TERMS & CONDITIONS
These terms and conditions are a binding legal agreement between customer (you) and Fast SMS contain provisions that disclaim, limit and exclude our liability to you and that indemnity us against claims and damages that it may suffer as a result of your conduct. By ticking "I accept these terms and conditions" button and submitting the request or otherwise registering for the services, you agree that:
You have read and understood these terms and conditions;Following receiving confirmation of Fast SMS’s acceptance of your request you will become bound by, and will abide by, these terms and conditions until this agreement is terminated in accordance with its terms. Take note that these terms and conditions may change from time to time. If you have used our services before, you cannot assume that the terms and conditions are still the same. You should re-read them regularly.Defined Terms
The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
- "Bulk SMS" means the dissemination of large numbers of SMS messages for delivery to mobile phone terminals commonly used for alerts, reminders, and marketing and also for information and communication between both staffs and customers;
- "End User" or "Recipient" means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a user using the services;
- "SMS" means a short message service provided by means of a text or data message to the cellular handset either on request of the handset user or via a pre-configured batch process;
- "Network Operator" means any party licensed to install, operate and maintain a cellular telephony network;
- "Services" initially, the messaging services and any such other additional services as agreed between Fast SMS and the customer (where such agreement shall be evidenced by the customer purchasing such services using the web tools) from time to time.
- "Website" shall mean all websites published by Fast SMS;
- "User" shall mean any natural or legal person who makes use of any of the services or who uses or visits the website.
Defined Interpretations
a. Headings are for ease of reference only and do not affect the meaning of this agreement;b. The singular includes the plural and vice versa and words importing a gender includes other genders. Other grammatical forms of defined words or expressions have corresponding meanings;c. A reference to a clause, paragraph, schedule or attachment is a reference to a clause or paragraph of or schedule or attachment to this agreement and a reference to this agreement includes any schedules and attachments;d. A reference to a document or agreement, including this agreement, includes a reference to that document or agreement as altered or replaced from time to time;e. A reference to a party includes its executors, administrators, successors and permitted assigns;f. The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;g. Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;h. A reference to any statute or other legislation is to a statute or other legislation as amended or replaced from time to time.Services
a. Fast SMS will provide the services to the customer in accordance with this agreement; and permit the customer to access and use the web for the purposes of receiving the benefit of the services from the commencement date until such time as this agreement is terminated in accordance with its terms.b. Fast SMS shall make all reasonable endeavor’s to ensure uninterrupted and continued use of the services, however the delivery of SMS messages is largely dependent on the effective functioning of network operators’ cellular networks, network coverage and the SMS recipient’s mobile handset.c. Messages shall be deemed to have been delivered when Fast SMS has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks or other servers.d. We may, at our sole discretion, alter or improve the service to you at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the service.e. It may be necessary from time to time for us to suspend the service that we provide to you for routine or emergency maintenance and / or repairs.
- We may at our sole discretion suspend your access to the service and / or cease to allow any transactions to be conducted by you if:
- You are in material breach of the agreement and / or any applicable codes of practice, guidelines, rulings or regulations of any national telecommunication’s regulatory authority or other competent body or authority relating to the service that may be introduced or made from time to time during the continuation of the agreement and with which you must comply or to which you have agreed to be bound;
- You are doing or have done anything unlawful in the course of using or relating to your use of the service;
- Network operator or a regulator requires it;
- At any time, the number of transactions that you are conducting exceeds any forecast you have given us of the number of transactions that you expected to conduct at that time (“Forecast”) or, in the absence of any applicable forecast, the number of transactions conducted by you at any time causes or is likely to cause congestion to any telecommunications network; or
- We are entitled to terminate the agreement for any reason, in which case we will give you appropriate notice as soon as is reasonably possible.Termination
a. Unless otherwise set out in the signature page and subject to earlier termination in accordance with these terms and conditions, the agreement is for an initial minimum 12- month period. The initial term will start on the contract start date set out on the signature page and shall expire on the expiry of the initial term.b. If at any time you wish to terminate the agreement, you must either:- Give us written notice to that effect within the 7-working day period from and including the contract start date set out in the signature page, such notice to take effect immediately; or - Give us no less than the required notice period, such notice to take effect no sooner than the end date. If you wish to terminate the agreement with effect from any date preceding such end date and are unable to do so for cause or any other reason under these terms and conditions, if you are such a customer under the agreement then you must pay us the charges due for each month (or part thereof) remaining of the initial term post-termination and any prepayment of charges that you have made to us will not be credited or refunded.
c. We may terminate the agreement immediately on giving you 14 days’ written notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for us to make the service available.d. Either party may also terminate this agreement with immediate effect by notice to the other party if:- The other party becomes insolvent, makes any arrangement with or for the benefit of its creditors, goes into compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator or other similar official appointed over its assets, is subject to an administration or similar order or ceases trading; - The other party commits a material breach of the agreement and (where such breach is capable of remedy) fails to remedy the breach within 14 days of a written notice from the party not in breach requiring its remedy; or - Any license required for us to operate the service is revoked, terminated or modified or, in the case of new license requirements being imposed, the applicable license: - Is not granted to us; or - Is granted to us but in such a way as to prevent us from continuing to make the service available or a network operator from enabling us to make the service available.
e. Termination of the agreement for any reason does not affect any rights that have accrued to either party under the agreement up to the date of its termination and those terms and conditions of the agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.