Please read the following sections carefully and confirm your acceptance of these terms by clicking the "Accept" button at the bottom of the screen.
The terms below govern the contractual relation between you ("the customer") and Benedict Paul ("BP").
1. Scope of Agreement
By registering on our website www.smsxchange.com, 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 BP's services have been sent by BP 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
2.1. Authorization and Authentication
After the customer has completed online registration, a username and password will be sent to the customer via e-mail. This login information serves as identification of the customer to BP. BP will perform no further authentication of the customer's identity.
The customer agrees that all website 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.
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 BP services.
2.3. Limitiation of Liability
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, BP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.
IN NO EVENT SHALL BP OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE OR THE SERVICES, EVEN IF BP HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
3. BP's Services
BP is an independent IT developer and provides SMS services to the customers as described on the website www.smsxchange.com.
3.1. Access to www.smsxchange.com
BP makes its best efforts to provide SMS services on the website www.smsxchange.com 7 days a week, 24 hours a day.
In order to use the Service, the customer must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, the customer must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3.2. SMS Transmission
The customer acknowledges that BP delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery resp. transmission of SMS messages within the technical constraints imposed by the abovementioned providers.
SMS messages submitted via www.smsxchange.com 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.
3.2.2. Large Volume Transmission
The customer acknowledges that transmission of large SMS amounts (> 50,000 messages per day) may be subject to restrictions and delays on the part of the mobile network providers affected. The customer agrees to communicate his intent to transmit such volumes to BP at least 5 business days in advance in order to ensure that such delivery can take place without disruptions.
3.3. Message Privacy
The customer acknowledges that SMS message content is transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible.
3.4. Technical Modifications
BP reserves the right to enhance, develop, and modify services and contents on its website at any time without prior notice.
4. Customer's Liability
4.1. Disruptions and Damages
If the customer causes damages or disruptions of the website or system applications of BP by bad intent, he becomes liable for all direct and incidental consequences and associated costs.
4.2. SMS Content
The customer assumes full responsiblity 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 offenses 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.
New EU No-Spamming Rules: There are new EU anti-spamming rules which will affect all European countries. SMS sent out to recipients' consent are subject to blocking by telcos and network operators and will risk losing their accounts. Large volumes of SMS messages with similar content are deemed as SPAM by most telcos will and will be subject to blocking that is not within the control of BP or our SMS delivery services. No refunds will be entertained for failure of delivery for such messages.
The customer agrees to indemnify and hold BP, 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.
You agree that BP, 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 BP believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. BP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. 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, and acknowledge and agree that BP 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 BP shall not be liable to you or any third-party for any termination of your access to the Service.
5.1. SMS Debits
BP 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 against the correctness of the accounting records, but BP's investigations have not produced evidence of a technical problem or error.
The SMS pricing scheme is published on the www.smsxchange.com. Because BP cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of mobile network providers, BP does not refund undeliverable SMS messages to the customer.
5.2. Account Balance
The SMS account balance is non-refundable and does not bear interest.
All communication media and systems associated with the website www.smsxchange.com and the underlying services remain the property of Benedict Paul. By using the services, the customer does not obtain any rights in the infrastructure, content or software associated with the services.
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. You must comply with all laws, regulations, obligations and restrictions which apply to you. This Agreement may not be modified, except in writing signed by Benedict Paul. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.