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Associated
with certain of our products is the provision of a text (SMS) messaging
service through the RSD Messaging Portal (hereafter
referred to as "SMS Services"). The following are the terms and conditions for the use of
any SMS Services by the user (herein referred to as “the user”). Please read them carefully.
BY PURCHASING AN RSD ASSOCIATES PRODUCT WITH AN ASSOCIATED 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 THE TERMS AND CONDITIONS, THE USER SHOULD
INDICATE THIS DURING THE PURCHASE PROCESS, WHICH WILL THEN TERMINATE.
THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING.
SMS Services General Terms & Conditions
RSD Associates reserves the right to approve clients for any SMS Services at its sole discretion.
The user is responsible for testing messages prior to sending them.
Time-specified messaging is not guaranteed to result in the exact specified
delivery time.
User
Account and Security
To open an account for usage of the
SMS Services, the user must complete the
purchase process by providing RSD
Associates with current, complete and accurate information as
requested during the purchase process. Inaccurate details will result in
suspension of the user's account. A unique user name and unique serial number will be
assigned after processing of the order. The user is entirely responsible for maintaining confidentiality with regard to
any account information. Furthermore the user is entirely responsible for all activities that occur under
the user's account. RSD
Associates will not be held liable to any third party claims taken with respect to services offered.
The user agrees to notify RSD
Associates immediately if any
unauthorised use of the user's account, or any other breach of security, occurs.
RSD
Associates Communications
The user hereby
grants RSD Associates the right to communicate with the user via email or SMS
to inform the user of any updates, notices or any other information that RSD
Associates deems to be of importance for use of the SMS Services.
User Privacy
It is RSD
Associates policy to respect the user’s
privacy at all times. The SMS Service meets the conditions of the Data Protection Act 1984.
RSD
Associates will not pass on any user’s details to
any third party except where necessary (i) for the purpose of credit checking and setting up continuous payment authority
(ii) to conform to legal requirements or comply with the legal process (iii)
to protect or defend the rights or property of RSD
Associates (iV) to enforce these terms
and conditions, or protect the reputation and business of RSD
Associates (v) to respond to request for identification in connection with claim of copyright or trademark infringement by
any user or a claim by a third party that the user is using the service for an illegal or improper activity.
The user agrees that RSD
Associates may access its account, including its contents, as stated above or to respond to service or technical issues.
SMS Services
SMS Services are accessed via the purchased software product. RSD Associates makes no guarantees as to the continuous availability of the
SMS Services or any specific feature(s) of the SMS Services. RSD Associates reserves the right to change or terminate the
SMS Services and/or alter the terms and conditions of this agreement at any time without notice and with immediate effect. All fees paid to
RSD Associates when such termination occurs are addressed in the section below.
Messages shall be deemed to have been delivered when RSD Associates has sent the messages to the immediate destination that
the RSD Message Portal software has been programmed to do. RSD Associates does not guarantee delivery
of SMS/text messages on behalf of mobile telephone networks or third-party SMS/text
aggregators.
The messages
volumes that can be sent by a user are determined by the number of message
credits available in the user's account. It is important that your account
balance is not allowed to fall to zero, since messages will not be transmitted without credit.
RSD Associates
uses only high-quality country-specific SMS routes to attempt to ensure speedy delivery of
messages. However, messages may be delivered late due to queuing or network
traffic, causes which are outside RSD Associates control. Such delays will still result in the message being seen as "delivered".
Payment
We accept
Mastercard and Visa credit cards for payment of messages. Payment is due before
RSD Associates delivers a text/SMS message to the user’s recipients. Payment shall be deemed to have been made as soon as the fee is available in
RSD Associates bank account.
The user acknowledges that the SMS
Services are dependent on a number of telecommunications networks and
other organisations for the delivery of all messages and that RSD Associates
may adjust its prices should the prices be adjusted due to
external reasons which are not in the control of RSD Associates.
Should there be a cost increase after the client has purchased SMS credits, RSD Associates
will give the client 14 days' notice of such an increase which will apply to
any remaining message credits in the user's account. Within this notification period the
user may opt to continue with the service and the said increase, or to suspend the service.
Upon suspension, RSD Associates will refund the client to the value of any message credits that may
remain in the user's account.
Message Content
RSD
Associates SMS
Services system processes messages on an automated basis.
RSD
Associates is not responsible for the contents of any
message transmitted through it's systems (except for administrative messages
such as confirmation emails which originate with RSD Associates). RSD
Associates transmits messages in good faith and cannot be held responsible for the views or opinions of any message content.
Limitation of Liability
The user expressly acknowledges and agrees that use of the
SMS
Services and the Internet generally is at
the user's own risk and that the SMS
Services are provided “As is” and “As available” without any warranties or conditions whatsoever, express or implied.
RSD Associates will use commercially reasonable efforts to make access to the SMS
Services available to the user.
Termination
The user may cease use of the SMS
Services, and terminate or cancel this agreement, at any time without notice. Our
refund policy for message purchases operates on a
"no-questions-asked" basis. If, for whatever reason, you are not satisfied with
the SMS
Services we will refund the purchase price of all unused SMS/text
credits, subject to a 10% charge on all refunds.
RSD Associates reserves the right to suspend your use of the service without notice in the event of in-appropriate use of the service.
In the event of non-payment of overdue invoices RSD Associates reserves the right to suspend the service on serving 7 days notice via email.
In the event of termination or suspension of service any monies owing become due immediately.
Service Level Guarantees
We reserve the right to shut down our SMS
Services to permit routine maintenance. Scheduled shut downs will not have a duration exceeding
6 hours. Scheduled shutdowns will take place, as necessary, between the hours of
00:00am GMT and 06:00am GMT on a Monday. If emergency maintenance is required, we reserve the right to shut down the
SMS
Services without notice, albeit we will endeavour to notify
the user if practical or possible. We have contractual agreements with our service providers. These agreements satisfy our requirements in our provision of service. In the event that our suppliers fail to meet with their obligations, rendering us unable to provide the service to
the user, we will not be liable but will take issue with the supplier to prevent re-occurrence in the future and we will endeavour to
re-establish access to the SMS
Services as soon as possible.
Improper Use
The following
activities fall under the classification of improper use and will result in
the immediate suspension of a user's account:
1. Use of the SMS Service in connection with chain letters, junk
speed-mail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
2. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
3. Creation of false identities or forged mobile phone addresses or headers, or otherwise attempting to mislead others as to the identity of the sender or the origin of the
SMS message;
4. The sending of unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind;
5. Transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
6. Libel, defamation or slander of any person, or infringement of any person's privacy rights;
7. Transmission of any material that contains software viruses, software Trojans,
software worms, or any other harmful software program;
8. Interference with or disruption of networks connected to the SMS Service or
violation of the regulations, policies or procedures of such networks;
9. Attempts to gain unauthorised access to the SMS Service, other user accounts, computer systems or networks connected to the Service, through password mining or any other means;
10. Engaging in any other activity that RSD Associates
believes could subject it to criminal liability or civil penalty or judgment.
T&C
Effective Jan. 01 2004
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