Terms and Conditions
The Terms & Conditions specifies the actions permitted by to the
users of our services, including SMS and other services which may be introduced
in future. We reserve 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
Shall 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 authorisation, and material
that is obscene, defamatory, constitutes an illegal threat, and violates export
control laws or anti-national.
b. Subscriber conduct
Subscriber shall use services for lawful purposes only. Subscriber shall
not post or transmit using 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 right to civil liability or otherwise violate any law,
or which, without the express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a Subscriber
that in the discretion restricts or inhibits any other Subscriber from using or
enjoying services will not be permitted. Subscriber shall not use 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 services.
Subscriber shall not upload, post or otherwise make available using 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 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
Violation of system or network security is prohibited, and may result in
criminal and Civil Liability. The 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 of 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 hostnames, 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 introduce any
computer contaminant or computer viruses into system or network.
·
Introducing or causing to introduce any
pornography material, SMS etc.
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
Services by subscriber or anybody other than the Subscriber, if any.
e. SMS
It is a condition of use of services that subscriber do not post or transmit
any unlawful, threatening, abusive, libellous, 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 an 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 then
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 & order
agency.
Sending unsolicited SMS messages, including, without limitation,
commercial advertising and informational announcements, is explicitly
prohibited.
We have no control on
the contents of the SMS sent and 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 through its SMSC.
We shall not be
responsible in any manner due to errors caused on account of internet delays,
disconnection, time outs, routing problems etc.
User shall use the
facilities provided by for delivery of MT SMS that terminates within the
service area only.
User will not send
unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMS sent
by user using SMSC must conform to relevant laws of the land. 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
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 sole responsibility of user and
will in no way responsible for any such message and the subsequent fallout.
We shall strive to
deliver SMS immediately upon receipt from the user. However 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, break down of SMSC or any other equipment, server breakdown,
maintenance shut down, breakdown of communication services and such
interruption are beyond the control of. However, we acknowledge
that we will put our best endeavours to achieve best success rate in delivery
of the SMS messages so routed through our SMSC
f. Cost policy
1. In
consideration of forwarding the SMS through its SMSC, User shall pay the agreed
amount per SMS + taxes sent according to the country.
2. We 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. We will notify any change in
tariff to User.
3. We shall
raise bills at the time of buying the credits by user. The number of MT SMS
submitted by user shall be counted for settlement.
4. Taxes would
be as applicable as per the law of the country.
5. User agrees
to pay the bill amount immediately when sent by.
6. The bill
generated by us shall be the conclusive proof of the SMS sent by SMSC of and
the same shall be honoured by user, however in case of any anomaly found by
user, he will present its statistics and both parties will resolve the anomaly.
7. We shall not
be responsible in any manner whatsoever to 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 user
9. Nature of
content and primary applications to be specified by user
10. The Bulk SMS
rates are subject to change. SMS Price is subject to revision and can be
revised without any prior intimation.
g. Refund Policy
Before starting any relationship with us we advise you to test our
services beforehand. We do not offer any refund of money at any stage or at any
condition once the transaction has done unless agreed.
In case, it is agreed to refund money it will take 60 to 90 days but not
more then that from the date of request received by
through E-mail (registered with us) or by regular post. All charges like monthly fee (pro-rata basis),
SMS charges, 15% processing charges will be deducted
from the refundable amount.
h. Enforcement of Terms & Conditions for subscribers
Indirect or attempted violations of the policy and actual or attempted
violations by a third party on behalf of a subscriber
or a subscriber's end user shall be considered violation of the policy by such
customer or end user. Any user found violating the above T&C 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
condition mentioned above kindly do not
register with us.