|
Terms & Conditions The Terms & Conditions specifies the
actions permitted by ResellerBrand SMS to its users of our services,
including SMS and other services which may be introduced in future.
ResellerBrand SMS 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
ResellerBrand SMS 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 ResellerBrand SMS services for lawful purposes
only. Subscriber shall not post or transmit using ResellerBrand SMS
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
ResellerBrand SMS express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct
by a Subscriber that in the ResellerBrand SMS discretion restricts
or inhibits any other Subscriber from using or enjoying
ResellerBrand SMS services will not be permitted. Subscriber shall
not use ResellerBrand SMS 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 ResellerBrand SMS
services.
Subscriber shall not upload, post or otherwise make available using
ResellerBrand SMS 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 ResellerBrand SMS 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
ResellerBrand SMS, 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
ResellerBrand SMS Services by subscriber or any body else than the
Subscriber, if any.
e. SMS
It is a condition of use of ResellerBrand SMS 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.
ResellerBrand SMS has no control on the contents of the SMS sent and
ResellerBrand SMS 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
ResellerBrand SMS through its SMSC.
ResellerBrand SMS 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 ResellerBrand SMS 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 ResellerBrand SMS SMSC.
User will not send unsolicited SMS (also referred to as ‘spamming’)
to subscribers. All SMS sent by user using ResellerBrand SMS 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 ResellerBrand SMS 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 ResellerBrand SMS will in no way
responsible for any such message and the subsequent fallout.
ResellerBrand SMS shall strive to deliver SMS immediately upon
receipt from the user. However ResellerBrand SMS 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 ResellerBrand SMS. However, ResellerBrand SMS
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 ResellerBrand SMS forwarding the SMS through
its SMSC, User shall pay the agreed amount per SMS + taxes sent
anywhere within India.
ii. ResellerBrand SMS 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, ResellerBrand SMS
bills the SMS only on delivery as per SMSC reports & CDR’s.
ResellerBrand SMS will notify any change in tariff to User
iii. ResellerBrand SMS 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
ResellerBrand SMS. Such payments shall be in Indian Rupees (INR)
vi. The bill generated by ResellerBrand SMS shall be the conclusive
proof of the SMS sent by SMSC of ResellerBrand SMS 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. ResellerBrand SMS 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.
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 ResellerBrand SMS
agreed.
In case, ResellerBrand SMS agreed to refund money it will take 60 to
90 days but not more then that from the date of request received by
ResellerBrand SMS through e-mail (registered with the ResellerBrand
SMS) 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 ResellerBrand SMS
subscribers
Indirect or attempted violations of the policy and actual or
attempted violations by a third party on behalf of a ResellerBrand
SMS 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. |