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. C.K.M. MICROSAT INTERNET TECHNOLOGY LTD may modify these Terms &
Conditions at anytime.
The following Terms & Conditions govern the legal relationship between
C.K.M. MICROSAT INTERNET TECHNOLOGY 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.
“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.
1.4.
“C.K.M.
MICROSAT INTERNET TECHNOLOGY LTD” means the legal entity, lawfully
registered in Cyprus, which provides the Bulk SMS Service and with whom the User
enters into an agreement based on the present Terms & Conditions.
1.5.
“User” means any natural or legal person who makes use of the Bulk SMS
Service provided by
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD.
1.6.
“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.
1.7.
“Network
Operator” means any party licensed to install operate and maintain a cellular
telephone network in Cyprus.
1.8.
“Website” means the website of
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
which is
http://www.microsatit.com/
PART B – Service Provision
2.
Persons using the Bulk 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.
C.K.M. MICROSAT INTERNET TECHNOLOGY 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.
C.K.M. MICROSAT INTERNET TECHNOLOGY 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
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
shall be entitled to modify, enhance, develop or discontinue its Bulk SMS
Service without notice to Users. Users acknowledge and agree that
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
shall not be liable to the User or any other person for damages or other
liabilities resulting from this.
6.
C.K.M. MICROSAT INTERNET TECHNOLOGY 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 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
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
or any other person acting on behalf of
C.K.M. MICROSAT INTERNET TECHNOLOGY 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 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
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
in relation to a User, then the User hereby acknowledges and agrees that
C.K.M. MICROSAT INTERNET TECHNOLOGY 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.
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
expressly reserves the right to enhance, develop and modify its Bulk SMS Service
at any time.
PART C – Personal Data
10.
Users
acknowledge and understand that
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
acts as a conduit for the provision of information and content. Users
acknowledge that
C.K.M. MICROSAT INTERNET TECHNOLOGY 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 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.
13.
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.
14.
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
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD.
15.
C.K.M.
MICROSAT INTERNET TECHNOLOGY LTD
will not be held liable to any third party claims and/or actions taken with
respect to the Bulk SMS Service. For that reason, the User agrees to give
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
all reasonably necessary assistance in handling a claim by a party against
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD,
which is related to the User’s use of Bulk SMS Service. Any defense or
negotiated settlement, as decided upon by
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD,
will be binding on the User.
16.
In addition to the point above, Users indemnify and hold
C.K.M. MICROSAT INTERNET TECHNOLOGY 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
17.
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.
18.
The charges imposed by
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
with regard to the use of its Bulk SMS Service are located on the Website and
the User acknowledges that
C.K.M. MICROSAT INTERNET TECHNOLOGY 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,
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
retains the right to increase the number of credits needed per SMS, for that
specific network.
19.
All payments shall be made by credit card through the payment facility
available on the Website. Users acknowledge and agree that
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
shall not be liable for any losses arising from the use of any third party
payment gateways whatsoever.
20.
All payments by the User are final and non-refundable. Should the User
believe there have been improper charges for the Bulk SMS Service,
C.K.M. MICROSAT INTERNET TECHNOLOGY 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
21.
C.K.M.
MICROSAT INTERNET TECHNOLOGY 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:
21.1.
“Commits a material breach of this Agreement which cannot be remedied”;
or
21.2. “Is repeatedly in breach of this Agreement”; or
21.3. “Commits any fraudulent or unlawful conduct related to the use
of the Bulk SMS Service”, or
21.4. “Is the subject of a bankruptcy order, or becomes
insolvent, or goes into voluntary or compulsory liquidation”.
22. C.K.M.
MICROSAT INTERNET TECHNOLOGY LTD
shall have the right to withhold, terminate or suspend the provision of Bulk SMS
Service to the User at any time. Where this Agreement or the provision of the
BULK SMS Service is terminated by
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
for any reason other than breach by the User,
C.K.M. MICROSAT INTERNET TECHNOLOGY 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
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
then, without prejudice to any of its legal rights,
C.K.M. MICROSAT INTERNET TECHNOLOGY 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, 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.
C.K.M. MICROSAT INTERNET TECHNOLOGY LTD
expressly reserves the right, in its sole and absolute discretion, to alter
and/or amend any of the present Terms & Conditions.
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