A.
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.
B.
The USER has agreed not to send any
unsolicited commercial
communication and not to mix any promotional communications with its
Transactional Message sent to a subscriber through telecom resource allotted to
it for the purposes of sending Transactional Message.
C.
The USER shall maintain complete
confidentiality of the customer information.
D.
The USER has agreed to obtain
telecom resources from the “Provider Company” for the purposes of sending
transactional message.
E.
The
USER has agreed not to make unsolicited commercial communications to any
subscriber whose telephone number appears on the National Customer Preference
Register, except for sending Transactional Message.
F.
The USER will be solely liable for
content provided / submitted to the Provider Company servers to be made
available and/or to deliver to the end users or subscribers designated by the
USER and will ensure that the information passed on to its customers by using
the Provider Company service platform do not violate any prevailing DOT/ TRAI
rules or Judicial laws. The USER shall be solely responsible for any NDNC
violations/complaints/fines /justifications/ Penalties imposed on account of
NDNC / NCPR complaints by the operator (Access Service Provider) / recipients
as per the TRAI norms and notifications for the Services rendered by the
Provider Company to USER under this arrangement. The USER will obtain prior
permission from the subscribers explicitly and keep record of any such
permissions.
2. Applicable Law
3.
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.
4.
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.
If the USER makes any unsolicited commercial
communication, through the telecom resources allotted to it by the Provider
Company for sending Transactional Message, to any subscriber whose telephone
number appears in the National Customer Preference Register, the USER agrees
that-
A.
on the issue of first notice by the Provider Company on
getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees Twenty Five
Thousand only (Rs. 25000/-) shall be paid by the USER to the Provider Company
and deposited in the account as may be specified by TRAI, from time to time;
B.
on the issue of the second notice by the Provider Company
on getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees Seventy Five
Thousand only (Rs. 75000/-) shall be paid by the USER to the Provider Company
and deposited in the account as may be specified by TRAI, from time to time;
C.
on the issue of the third notice by the Provider Company
on getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees Eighty
Thousand only (Rs. 80000/-) shall be paid by the USER to the Provider Company
and deposited in the account as may be specified by TRAI, from time to time;
D.
on the issue of the fourth notice by the Provider Company
on getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees One Lac
Twenty Thousand only (Rs. 1,20,000/-) shall be paid by the USER to the Provider
Company and deposited in the account as may be specified by TRAI, from time to
time;
E.
on the issue of the fifth notice by the Provider Company
on getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees One Lac
Fifty Thousand only (Rs. 1,50,000/-) shall be paid by the USER to the Provider
Company and deposited in the account as may be specified by TRAI, from time to
time;
F.
on the issue of the sixth notice by the Provider Company
on getting information by the Access Provider for violation by the USER for
sending such unsolicited commercial communication, a sum of rupees Two Lac
Fifty Thousand only (Rs. 2,50,000/-) shall be paid by the USER to the Provider
Company and deposited in the account as may be specified by TRAI, from time to
time;
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.
A.
In
consideration of Company forwarding the SMS through its SMSC, User shall pay the
agreed amount per SMS + GST sent anywhere within India.
B.
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.
C.
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.
D.
GST would
be as applicable, currently@18%.
E.
User
agrees to pay the bill amount immediately when sent by Company. Such payments
shall be in Indian Rupees (INR)
.
F.
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.
G.
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.
H.
No
unsolicited/objectionable message should be sent by the user.
I.
Bulk
SMS will be sent by the user to national customer only.
J.
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.
K.
Nature of content, intention behind
sending bulk SMS, and the use of and primary applications to be specified by
the user.
L.
The Bulk SMS rates are subject to
change.
M.
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.
9.
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.
10.
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 |
|
OTP |
One Time Password |