General Terms of Business are valid between BulkSMSIndia
(hereafter called BulkSMSIndia) and every person
(hereafter called 'Customer') who has logged in to the 'BulkSMSIndia'
Scope of Agreement
customer agrees with the terms specified in this contract.
The contract is deemed established as soon as the username
and password required to use BulkSMSIndia SMS services have
been sent by BulkSMSIndia to the customer via e-mail.
If offerings or specifications exist on our website which
are contradictory to these terms, the latter prevail.
Usage of the SMS Service
the customer has completed all registration requirements,
a username and password will be sent to the customer via e-mail.
This login information serves as identification of the customer
to BulkSMSIndia. BulkSMSIndia will perform
no further authentication of the customer's identity.
customer agrees that all activities which can be traced to
his username and password are deemed as having been performed
by the customer himself and are legally binding for him.
customer is responsible for careful use and storage of the
username and password. We recommend to change the assigned
password when first using the service; additionally, we urge
the customer to change his password regularly and take other
appropriate measures to prevent misuse or theft of his login
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 BulkSMSIndia services.
BulkSMSIndia is an independent IT company and provides SMS
services to the customers. BulkSMSIndia is SMS service.
customer acknowledges that BulkSMSIndia service delivers SMS
messages via major telecommunications companies and mobile
network providers and can therefore only influence the delivery
with respect to transmission of SMS messages within the technical
constraints imposed by the providers.
messages submitted via BulkSMSIndia will be transferred to the
addressed mobile recipients within seconds to minutes, provided
that the recipient's phone is switched on and located in an
area covered by his 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.
Large Volume Transmission
customer acknowledges that transmission of large SMS amounts
may be subject to restrictions and delays on the part of the
mobile network providers affected.
customer assumes full responsibility for the content of SMS
messages transmitted by himself or by a third party on his
customer agrees to abide to all laws and regulations applicable
to the content and intent of SMS messages transmitted by him.
The customer assumes liability for all consequences and costs
arising out of offences against such regulations.
customer must ensure that his 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
customer 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.
customer agrees to indemnify and hold BulkSMSIndia,
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 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.
agree that BulkSMSIndia, 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,
for lack of use or if BulkSMSIndia believes that
you have violated or acted inconsistently with the letter
or spirit of the Terms of Usage.
agree that any termination of your access to the Service under
any provision of this Terms of Usage may be effected without
prior notice if BulkSMSIndia believes that you
have violated the Terms of Usage. And agree that BulkSMSIndia 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 BulkSMSIndia shall not be liable
to you or any third-party for any termination of your access
to the Service.
BulkSMSIndia 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
BulkSMSIndia investigations have not produced evidence
of a technical problem or error.
SMS account balance is non-refundable and does not bear interest
Except in cases of SMSC Failure or Downtime.
complaints must be directed to BulkSMSIndia or
Roles & Responsibilities of BulkSMSIndia
BulkSMSIndia will provide the Customer with bulk
SMS at the agreed upon rates as mentioned in the business
Guarantee technical support & Guarantee fast response
and quality of the service
Duration of the terms, notice to quit The duration of any
business agreement depends on the conditions described on
the Internet pages of BulkSMSIndia for every particular kind
of business agreement at the moment of the conclusion of the
contract. Without punctual notice to quit, the agreement is
to be automatically considered as in force for the next published
period and the customer is responsible for the payment of
the fees concerning the services. The customer or BulkSMSIndia are entitled to quit the agreement, at the expiration
of the period of time defined in the terms of business, giving
a written notice (date of the post-stamp). A notice to quit
given outside the official term does not entitle to the return
of part of the paid fees. The credit concerning data or hours
is exclusively limited to the duration of the agreement.
Final dispositions Through the description of the services
as defined on the Internet pages of BulkSMSIndia and the General
Terms of Business expressedly recognized by both the contracting
parties are definitively defined the rights and duties between
the customer and BulkSMSIndia. The communication
with the customer takes place via the web-site of BulkSMSIndia or e-mail. BulkSMSIndia reserves the
right at all times to alter the General Terms of Business
and the characteristics of the BulkSMSIndia services. BulkSMSIndia informs the customer about substantial modifications
via homepage. If the customer doesn't agree with the new dispositions,
he is allowed to quit the business agreement as of the end
of the official duration of the business agreement, giving
written one month's notice after the information concerning
the modification has been published. In any other case the
modified General Terms of Business resp. characteristics of
the BulkSMSIndia services will be applied on the fixed date
for their coming in force.