Terms of Service
The term ‘David Henry’ “David Henry Marketing” "dhmdigital" or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 5 Spencer Green, Whiston, S60 4NR Rotherham, South Yorkshire, UK.
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You, as the sender are responsible to ensure your campaigns are compliant and adhere to the terms below, failure to comply can result in heavy fines or lawsuit settlements and annoyed customers almost a certainty. As tempting as it is, it’s never worth it to take the shortcut.
The individual/account/user responsible for sending messages via a SMSBotsify account is ultimately responsible for ensuring that express consent has been obtained (and, ideally, documented for verification purposes in the event of a compliance audit or formal complaint).
We have a zero tolerance policy for illegality here at SMSBotsify, and consent violations at the very least can result in account termination with no refunds due
Express Written Consent
Express written consent is permission your contacts give you via paper form or electronically. It shows that they understand they’ll receive marketing text messages and don’t have to agree to receive them as a condition of any transaction with you.
Your main takeaway here is that express consent is not implied or assumed. Just because someone has given your business their cell phone number doesn’t mean they have agreed to receive texts from you. Until they have given you written proof signifying their agreement to receive texts in an opt-in with the required terms, you’re risking a violation.
If you’re importing contacts, always double check you have consent before uploading. And hang onto those consents, because it is the sender’s duty in a TCPA case to prove that they sent a text with the consumer’s prior express consent.
Also worth noting is that “written” doesn’t actually have to mean written by hand. A digital agreement is sufficient. The FCC definition includes express written consent given on website forms, in promotional materials, and in a recorded verbal agreement
Opt-In SMS Keywords
Once you’ve picked a number for your business or organization, it’s a good idea to create keywords. A keyword is a word or phrase that people can text to your number in order to opt-in for text messages. If someone texts in a keyword, this counts as express consent as long as the advertisement contains the required opt-in terms.
Part of your responsibility when using keywords is to advertise them properly. To ensure your advertisements are TCPA compliant, they must clearly and conspicuously disclose that a) the messages to be received will be marketing/promotional in nature, b) the messages will be sent via an autodialer (Chat bot) and c) the agreement to receive the promotional text messages isn’t a condition of any purchase.
We provide examples of how we obtain express written consent in the members area and access is provided after purchase
An SMS opt-in is the action a contact takes to show that they’ve given you permission to text them for marketing purposes.
An SMS opt-out is the action a contact takes to show that they no longer want to receive text messages from you. In most cases, contacts opt out of text messages by replying STOP. Think of it like an email unsubscribe button. It’s mandatory when outbound sending texts.
Your opt-in method is the way you collect express written permission from your contacts. Some popular opt-in methods include keywords, web forms, and paper forms.
Transactional Text Message
Transactional text messages are sent to keep customers up to date on important information or to help them perform an action that doesn’t result in a sale. These types of messages don’t require express written consent, but it’s still a good practice to make sure your customers are comfortable receiving texts from you.
Promotional Text Message
Promotional text messages are sent with the intent to sell, upsell, or advertise a product, business, or service. These messages require express consent.
No matter the opt-in method you choose to get your contacts’ express written consent, you should have a clear and compliant call-to-action (CTA) in the messaging.
A CTA is the phrase that prompts the individual to opt in to your SMS campaign. It should consist of the following:
Automated Marketing Messages
The federal rules for express written consent require consumers to agree to receive automated marketing messages, so be sure to make that clear in your CTA.
You must also advise them that they don’t have to agree to receive the texts as a condition of buying anything from you.
SMS Campaign Purpose
Let your contacts know what they’re signing up for. Are they getting reminders? Coupons? Tips? Specify what you’re offering so there aren’t any surprises.
Let them know if they’ll only receive one message (like a one-time coupon) or if they’re agreeing to sign up for a recurring message campaign (like weekly alerts or deals).
You can include the approximate number of messages the customer should expect to receive in a given week or month.
Message and Data Rates
Even though unlimited texting has become more common, some users may still have to pay a small fee to receive text messages. Wireless carriers require you to inform your contacts that these charges may be incurred if they sign up for your texting program.
Dos and Don’ts
Don’t Send SHAFT Content
The CTIA has outlined a set of content rules is known as SHAFT — sex, hate, alcohol, firearms, and tobacco.
Including content related to any of these topics in your call-to-action or any of your messages is considered one of the highest violations and may result in an immediate ban.
There are a few exceptions to this rule. If, for example, you operate a bar, you may still be able to send messages about happy hour specials. However, it is crucial that you operate on a dedicated, verified toll-free number or registered local number and have an age gate preventing under the age of 21 from signing up for your texts.
6. Don’t Text Contacts During Quiet Hours
According to the Telephone Consumer Protection Act (TCPA), you can’t send promotional text messages during “quiet hours” — the time before 8:00 a.m. and after 9:00 p.m. (local time for the recipient).
This might make things tricky if you have contacts all over North America, but you can segment your contacts into lists (if you know where they’re located) and schedule text message campaigns to send at different times.
Now that you’ve got a firm grasp on express written consent, let’s talk about methods for acquiring it.
You cannot send text marketing messages just because someone’s given you their number—you must first obtain express written consent.
Buying lists of contacts and texting them is expressly forbidden.
Texting without consent is against the law.
As the text marketer it is your responsibility to secure consent.
Disclaimer: Please note that this advice is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your organization’s regulatory compliance team.
We provide 2 support desks to contact us for any issues. You can find a link in the footer of our websites for general support and in each of our apps, we also provide a technical support desk link
If you want a refund, please contact us with your request using our support desk to ensure a speedy response and 100% of all refund requests within 14 days of the date of purchase will be honoured, claims outside of 14 days will not be accepted
We will process the refund back to the payment method used within 24 hours during normal business hours
If you have any set up issues outside of the 14 days this is not an acceptable reason to request a refund and we provide outstanding support to help with any set up questions or issues
We feel 14 days is a very reasonable period for you to set up and put the app to use or request a refund and this sale is based on you accepting this refund clause
If you have any concerns that 14 days is not long enough for you to set up and use the app, please make sure you request a refund within 14 days following the procedure above
Credits are purchased on the understanding that no refunds are due if you cancel the main service. You are asked to confirm this when making your purchase of credits