TERMS AND CONDITIONS
The terms below govern the contractual relation between you (the customer) and SmsMobile24.Com, a trading brand of Derams And Realities World.
Kindly read the terms & conditions prior to using the service. By proceeding to use the service denotes that you have read and agreed to the terms & conditions.
The terms & conditions may change without notice and we advise you to visit this page regularly to get the updated terms & conditions. If you have any reservation to the use of this service, kindly contact us at the Contact Us page or send email to: info at SmsMobile24.Com
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF SMSMOBILE24.COM TO YOU AND THAT INDEMNIFY SMSMOBILE24.COM AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
No Warranty: The information contained on the Website and the Services provided via the Website is provided by SmsMobile24.Com and/or its partners, members, suppliers or agents without warranty of any kind, express or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1. Scope of Agreement
By registering on our website SmsMobile24.Com, the customer agrees with the terms specified in this contract. The contract is deemed established as soon as SmsMobile24.Com has sent the login details required to use SmsMobile24.Com’s services to the customer’s e-mail address or phone number or by any other means. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail.
2. Usage of the SMS Service
2.1. Authorization and Authentication
After the customer has completed online registration and payment, a password will be sent to the customer’s e-mail address. This login information serves as identification of the customer to our SMS server. The customer agrees that all website activities which can be traced to their username and password are deemed as having been performed by the customer themselves and are legally binding for them. The customer is responsible for careful use and storage of their username and password, password sharing is not advised as you will be responsible for every action on your account. We urge the customer to take appropriate measures to prevent misuse or theft of their login information.
The customer agrees that, by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. - The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of SmsMobile24.Com’s services.
2.3. Limitation of Liability
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMSMOBILE24.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE. IN NO EVENT SHALL SMSMOBILE24.COM OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE OR THE SERVICES, EVEN IF SMSMOBILE24.COM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
3. SmsMobile24.Com 's Services
SmsMobile24.Com is a trading brand name of Derams And Realities World and provides SMS services to the customers as described on the website www. SmsMobile24.Com
3.1. Access to SmsMobile24.Com
SmsMobile24.Com makes its best efforts to provide SMS services on the website SmsMobile24.Com 7 days a week, 24 hours a day. SmsMobile24.Com reserves the right at any time to change or discontinue any aspect or feature of the Website or Services, including, but not limited to, content, hours of availability, products, Services offered and parameters needed for access or use the Website.
Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and Services, We take no responsibility for, and will not be liable for the Website or Services being temporarily unavailable or inaccessible for whatsoever reason. In order to use the Service, the customer must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, the customer must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. SmsMobile24.Com will not be liable or accountable to any miss functionality resulting from the use of incompatible or out-dated devices or web browsers.
3.2. SMS Transmission
The customer acknowledges that SmsMobile24.Com delivers SMS messages via major SMS Gateway providers and telecommunications companies and mobile network providers and can therefore only influence the delivery and transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SmsMobile24.Com does not have any direct communication with Subscriber's Mobile phones, hence SMS messages submitted at SmsMobile24.Com will be relayed through third party SMS Gateway providers and telecommunications companies who will further transferred the message content to the addressed mobile recipients within seconds or minutes, provided that the recipient's phone is switched on and located in an area covered by their subscribed mobile network provider. The customer acknowledges that, depending on the recipient's mobile 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 at all. A recipient may also decide to block incoming messages which SmsMobile24.Com has no control over. Certain networks block Sender IDs that contain alphanumeric characters. To ensure that a Sender ID is accepted by a network(s), test a small group of numbers and check that messages are delivered successfully using the Sender ID. No refunds will be provided if messages are blocked by a network due to the use of an incompatible Sender ID. Messages with certain ID's may be blocked or the Sender IDs may be changed or modified by the network operators at their discretion to ensure delivery is achieved. SmsMobile24.Com has no control over changes to the Sender ID. Words like CONGRATULATIONS, CONGRATS, WIN, WON, LOTTERY, MILLION, VOTE, PROMO, YELLOW, SUM OF,COST, PAY, RAFFLE DRAW, SUBSCRIBE, WOW will affect the delivery rate of your messages.
3.2.2. Large Volume Transmission
The customer acknowledges that transmission of large SMS amounts (>500,000 messages at once) may be subject to restrictions and delays on the part of the gateway providers or mobile network providers affected. The customer agrees to communicate their intent to transmit such volumes to SmsMobile24.Com at least 5 business days in advance in order to ensure that such delivery can take place without disruptions.
3.3. Message Privacy
The customer acknowledges that SMS message content is transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible.
3.4. Technical Modifications
SmsMobile24.Com reserves the right to enhance, develop, and modify services and contents on its website at any time without prior notice.
4. Customer's Liability
4.1. Disruptions and Damages
If the customer causes damages or disruptions of the website or system applications of SmsMobile24.Com by bad intent, he becomes liable for all direct and incidental consequences and associated costs.
4.2. SMS Content
The customer assumes full responsibility for the content of SMS messages transmitted by them or by a third party on their request. The customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by them. The customer assumes liability for all consequences and costs arising out of offences against such regulations. The customer must ensure that their SMS delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The customer is not permitted to send SMS messages to recipients who have not expressly given their permission to receive text messages from the customer. Upon request, the customer must be able to show proof that they have permission from the recipient. The customer must provide a means by which the recipient can contact the customer in each message sent out, for example a phone number or e-mail address. The customer agrees to indemnify and hold SmsMobile24.Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees, made by any third party due to or arising out of Content the customer transmit through the Service, the customer's use of the Service, the customer's connection to the Service, the customer's violation of the Terms of Usage, or the customer's violation of any rights of another.
You agree that SmsMobile24.Com, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if SmsMobile24.Com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. SmsMobile24.Com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that SmsMobile24.Com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SmsMobile24.Com shall not be liable to you or any third-party for any termination of your access to the Service.
5.1. SMS Debits
SmsMobile24.Com debits transmitted SMS messages from the customer's online SMS account 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 SmsMobile24.Com’s investigations have not produced evidence of a technical problem or error. The SMS pricing scheme is published on the www. SmsMobile24.Com. Because SmsMobile24.Com cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of the Gateway providers or mobile network providers or the mobile users, SmsMobile24.Com does not refund undeliverable SMS messages to the customer.
5.2. Payment for Bulk SMS
Any payment made into our account for bulk sms can only be used for the intended motive which is basically for bulk sms. That is using the money to get customers' bulk sms account credited with bulk sms units on our bulk sms platform. No refund of payment.
5.3. Trial Credits
Two (3) Free trial units will be supplied at SmsMobile24.Com's discretion to genuine business users for intended use to test the functionality of the SMS portal.
All complaints must be directed to info at SmsMobile24.Com, within 10 business days of the event causing the objection.
All communication media and systems associated with the website www. SmsMobile24.Com and the underlying services remain the property of SmsMobile24.Com. By using the services, the customer does not obtain any rights in the infrastructure, content or software associated with the services.
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. You must comply with all laws, regulations, obligations and restrictions that apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of SmsMobile24.Com. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.