B.S.E. BUSINESS SOLUTION ENTERPRISES LTD BULK SMS SERVICE AGREEMENT
BULK AND ALERT SMS SERVICE AGREEMENT
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SERVICE. By using this service, you signify your agreement to these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use this service. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD may modify these Terms & Conditions at anytime.
The following Terms & Conditions govern the legal relationship between B.S.E. BUSIESS SOLUTION ENTERPRISES LTD and its Users:
PART A – Interpretation
1. In these TERMS & CONDITIONS, the words and phrases listed below shall bear the following meanings, unless the context clearly indicates otherwise:
1.1. “Cyprus” means the Republic of Cyprus.
1.2. “SMS” means a “Short Message Service” provided by means of a text message to a cellular handset.
1.3. “Alert SMS Service” means an SMS with an alert and/or warning massage by the USER to a specified person and/or a specified class of persons.
1.4. “Bulk SMS Service” means the service that allows the User to send a large quantity of the same text message to a large number of Recipients at the same time.
1.5. “B.S.E. BUSINESS SOLUTION ENTERPRISES LTD” means the legal entity, lawfully registered in Cyprus with Registration Number HE 341898, which provides the Bulk SMS Service and the Alert SMS Service and with whom the User enters into an agreement based on the present Terms & Conditions.
1.6. “User” means any natural or legal person who makes use of the Bulk SMS Service and/or of the Alert SMS Service provided by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD.
1.7. “Recipient” means any person, including both natural and legal persons, who receive or is intended to receive any SMS sent by a User using the Bulk SMS Service and/or the the Alert SMS Service.
1.8. “Network Operator” means any party licensed to install operate and maintain a cellular telephone network in any country of the word in accordance with the Laws and Regulations of that country including, but not limited, the Republic of Cyprus.
1.9. “Website” means the website of Bulks SMS Service and of the Alert SMS Service which is http://www.sms.bse.com.cy
PART B – Service Provisions
2. Persons using the Bulk SMS Service and/or the Alert SMS Service for any reason whatsoever bind themselves and agree to these Terms & Conditions.
3. Should a User not agree to all the Terms & Conditions of this agreement or be unable to comply with these Terms & Conditions, the User should immediately cease using the Website and/or terminate the registration process.
4. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD. shall make all reasonable endeavors to ensure uninterrupted and continued use of the Bulk SMS Service, although the delivery of SMS is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS Recipient’s mobile handset. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD does not and cannot guarantee the delivery of SMS messages or the compatibility between any text message or content format and any particular mobile handsets or mobile operating systems.
5. Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall be entitled to modify, enhance, develop or discontinue its Bulk SMS Service and/or the Alert SMS Service without notice to Users. Users acknowledge and agree that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall not be liable to the User or any other person for damages or other liabilities resulting from this.
6. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD. shall use its reasonable endeavors to provide the User with advance notice of any modification, suspension or termination of its Bulk SMS Service and/or Alert SMS Service and shall endeavor to minimize the duration of any suspension thereof in so far as this is reasonably practicable.
7. Users acknowledge and agree that all SMS sent may be stored and can be audited and reviewed by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD or any other person acting on behalf of B.S.E. BUSINESS SOLUTION ENTERPRISES LTD at any time to ensure compliance with these Terms & Conditions and any applicable law, regulations or code of conduct.
8. Further to what is provided for below in PART C, Users may not use the Bulk SMS Service and/or the Alert SMS Service to send SMS without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person. In the event of breach by the User of any applicable law, regulation, code of conduct, or any provision of these Terms & Conditions, or in the event of any complaint being received by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD in relation to a User, then the User hereby acknowledges and agrees that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD may in its sole and unfettered discretion remove SMS Recipient contact numbers from the database of a User and/or suspend or terminate its Bulk SMS Service to a User without prejudice to any other rights that it may have in law or in terms of these Terms & Conditions.
9. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD expressly reserves the right to enhance, develop and modify its Bulk SMS Service and/or Alert SMS Service at any time.
PART C – Personal Data
10. Users acknowledge and understand that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD acts as a conduit for the provision of information and content. Users acknowledge that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause SMS to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
11. Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of Recipients and shall not disclose the personal information of Recipients to any third party without the express consent of the Recipient.
12. Users agree that in the event the Recipient is a person who domiciles and/or resides in the Republic of Cyprus and/or is treated as a consumer by the Laws and Regulations of the Republic of Cyprus, the Recipient shall always be granted the option to stop any future receipt of SMS via the Bulk SMS Service by giving a notification to the User either by means of an automatic phone call and/or by means of an SMS to the User.
13. Users warrant that Recipients have a recent prior commercial or other relationship with the User and would reasonably expect to receive marketing communications from the User and/or the Recipients have either requested the receipt of SMS from the User or consented thereto.
14. Users warrant that they shall not send unlawful, abusive, harassing, threatening or obscene messages to any Recipient or any other person or persons, including both natural and legal persons, and that they shall not engage in any fraudulent act by means of or in connection with the Bulk SMS Service and/or the Alert SMS Service.
15. Users warrant that they shall include their own contact details in their SMS to ensure that complaints are directed at them and not at the Network Operator and/or B.S.E. BUSINESS SOLUTION ENTERPRISES LTD.
16. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD will not be held liable to any third party claims and/or actions taken with respect to the Bulk SMS Service and/or the Alert SMS Service. For that reason, the User agrees to give B.S.E. BUSINESS SOLUTION ENTERPRISES LTD all reasonably necessary assistance in handling a claim by a party against B.S.E. BUSINESS SOLUTION ENTERPRISES LTD, which is related to the User’s use of Bulk SMS Service and/or Alert SMS Service. Any defense or negotiated settlement, as decided upon by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD, will be binding on the User.
17. In addition to the point above, Users indemnify and hold B.S.E. BUSINESS SOLUTION ENTERPRISES LTD harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
PART D – Payment
18. Users are required to purchase credits which shall reduce for each SMS sent. The number of credits used per SMS depends on the messaging route used and Network Operator charges. The number of credits used per SMS is subject to change from time to time without prior notice and shall be indicated on the Website.
19. The charges imposed by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD with regard to the use of its Bulk SMS Service and Alert SMS Service are located on the Website and the User acknowledges that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD may vary its charges for SMS from time to time without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, B.S.E. BUSINESS SOLUTION ENTERPRISES LTD retains the right to increase the number of credits needed per SMS, for that specific network.
20. All payments shall be made by credit card through the payment facility available on the Website. Users acknowledge and agree that B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
21. All payments by the User are final and non-refundable. Should the User believe there have been improper charges for the Bulk SMS Service and/or Alert SMS Service, B.S.E. BUSINESS SOLUTION ENTERPRISES LTD must be notified providing any information necessary in order to review and resolve the query. The query must be submitted as soon as reasonably possible, but in any event within seven (7) business days of the date of the relevant bank statement reflecting the charge.
PART E – Termination
22. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD may terminate this Agreement immediately, without prior written notice and shall retain all its rights to claim for payment of all accrued amounts and for any possible indemnities, if the User:
22.1. “Commits a material breach of this Agreement which cannot be remedied”; or
22.2. “Is repeatedly in breach of this Agreement”; or
22.3. “Commits any fraudulent or unlawful conduct related to the use of the Bulk SMS Service and/or the Alert SMS Service”, or
22.4. “Is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation”.
22.5. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall have the right to withhold, terminate or suspend the provision of Bulk SMS Service and of the Alert SMS Service to the User at any time. Where this Agreement or the provision of the BULK SMS Service or of the Alert SMS Service is terminated by B.S.E. BUSINESS SOLUTION ENTERPRISES LTD for any reason other than breach by the User, B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall refund all monies already paid in advance by the User.
23. The Customer shall be entitled to terminate this Agreement at any time. However, amounts paid by the Customer shall not be refundable.
PART F – Final Provisions & Governing Law
24. Where a User breaches any of these Terms & Conditions, including terms relating to payment of any amount due to B.S.E. BUSINESS SOLUTION ENTERPRISES LTD then, without prejudice to any of its legal rights, B.S.E. BUSINESS SOLUTION ENTERPRISES LTD shall be entitled to, amongst other things, to cancel its Agreement with the User, to suspend or terminate the provision of Bulk SMS Service to the User, to suspend, disable or terminate the User’s account/s and to sue the User to claim damages and/or to retain any monies already paid by the User in respect of the Bulk SMS Service and/or of the Alert SMS Service, but not utilized by it, as damages resulting from such breach.
25. This Agreement shall be governed by and construed in accordance with the laws of Cyprus and the parties hereby submit to the jurisdiction of the Cypriot Courts.
26. Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check these Terms & Conditions for any alteration thereto prior to the conclusion of each new credit purchase.
27. B.S.E. BUSINESS SOLUTION ENTERPRISES LTD expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any of the present Terms & Conditions.