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Terms and Conditions for Customers Availing SMS Service |
Table of Contents
C. System and Network Security
H. Enforcement of Terms and Conditions for
Company subscribers
I. OTP (One Time Password) security check
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.
The Services of the Provider Company
should 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, fraudulent, spam 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 such
activity by its users.
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:
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.
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 2000 and other relevant laws of India. 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.
1.
In
consideration of Company forwarding the SMS through its SMSC, User shall pay
the agreed amount per SMS + GST sent anywhere within India.
2.
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.
3.
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.
4.
GST
would be as applicable, currently@18%.
5.
User
agrees to pay the bill amount immediately when sent by Company. Such payments
shall be in Indian Rupees (INR).
6.
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.
7.
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.
8.
No
unsolicited/objectionable message should be sent by the user.
9.
Bulk
SMS will be sent by the user to national customer only.
10.
Incase
TRAI / Operator(s) levies ANY Extra Charges above 1 Paisa 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.
11.
Nature
of content, intention behind sending bulk SMS, and the use of and primary
applications to be specified by the user.
12.
The
Bulk SMS rates are subject to change.
13.
In case
of change/revision of IUC for inter operator termination charges; these bulk
SMS charges will be revised.
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.
Disclaimer: We hold the right to suspend and/or revoke credits from your account(s) or your child account(s) [For Reseller] in case of any violation or suspicious activity, without any notice.
I. OTP (One Time Password)
security check
OTP(One Time Password) has been
introduced in the website. Subscriber must receive the OTP on his/her
registered mobile number. In case subscriber do not receive the OTP, he/she can
re-generate the OTP. The OTP security check can be removed from the
subscriber's login on request to the concerned account manager. but the we do
not recommend the removal as during the event of leak out login and password
the account can be miss used and the company will not be responsible for that.
To remove the OTP security check the
subscriber has to give the written recommendation that he/she will be sole
responsible for the credits loss or any kind of spam messages posted from that
particular account.
The following table provides
information on all the terminologies used in this agreement.
|
Description |
|
|
SMS |
Short Messaging Service |
|
T&C |
Terms and Conditions |
|
TRAI |
Telecom Regulatory Authority of India |
|
SMSC |
Short Message Service Center |
|
Sender-ID |
The name in which the SMS is sent |