure of, or delay in, the delivery of a Message to a Message Recipient provided that UJATcare.com has delivered the relevant Message to the first Supplier in the Supplier Chain in a form and a manner that allows that Supplier to deliver the Message to the next Supplier in the Supplier Chain or to the Message Recipient (as the case may be).

        5. If the Supplier Chain does not include any Suppliers, UJATcare.com’s responsibility for any failure of, or delay in, the delivery of a Message to a Message Recipient is limited in accordance with this agreement.

    3. 2.3 Access to the Web Tools

      The Customer must:

      1. at the Customer’s cost, provide appropriate access devices, software, operating conditions, cabling, telephone lines, modems and internet connections required for it to access the Web Tools and otherwise receive the benefit of the Services;

      2. ensure that no unauthorized use is made of the Web Tools, whether through the Customer’s Primary Account or any Sub Account;

      3. comply with all of UJATcare.com's operating and security requirements and procedures relating to:

        1. access to the Web Tools; and

        2. the use of the Services,

          (including in respect of passwords and other security information) as displayed on the Website or otherwise notified to the Customer from time to time;

        3. other than as expressly permitted under this agreement, not obtain (nor attempt to obtain) any access to, or interfere with:

        4. any programs or data of UJATcare.com, a Supplier or any other client of UJATcare.com; or

        5. any part of the UJATcare.com Systems or any Supplier's systems, hardware, software or networks of a Supplier; and

        6. not introduce any Harmful Code into the UJATcare.com Systems or the systems, hardware, software or networks of any Supplier.

      4. If the Customer becomes aware of or suspects that a breach of any of the obligations set out in here has occurred, the Customer must promptly notify UJATcare.com, in which case UJATcare.com may take such action as it considers appropriate (which may include changing the Customer's passwords and other security information).

    4. 2.4 Continuity of Services & Suspension

      1. Notwithstanding anything else in this agreement, UJATcare.com does not undertake, warrant or guarantee that the Services (including access to the Web Tools or other UJATcare.com Systems) will be uninterrupted, continuous or error-free.

      2. The Customer acknowledges and agrees that the Customer's use of the Services is dependent on, and affected by, a number of environmental and other factors outside of the reasonable control of UJATcare.com, including the systems hardware and software of any services provided by Suppliers ( External Factors). UJATcare.com will have no liability whatsoever relating to any failure of, or interruption in the performance of, the Services resulting from any External Factors. In the event of failure of the Services, UJATcare.com will use reasonable commercial endeavors to restore the Services to an operational state with the minimum practicable delay.

      3. The Customer acknowledges that, from time to time:

        1. UJATcare.com will conduct routine and other maintenance on the Website and the UJATcare.com Systems; and

        2. the Suppliers will conduct routine and other maintenance on their respective systems, hardware, software and networks, and the Customer agrees that, during the conduct of such maintenance, the Customer may not be able to access or use the Services.

      4. The Customer acknowledges and agrees that UJATcare.com may, in its sole discretion and to the maximum extent allowed by Law, suspend the Services (including the Customer's access to the Web Tools) in any of the following circumstances:

        1. UJATcare.com wishes to repair, improve, and/or upgrade the underlying technology of the UJATcare.com Systems;

        2. UJATcare.com's access to any system, software, hardware or network of any Supplier is suspended for any reason;

        3. UJATcare.com is required to do so by any Governmental Agency or Supplier; or

        4. for any other justifiable reason, including but not limited to, circumstances where the Customer (or the Customer’s Sub Account Nominees) in UJATcare.com’s opinion are in breach of this agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

  3. 3 Customer's obligations

    1. 3.1 Customer’s Primary Account

      The Customer:

      1. warrants that all information provided in the Customer Request and any other information provided to UJATcare.com in the course of using the UJATcare.com Systems is complete and accurate;

      2. must keep the Customer’s Primary Account information current and accurate; and

      3. must keep all of the Customer’s Primary Account information (including the Customer’s password and account name) confidential and secure.

    2. 3.2 Licenses and compliance

      The Customer must:

      1. obtain and maintain throughout the term of this agreement all relevant licenses, approvals, permits and certificates:

        1. required in respect of delivery of the Messages; and

        2. otherwise required in order to receive the benefit of the Services;

      2. comply with all applicable Laws and industry codes and practices; and

      3. comply with UJATcare.com’s directions, policies and procedures relating to the use of the UJATcare.com Systems and the delivery of the Services.

    3. 3.3 Use of Services

      The Customer must not use the Services, nor permit the Services to be used:

      1. for sending any communication or Message which:

        1. is defamatory, abusive or of a vulgar, obscene or menacing nature;

        2. is false, inaccurate, misleading or unlawful;

        3. is invasive of a person’s privacy;

        4. is hateful or racially, ethnically, or otherwise objectionable; or

        5. UJATcare.com determines to be otherwise offensive or inappropriate;

      2. for the persistent sending of Messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;

      3. in a way that contravenes:

        1. any applicable Law (including the Privacy Laws) or industry code or practice; or

        2. any other rules or guidelines posted on the Website or otherwise notified to the Customer by UJATcare.com from time to time;

      4. in any way that may have a detrimental effect on the goodwill or good standing of UJATcare.com or any Supplier;

      5. in a way that may expose UJATcare.com or any Supplier to the risk of any legal or administrative action including prosecution under any Laws;

        1. to transmit any communication or Messages that may harm a minor in any way;

        2. to send unsolicited electronic commercial messages where the recipient has not consented to receive such messages;

        3. to interfere with or disrupt UJATcare.com’s business, or the services, hardware, software or networks of any Supplier;

        4. in a way that would infringe any person’s Intellectual Property Rights or other rights; or

      6. in any other way that contravenes the requirements of any Supplier as notified to the Customer from time to time (which notification may be given by email, sms text, or by posting a notice on the Website to that effect).

      Summary Terms and Conditions: I confirm that I hold the account corresponding to the mobile phone number I have entered, or that I have the account holder’s permission to use this service. By sending a text message with the keyword ALERTS, you acknowledge that you agree to terms of service and are subscribed until you send STOP to UJATcare.com News & Updates Alerts subscription service provided by UJATcare.com with these carriers : Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, MetroPCS, Sprint, T-Mobile, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless but is not compatible with all handsets. Carriers are not liable for delayed or undelivered messages.

    4. 3.4 Acceptable Use Policy

      1. Without limitation, the Customer shall comply at all times with UJATcare.com’s Acceptable Use Policy.

      2. Where UJATcare.com makes an amendment to the Acceptable Use Policy, it shall have immediate effect following the amendment first being published on the Website.

    5. 3.5 Responsibility for Messages

      1. The Customer:

        1. is solely responsible for all Messages (whether submitted or submitted on the Customer’s own behalf or on behalf of a third party);

        2. must inform UJATcare.com as soon as possible if the Customer suspects or becomes aware of any unauthorized use of the Customer’s Primary Account or any related Sub Account; and

        3. acknowledges and agrees that UJATcare.com has no editorial control over the Messages and is under no obligation to review, moderate, amend or modify the Messages as part of the Services.

      2. The Customer acknowledges and agrees that, notwithstanding other sections in this agreement, UJATcare.com and the Suppliers may, in their absolute discretion, monitor the Messages transmitted using the UJATcare.com Systems.

      3. The Customer must bear all costs arising out of any complaints made in connection with the Messages (including complaints made by any Governmental Agency).

    6. 3.6 Volumes and forecasting

      The Customer must:

      1. on request by UJATcare.com from time to time, provide UJATcare.com with volume forecasts for the use of the Services and such other information that UJATcare.com may reasonably request concerning the Customer's use of the Services; and

      2. provide UJATcare.com with revised volume forecasts for its use of the Services if the Customer anticipates, from time to time, that there is likely to be a significant increase or decrease in its use of the Services.

  4. 4 Variation to this agreement

    1. UJATcare.com reserves the right to modify this agreement at any time.

    2. By using the Services, the Customer agrees that UJATcare.com may provide it with notice of a change to this agreement by publishing the amended agreement on the Website. Such notice will be effective and binding on the Customer from the date that the amended agreement is first published on the Website.

    3. The Customer must regularly check the Website to ensure that it is complying with the most current version of this agreement.

    4. UJATcare.com will use its best endeavors to update the version reference at the head of this agreement following any amendments to its terms in accordance with this clause 4.

    5. Notice Method for Changes to This Agreement. We may deliver any notice concerning our relationship with you, including notice of any change to this Agreement, in any one or more of the following ways, as determined in our discretion: (1) by posting it on www.ujatcare.com or any other website about which you have been notified; (2) by mail or hand delivery to your Premises; (3) by e-mail to the address for your account in our records; or (4) by including it on or with your bill for Service(s). You agree that any one of the foregoing will constitute sufficient and effective notice under this Agreement. Because we may from time to time notify you about important information regarding the Service(s) and this Agreement by these methods, you agree it is your responsibility to regularly check your postal mail, e-mail and all postings at www.ujatcare.com or any other website about which you have been notified. If you find any change to this Agreement to be unacceptable, you have the right to cancel your Service(s). Your continued receipt of the Service(s) for more than 30 days after we deliver notice of the change, however, will constitute your acceptance of the change.

  5. 5 Sub Accounts

    1. 5.1 Sub Accounts

      1. Upon being requested to do so by the Customer in the manner designated by the UJATcare.com Systems, UJATcare.com may, in its absolute discretion, create one or more Accounts (each a Sub Account) that are linked to the Customer’s Primary Account.

      2. The existence of a Sub Account does not of itself create a separate agreement for Services between UJATcare.com and the Sub Account Nominee and this agreement shall apply to all Services provided in respect of the Customer’s Primary Account and any related Sub Account.

    2. 5.2 Responsibility for Sub Accounts

      Unless UJATcare.com expressly agrees in writing otherwise, the Customer is responsible in all respects for a Sub Account (including the indemnity in favor of UJATcare.com in clause 18 in respect of all Fees and other costs and expenses attributable to that Sub Account) as if it were the Customer’s Primary Account under this agreement.

    3. 5.3 Suspending Sub Accounts

      UJATcare.com may, in its absolute discretion, suspend any Sub Account created by the Customer without notice.

    4. 5.4 Stand Alone Sub Accounts

      UJATcare.com reserves the right to require that a Sub Account Nominee enter into a separate agreement for Services. In such case, a separate online Customer Request must be submitted by the Sub Account Nominee with UJATcare.com. Any Account resulting from the separate online Customer Request (a Stand Alone Sub Account) will not be regarded as a Sub Account of the Customer for the purpose of this agreement.

    5. 5.5 Customer’s guarantee & indemnity in respect of each Stand-Alone Sub Account

      Unless UJATcare.com expressly agrees in writing that this clause 5.5 does not apply, the Customer:

      1. unconditionally guarantees to UJATcare.com the punctual observance and performance by each of its Stand Alone Sub Account holders of their respective obligations to UJATcare.com arising under their respective agreement in relation to the Services; and

      2. indemnifies UJATcare.com and its Personnel (those indemnified), and will hold those indemnified harmless, against all Damages suffered or incurred by any or all of those indemnified arising, directly or indirectly, out of or in connection with:

        1. a breach by a Stand Alone Sub Account holder of its agreement with UJATcare.com for the Services;

        2. any negligent or fraudulent act, error or omission by a Stand Alone Sub Account holders, its personnel, agents or Message Recipients;

        3. loss of or damage to any property or injury to or death of any person caused by any act or omission by a Stand Alone Sub Account holder, a Stand Alone Sub Account holder’s personnel, agents, or Message Recipients; or

        4. any Claim by a third party (including any Supplier or Message Recipient) against UJATcare.com relating to the Services or the subject matter of the UJATcare.com’s agreement with a Stand Alone Sub Account holder.

  6. 6 Message Costs and Message Costs Estimator

    1. 6.1 Applicable Message Costs

      1. The Message Costs charged by UJATcare.com to the Customer will be those prices indicated to the Customer at the time of making the relevant purchase of Messaging Services using the UJATcare.com Systems.

      2. The Customer acknowledges that UJATcare.com may offer different pricing for Messages Services to different Customers based on membership or other categories from time to time.

      3. Message frequency varies. Message and data rates may apply and can change depending on message destination.

    2. 6.2 Additional Services

      Any Additional Services purchased by the Customer will be charged at the price shown to the Customer at the time of making the purchase using the UJATcare.com Systems.

    3. 6.3 Use of the Estimator Tool

      The Customer acknowledges and agrees that:

      1. the Estimator Tool is provided for illustrative purposes only;

      2. an amount calculated from time to time using the Estimator Tool does not constitute a quote or an offer capable of acceptance by the Customer; and

      3. the pricing of Messages will ultimately be determined in the manner set out in clauses 6.1 and 6.2.

  7. 7 Pre-payment and charging

    1. 7.1 Basis for charging

      The Customer agrees that:

      1. amounts paid by a Customer to UJATcare.com constitutes a purchase by the Customer of UJATcare.com Credit. The UJATcare.com Credit that is purchased will be credited to the Customer's Primary Account (or, at the direction of the Customer, a related Sub Account) at the time of purchase;

      2. each time the Customer purchases Messaging Services, the Customer’s Account Balance will be debited by an amount equal to the Fee attributable to those Services (determined in accordance with clause 6.1);

      3. each time the Customer purchases any Additional Services (other than the Messaging Services) the Customer’s Account Balance will be debited by an amount equal to the Fee attributable to those Services (determined in accordance with clause 6.2); and

      4. such amounts will be debited from the Customer’s Account Balance as soon as practicably possible following the purchase through the UJATcare.com Systems.

    2. 7.2 Account Balance must be in credit

      At the time of purchasing Services using the UJATcare.com Systems, the Customer’s Account Balance must contain sufficient UJATcare.com Credit to cover the entire cost of that transaction. UJATcare.com will not allow a Customer’s Account Balance to go into debit.

    3. 7.3 Nature of the UJATcare.com Credit

      The Customer acknowledges and agrees that:

      1. notwithstanding that the Customer’s UJATcare.com Credit is represented in the UJATcare.com Systems as an amount of an Acceptable Currency, the Customer may only use such balance as consideration for Services purchased and has no legal or equitable right to recover (whether by way of refund or otherwise) such sum from UJATcare.com except as is prescribed by Law or expressly prescribed by this agreement;

      2. no trust or other fiduciary relati