Acceptable use policy for using SMS gateway services.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SMS GATEWAY. BY ACCESSING OR USING THE SMS GATEWAY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL NOT ACCESS OR USE THE SMS GATEWAY. Our Company RESERVES ITS RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE GATEWAY. SUCH MODIFICATIONS SHALL BE BINDING ON YOU AND YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE GATEWAY SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. THIS ACCEPTABLE USE POLICY FORMS AN INTEGRAL PART OF THE CUSTOMER APPLICATION FORM (“CAF”) FURNISHED BY YOU IN ORDER TO AVAIL OF, INTER ALIA, THE SERVICES; AND THE RELATIONSHIP BETWEEN Our Company AND YOU SHALL BE CONSTRUED ACCORDINGLY.

Definitions:

As used in this document:

“Services” shall mean access to the SMS Gateway made available by Our Company to you pursuant to the accompanying Service Enrolment Form.

“Charges” includes all fees, activation and recharge fees, prepaid tariff, rentals and interconnection costs chargeable by Our Company from time to time for providing you with the Services and shall include all government levies (present and future).

“You” shall mean the individual or entity who or which has applied for provision of the Services vide the accompanying Service Enrolment Form.

“DoT” means Department of Telecommunications, Ministry of Communications, Government of India and includes its successors-in-interest.

“Equipment” shall include any phone (and any attachments/accessories thereto), necessary for connecting to the SMS Gateway in order to avail of the Services.

“Government” shall mean Government of India and/or a State Government, any local authority, Telecom Regulatory Authority of India, courts of law or other judicial/quasi-judicial forums, as the case may be, and shall include their successors-in-interest.

“SMS Gateway” shall mean the communications network and other equipment / software used by Our Company to provide the Services and shall include telephone exchanges, base stations, microwave and land-line links.

Our Company will make best efforts to provide to you the Services within the Service Area subject to (a) these Terms and Conditions, (b) provisions of the License, (c) any directions or orders issued by DoT or Government, (d) any policies and/or rules/regulations adopted by Our Company from time to time with regard to operation and maintenance of the SMS Gateway, equipment and provision of the Services and (e) you making all the arrangements as required for connecting your Equipment with the SMS Gateway.

1. Domestic and international copyright and trademark laws protect the entire contents of the GATEWAY. The owners of the intellectual property, copyrights and trademarks are Our Company , its affiliates or other third party licensors. Unless specifically permitted on different areas of the gateway, you shall not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material stored on or transmitted via the GATEWAY, including but not limited to text, graphics, pictures, games, software codes and/or programs. You may print and download portions of material from the different areas of the GATEWAY solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Meridian Telesoft Ltd, a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the GATEWAY (such as bulletin boards, forums and newsgroups) or by e-mail to Our Company , by all means and in any media now known or hereafter developed. You also grant to Our Company the right to use your name in all advertising, marketing and promotional material for promoting Our Company services or for other purposes. You agree that Our Company shall not be liable to you or any third party for any alleged or actual infringement or misappropriation of any proprietary right arising out of any material contained in communications transmitted by you to Our Company and you shall indemnity and hold harmless Our Company and its Directors and employees from and against any claims founded on the above.
2. The SMS service that sends messages to mobile phones is maintained by Our Company The utilization of the SMS service is subject to the following Terms of Service.
1. Order confirmation and service activation is subject to receipt of advance cheque for an amount mentioned in the service enrolment form.
1. Our Company will raise a consolidated invoice for all your service subscriptions on one, mutually agreed office location.
2. You would be required to immediately correspondence in writing (FAX or e-mail) of any discrepancies in the invoice submitted to you for payment.
3. Should no written communication be received by you within 7 working days from the receipt of invoice, it would be construed that (a) you have accepted the amount billed to you (b) you acknowledge clearing the invoice within 10 working days from the receipt of invoice from Our Company
4. You must pay vide cross cheques to “Our Company,”. The amounts should be paid in full including the items which are subject to further discussion (if any) for the continuation and keeping live the services subscribed by you vide this service enrolment form.
5. Should an invoice remain unpaid for uptill 15 working days from the date of despatch, Our Company reserves the right to terminate this service with immediate effect.
6. Our Company, reserves the right to terminate its offered services on account of non-payment of bills or deviation from acceptable use policy or if any proceedings in the nature of bankruptcy, liquidation or winding-up is initiated against you or if you fail to pay your debts as they fall due or if you enter into a compromise with your creditors. All reconnection and service recommencement requests would be treated as fresh work order, would be discussed as per fees, terms and conditions existing at that point of time and would be complied/honoured at the sole discretion of Our Company
2. Our Company, will not be obliged to add any text to any SMS message all though Our Company may do so as a matter of policy or to satisfy any requirement(s) under applicable law(s).
3. Any illegal use of the SMS service including but not limited to by way of transmittal of messages containing sexual, racist, terrorism-related, vulgar, obscene, offensive, derogatory or discriminatory content and any usage as maybe considered to cause mental agony or harassment to an individual or an organization is strictly prohibited.
4. You are responsible for the privacy and storage of the user ID and password allotted to you. We recommend that you change your assigned password regularly and take other appropriate measures to prevent misuse and/or theft of your login information. You shall not have any right or interest in the User ID and password allotted to you and the same may be modified by Our Company from time to time at its discretion but with reasonable advance notice to you.
5. You agree that all GATEWAY activities, which can be traced to your user ID and password, are deemed as having been performed by yourself or your authorized deputies and are legally binding on you. Accordingly you will be charged for transmittal of messages by use of the user ID, password or number allotted to you. You accept responsibility for the contents of your message, in accordance with generally applicable laws. Our Company, does not assume any liability for content of messages sent or received. You exempt Our Company, from any and all claims that may arise (including from third parties) as a result of message content.
6. You acknowledge that Our Company, delivers SMS messages via the networks of other telecommunications service providers and mobile network providers and can therefore only influence the delivery response transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed recipients in due course, provided that the recipient's phone is switched on and located in an area covered by his subscribed telecommunications services provider. You acknowledge that, depending on the recipient's telecommunications services provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery or does not allow access to or use of its network for retrieval, transmission or delivery of message(s).
7. Other than as expressly set forth in this document, Our Company makes no representations, warranties or guarantees to you. More specifically, Our Company neither claims nor guarantees the availability or performance of this service. While Our Company makes every effort to deliver the message promptly; Our Company accepts no liability for transmission delays or message failures. Our Company does not warrant or guarantee that the Service shall (a) be provided without interruption or (b) not be affected by bugs or (c) function with a certain degree of accuracy.
8. Our Company, charges for transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, but if Our Company 's investigations have not produced evidence of a technical problem or error. Our Company shall charge you for all messages that are transmitted via the SMS Gateway using the user ID, password or telephone number allotted by Our Company to you whether or not the message(s) are delivered to or retrieved by the intended recipient(s). Because Our Company, cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of telecommunications network providers; Our Company, shall not be liable to refund to you, any amounts on account of any undelivered or un-retrieved SMS messages.
9. In accordance with the legal requirements, usage and other customer data is recorded and maintained for the necessary purposes of maintaining the Service.
10. Our Company, reserves the right to discontinue the Service at any time or modify the terms of the Service from time to time without prior notice.
11. SMS gateway performance under this agreement is subject to acts of God, war, government regulation, threats or acts of terrorism or similar acts, governmental travel advisories, disaster, strikes, civil disorder, curtailment of transportation facilities, or any other cause beyond Our Company ’s making it inadvisable, illegal or impossible to perform the obligations under this agreement.
12. You use this Service entirely at your own risk.
3. All purchases are final and no refund requests would be entertained.
4. Our Company, has the right to withdraw, modify, suspend this or any of its Services offered without being liable to provide any advance notice thereof.
5. In future if SMS prices will be revise from operator or Government side all the new price will be applicable on current SMS balance and as well on new recharge balance. We are not liable for these changes. All the terms and condition apply. (subject to Ahmedabad jurisdiction)