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The Terms & Conditions specifies the actions permitted by Send-BulkSMS.com
to its users of our services, including SMS and other services which may be introduced
in future. Send-BulkSMS.com 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
Send-BulkSMS.com 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 authorisation, and
material that is obscene, defamatory, constitutes an illegal threat, violates export
control laws or anti national.
b. Subscriber conduct
Subscriber shall use Send-BulkSMS.com services for lawful purposes only.
Subscriber shall not post or transmit using Send-BulkSMS.com 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 Send-BulkSMS.com express prior approval,
contains advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in the Send-BulkSMS.com discretion restricts
or inhibits any other Subscriber from using or enjoying Send-BulkSMS.com
services will not be permitted. Subscriber shall not use Send-BulkSMS.com
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 Send-BulkSMS.com services.
Subscriber shall not upload, post or otherwise make available using Send-BulkSMS.com
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 are prohibited, and may result in criminal
and Civil Liability. The Send-BulkSMS.com 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,
mailbombing, 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 be 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 Send-BulkSMS.com,
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 Send-BulkSMS.com Services by subscriber or any body else than the
Subscriber, if any.
e. SMS
It is a condition of use of Send-BulkSMS.com services that subscriber do
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 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 then 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.
Send-BulkSMS.com has no control on the contents of the SMS sent and Send-BulkSMS.com
shall not be held responsible/liable directly of indirectly neither for the content
of the SMS sent nor for any delay in delivery or non-delivery or for any errors
routed by Send-BulkSMS.com through its SMSC.
Send-BulkSMS.com 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 Send-BulkSMS.com 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 Send-BulkSMS.com
SMSC.
User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers.
All SMS sent by user using Send-BulkSMS.com 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 Send-BulkSMS.com 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 Send-BulkSMS.com will in no way responsible for any such message
and the subsequent fallout.
Send-BulkSMS.com shall strive to deliver SMS immediately upon receipt from
the user. However Send-BulkSMS.com 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 Send-BulkSMS.com.
However, Send-BulkSMS.com 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
i. In consideration of Send-BulkSMS.com forwarding the SMS through its SMSC,
User shall pay the agreed amount per SMS + taxes sent anywhere within India.
ii. Send-BulkSMS.com 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, however,
Send-BulkSMS.com bills the SMS only on delivery as per SMSC reports &
CDR’s. Send-BulkSMS.com will notify any change in tariff to User
iii. Send-BulkSMS.com 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.
iv. Service Taxes would be as applicable, currently@12.36%.
v. User agrees to pay the bill amount immediately when sent by Send-BulkSMS.com.
Such payments shall be in Indian Rupees (INR)
vi. The bill generated by Send-BulkSMS.com shall be the conclusive proof
of the SMS sent by SMSC of Send-BulkSMS.com and the same shall be honored
by user, however in case of any anomaly found by user, he will present its statistics
and both parties will resolve the anomaly.
vii. Send-BulkSMS.com 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.
viii. No unsolicited/objectionable message should be sent by user
ix. Bulk SMS will be sent by user to national customer only.
x. Timing decided for sending these SMSs is 8am to 8 pm except time critical messages
which should be delivered without delay.
xi. Nature of content and primary applications to be specified by user
xii. The Bulk SMS rates are subject to change.
xiii. In case of change/revision of IUC for inter operator termination charges;
these bulk SMS charge will revised.
xiv. The term used as 'Unlimited' will be valid for maximum of 10 years. Further
extension can be considered. However, the decision of Send-BulkSMS.com will
be final.
g Refund Policy
Before starting any relationship with us we advice 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 Send-BulkSMS.com agreed.
In case, Send-BulkSMS.com agreed to refund money it will take 60 to 90 days
but not more then that from the date of request received by Send-BulkSMS.com
through e-mail (registered with the Send-BulkSMS.com) 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 Send-BulkSMS.com subscribers
Indirect or attempted violations of the policy and actual or attempted violations
by a third party on behalf of a Send-BulkSMS.com 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.
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