Rules of provision and rates for SMS-sending services
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Last Updated: 06.12.2022
Rules of provision and rates for SMS-sending services
1. Terms and definitions
- Service shall mean providing the Customer with the ability to send Messages to Subscribers of Mobile Operators;
- Subscriber shall mean a person defined by the Customer, with whom the Customer has an agreement to send Messages to his mobile phone (GSM/CDMA standard). The Customer guarantees that all Subscribers agree to receive Messages sent through the Contractor’s Service;
- Message (SMS-message) shall mean text data in the SMS (Short Message Service) format that can be sent and received by a Subscriber of the GSM cellular network, generated by the Customer and transmitted to Subscribers on behalf of the Customer. Length Of 1 (One) The message length is up to 160 (One hundred and sixty) characters in Latin or up to 70 (Seventy) characters in Cyrillic (short Message). If a Message has a total length of more than 160 (One hundred and sixty) characters in Latin or more than 70 (Seventy) characters in Cyrillic, such a message is considered long. When sent, it is divided into several short Messages (up to 150 (One hundred and fifty) characters in Latin or up to 66 (Sixty-six) characters in Cyrillic) and charged as the number of short Messages required to send a long Message.
- SPAM shall mean a message of an advertising or other nature sent to a person without his / her prior consent, or to a person who is not a Subscriber of the Customer, including sending information to the Customer’s Subscribers that is not related to the subject of the agreement, to which these Rules are attached;
- Mobile Operator (Operator) shall mean a legal entity that provides the Subscriber with GSM and/or CDMA cellular telephone services on the basis of a corresponding license and a contract concluded with the Subscriber, under which the Subscriber is provided with the Subscriber’s phone number;
- Operator’s SMS Center shall mean a hardware and software package that implements the functionality of receiving and transmitting Messages in GSM and/or CDMA cellular networks.
- Term of service provision shall mean the period of time during which the Contractor provides the Customer with Services under the terms of the Terms/these Rules.
- The Reporting period shall mean a calendar month.
Other terms used in these Rules are defined in accordance with the legislation of the Republic of Cyprus.
2. Cost of services and payment procedure
2.1. The cost of Services for the Reporting period is calculated in accordance with the volume of Services (with applicable subscription fee) and the Tariffs, which are set by the Contractor and set in the Customer’s Dashboard.
2.2. Payment for Services is made in accordance with the procedure established by the Terms.
- The subscription fee for an incomplete Reporting period is not subject to recalculation and is paid by the Customer in full.
3. Messages Forming
3.1. The Service is provided on the basis of Terms concluded between the Customer and the Contractor.
3.2. No later than 3 (three) business days from the date of acceptance of the Terms, unless otherwise provided by the Parties, the Contractor provides the Customer with access to the Customer’s Dashboard and / or connection parameters via the API.
3.3. The Customer must ensure the confidentiality of the password assigned to them. The Contractor is not liable to the Customer for any losses incurred by the latter due to the loss of the assigned password or for other reasons, as a result of which the password became known to third parties, regardless of the Customer’s will.
3.4. When using the Service, the Customer independently, without the participation of the Contractor, determines the content of Messages, determines the list of Subscribers to whom they will be sent, and their phone numbers.
3.5. The length of a single Message is up to 160 (One hundred and sixty) characters in Latin or up to 70 (Seventy) characters in Cyrillic (short Message). If a Message has a total length of more than 160 (One hundred and sixty) characters in Latin or more than 70 (Seventy) characters in Cyrillic, such a message is considered long. When sent, it is divided into several short Messages (up to 150 characters in Latin or up to 66 (Sixty-six) characters in Cyrillic) and charged as the required number of short messages required to send a long Message.
3.6. Detailed rules for generating Messages are described in the interaction interface specifications, which can be provided to the Customer upon request.
4. Messages forwarding
4.1. To send Messages to the Contractor, the Customer uses the Customer’s Dashboard or integration tools provided as an API.
4.2. The Contractor guarantees sending to the Operator’s SMS Center Messages received by the System and is not responsible for the delivery of Messages to Subscribers by Operators.
4.3. Providing access to the Internet is not the subject of the Terms and is not included in the obligations under the Terms.
4.4. When transmitting a Message received from the Customer to the Operator’s SMS center, the Contractor guarantees its integrity and immutability of content.
4.5. The Contractor provides the Customer with real-time reports on delivered and non-delivered Messages via the Internet, using an agreed protocol.
5. Mode of provision of the Service
5.1. The Service is provided around the clock every day (24 hours a day, 7 days a week, 365 days a year).
5.2. The Contractor is not responsible for interruptions in the provision of the Service that occurred as a result of power supply problems, fires, terrorist acts and other force majeure circumstances, as well as a result of circumstances caused by the fault of Internet service providers or Operators.
5.3. The Contractor has the right to temporarily suspend the provision of the Service for carrying out technical works with the System, provided that the Customer is informed at least 1 (One) calendar days day before their start date.
6. The Guarantees of The Customer
6.1. The Customer undertakes not to use the Services to transmit or receive materials of a rude, offensive, humiliating or threatening nature, in violation of copyright and other rights, or materials that contradict the current Cyprus or international legislation.
6.2. The Customer undertakes not to use the Services to distribute SPAM information.
6.3. Sending information to recipients who have previously expressed a clear reluctance to receive this information is a gross violation of the Rules for providing the Service and entails the Customer’s liability, in accordance with the conditions of the Terms, up to suspension of the Service and payment of penalties established by the Terms.
6.4. The Customer guarantees compliance with the Rules for providing Services, and also undertakes to provide the Contractor with reasoned requested copies of documents confirming the Customer’s right to use the Services in accordance with the legislation of the Republic of Cyprus.
7. Compliance with the legislation
7.1. The Contractor shall exercise all reasonable efforts to ensure that all Messages received from the Customer shall reach the Subscriber’s mobile device if destination is available via SS7 (where SMS Messages may not have any religious and/or political content etc.).
7.2. The Customer shall not use the Services and the System and shall take all reasonable precautions to ensure that the Services and the System shall not be used to send System that may contain messages with content that may be deemed malicious or harmful to or may be able to damage any electronic system or network, including any mobile device, Operator’s network or equipment or Contractor’s or Subscriber’s equipment of any kind in any way, such as (but not limited to) messages containing viruses, trojans, spy programs or generally malware of any kind.
7.3. The Customer hereby explicitly confirms that for each Message sent by using the Services of Contractor, Customer has the prior consent of each addressee of each Message prior to such Message being sent.
7.4. In the event that Contractor receives a complaint from any Operator or becomes otherwise aware that the Services have been used for Messages containing prohibited content as described in this Section and Section 6 hereof (“Prohibited Messages”), Customer agrees (i) to cooperate with Contractor to identify the originator of such Prohibited Messages; AND (ii) to stop sending Prohibited Messages immediately and identify the source of such Prohibited Messages within 24 hours upon receipt of the respective notice from Contractor; AND (iii) to offer full information to Contractor with regard to its investigation about such Prohibited Messages and to provide Contractor with any other information reasonably requested by Contractor; AND (iv) to suspend the account of the relevant sender with immediate effect or to agree that the account of the relevant sender shall be suspended by Contractor with immediate effect and to take all required action to suspend such account; AND (v) that Contractor shall have the right to block and/or suspend the account of Customer, refuse to provide any Services to Customer, and terminate the Rules/Terms, all with immediate effect, in the event that EITHER Contractor has reason to believe that Customer’s account is used for Prohibited Messages, OR Customer shall not take immediate and satisfactory action as provided in lit. (i) through (iv) above.
7.5. For the avoidance of doubt, in an event as described above, Contractor shall have the right to take appropriate measures pursuant to clause 7.5 above without becoming responsible or liable to Customer for any damage, direct or indirect, of Customer of any nature, nor shall Customer have the right to claim any fines, penalties or compensation of any nature should Contractor elect to take appropriate measures pursuant to this Section in events described in this Section.
7.6. For the avoidance of doubt, the Parties have agreed that the Contractor is not responsible for the content of Messages or for the Subscriber’s consent to receive Messages, if required by local legislation, since the Contractor does not constantly monitor (pre-moderate) Messages sent by the Customer.
7.7. In everything else that is not provided for in these Rules, the Parties are guided by the provisions of the Terms.
7.8. These Rules is an integral part of the Terms.
7.9. These Rules comes into force from the date of acceptance of the Terms and is valid for the duration of the Terms.