Terms of use
 


These General Terms of Business are valid between Ursms (hereafter called Ursms) and every person (hereafter called 'Customer') who has logged in to the 'Ursms' service.

1. Scope of Agreement

  The customer agrees with the terms specified in this contract. The contract is deemed established as soon as the username and   password required to use Ursms SMS services have been sent by Ursms to the customer via e-mail. If offerings or specifications exist on   our website which are contradictory to these terms, the latter prevail.

2. Usage of the SMS Service

  i) Authorization and Authentication

    After 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 Ursms. Ursms will perform no further authentication of the customer's     identity.
    The 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.
    The 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 information.

  ii) Risks

    The 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 Ursms services.

  iii) Ursms Services

    Ursms is an independent IT company and provides SMS services to the customers. Ursms is SMS service.

  iv) SMS Transmission

    ▪ Delivery
      The customer acknowledges that Ursms 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.
      SMS messages submitted via Ursms 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
      The customer acknowledges that transmission of large SMS amounts may be subject to restrictions and delays on the part of the       mobile network providers affected.

3. Customer's Liability

  i) SMS Content

    The customer assumes full responsibility for the content of SMS messages transmitted by himself or by a third party on his request.
    The 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.
    The 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     illegal content.
    The 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.
    The customer agrees to indemnify and hold Ursms, 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.

  ii) Termination

    You agree that Ursms, 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 Ursms believes     that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage.
    You 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 Ursms believes that you have violated the Terms of Usage. And agree that Ursms 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 Ursms shall not be liable to you or any third-party for any termination of your access to the Service.

4. Accounting

  i) SMS Debits

    Ursms 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 Ursms investigations     have not produced evidence of a technical problem or error.

  ii) Account Balance

    The SMS account balance is non-refundable and does not bear interest Except in cases of SMSC Failure or Downtime.

5.Complaints

  All complaints must be directed to Ursms or Ursms.com.

6. Roles & Responsibilities of Ursms

  i) Ursms will provide the Customer with bulk SMS at the agreed upon rates as mentioned in the business model

  ii) Guarantee technical support & Guarantee fast response and quality of the service

7. Duration of the terms

  Notice to quit The duration of any business agreement depends on the conditions described on the Internet pages of Ursms 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 Ursms 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.

8. Final dispositions

  Through the description of the services as defined on the Internet pages of Ursms and the General Terms of Business expressedly   recognized by both the contracting parties are definitively defined the rights and duties between the customer and Ursms. The   communication with the customer takes place via the web-site of Ursms or e-mail. Ursms reserves the right at all times to alter the   General Terms of Business and the characteristics of the Ursms services. Ursms 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 Ursms services will be applied on the   fixed date for their coming in force.



* Conditions Apply.