Terms of use
Terms of use for our SMS Services
The Terms & Conditions specifies the actions permitted by to its users of our services, including SMS and other services which may be introduced in future. reserve right to modify the policy at any time. All subscribers of Our Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time.
a. Illegal use may be used only for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or regulation is
prohibited. This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right used without proper
authorisation, and material that is obscene, defamatory, constitutes an illegal
threat, violates export control laws or anti national.
b. Subscriber
conductSubscriber shall
use services for lawful purposes only. Subscriber shall
not post or transmit using services any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offence, give right to civil liability or
otherwise violate any law, or which, without the express
prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that in the discretion restricts or inhibits any other Subscriber from using or
enjoying services will not be permitted. Subscriber shall
not use services to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with the
services.
Subscriber shall not upload, post or otherwise make available using services any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with subscriber. Subscriber shall
be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission.
c.
System and Network Security
Violation of
system or network security are prohibited, and may result in criminal and Civil
Liability. The will investigate incidents involving such
violations and may involve/will cooperate with law enforcement agencies if a
criminal violation is suspected. Examples of system or network security
violations include, without limitation, the following:
- - Unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without express authorization of the
owner of the system or network.
- - Unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network.
- - Interference with service to any user, host or network including, without
limitation, mailbombing, flooding, deliberate attempts to overload a system and
broadcast attacks.
- - Forgery of any identification or obscuring of hostnames, usernames, IP
addresses, or any message header information in any data.
- - Harassing or threatening transmissions.
- - Probing for means of gaining unauthorized access to computers or networks.
- - Introducing or causing to be introduce any computer contaminant or computer
viruses into system or network.
- - Introducing or causing to introduce any pornography material, SMS etc.
d. IndemnificationSubscribers agree to defend, indemnify and hold harmless the , its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorney's fees,
arising out of the use of Services by subscriber or any
body else than the Subscriber, if any.
e. SMSIt is a condition of use of services that subscriber do
not post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil liability
or otherwise violate any local, state, national or international law; post or
transmit any information, software or any other material which violates or
infringes upon the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; post or transmit any
information, software or other material, which contains a virus or other harmful
component; post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains advertising.
User cannot use
any sender Id to send sms other then his own name, company or firm's name owned
or managed by him/her. Using sender Id other then owned by him will cause the
termination of account and all credits will be set to zero. A formal complaint
will also be lodged (FIR) with the law & order agency.
Sending
unsolicited SMS messages, including, without limitation, commercial advertising
and informational announcements, is explicitly prohibited.
has no control on the
contents of the SMS sent and shall not be held
responsible/liable directly of indirectly neither for the content of the SMS
sent nor for any delay in delivery or non-delivery or for any errors routed by
through its SMSC.
shall not be responsible in
any manner due to errors caused on account of internet delays, disconnection,
time outs, routing problems etc.
User shall use the facilities provided by
for delivery of MT SMS that terminates within India only.
User also acknowledges that it will not use the capability of sending
international SMS through SMSC.
User will not send unsolicited SMS (also referred to
as 'spamming') to subscribers. All SMS sent by user using
SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation
will be the sole responsibility of user
User has complete control of the Sender-ID
(Alphanumeric or Numeric) of the MT SMS sent through SMS
and will not misuse this facility. In case it is found that user is misusing
this facility by sending a message on someone's name without his/her approval,
it shall be treated as a breach of this agreement and the connection will be
disconnected forthwith. It shall be sole responsibility of user and will in no way responsible for any such message and the subsequent
fallout.
shall strive to deliver SMS
immediately upon receipt from the user. However Shall not
be responsible for any delay, non receipt of SMS or any other interruption in
providing SMSC facility, which may occur due to technical reasons or snags in
the system, break down of SMSC or any other equipment, server breakdown,
maintenance shut down, breakdown of communication services and such interruption
are beyond the control of . However, acknowledges that it will put in its best endeavors to achieve the
best success rate in delivery of the SMS messages so routed through its SMSC
f. Cost policyIn consideration of forwarding the SMS through its
SMSC, User shall pay the agreed amount per SMS + taxes sent anywhere within
India.
shall be entitled to charge for all the SMS routed
by its SMSC, irrespective of any delay, incomplete message and or non-receipt of
the message by the irrespective mobile phone to whom such SMS has been
forwarded, however, bills the SMS only on delivery as per
SMSC reports & CDR's. will notify any change in tariff to
User
shall raise bills at the time of buying the
credits by user. The number of MT SMS submitted by user shall be counted for
settlement.
Service Taxes would be as applicable, currently@12.36%.
User agrees to pay the bill amount immediately when sent by . Such payments shall be in Indian Rupees (INR)
The bill generated by shall be the conclusive
proof of the SMS sent by SMSC of and the same shall be
honored by user, however in case of any anomaly found by user, he will present
its statistics and both parties will resolve the anomaly.
shall not be responsible in any manner whatsoever
to user or any other third party for delayed, incomplete and non-delivery of SMS
due to technical reasons.
No unsolicited/objectionable message should be sent by user
Bulk SMS will be sent by user to national customer only.
Timing decided for sending these SMSs is 8am to 8 pm except time critical
messages which should be delivered without delay.
Nature of content and primary applications to be specified by user
The Bulk SMS rates are subject to change.
In case of change/revision of IUC for inter operator termination charges;
these bulk SMS charge will revised.
g. Refund PolicyBefore starting
any relationship with us we advice you to test our services. We do not offer any
refund of money at any stage or at any condition once the transaction has done
unless agreed.
In case,
agreed to refund money it will take 60 to 90 days but not
more then that from the date of request received by
through e-mail (registered with the ) or by regular post.
All charges like monthly fee (pro-rata basis), sms charges, 15% processing
charges will be deducted from the refundable amount.
h. Enforcement of
Terms & Conditions for subscribersIndirect or
attempted violations of the policy and actual or attempted violations by a third
party on behalf of a subscriber or a subscriber's end
user, shall be considered violation of the policy by such customer or end user.
Any user found violating the above T&C is liable for action under the prevailing
laws including termination of services without any prior notice.
We also want to
advise you that if, you do not agree with any of the condition mentioned above
kindly do not register with us.
Call us or email us at
info@shashwatco.com, cankgco@shashwatco.com to get more details about our services and price plans.
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