Terms and Conditions

1.INTRODUCTION

This agreement shall be governed by the rules and regulations of the authorities of the government of India. Please read this agreement carefully. This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under www.smskaro.co.in Service agreed by you. usage of the service is limited under all the terms & conditions here with published.

2. LIMITATION

You can send Bulk messages to Your Customers using our Company’s Service. Our Company provide access to the Bulk SMS Service through a Web Application,API or any other mode. Company may withdraw or limit the Service or any features.

 

Services Guidelines:

  • Services will be activated after the receiving of the full payment.
  • If SMSKARO activated any customer’s services without payment and that payment not been paid by the customer as per the given timeline then those services can be blocked at any time without notification and can be restored after the complete payment of the invoice.
  • Any Reseller cannot use SMSKARO name to sell and buy SMS. if they are using our name its crime and SMSKARO may take necessary legal action.
  • 100% SMS Delivery Report and Delivery of SMS are Not guaranteed.
  • Promotional SMS Cannot be delivered on DND Number
  • We are providing only Template based Transaction SMS with the proper legal documents.

3. YOUR OBLIGATIONS

You will be responsible to:

  • Any data lose like Groups Database which you created, Import Contacts, Files like csv, xls, XLSX, txt and any SMS Delivery report hence please keep backup with you.
  • Maintain the security and integrity of Services and the Site;
  • Purchase your own domain on which You will host your website;
  • Comply with these Terms and any directions issued by Company from time to time;
  • Safeguard any User ID and Password allocated to You. You shall be solely liable for all acts, authorized or unauthorized and any use/misuse of the User ID and Password and any actions occurring under your account, which shall be deemed to be made by You;
  • Comply with all relevant legislation, regulations and any directions issued by a governmental or statutory authority, which applies to the provisioning of Services to Your Customers , including but not limited to directions and guidelines issued by Telecom Regulatory Authority of India;
  • If You are a Reseller of our Bulk SMS Services, You will be required to enter into a definite agreement with Company.
  • In case You are appointed as a Reseller of Our Services, You will be personally liable for all acts and omissions of any user of Service to whom You have provided access to the Company’s Service.

4. PROHIBITED  GUIDELINES

  • Illegal use: Any illegal use of Bulk SMS service is strictly prohibited, if found Genius Business Corporation will take the legal action against you. Our Services can be used According to Law only. You shall not Send or transmit using Bulk SMS Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene.
  • Messages containing any Govt Organization Name, Office Address, Email Address, and Phone Or Mobile numbers like (Police, CID, Income Tax, Sale Tax, Ministry, Army, Navy or any name which is driven by Indian Government or comes under Indian Government) are not allowed without the permission of respected Govt Organization.
  • Lottery sms completely not allowed if pushed then legal action will be taken.
  • You accept that the service is provided for professional use only and you agree not to use it to Promote alcohol, music, dancing, dating, gambling or deception.
  • Security: Violation of system or network security is prohibited, and may result in criminal and Civil Liability. The Company will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
    • Interference with Service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
    • Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
    • Harassing or threatening transmissions.
    • Probing for means of gaining unauthorized access to computers or networks.
    • Introducing or causing to introduce any computer contaminant or computer viruses into system or network.
    • Introducing or causing to introduce any pornography material, SMS etc.
  • SMS Delivery Guidelines

  • It is a condition of use of Bulk SMS Services that You do not post or transmit or allow any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic.
  • You are free to determine the nature of content of the SMS, however, such content must not violate the restrictions imposed under these Terms.
  • You cannot use any sender Id to send SMS other then Your own name, or a company or firm’s name owned or managed by You. If You use a sender Id other than the one owned by You, Your account shall be terminated and all credits will be set to zero & we will take the legal action against you.
  • You should register the 6 Character sender ID before sending any SMS. It requires 24 hours to register the Sender ID. You shall be responsible for messages sent through the your registered Sender ID. As You only have the complete control of the Sender-ID, you agree not to misuse this facility.  The Company has no control on the contents of the SMS sent and we are not responsible directly or indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by Company through Company network.
  • You will not send unsolicited SMS (also referred to as ‘spamming’)  All SMS sent by You using Company’s Network must conform to IT Act 2000 and other relevant laws of India or similar provisions as applicable in your country of operation. Any violation of terms of this clause will be Your sole responsibility. Company shall not be responsible for any delay, non receipt of SMS or any other interruption in providing interconnection, which may occur due to technical reasons or snags in the system, break down of Company’s Network or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of Company.
  • Length of SMS  Yes you can send messages upto 800 characters . 1 credit will deducted for every 160 characters in English & 70 characters in Unicode (Like Hindi , Punjabi) . Suppose you have 220 characters message in English . It ll take 2 credits. or 220 characters in Hindi, it ll take 3 credits.
  • National Do Not Call Registry  You hereby agree and undertake to fully comply with the Telecom Unsolicited Commercial Communications Regulations, 2007 (the “TRAI Regulations”) and its amendments and Guidelines for Telemarketers, issued by Department of Telecommunications (“DOT Guidelines”) and such other orders and directives issued by TRAI/ DOT from time to time in this regard and also undertake NOT to send, under any circumstances, any promotional messages using the Services, auto dialers USSD messages, WAP messages or in any other manner to any Customer, who is listed in the National Do Not Call Registry (NDNC). In case of non-compliance of DOT Guidelines, ACL in its discretion may terminate your account.If You use the Company Services for sending any international SMS message to a Customer, You shall be solely liable to comply with any legislation/ guidelines similar to TRAI Regulations and DOT Guidelines applicable in such Customers country of residence. You agree to indemnify and hold harmless ACL from any liability, claims, demands, damages or expenses (including reasonable attorney or other professional fees and disbursements) arising from or relating to your non-compliance with this Clause. You shall be personally liable to indemnify ACL from all claims, losses, damages, penalty, etc., arising out of relating to acts, omissions, non-compliance to this provision by any user to whom You have provided access to the Services.

5. PAYMENT & REFUND

a. Payment
  • We Charge Service Tax 15% on Amount and 2% on total amount if customer pay with any third Party Payment Gateway.
  • In consideration of Company forwarding the SMS through the Services, You shall pay in advance the agreed amount per SMS + taxes (“Fees“) as applicable for SMS sent by You or a user.
  • Company shall charge for all the SMS routed by Company through its Network. Company will notify any change in tariff to You through the Website.
  • The use of Platform is available only on a pre-pay basis. You will purchase the pre-defined credits from Company for your use.
  • Company will charge Taxes as applicable to the Services.
  • Company will accept the payments in Indian National Rupees (INR), Euro, Dollar or such other currency as it may specify on website from time to time. Our company accepts payment through bank transfer, DD, third party payment gateway and Cheque payable at par.
  • Company shall not be responsible third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
b. No Refund Policy

Before agreeing to these Terms and starting any relationship with Company, You are advised to test our Services. Company does not offer any refund of money at any stage or in any condition once You agree to these Terms, unless otherwise agreed in writing by the Company through a duly authorized signatory. We SMSkARO do-not have any refund policy, funds or payment transferred to us will never be refunded. So kindly test our services well before making any bigger transactions..

7.TERMINATION

  • It is a condition of use of Bulk SMS Services that You do not post or transmit or allow any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic.
  • You will not send unsolicited SMS (also referred to as ‘spamming’) otherwise your account will be terminated.
  • You will not send any SMS which is related to Property & Share market otherwise your account will be terminated.

14. PRIVACY

Company respects your privacy and will keep your personal data in strict confidence and shall not use it beyond the scope of this Agreement without your written consent.

Scrubbing

  • Promotional Messages will be Scrubbed i.e. messages will not terminate on DND numbers except for NCPR (based on customers preference)
  • Transactional Messages will NOT be Scrubbed i.e. messages will be terminated on DND numbers.

Timing

  • Promotional Messages will be delivered from 9AM  to 9PM only.
  • Transactional Messages will be delivered 24 x 7.

Sender ID

Promotional Messages will have Unique sender IDs based on the categories as listed in NCPR. Categories are as follows:

  • Banking/Insurance/Financial products/credit cards
  • Real Estate
  • Education
  • Health
  • Consumer goods and automobiles
  • Communication/Broadcasting/Entertainment/IT
  • Tourism and Leisure
  • None of the above categories

18. LAW AND JURISDICTION

These Terms and the services hereunder shall be governed by the laws of India. Any disputes and differences arising under or relating to these Terms shall be resolved by arbitration as per Arbitration and Conciliation Act of 1996 by a single Arbitrator to be appointed by the Company.

Note: We are not liable to send any update via email and SMS about terms and condition so please read terms and condition time to time and be updated.

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