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BULKSMS Terms & Conditions

1. USAGE

1.1 Persons using the BULKSMS web site for any reason whatsoever, subject themselves to and agree to the terms and conditions of BULKSMS when accessing the web site as set out below. The entity filled in under "Company" during registration is the legal entity that contracts with BULKSMS.

1.2 The BULKSMS web site provides online messaging services.

2. INTELLECTUAL PROPERTY RIGHTS

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to BULKSMS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

3. DISCLOSURES

3.1 The full name and legal status of the web site owner is: Celerity Systems (Pty) Ltd , Company Registration number 2000/005883/07.

3.2 The terms and conditions apply to the following websites: www.bulksms.com, www.bulksms.net, www.bulksms.2way.co.za, www.titbits.co.za, www.bulksms.co.uk, usa.bulksms.com.

3.3 Company directors: Dr. Pieter E. Streicher, Richard J. B. Simpson

3.4 Physical address for receipt of legal service: 125 Buitengracht Street, Cape Town, 8000, South Africa.

3.5 Main business: SMS Messaging services and solutions.

3.6 COSTS/PAYMENT METHODS

3.6.1 Taxes: Prices exclude VAT. VAT of 14% is only payable by South African clients.

3.6.2 Manner of payment: Payment methods include credit card, electronic transfer or cheque deposit.

3.6.3 Records of transactions: Records of transactions may be obtained from Celerity Systems on request, or online on the Message History > Credit History page.

4. AGREEMENT

4.1 BULKSMS reserves the right to refuse to accept and/or execute an order without giving any reasons therefor. BULKSMS also reserves the right to cancel orders in whole or in part in BULKSMS sole and absolute discretion. BULKSMS shall only be liable to refund monies already paid by the user.

4.2 Payment security: BULKSMS use secure third party payment gateways of WorldPay.

4.3 Cooling-off period: Users have the right to return sms credits purchased from this site within 7 days.

4.4 The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place an order.

4.5 By using this web site or communicating with BULKSMS by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.

4.6 The number of credits used per message depends on the destination and the messaging route used. This number is subject to change without notice, and is indicated on the "coverage" link. The cost of a credit consists of the message cost (network operator), database, customer care and handling cost.

4.7 One BULKSMS credit allows you to send one SMS message, provided that networks do not introduce reciprocal charges. The cost of a credit consists of the message cost (network operator), database, customer care and handling cost.

5. CHANGES AND AMENDMENTS

5.1 BULKSMS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.

5.2 BULKSMS reserves the right to change and amend the prices and rates quoted on this web site without any notice.

5.3 The user undertakes to check BULKSMS frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.

5.4 Users should regularly verify which networks are covered. Changes may occur as to which networks are covered.

5.5 In the event that a network(s) introduce reciprocal charges, BULKSMS retains the right to increase the number of credits needed per message, for that specific network(s).

6. PRIVACY POLICY

6.1 BULKSMS protects the user’s privacy.

6.2 A user’s phonebook, message content and MSISDN’s sent to belong exclusively to that user, and will not be disclosed to any third parties without the user’s written permission.

6.3 Any recipient of any message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.

6.4 By using this web site the User consents to the following regarding user contact information: (user contact information refers only to that information supplied when a user registers, and excludes all other information such as phonebook content and message history.):

6.4.1 BULKSMS may use a users contact information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;

6.4.2 BULKSMS may use user’s contact information for non-personal statistical purposes;

6.4.3 BULKSMS may share user contact information with business partners; and

6.4.4 BULKSMS retains the copyright in databases of contact information of users.

7. LINKING AND FRAMING

7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of BULKSMS.

7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of BULKSMS.

8. NO AGREEMENTS CONCLUDED

8.1 No information or data on this web site is an offer, but merely an invitation to do business.

8.2 No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.

9. SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 1 hereof.

10. LINKS TO THIRD PARTY SITES

10.1 BULKSMS may provide links to the user only as a convenience and the inclusion of any link does not imply BULKSMS’s endorsement of such sites.

10.2 Linked web sites or pages are not subject to the control of BULKSMS. BULKSMS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site

11. SECURITY OF INFORMATION

11.1 All reasonable steps will be taken to secure a user’s information.

11.2 Users undertake not to divulge their username and passwords to any other person.

11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that BULKSMS should suffer any damage or loss, civil damages will be claimed.

11.4 In the event that a company wishes to replace a person/employee using a specific BULKSMS account, and wishes to prevent this person from accessing the account, the company shall inform BULKSMS in writing of this change, and change all details on the account accordingly.

11.5 In the event that a disgruntled employee has sole access to a BULKSMS account, and the company wishes to bar this access, it shall provide BULKSMS with a written "take down notice" including the following:
 -a. the full names and address of the complainant;
 -b. the written or electronic signature of the complainant;
 -c. identification of the right that has allegedly been infringed;
 -d. identification of the material or activity that is claimed to be the subject of unlawful activity;
 -e. the remedial action required to be taken by the service provider in respect of the complaint;
 -f. telephonic and electronic contact details, if any, of the complainant;
 -g. a statement that the complainant is acting in good faith;
 -h. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct; and
 -(2) Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for -damages for wrongful take-down.
 -(3) A service provider is not liable for wrongful take-down in response to a notification.

11.6 In the event that a BULKSMS account is transferred from one company to another, the former company shall inform BULKSMS in writing of this change, and change all details on the account accordingly. If the username is the former company name, a new account shall be opened.

11.7 In the event that a user forgets his password, and/or his contact details used for password recovery has changed (e-mail address, mobile number), and he requests a password change, mobile number change or e-mail address change, BULKSMS will do the following: Call or e-mail the existing addresses on the account. If there is a positive response from these, the changes requested will be effected. If there is no response or a negative response, the user shall comply with 11.5 first. BULKSMS is not liable for wrongful changes in these instances.

12. DISCLAIMER

12.1 BULKSMS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, BULKSMS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

12.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with BULKSMS that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software

12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of BULKSMS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

13. UNSOLICITED SMS

13.1 Users warrant that:

13.1.1 Recipients of SMS has a prior commercial relationship with the user and would reasonably expect to receive marketing communications from the originator; and/or

13.1.2 Recipients requested SMS from the user.

13.2 BULKSMS users must comply with all applicable laws, regulations and network operator requirements. Any complaint from a network operator would be regarded in a very serious light and the responsible BULKSMS user could be suspended without a refund of its credits.

13.3 BULKSMS users are advised to include their own contact details in their messages to ensure that complaints are directed at them and not at the network operator. BULKSMS may remove numbers from a the database of a user should complaints be received.

13.4 To protect the integrity of the system, BULKSMS users may not send unlawful, obscene, abusive, harassing, threatening or obscene messages. Messages sent are stored and can be audited at any time.

13.5 The user hereby indemnifies and holds BULKSMS harmless against any and all damages, liabilities and risks that may follow from the sending of unsolicited (spam) SMS.

14. SEVERABILITY

14.1 These Terms and Conditions of Use constitute the entire agreement between BULKSMS and you, the user of this web site. Any failure by BULKSMS to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.

14.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

15. APPLICABLE AND GOVERNING LAW

This web site is controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.

16. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:

Street Address:

125 Buitengracht Street,

Cape Town, 8000, South Africa.

Postal Address:

PO Box 1263,

Milnerton, 7435, South Africa.

Phone & Email:

Tel: +27 (0)21 409 7815

Fax: +27 (0)21 409 7064

Email: service@BULKSMS.com