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Definitions here under:
The User: The Client
The Company: Pinnacle Solution for eZeeSMS (Services),
Redg Office: 1st floor, Plot No: 7, Navab Layout, Tilak Nagar, Nagpur (M.S).
General terms of use - Acceptance of Terms & Conditions:
The users are asked to read the following terms carefully before The user accept these Terms and condition by signing the SMS Service Agreement of eZeeSMS (Services) under Pinnacle Solution.
EZeeSMS (Services) is made available by a web interface www.ezeesms.com and is the copyright work of Pinnacle Solutions. Use of the Services is governed by the terms of this agreement or any other document describing features and conditions.
Pinnacle Solutions provides access to its eZeeSMS (Services). This is realized through an account that allows The users to send short messages (SMS) and send up to 160 characters in SMS format to the recipients defined in The users database. eZeeSMS (Services) will attempt to deliver all of the SMS messages that The users have addressed to eZeeSMS (Services).
The users obligations:
In consideration of The users use of eZeeSMS (Services), The users agree to be solely responsible for:
- Providing true, accurate, current and complete information about Self and other down line user under its group.
- Maintaining and promptly updating the Data to keep it true, accurate, current and complete.
The users are responsible for the access of the SMS-Systems by any third person. This especially refers to all costs and charges for all, without limitation, messages that eZeeSMS (Services) sends out are under The users account. The users are solely responsible for the security of The users password and should under no circumstances make it available to any third person (s).
The users agree that they are responsible for the Content of messages that The user submit, and The users, not eZeeSMS(Services), have responsibility for the
Content, including its legality, reliability, appropriateness, originality and copyright. The users agree to not use the Services to intentionally or Unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. A recipient that does not wish to receive SMS messages services including advertisements or promotions and states
this clearly to eZeeSMS (Services) or The users, has to be removed from the system list for the time being The user may not send to same client but in future The user may take these clients on its list with same name and number. If The users use the Services for customized advertisement or promotion, The users message has to contain a hotline or a help line or a feedback Phone Number.
The users should not use the Company’s system (eZeeSMS) for any unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages affecting / infringing upon national or social interest nor create or cause any damage to any group or person (s).
Billing and Payment:
The billing system is agreed to be prepaid. The billing cycle is monthly and ends on the last day of the month.
Rates / Tariff:
The rates are based with respect to the slabs considered for delivering the messages with additional government Service Taxes as applicable.
The rates may vary for high quantum slabs on mutual agreed negotiation.
Technical Support Terms:
The Client/User can be provided with a admin control thru the website at their end to monitor the accounts and usages of self and down line users. This service may attract any cost thereof. The User can create its down line user accounts and allot them credits from their own credit limits.
Duration and Termination of Agreement:
This Agreement runs for an indefinite period. The Agreement can be terminated by any of the party at any time by written notice at the address mentioned
herein in writing to the other party under keeping to a notice period of 30 days prior to the date of the termination of Agreement.
eZeeSMS (Services) under Pinnacle Solution, after giving a show cause notice to the user and is not satisfied with the explanation provided by The user may terminate The users password and use of the Services, and remove and discard any Content within the Services if eZeeSMS(Services) believes that The users have violated or acted inconsistently with the letter or spirit of this Agreement.
Notices and Modification of Agreement/Services:
eZeeSMS (Services) may send notices to The users via e-mail or regular mail. The Services may also provide notices of changes to the Terms of this Agreement or other matters.
eZeeSMS (Services) reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any party thereof) with 30 days prior notice.
Changes in pricing such as the monthly minimum turnover /slabs or the price for short messages (SMS) will be made available to The users with prior notice of 30 days. If The users don't send a written acceptance for the Agreement within 30 days to eZeeSMS (Services) keeping to the period of notice as defined in this Agreement, it shall be consider “The users” agree to any changes in pricing or changes of the terms, whichever is applicable.
Disclaimer of Warranties:
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a) The users use of the Services is at The users sole risk. The Services and information as defined under eZeeSMS (Services) are provided on an "as is" and
"as available" basis. eZeeSMS(Services) makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Content transmitted via the Services. Any disputes arising under this agreement will be subject to Jurisdiction at Nagpur (India).
Under no circumstances can eZeeSMS (Services) under Pinnacle Solution, guarantee the delivery of messages. eZeeSMS (Services) is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary
Damages caused by, but not limited to, delayed or failed delivery of short messages (SMS).
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b) eZeeSMS(Services) makes no warranty that:
- The Services will meet The users requirements,
- The Services will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the Services will be accurate or reliable.
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c) Any material obtained through the use of the Services is done at The users own discretion and risk and The users are solely responsible for any damage to The users computer system or loss of Data that results from the download of such material.
d) No advice or information, whether oral or written, obtained by The users from eZeeSMS (Services) will create any warranty not expressly stated in the terms of this Agreement.
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