Terms and Conditions
The following are the Terms and Conditions for the use of Amsoft Service ("Amsoft Service" or "the Service") by the User ("user" or "client"). Any user availing this service shall invariably be bound by these Terms and Conditions.
IMPORTANT: In accordance to the Information Technology Act, 2000 (Government of India) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the BulkSMS2India.in website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions then you may not use the BulkSMS2India.in website. The reasonable use of the BulkSMS2India website shall automatically bind the user to this agreement.
You may please note that user has to agree to all the Terms and Conditions relating to this service agreement, and that user consents to be bound by and becomes a party to this service agreement from the moment he/ she places Amsoft's products on a website or /and accesses any part of the Amsoft service.
The User agrees that all the Terms and Conditions published here shall be binding. In case there are any contradictions between the product-specific terms and other conditions, as well as general Terms and Conditions, then the product-specific Terms and Conditions shall prevail.
DEFINITIONS AND INTERPRETATION
The Amsoft website includes all of Amsoft, including any page, part or element thereof, which is owned and operated by Hex Wireless.
1. THE SERVICE
The Service shall consist of the following: a browser interface, a message interface, an SMS gateway access, data encryption, data transmission, and data access, data storage and, wherever applicable, the synchronization software.
The User shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Service, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Service.
All the specified fees are payable upfront, prior to credits being activated. Amsoft will make no guarantees for the uninterrupted and continuous availability of the Service or of any specific feature(s) of the Service.
Amsoft reserves the right to change or terminate the Service and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. All the fees paid to Amsoft when such termination occurs are addressed in detail in the sections below.
2. USER ACCOUNT
To open an account for the usage of Service, it is essential that the User must complete the registration process by providing all current, complete and accurate information as will be prompted by the Registration Form. Entering inaccurate details will result in suspension. The User has to choose a login name. The user password will be sent to his email id that he had provided in the registration form. The User is to be entirely responsible for maintaining the confidentiality regarding his password and account information. In addition, the User will be entirely responsible for any and all activities that will occur under its account. Amsoft will not be held liable and respond to any third party claims and or actions taken with respect to services offered.
The User agrees to notify Amsoft immediately regarding any unauthorized use of its account or of any other breach of security.
3. LIMITATIONS ON MESSAGE AND DELIVERY
It is to be clearly understood that Amsoft assumes no responsibility for any deletion or for any failure to store information. Amsoft has not fixed an upper limit on the number of messages a User may send through the Service. This is apart from how many credits are left in the User's account; however, Amsoft reserves to itself the right, at its sole discretion, to determine whether or not any or all Users conduct is consistent with the letter and spirit of the Service Agreement. It may terminate the Service if the User's conduct is found to be inconsistent with the Agreement. Please refer to the detailed procedure for termination of the service. Amsoft has the right and may, in future, after prior or without prior notification, limit the storage space that may be available to each User.
4. FEES AND PAYMENT
A. In consideration for the use of Amsoft's services, the User agrees and shall pay to Amsoft a sum called a transaction fee or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the prescribed and applicable rate then in effect. Amsoft may, from time to time, and at its own discretion, offer limited time "Free Trial" or similar type or different promotions during which period no transaction fees or reduced transaction fees may apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
B. All fees are payable upfront. Upfront payment refers to payment that is made within a reasonable time so as to allow Amsoft to add the SMS credits to the client's account.
C. Payment shall be deemed to have been made, as soon as the fee is available in Amsoft's bank account.
D. Manner of payment - All products have the following payment options available--
· Credit / Debit Card via on-line payment gateway
· Cheque / Demand Draft / Cash deposit into our Bank Account
5. WARRANTIES OR LIABILITIES
While it is to be understood that Amsoft will make all efforts to ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and to make all upgrades to the Amsoft API available to the User in a commercially reasonable and timely manner. The User acknowledges that Amsoft cannot guarantee the availability of a Carrier's SMSC. The user expressly acknowledges and agrees that the use of the service is generally at its own risk and that Amsoft's service is being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied. Amsoft will use commercially reasonable efforts to make the access to its services always available to the user through the required access protocols, but makes no warranty or guarantee that the user will be able to access Amsoft at any particular time or any particular location.
6. THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for the " Warranties and Liabilities" set forth in Section 10 herein are for the benefit of Amsoft and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
Amsoft shall take all reasonable steps to secure the content of the Amsoft website and to secure the information provided by and collected from Users to prevent unauthorised access and/or disclosure. However, Amsoft does not make any warranty or representation that the said content shall be 100% safe or secure.
Amsoft is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the Amsoft website.
Users are not permitted under any circumstance to deliver or attempt to deliver, whether deliberately or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Amsoft website or the server and computer network that supports the Amsoft website.