GENERAL TERMS AND CONDITIONS
These are the general terms and conditions of Platinum Services Telecommunication Ltd. (“SMS-Smart”), with its registered office at: Suite 3, 64/1, Agiton Buildings, St. Anthony Street, San Gwann, SGN 1437, MALTA. Registration N°: C56826 – VAT N°: MT21036433.
These
are the general terms and conditions of SMS-Smart (“SMS-Smart”). The
following terms and conditions describe under which conditions you
(“User”) are entitled and able to use the offered services on www.sms-smart.com By
registering yourself, you accept the following Terms and Conditions. If
you have any questions regarding these Terms and Conditions, you can
contact us by using the contact form.
GENERAL
- SMS-Smart
reserves the right to modify these Terms and Conditions at any time. In
the event the Terms and Conditions are modified, the User shall be
notified not later than two (2) weeks in advance through the general
e-mail address registered in your account. In the event the User has not
objected to the modification within two (2) weeks after the
notification, the Terms and Conditions shall be considered to be
accepted by User. In the event the User does not accept the modified
Terms and Conditions, SMS-Smart will reserve the right to cancel the
account.
- These
Terms and Conditions apply to all offered services and in the context
of the offered services: offers, tenders, and agreements by and between
SMS-Smart and User.
- Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
- The
applicability of any purchase, delivery or other conditions of User is
expressly rejected. By completing the registration form User expressly
agrees to these Terms and Conditions.
SERVICES/PRICE
- All prices referred to herein are including taxes.
- SMS-Smart
cannot be held to its offers if the User could reasonably understand
that the offer or tender or a part thereof contains obvious mistake(s)
or error(s).
- SMS-Smart
reserves the right to change prices at its sole discretion. In the
event prices are subject to change, such change shall at any time be
mentioned on the website of SMS-Smart.
- SMS-Smart
shall not be liable for any short-term or long-term interruption of the
data transmission to the mobile phone of the User/receiver. SMS-Smart
expressly does not guarantee that an SMS message is always received
properly and on time and does not guarantee the complete and permanent
availability of all services.
- All
periods and dates specified by SMS-Smart are target dates unless
expressly agreed otherwise in writing. SMS-Smart will only be in default
after having been given a notice of default in writing and after being
granted a reasonable recovery period. SMS-Smart is entitled to have
certain proceedings or services carried out by third parties.
- All
payments to SMS-Smart must be made on a prepayment term. Within 14 days
after the payment date, in a manner specified by SMS-Smart, a proper
receipt will be sent to customers.
- The user is not entitled to set off any (alleged) counterclaims on SMS-Smart against receipts of SMS-Smart.
USER’S OBLIGATIONS
- User
must in every respect behave as a responsible and careful internet user
and SMS sender. When using the SMS-Smart services, User is required to
take into account the applicable legal rules and the rules set by
SMS-Smart. User guarantees to act in accordance with international rules
of conduct for SMS services and indemnify and holds SMS-Smart harmless
for damages caused by acts in violation of these rules of conduct.
- User
is fully responsible for the content of SMS messages sent by User,
customers of the User or a third party at the request of the User. User
indemnifies and holds SMS-Smart harmless for damages resulting from the
content of sent SMS messages.
- User
will not send messages which include content or expressions that harms
or can harm the interests of SMS-Smart or its Suppliers.
- User
will not in any way make use of the services of SMS-Smart for
utterances which are; unlawful, pornographic, abusive, racist,
discriminatory, inflammatory and/or illegal in any way, which shall be
determined at the sole discretion of SMS-Smart. The user guarantees that
the use of SMS-Smart services by him, will in no way infringe upon the
rights of third parties.
- SMS-Smart
is entitled to view – electronic or otherwise – any messages (sent or
to be sent) from User, in order to see whether the content meets or does
not infringe the provisions of this article.
- SMS-Smart
is authorized to suspend the performance of its obligations or
terminate a contract if User does not (fully) fulfill his obligations.
Furthermore, SMS-Smart and User are entitled to terminate (or have
terminated) a contract for the supply of services if the other party is
in suspension of payments, files for bankruptcy or is declared to be in a
state of bankruptcy. If at the time of termination/cancellation, the
User has already received any performance of the services, such services
and related payments will not be subject to cancellation. Amounts in
respect of already performed services – invoiced before the termination –
will be immediately due and payable at the moment of termination.
Without prejudice to its other rights, SMS-Smart is among other reasons
entitled to terminate the agreement with immediate effect when:
- User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
- SMS-Smart
considers the User’s medium might be contrary to public order or
morality, or could in any way be considered to be offensive or violent;
and/or
- SMS-Smart and/or its interest could in any way be harmed by the acts of the User.
- SMS-Smart
has the right to terminate the registration of a registered User if the
User has not used the services of SMS-Smart for a continuous period of
twelve (12) months. Any remaining credits will be canceled.
- Complaints
with regard to performed services should be reported by means of a
written notice by the user to SMS-Smart within 8 days as of the date of
discovery. The notice must contain a description of the failure as
detailed as possible, so SMS-Smart is able to respond adequately. If a
complaint is legitimate, SMS-Smart will perform its service (again),
unless such performance demonstrably does no longer serve the User’s
interest. The latter should be expressed in writing by the User.
- User
is not allowed to use SMS-Smart’s services for actions and/or behaviors
that are in breach of or contrary to applicable laws, regulations, the
agreement or these Terms and Conditions. This includes, but is not
limited to, the following actions and behaviors: 1. spamming: sending
unsolicited SMS with the same content; 2. violating copyright works or
any other conduct which violates the intellectual property rights of
third parties; 3. deception of others; 4. abusing the texts, or the
information from SMS-Smart; 5. offering products or services that are
not User’s, without the consent of the rightful owner; 6. offering
products or services which are not legal under the law of recipients.
- If User acts contrary to the provisions of this article, SMS-Smart has the right to terminate the agreement with the User with immediate effect and to charge User with an immediately payable penalty of € 5.000 per event. This penalty does not affect the right of SMS-Smart to claim higher damages relating to this matter. Any damage to SMS-Smart or third parties caused by acts contrary to the provisions of this article can be recovered from the User.
- Please, note! Due to tax regulation, individuals are only allowed to create accounts with real data inside and payments must be related only to the account registered. Double accounts are not be allowed if not previously discussed with SMS-Smart’s support.
TERMS OF PAYMENT
- User
shall be due to a fee (as determined by SMS-Smart) per SMS message.
Payment will be made in the manner specified by SMS-Smart.
- SMS-Smart
is entitled to change its fee for SMS messages. If User does not wish
to accept the changes regarding the fee and/or costs, the User is
entitled to terminate the agreement.
- SMS-Smart works based on prepaid (prepayment). User buys SMS credit (credits) and can use the purchased credit after payment.
- No
rights can be derived from the credits. Any remaining credits at the
end of the contract will be canceled as a result of the termination,
this without an obligation for SMS-Smart to refund. For details, please check our refund policy.
- For any new user sending their first payment, Sms-smart reserves the right to process it between 24 and 72 hrs. Before crediting a payment, to accomplish with taxation rules SMS-Smart might request at his own discretion, some information to the customer, like a valid id card showing name and residence and/or a bank statement and/or a utility bill. After this initial verification, payments will be processed in less than 24 hrs if the payment method used by the user, will remain the same.
- For each request for a refund without any reason, we reserve the right to keep 9.99 Euro for each payment.
GENERAL LIABILITY
- SMS-Smart
is never liable for any damages suffered by the User as a result of a
failure in the performance of the agreement, unless in the event of
gross negligence or willful misconduct of SMS-Smart.
- If
SMS-Smart is liable for any damages whatsoever, such liability is
limited to what is provided for in these Terms and Conditions.
- Besides
the cases mentioned in this article, SMS-Smart shall not be liable for
damages, regardless of the grounds on which an action for damages will
be based.
- The
total liability of SMS-Smart due to attributable failure in the
performance of a contract is limited to direct damages up to the amount
of the stipulated service fee or charge for a period of up to six (6)
months, with a maximum of 5.000 euro.
- SMS-Smart
is never liable for indirect damage, also including consequential
damage, lost profits, lost data, lost savings and damages due to
business stagnation.
- SMS-Smart
is committed to safely transferring User’s data. SMS-Smart, however,
does not guarantee the complete security of such data. The use of
SMS-Smart services is, with regard to the security of data, at User’s
own risk.
- User
indemnifies SMS-Smart for any and all claims by third parties
concerning intellectual property rights on material or data provided by
the User made available by the User, for the performance of the
services. The user also indemnifies SMS-Smart for other possible claims
by third parties who suffer damages in connection with the performance
of the services and which are attributable to the User.
PRIVACY
- SMS-Smart
will not use data from the User for purposes other than the provision
of services and will not sell such data to a third party.
- SMS-Smart
will not disclose any personal information of Users if explicit consent
is not granted or in the exceptional circumstance that such information
is required for legal purposes.
- SMS-Smart
will comply with the applicable regulations regarding privacy. In case
there is a legal obligation SMS-Smart will present data from User to
third parties.
- The
information within SMS-Smart’s storage is password protected so that
only the User has access to the User’s personal and account information.
The username and password supplied by SMS-Smart to User are strictly
personal and should be kept secret. The user is responsible for the
abuse of the username/password and shall immediately notify SMS-Smart of
any loss, theft and/or abuse.
- SMS-Smart
takes several measures to keep her and your data as secure as possible,
but SMS-Smart cannot guarantee the safety of the data. The measures
SMS-Smart takes in that context shall include (but not exclusively):
- Time restricted access to sensitive components;
- Two-factor authentication for sensitive components;
- Employee access to data on a need-to-know basis;
- Four eyes principle for several data including financial data;
- Extensive logging and monitoring (internal & external);
- Outsourcing policy with a confidentiality agreement;
- Data retention policy;
- Use
of an internal and external Compliance Officer to validate that the
internal procedures are being met required PES ( Pre-Employment
Screening, including a certificate of good conduct for each newly hired
employee.
MISCELLANEOUS
If the agreement, for whatever reason, has been terminated, SMS-Smart has the right to block the access to the User’s account.