The following are the terms and conditions for use of the GADDO.NET SMS Service ("GADDO.NET SMS Service" or "the Service") by any customer (hereinafter referred to as "the User").
BY PLACING GADDO.NET SMS PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE GADDO.NET SMS SERVICE, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/SHE/IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.
IF THE USER IS DEEMED TO HAVE ORDERED THE SERVICE, GADDO.NET SMS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY GADDO.NET SMS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT- SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY
1. THE SERVICE
The Service consists of a browser interface, message application and SMS gateway access. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated.
GADDO.NET SMS makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. GADDO.NET SMS reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with on 14 days ' notice. All fees paid to GADDO.NET SMS when such termination occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when GADDO.NET SMS has delivered/sent the messages to the immediate destination that GADDO.NET SMS's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. GADDO.NET SMS does not guarantee delivery on behalf of Mobile telephone networks of mail servers.
GADDO.NET SMS lays no claims to its network coverage. Although GADDO.NET SMS focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of GADDO.NET SMS or its service providers' networks. This may result in messages not being delivered.
2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, GADDO.NET SMS grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the GADDO.NET SMS Service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to GADDO.NET SMS products and/or services. As between the parties, the User acknowledges that GADDO.NET SMS, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account for usage of the Service, the User must complete the registration process by providing GADDO.NET SMS with current, complete and accurate information as prompted by the Membership/registration Form. Inaccurate details will result in suspension. The User will also choose a password and an account name will be assigned. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. GADDO.NET SMS will not be held liable to any third party claims and/or actions taken with respect to services offered.
The User agrees to notify GADDO.NET SMS immediately of any unauthorized use of its account or any other breach of security.
4. MEMBER PRIVACY
It is GADDO.NET SMS's policy to respect the privacy of the User. GADDO.NET SMS will not monitor, edit, or disclose any personal information about the User or the User's GADDO.NET SMS account, including its contents, without the User's prior permission unless GADDO.NET SMS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of GADDO.NET SMS; (3) enforce this Service Agreement or protect GADDO.NET SMS's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by GADDO.NET SMS; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User, or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. GADDO.NET SMS's service transmits the Sender's name (From field) and/or email address with each message that the end-user sends. For more information, see GADDO.NET SMS's Privacy Policy .
The User agrees that GADDO.NET SMS may access its account, including its contents, as stated above or to respond to service or technical issues.
THE USER HEREBY GRANTS GADDO.NET SMS THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT GADDO.NET SMS DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE.
5. MESSAGE AND OTHER LIMITATIONS
GADDO.NET SMS assumes no responsibility for the deletion or failure to store information. GADDO.NET SMS has set no fixed upper limit on the number of messages the User may send through the Service apart from how many units are left in the User's account; however, GADDO.NET SMS reserve s the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the User's conduct is found to be inconsistent with the Agreement.
The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.
Although GADDO.NET SMS prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered".
6. MEMBER CONDUCT
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:
7. FEES, PAYMENT AND YOUR RIGHT TO CANCEL
Fees. In consideration for the use of GADDO.NET SMS's services, the User shall pay to GADDO.NET SMS a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. GADDO.NET SMS may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to a payment that is made within a reasonable time so as to allow GADDO.NET SMS to add the SMS credits to the User's account.
Payment. Transaction fees are due and payable at the time of or before GADDO.NET SMS delivers a message to the User's recipients, via every method of de livery based upon the billing plan selected by GADDO.NET SMS. Payment shall be deemed to have been made as soon as the fee is available in GADDO.NET SMS's bank account.
Credit Card Payment. If the User has elected to pay for the Service by credit card, and GADDO.NET SMS does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by GADDO.NET SMS. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment, when such payment is made. GADDO.NET SMS reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer govern use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.).
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by GADDO.NET SMS, which will be posted in the Billing Information section or similar location within the GADDO.NET SMS web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to info@gaddo.net.
Should there be a cost increase AFTER the User has purchased message units from GADDO.NET SMS; GADDO.NET SMS will give the User 14 days' notice of such an increase, which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which GADDO.NET SMS will ref und the User to the value of any message unit credits that may be left over in the User's account.
The User acknowledges that GADDO.NET SMS is dependant on various telecommunications networks and institutions for the delivery of its messages and that GADDO.NET SMS may adjust its prices and offering, should the prices be adjusted due to reasons which are not in GADDO.NET SMS's control. GADDO.NET SMS undertakes to notify the User of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the User has purchased message units from GADDO.NET SMS; GADDO.NET SMS will give the User 14 days' notice of such an increase which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which GADDO.NET SMS will refund the User to the value of any message unit credits that may be left over in the User's account. Should the User's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. Any message units purchased must be used up within 120 days from the date on which it had been purchased. GADDO.NET SMS may extend this period on a case-by-case basis at its sole discretion.
Refunds for SMS message credits: The User can request a refund of monies paid to GADDO.NET SMS within 7 days of making any purchase of SMS message credits from GADDO.NET SMS, provided t hat there are enough credits in the User's account to be subtracted by GADDO.NET SMS, i.e. all messages sent will be subtracted from the User's account. Further to that the User will receive back the amount which fits in with the corresponding volume-option - i.e. on the cost-scale equivalent to the amount of message units sent. There is a 10% charge on all refunds.
Refunds for branding fees, licenses, monthly administration fees, and any other fee that the User pays to GADDO.NET SMS, which excludes all SMS mess age credit fees: no refunds will be made for any fees which are not related to SMS message credits.
Credit-based billing principles. GADDO.NET SMS is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on GADDO.NET SMS's coverage pages from time to time, and GADDO.NET SMS charges the published rate when a message is sent through the system. The User may however select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message. The User understands that the number of credits to a specific destination network may change due to various factors, and that GADDO.NET SMS may adjust these rates whenever it deems it necessary to do so. Should the User not have selected a specific band or profile that supports delivery to a specific destination, the User understands and accepts that messages sent may not be delivered to such destinations. Conversely, should the User have chosen specific bands which support a higher credit rate per message, and is not aware that a specific route at the time of sending the message to GADDO.NET SMS will be charged at the said higher rate, the User accepts that he/she/it will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.
8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms. GADDO.NET SMS frequently updates, modifies, and otherwise continually seeks to improve the GADDO.NET SMS services and products. Such changes often dictate that GADDO.NET SMS simultaneously modify GADDO.NET SMS's Terms and Conditions of Use. As such, GADDO.NET SMS shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the GADDO.NET SMS service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.
Termination, Cancellation and/or Suspension by GADDO.NET SMS; Disclosure of Information. This Agreement and the license granted here under may be terminated, canceled and/or suspended by GADDO.NET SMS at any time if, in GADDO.NET SMS GADDO.NET SMS's sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by GADDO.NET SMS shall be effective immediately upon notification by GADDO.NET SMS to the User in any reasonable mann er, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, GADDO.NET SMS may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the e vent(s) giving rise to the suspension, termination or cancellation. GADDO.NET SMS reserves the right to suspend the User's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User's status as being a GADDO.NET SMS Client, financial status of the User or the content of the messages originating from the User.
In the event that GADDO.NET SMS receives complaints from recipients or third parties with respect to the use of the Service, GADDO.NET SMS additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
9. NO WARRANTIES OR LIABILITIES
GENERALLY. GADDO.NET SMS (INCLUDING ITS OWNERS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDE RS, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE INCURRED BY WHOMEVER AND RESULTING FROM USE OF THE SERVICE AND THE INTERNET GENERALLY, ACCESS TO THE GADDO.NET SMS WEBSITE, ACCESS TO WEBSITES LINKED TO T HE GADDO.NET SMS WEBSITE, INABILITY TO ACCESS THE GADDO.NET SMS WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE GADDO.NET SMS WEBSITE, CONTENT AVAILABLE ON THE GADDO.NET SMS WEBSITE, SERVICES AVAILABLE FROM THE GADDO.NET SMS WEBSITE, PRODUCTS AVAILABLE FROM THE CLICK ATELL WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE GADDO.NET SMS WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO GADDO.NET SMS'S GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT GADDO.NET SMS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. GADDO.NET SMS WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO GADDO.NET SMS AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRA NTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS GADDO.NET SMS AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst GADDO.NET SMS will ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and make all upgrades to the GADDO.NET SMS API available to The User in a commercially reasonable and timely manner, the User acknowledges that GADDO.NET SMS cannot guarantee the availability of a Carrier's SMSC. Thus User expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that GADDO.NET SMS is provided "as is" and "as available" without any warranties whatsoever, express or implied. GADDO.NET SMS will use commercially reasonable efforts to make access to GADDO.NET SMS available to the User, through the required access protocols, but makes no warranty or guarantee that the User will be able to access GADDO.NET SMS at any particular time or any particular location.
10. INDEMNIFICATION
The User agrees to indemnify, hold harmless, and defend GADDO.NET SMS and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expense s (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. GADDO.NET SMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
11. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.
No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind GADDO.NET SMS in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will b e in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between GADDO.NET SMS and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
12. GADDO.NET SMS API SPECIFIC TERMS & CONDITIONS
GADDO.NET SMS offers the facility for individuals or businesses to connect to its server in order to facilitate text messaging directly to GADDO.NET SMS's Gateway. These terms do not exclude the aforegoing terms in this agreement.
13. SECURITY
GADDO.NET SMS shall take all reasonable steps to secure the content of the GADDO.NET SMS website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, GADDO.NET SMS does not make any warranties or representations that content shall be 100% safe or secure.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to the GADDO.NET SMS website or the server and computer network that support the GADDO.NET SMS website.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the GADDO.NET SMS website, whether on purpose or negligently, shall, without any limitation, indemnify and hold GADDO.NET SMS harmless against any and all liabilities, damages, risks and losses that GADDO.NET SMS and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the GADDO.NET SMS website and GADDO.NET SMS reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruct ion or damages suffered and/or incurred by GADDO.NET SMS and its partners/affiliates due to or related to these illegal actions.