|Terms & Conditions
ACKNOWLEDGMENT & ACCEPTANCE
BY ACCESSING THIS SITE AND ANY OF ITS PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
In these terms:
"SMS Manager" means the messaging application, which enables you to send messages to single and/or multiple recipients from a PC or your text capable Telecom mobile phones.
"We", "us" or "our" means SMS Manager and any of our related companies.
"You" or "your" means you, a registered user of SMS Manager who has successfully completed the registration process, or (as the context requires) a person designated by a registered user of SMS Manager in accordance with paragraph 8.1 of these terms.
2.1 SMS Manager 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.
2.2 We may change these terms. We can:
2.2a Change our charges for SMS Manager on one week's notice to you to reasonably take into account changes in foreign exchange rates and/or changes in the charges that SMS Manager is required to pay to third party service providers;
2.2b Make any other changes to these terms and SMS Manager at any time and if we do so we will notify you within a reasonable timeframe.
2.3 We will notify you of changes by sending an email to the email address that you have given us. This notice will be deemed received by you one day after it is sent.
3. Use of SMS Manager
3.1 If you are, or we reasonably suspect that you are, using SMS Manager principally for the purposes of your business ("business user"):
3.1a you must only use SMS Manager to send messages to and between:
3.1a.i your officers, employees, contractors or agents; and
3.1a.ii other persons who have agreed to receive text messages from you.
3.2 If you are not a business user, you may use SMS Manager to send up to 500 messages in any 24 hour period, to any person. Messages sent in excess of this limit may not be delivered (but may be charged for).
4. Your responsibilities
4.1 In addition to your responsibilities under the Standard Terms you, and every person using your SMS Manager account, will:
4.1a use SMS Manager in a responsible manner and in accordance with our instructions;
4.1b not allow any other party to, use SMS Manager or our gateway network to receive or transmit material which violates any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any third party right (including copyright), or otherwise unlawful;
4.1c not allow others to, perform any activity such as cracking or hacking (to circumvent the authentication or security of any host, network, web server or account) or denial of service attacks, or introduce anything (including any virus), that may harm our, or any third party, equipment or software;
4.1d not use SMS Manager to spam, mail bomb, send chain messages or abusive, discriminatory, defamatory, obscene or malicious messages, publish any offensive or unlawful material, harvest information about others or create a false identity;
4.1e identify yourself to the recipient as the sender of any SMS Manager message you send;
4.1f keep each username and password assigned to your account secure and not let them become public knowledge or be stored anywhere on a computer in plain text;
4.1g monitor the use of SMS Manager by any person accessing SMS Manager .com using any password that is assigned to them by you, and any other use of SMS Manager by your employees and any other persons under your control;
4.1h not breach any intellectual property right in anything forming part of, or accessed using, SMS Manager ;
4.1i pay our charges for use of SMS Manager and any additional charges levied by your telecommunications or Internet service provider for access to or use of SMS Manager ;
4.1j provide all equipment necessary to connect to the Internet and our network; and
4.1k comply with all applicable laws and our instructions from time to time (as set out at website or otherwise advised to you).
4.1l You will use SMS Manager only for lawful purposes. Usage of this service for Unethical, Unlawful, 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, violates export control laws or anti national.
You acknowledge that any breach of these responsibilities will entitle us to immediately terminate your right to use SMS Manager without notice.
4.2 You will fully indemnify and keep us indemnified against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses suffered or incurred by us resulting from:
4.2a any negligent act or omission by you;
4.2b your use or misuse of SMS Manager ;
4.2c your breach of these terms.
4.3 You acknowledge that you are responsible for ensuring that no unauthorized access to .TXT is obtained through your account and that you are liable for all activities conducted through your account, whether authorized or not.
5. Suspension and Termination of SMS Manager
5.1 We may suspend or terminate access to SMS Manager without notice if:
5.1a you do not meet every responsibility you have to us;
5.1b for any reason, you are unable to deliver SMS Manager or otherwise perform our obligations set out in these terms; or
5.1c we receive any complaint from any person regarding unsolicited messages sent by you using SMS Manager .
5.2 From time to time this website, certain servers or the whole or part of our gateway network may be closed down for routine repairs or maintenance. If this happens you may be unable to use SMS Manager.
6.1 SMS Manager will allow you to access material that originates from you or third parties. We may monitor material made available by you or any third party and remove any material that we consider to be inappropriate or in breach of any law or third party right. We take no responsibility for any material accessible using SMS Manager that does not originate directly from us.
6.2 We are not responsible for:
6.2a ensuring that the information you access or make available through using SMS Manager will be private or secure or free from viruses or other harmful things;
6.2b any transactions you enter into through use of SMS Manager or any dealings between you and any advertisers or other third parties using SMS Manager or your participation in any promotions;
6.2c any inaccuracies in any material you obtain from SMS Manager or any loss or damage arising from your use of such material;
6.2d any delay or failure in the receipt of information you select for transmission to any equipment; or
6.2e the deletion or failure to store any data transmitted by you.
7. Fixing Faults
We are responsible for fixing faults in SMS Manager except where such faults occur because you use SMS Manager incorrectly or because of an event beyond our reasonable control. We are not responsible for fixing any faults in your mobile device, your PC, your IT network or in any part of the Internet beyond our control.
8. Access, Passwords and Security
8.1 We may, in our sole discretion, allow you to designate more than one person to use your SMS Manager account and, if we do so, you may provide and assign access numbers and passwords for each SMS Manager user.
8.2 You are responsible for the confidentiality and use of your access number(s), password(s), and account number.
8.3 You agree and acknowledge that SMS Manager messages may be transmitted unencrypted and that access by unauthorized third parties is possible. We are not responsible in any way for any such unauthorized access.
9. Personal information
All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
We may share with any of our third party service providers any information we hold about you for the purpose of providing SMS Manager Services.
10. Charges for using SMS Manager
10.1 You will be charged for your use of SMS Manager at the applicable rates from time to time. We provide only prepaid services, pay per use. Please check account balance from time to time before sending messages.
10.2 We cannot guarantee the delivery of any messages you send using SMS Manager and you may be charged for any messages sent regardless of whether they are delivered.
11.1 In no event shall SMS Manager or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation:
Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of SMS Manager or related services, or with the delay or inability to use SMS Manager or related services; the provision of or failure to provide services, or for any information, software, services and related graphics obtained through SMS Manager ; or otherwise arising out of the use of SMS Manager , whether based on contract, tort, negligence, strict liability or otherwise, even if SMS Manager or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of SMS Manager , or with any of these terms of service or the additional terms, your sole and exclusive remedy is to discontinue using the SMS Manager network and its related Services.
11.2 we exclude any liability of any kind (including loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have had) arising from:
11.2a the supply of, or failure, interruption or delay in the supply of, SMS Manager ;
11.2b the fitness of SMS Manager for any particular purpose;
11.2c the incorrect, inaccurate or delayed transmission of any information or data; or
11.2d your use of SMS Manager .
11.3 We will not be liable for any loss of data or information resulting from delays, non-deliveries, missed deliveries or service interruptions caused by events beyond our control, or by your errors or omissions.
11.4 We exclude any representation or warranty that SMS Manager will be uninterrupted or error-free, that defects will be corrected, or that SMS Manager (or the server that makes it available) is free of viruses or other harmful components.
11.5 All other conditions or warranties which may be implied into these terms are expressly excluded to the extent permitted by law. We will not in any circumstances be liable for direct, indirect, special, punitive, economic or consequential loss, to the extent permitted by law, arising out of or in any way connected with the use or performance of SMS Manager .
11.6 Our total liability to you (if any) arising out of or in connection with the supply of SMS Manager under these terms is limited in respect of any one or more events to $100.
12. Refund Policy
Before starting any relationship with us we advice 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 SMS Manager agreed.
In case, SMS Manager agreed to refund money it will take 60 to 90 days but not more then that from the date of request received by SMS Manager through e-mail (registered with the SMS Manager ) or by regular post.
All charges like monthly fee (pro-rata basis), SMS charges, 25% processing charges will be deducted from the refundable amount.
13. Additional terms
Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions(additional terms).
By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms.
These terms apply to the extent that there is a conflict between these terms and the additional terms.