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Terms and Conditions for Customers Availing SMS
Service |
Table of Contents
A.
Illegal Use
B.
Subscriber Conduct
C.
System and Network Security
D.
Indemnification
E. SMS
F. Cost
policy
G.
Refund Policy
H.
Enforcement of Terms and Conditions for Company
subscribers
Appendix
The Terms and
Conditions specify the actions permitted by Provider
Company to its users of our services, including SMS and
other services, which may be introduced in the future.
The Company reserves right to modify the policy at any
time. All subscribers of Our Services, directly or
indirectly are required to engage in acceptable use only
as per this policy as modified from time to time.
A.
Illegal
Use
The Services of the
Provider Company may be used only for lawful purposes.
Transmission, distribution or storage of any material in
violation of any applicable law or regulation is
prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other
intellectual property right used without proper
authorization, and material that is obscene, defamatory,
constitutes an illegal threat, and violates export
control laws or anti national. The provider company will
not be held LIABLE for use of any Stolen Property by its
users.
B.
Subscriber Conduct
Subscriber shall use
Company services for lawful purposes only. Subscriber
shall not post or transmit using Company services any
material, which violates or infringes in any way upon
the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would
constitute a criminal offence, give the right to civil
liability or otherwise violate any law, or which,
without the Company express prior approval, contains
advertising or any solicitation with respect to products
or services. Any conduct by a Subscriber that in the
Company discretion restricts or inhibits any other
Subscriber from using or enjoying Company services will
not be permitted. Subscriber shall not use Company
services to advertise or perform any commercial
solicitation, including, but not limited to, the
solicitation of users to become subscribers of other
on-line information services competitive with the
Company services.
Subscriber shall not
upload, post or otherwise make available using Company
services any material protected by copyright, trademark
or other proprietary right without the express
permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining
that any material is not protected by copyright rests
with the subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission.
C.
System
and Network Security
Violations of system or
network security are prohibited, and may result in
criminal and Civil Liability. The Company will
investigate incidents involving such violations and may
involve/will cooperate with law enforcement agencies if
a criminal violation is suspected. Examples of system or
network security violations include, without limitation,
the following:
- Unauthorized
access to or use of data, systems or networks,
including any attempt to probe, scan or test the
vulnerability of a system or network or to
breach security or authentication measures
without express authorization of the owner of
the system or network.
- Unauthorized
monitoring of data or traffic on any network or
system without express authorization of the
owner of the system or network.
- Interference
with service to any user, host or network
including, without limitation, mail bombing,
flooding, deliberate attempts to overload a
system and broadcast attacks.
- Forgery of any
identification or obscuring of host names,
usernames, IP addresses, or any message header
information in any data.
- Harassing or
threatening transmissions.
- Probing for
means of gaining unauthorized access to
computers or networks.
- Introducing or
causing to be introducing any computer
contaminant or computer viruses into system or
network.
- Introducing or
causing to introduce any pornography material,
SMS, and so on.
D.
Indemnification
Subscribers agree to
defend, indemnify and hold harmless the Company, its
affiliates and their respective directors, officers,
employees and agents from and against all claims and
expenses, including attorney's fees, arising out of the
use of Company Services by the subscriber or anybody
else than the Subscriber, if any.
E.
SMS
It is a condition of
use of Company services that subscriber does not post or
transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without
limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give
rise to civil liability or otherwise violate any local,
state, national or international law; post or transmit
any information, software or any other material, which
violates or infringes upon the rights of others,
including material, which is invasion of privacy or
publicity rights or, which is protected by copyright,
trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining
permission from the owner or right holder; post or
transmit any information, software or other material,
which contains a virus or other harmful component; post,
transmit or in any way exploit any information, software
or other material for commercial purposes, or, which
contains advertising.
User cannot use any
sender Id to send SMS other than his own name, company
or firm's name owned or managed by him/her. Using sender
Id other than owned by him will cause the termination of
account and all credits will be set to zero. A formal
complaint will also be lodged (FIR) with the law and
order agency.
Sending unsolicited SMS
messages, including, without limitation, commercial
advertising and informational announcements, is
explicitly prohibited.
Company has no control
on the contents of the SMS sent and Company shall not be
held responsible/liable directly or indirectly neither
for the content of the SMS sent nor for any delay in
delivery or non-delivery or for any errors routed by
Company through its SMSC.
Company shall not be
responsible in any manner due to errors caused on
account of internet delays, disconnection, time outs,
routing problems, and so on.
User shall use the
facilities provided by Company for delivery of MT SMS
that terminates within India only. User also
acknowledges that it will not use the capability of
sending international SMS through Company SMSC.
User will not send
unsolicited SMS (also referred to as ‘spamming’) to
subscribers. All SMS sent by the user using Company SMSC
must conform to IT Act, CAN SPAM ACT and other relevant laws of
India and other countries. Any violation will be the sole responsibility of
user.
User has complete
control of the Sender-ID (Alphanumeric or Numeric) of
the MT SMS sent through Company SMS and will not misuse
this facility. In case it is found that user is misusing
this facility by sending a message on someone’s name
without his/her approval, it shall be treated as a
breach of this agreement and the connection will be
disconnected forthwith. It shall be the sole
responsibility of user and Company will in no way
responsible for any such message and the subsequent
fallout.
Company shall strive to
deliver SMS immediately upon receipt from the user.
However, Company shall not be responsible for any delay,
non receipt of SMS or any other interruption in
providing SMSC facility, which may occur due to
technical reasons or snags in the system, breakdown of
SMSC or any other equipment, server breakdown,
maintenance shutdown, breakdown of communication
services and such interruption are beyond the control of
Company. However, Company acknowledges that it will put
in its best endeavors to achieve the best success rate
in delivery of the SMS messages so routed through its
SMSC.
F.
Cost
policy
- In consideration
of Company forwarding the SMS through its SMSC, User
shall pay the agreed amount per SMS + taxes which
ever is applicable..
- Company shall be
entitled to charge for all the SMS routed by its
SMSC, irrespective of any delay, incomplete message
and or non-receipt of the message by the
irrespective mobile phone to whom such SMS has been
forwarded. Company will notify any change in tariff
to User.
- Company shall
raise bills at the time of buying the credits by the
user. The number of Empty SMS submitted by the user
shall be counted for settlement.
- Service Taxes
would be as applicable.
- User agrees to pay
the bill amount immediately when sent by Company.
Such payments shall be in Euro.
- The bill generated
by Company shall be the conclusive proof of the SMS
sent by SMSC of Company and the same shall be
honored by the user. However, in case of any anomaly
found by the user, he will present its statistics
and both parties will resolve the anomaly.
- Company shall not
be responsible in any manner whatsoever to a user or
any other third party for delayed, incomplete and
non-delivery of SMS due to technical reasons.
- No
unsolicited/objectionable message should be sent by
the user.
- Bulk SMS will be
sent by the user to national customer only.
- Incase Operator(s) levies ANY Extra Charges
per SMS e.g. interconnection Charges, the User will
have to bear all such charges for the Balance SMS
Credits in their account. The Provider Company
reserves the Right to suspend User Account 7 days
after giving a Notification by E-Mail or SMS to the
Client in case the client does not deposit the
Differential Amount to the Provider. A copy of all
such Policies will be provided to the customer
before charging anything extra.
- Nature of content,
intention behind sending bulk SMS, and the use of
and primary applications to be specified by the
user.
- The Bulk SMS rates
are subject to change.
- In case of
change/revision of IUC for inter operator
termination charges; these bulk SMS charges will be
revised.
G.
Refund Policy
Before starting any
relationship with us. We advise you to test our
services. We do not offer any refund of money at any
stage or at any condition once the transaction has done,
unless Company agreed.
In case, Company agreed
to refund money it will take 60 to 90 days but not more
than that from the date of a request received by Company
through an e-mail (registered with the Company) or by
regular post. All charges like monthly fee (pro-rata
basis), SMS charges, a 10% processing charges will be
deducted from the refundable amount.
H.
Enforcement of Terms and Conditions for Company
subscribers
Indirect or attempted
violations of the policy and actual or attempted
violations by a third party on behalf of a Company
subscriber or a subscriber's end user shall be
considered a violation of the policy by such a customer
or end user. Any user found violating the above Terms
and Conditions is liable for action under the prevailing
laws including termination of services without any prior
notice.
We also want to advise
you that if, you do not agree with any of the conditions
mentioned above kindly do not register with us, once the
payment is received or, even if One SMS credit is
consumed, the provider company will not be liable for a
refund of the amount.
Appendix
The following table
provides information on all the terminologies used in
this agreement.
|
Abbreviation |
Description |
| SMS |
Short
Messaging Service |
| T&C |
Terms and
Conditions |
| MT |
Message Termination |
| SMSC |
Short
Message Service Center |
| Sender-ID |
The name
in which the SMS is sent |
|
