You must be old enough to enter into a binding legal obligation. These Terms
and Conditions are a binding Agreement between you and mobile-sms.biz. By downloading
and installing our software or using our service you represent that you are old
enough to enter into a legal obligation and are agreeing to these Terms and
Conditions.
1. Scope of Agreement
mobile-sms.biz shall provide access to its SMS messaging services to its users
under following conditions. By registering to our website www.mobile-sms.biz, the
user agrees with the terms specified in this contract. The contract is deemed
established as soon as the username and password required to use mobile-sms.biz's
services have been displayed on screen or sent by mobile-sms.biz to the user via
e-mail. If offerings or specifications exist on our website which are
contradictory to these terms, the latter prevail.
2. Usage of International SMS
2.1. Authorization and Authentication
After the user has completed online registration, a username and password will
be confirmed and sent to the user via e-mail and then user must send a text
message to mobile-sms.biz to confirm the user's mobile number. This login information serves as
identification of the user to mobile-sms.biz. mobile-sms.biz will perform no further
authentication of the user's identity. The user agrees that all website
activities which can be traced to their username and password are deemed as
having been performed by the user themselves and are legally binding for them.
The user is responsible for careful use and storage of the username and
password. We recommend changing the assigned password when first using the
service; additionally, we urge the user to change the password regularly and
take other appropriate measures to prevent misuse or theft of login
information.
2.2. Risks
The user agrees that, by definition, access to the Internet, the Mobile
Network and other communication media is associated with risks concerning
authentication, data security, privacy, availability of services, reliability
of transmission etc. The user agrees to bear full and exclusively
responsibility arising from such risks and consequences of the user's usage of
mobile-sms.biz services. The user agrees that all website activities which can be
traced to the user's username and password are deemed as having been performed
by the user themselves and are legally binding for the user.
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 you. To the fullest extent permitted by law, mobile-sms.biz
disclaims all representations and warranties (express, implied and statutory,
including but not limited to the warranties of merchantability and fitness for
a particular purpose, and non-infringement 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 mobile-sms.biz 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.
2.4. Permitted Use of Software
You are permitted to download one copy of the software on any single
computer, provided you keep intact all copyright and other proprietary
notices. Alteration of the materials or use of the materials for any other
purpose, including use of any such material on any other web site or networked
computer environment, is absolutely prohibited.
2.5. Copyright & Trademarks
mobile-sms.biz respects the intellectual property of others, and we ask our users
to do the same. mobile-sms.biz may, in appropriate circumstances and in its sole
judgment, terminate the accounts of users who violate the intellectual
property rights of others.
The mobile-sms.biz software, name and logo are trademarks of mobile-sms.biz. All other
trademarks that appear within The mobile-sms.biz software service are trademarks of
their respective owners. Partners of mobile-sms.biz may also have supplementary
proprietary rights in the content that they offer through the service of The
mobile-sms.biz software. You may not change, publish, transmit, partake in the
transfer or sale, create imitative works, or in any way exploit, any of the
Content, in whole or in part.
Software made available by mobile-sms.biz, including any files, images incorporated
in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by mobile-sms.biz pursuant to a
license agreement governing the Software. mobile-sms.biz does not transfer title to
the Software to you. You may not redistribute, sell, decompile, reverse
engineer, disassemble, or in any other way reduce the Software to a
human-readable form.
3. mobile-sms.biz
mobile-sms.biz is an independent website and provides SMS services to
the users as described on the website www.mobile-sms.biz.
3.1. Access to mobile-sms.biz
mobile-sms.biz makes its best efforts to provide SMS services on the website 7
days a week, 24 hours a day, 365 days a year. In order to use the service, the
user 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. All fees are payable upfront, prior to credits being
activated. In addition, the user must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem or other
access device.
3.2.1. Delivery
The user acknowledges that mobile-sms.biz delivers SMS messages via major
telecommunications companies and mobile network providers and can therefore
only influence the delivery resp. transmission of SMS messages within the
technical constraints imposed by the above-mentioned providers. SMS messages
submitted via mobile-sms.biz will be transferred to the addressed mobile
recipients within variable times as dictated by congestion, provided that the
recipient's phone is switched on and located in an area covered by his/her
subscribed mobile network provider. Delivery of every message is not guaranteed.
mobile-sms.biz will do its best to
deliver each requested message but cannot be held responsible for issues
beyond our control: network failures/delays, carrier failures/delays,
technical failures. User is charged only
when mobile-sms.biz is charged.
3.2.1. Fees, Payment and Your Right To Cancel
Fees. In consideration for the use of mobile-sms.biz's services, the User shall
pay to mobile-sms.biz a transaction or subscription fee (as appropriate) for
messages delivered or partially delivered using any available delivery method,
at the applicable rate then in effect. mobile-sms.biz may from time to time offer
limited time "Free Trial" or similar promotions during which no transaction
fees or reduced transaction fees shall apply. Such promotions are intended for
Users to test the capabilities of the Service and/or for casual, personal use
only. During such promotions, all provisions of this Agreement shall remain in
full force and effect.
All fees are payable upfront. Failure to purchase credits upfront will
result in suspension of the services. Upfront payment refers to a payment that
is made within a reasonable time so as to allow mobile-sms.biz to add the SMS
credits to the User's account.
Payment. Transaction fees are due and payable at the time of or before
mobile-sms.biz delivers a message to the User's recipients, via every method of
delivery based upon the billing plan selected by mobile-sms.biz. Payment shall be
deemed to have been made as soon as the fee is available in mobile-sms.biz's bank
account.
Termination or Cancellation by the User. The User is free to terminate or
cancel this Agreement at any time, and for any reason; provided, however, for
such termination or cancellation to be effective, the User must carry out such
termination in accordance with the policies and procedures established by
mobile-sms.biz, which will be posted in the Billing Information section or similar
location within the mobile-sms.biz web site. Any questions concerning the
appropriate method by which to cancel this Agreement, should be addressed to
complaints@mobile-sms.biz.
Should there be a cost increase AFTER the User has purchased message units
from mobile-sms.biz; mobile-sms.biz will give the User 14 days' notice of such an
increase, which will be applicable to such credits that are still in the
User's message unit account. Within this notification period the User may
decide to continue with the service and the said increase, or to suspend the
service upon which mobile-sms.biz will refund the User to the value of any message
unit credits that may be left over in the User's account.
The User acknowledges that mobile-sms.biz is dependant on various
telecommunications networks and institutions for the delivery of its messages
and that mobile-sms.biz may adjust its prices and offering, should the prices be
adjusted due to reasons which are not in mobile-sms.biz's control. mobile-sms.biz
undertakes to notify the User of such adjustments in writing, prior to
implementing such adjustments. Should there be a cost increase AFTER the User
has purchased message units from mobile-sms.biz; mobile-sms.biz will give the User 14
days' notice of such an increase which will be applicable to such credits that
are still in the User's message unit account. Within this notification period
the User may decide to continue with the service and the said increase, or to
suspend the service upon which mobile-sms.biz will refund the User to the value of
any message unit credits that may be left over in the User's account. Should
the User's account not have any credits left, the said account will
automatically expire. The account will be re-activated upon payment for new
message units. Any message units purchased must be used up within 180 days
from the date on which it had been purchased. mobile-sms.biz may extend this
period on a case-by-case basis at its sole discretion.
Refunds for SMS message credits: There are no refunds. Use our free service
as long as you like. You should only become a paid user if you are
satisfied with this service and need to send more than the free allotment.
Refunds for branding fees, licenses, monthly administration fees, and any
other fee that the User pays to mobile-sms.biz, which excludes all SMS message
credit fees: no refunds will be made for any fees which are not related to SMS
message credits.
Credit-based billing principles. mobile-sms.biz is able to charge variable
amounts of credits per message sent through its system. These variable amounts
are published on mobile-sms.biz's coverage pages from time to time, and mobile-sms.biz
charges the published rate when a message is sent through the system. The User
understands that the number of credits to a specific destination network may
change due to various factors, and that mobile-sms.biz may adjust these rates
whenever it deems it necessary to do so.
Purchasing rules: mobile-sms.biz can place any limits on purchasing credits. User's
email address listed in mobile-sms.biz control panel must match payer email address
used at time of purchase. If email addresses do not much, credits will not
added. The same payer email address cannot be used for more than one mobile-sms.biz
account.
4. User's Liability
4.1. Disruptions and Damages.
If the user causes damages or disruptions of the website or system applications of mobile-sms.biz by bad intent, they become liable for all direct and incidental consequences and associated costs.
4.2. SMS Content
The user assumes full responsibility for the content of SMS messages transmitted by themselves or by a third party on their request. The user
agrees to abide by all laws and regulations applicable to the content and intent of SMS messages transmitted by them. The user assumes liability for all consequences and costs arising out of offenses against such regulations. The user must ensure that their SMS delivery does not cause disturbance or harassment of a recipient or other third party. The user agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The user is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS. The user agrees to indemnify
and hold mobile-sms.biz, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of content the user transmit through the service, the user's
use of the service, the user's connection to the service, the user's violation
of the Terms of Usage, or the user's violation of any rights of another.
4.3. Identification of SMS Originator
Each SMS message transmitted must contain an existing and authorized user
service phone number belonging to the user or authorized for use as such by
the owner of the phone number. mobile-sms.biz will not deliver SMS messages
without originator information.
4.4. Termination
You agree that mobile-sms.biz, in its sole discretion, may terminate your
password, 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 mobile-sms.biz believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. mobile-sms.biz 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 mobile-sms.biz may immediately deactivate or del ete 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 mobile-sms.biz shall not be liable to you or any third-party for any termination of your access to the service.
4.5. Financial obligations of mobile-sms.biz upon Termination and/or Cancellation. Should the termination of services result in a situation where the User still has credits (or messages that are pre-paid) at any stage, the User shall lose the monetary value of such credits.
5. Referral Program
User earns
free credits in the amount of 10% of purchases from customer referred by user. Credits will be added to users balance at time of payment by those referred. mobile-sms.biz reserves the right to limit total credits earned and to end the referral program at any time. mobile-sms.biz can at its sole discretion remove referral status for an account. The referral incentive is only for accounts created and utilized by new customers. Additional accounts for existing users do not qualify for referral credits.
6. Property
All communication media and systems associated with mobile-sms.biz's website and the underlying services remain the property of mobile-sms.biz.
By using the services, the user does not obtain any rights in the infrastructure, content or software associated with the services.
7. Interpretation
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 mobile-sms.biz. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
8. Modification of Terms
Modification of Terms. mobile-sms.biz frequently updates, modifies, and otherwise continually seeks to improve the mobile-sms.biz services and products. Such changes often dictate that mobile-sms.biz simultaneously modify mobile-sms.biz's Terms and Conditions of Use. As such, mobile-sms.biz shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the mobile-sms.biz service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.
