SMS T&C

SMS Service: Terms & Conditions

 
 

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

 

 

 

© RSD Associates 2003