Terms and Conditions

A private corporation with limited corporate liabilities ‘marketosms’, The agreement governs consumer’s accession and use of services by consumers. Implementation of order form refers that consumer who is using service agree to the agreement terms when using our services as of effective date. Any violation or change in the agreement must be agreed upon by writing.

Whereas:

  1. Marketosms is an SMS service provider and offers solutions to enterprises and companies to have better electronic communication in the market and with consumers via the Marketosms cloud communication platform.
  2. Marketosms is an admirable cloud communication service for every consumer.
  3. Marketosms intends to provide consumers with cloud communication service and consumer loves to use and pay for what they use, according to conditions and terms of the agreement. That’s why, parties agree to terms, covenants, and agreements. This includes:
  1. Definitions
    1. 1-way SMS is Latin alphabetical SMS contains up to 160 characters that deliver, admit, process, and store SMS from consumer to end-users.
    2. 2-way SMS contains Latin alphabets with up to 160 characters that admit, store, deliver, and processes the SMS between producer and end-user. It may include.
      1. Outbound SMS: Outbound SMS is sent from producer to end-user.
      2. Inbound SMS: SMS that is being sent from end-user to producer.
    3. Agent: The agent is an individual who is authorized to get access to producers’ purchased subscription inbox.
    4. Affiliate: Affiliate is any other party of subsidiary or can be any holding firm of that party.
    5. Agreement: Pact or agreement is the list of terms and conditions that annexes, agenda, and exhibits it.
    6. API: API is an application program interface that connects one interface to any other pre-developed infrastructure for electrical communication.
    7. Application: It is a software-based tool through which the platform utilizes and operates the provided visual interface design.
    8. Channels: Point to point information is exchange between the producer and customer through services called channels, that information might be a message, email, or voice note.
    9. Claim: The claim is the demand, proceeding, or suit that any third party made out of the customer-producer relationship.
    10. Commercial launch date: It is a specified date when Marketosms will start charging its customers for services, that date is mentioned in order form or dashboard of Marketosms.
    11. Confidential information: Surety of the security of the information by the party that is specified or can be written or oral that assures may be to one responsible individual under certain circumstances. To assure avoidance of risk and doubt specific information is called confidential information for a party that can be, cloud documentation service, details of the platform, information of the customer, communication services, or any information passed by the customers to the party.
    12. Cloud communication service: All services that Marketosms provides to the consumer or end-user including support services, API, channels, and solutions to the dashboard dealing and subscription as well, are cloud communication services.
    13. Customer: Customers are the people or entities to which Marketosms is providing services and which companies or business enterprises work.
    14. DPA: DPA data processing annex, an agreement former, prevails in case of any conflict, complaint, or inconsistency of agreement.
    15. Email: Marketosms provides internet protocol to store, process, and onward delivery of electronic mails.
    16. Data protection legislation: It is the protection and security of all data provided to Marketosms which requires data protection under general data protection regulation
    17. Dashboard: the customer portal https://dashboard.marketosms.com/ available on the website is the dashboard.
    18. Effective date: When
      1. Both parties practices order forms
      2. Whenever any consumer registers an account on marketosms.com, the dashboard of the website.
    19. Facebook: It consists of messages sent from the producer to the end-user and from the end-user to the producer. Both inbound and outbound messages are involved.
    20. Fees: Consumers pay some price for access to the services of the Marketosms and to use cloud communication services that were agreed upon by them in the order form.
    21. Guidelines: These are terms and instructions written order form.
    22. Inappropriate content: any content or material that is:
      1. Any unrequested content that can be a scam and that can be junk of emails, etc.
      2. Spam or fake according to any applicable or practical law.
      3. Any virus that can cause any harm to the system, program, or platform performance of consumers or producers.
      4. Content that is against lawful requirements or third party’s application in terms of suit or complaint.
      5. Content that includes inaccurate, discriminatory, judgmental, harassing, threatening, racist, abusive, or pornographic material.
      6. Any material or content that is inappropriate according to Marketosms that it discourages or intimidates. This discrimination can because of sexual nature, ethnic or racial based, that might be prejudicial action.
      7. That can be illegal and immoral in any other way.
    23. Inbox: Inbox is the tool of interaction of agents of customers with end-users.
    24. Integration: It is the coordination of the system with any third party out of producer and SMS market.
    25. IP Message: IP message is sent without limitation of Facebook, messenger, and WhatsApp by accepting, storing, and processing of messages via protocols that are preferred by third-party applications as over the top messaging.
    26. License Material: All documentation either in the form of API or software by MarketoSMS is licensed material.
    27. Managed Services: Managed services provide support plans to support consumers and give them services like on boarding.
    28. Message: Message is the content that is transmitted between the service user and service giver, which can be a textual, numerical, or graphical form of content.
    29. Marketosms library: Use of cloud communication service available at https://developers.marketosms.com/. That is a resource used by the developers.
    30. Order form: Clause 17.2 of the agreement refers to a document called order form.
    31. Party: Parties or party is referred to the Marketosms, individually or collectively.
    32. The network adds on: Telecom additional services of Marketosms
    33. Platform: Cloud communication platform of the Marketosms.
    34. Solution: Specific results are produced by a predefined process that is designed by the platform employing pre-configured components of Marketosms to communicate with clients and customers through channels.
    35. Third-party application: Cloud communication service of Marketosms inter operates with the networks, systems, and web-based or software applications.
    36. Third-party application term: Term, rules, or conditions that are directly or indirectly applied to customers to use third-party applications for use of the policy.
    37. Trial period: The period which is given to companies or customers to use services free of cost.
    38. Subscription: A plan that is used by customers to access the services of Marketosms.
    39. Subscription fees: Subscription is compulsory for customers to access the services, the fees paid for access is subscription fees that can be downgrade or upgrade by time and charged monthly or yearly. Downgrade subscription results in cancellation of membership and the customer have to apply again for renewal. While for upgrading subscription, the customer pays for high-tier for the remainder of terms.
    40. Support plan: Marketosms provides support services to customers via support plan according to given guidelines. Conditions that are followed are:
      1. Customers can alter the support plan within thirty days by writing a notice to Marketosms.
      2. Customers can apply for upgrading at a higher level of the support plan.
      3. Customers cannot request for the downgrading of support plan up to six months from the date they had requested before.
    41. Transactional fees: Fees that are paid for use of service b customer.
    42. Virtual mobile numbers (VMN): Add on programs use to forward the messages to pre-set numbers by the 2-way SMS that is mandatory for customers. These preset numbers can be codes, mobile, or fix net numbers.
    43. Voice: Voice interconnection messages and services between producer and customers are delivered, stored accept, and processed.

Fees:

  1. Customers pay fees that are set in the order form and make them applicable.
  2. Fees that are borne by the customer is free of taxes and other government levies. Any transactional and banking fees are also excluded.

Provision of services:

  1. Subject to the terms and conditions of the agreement are provided by a cloud communication service. These subjects are specifically described in order forms and annexes.
  2. To pursue this agreement, the Marketosms will provide a cloud communication service.
  3. Services of the Marketosms are not designed for household use and to use by individuals but its services are designed to serve companies and business enterprises.
  4. SLA: If the Marketosms fails to be up on time, customers can claim according to SLA. Marketosms provides services according to SLA.
  5. Use of third party application: Customers can interlink, connect, and interchange services via cloud communication service. Marketosms allows third party access to services on behalf of the customer. By using these kinds of third-party applications, a customer who is subscriber agrees with the terms that are written there in the order form. Marketosms does not have any liability in connections because the customer is warranted to comply with applicable third party application terms to avoid any doubt.
  6. Changes to the services: Marketosms allows customers to change functions and features of platform or connectivity services, all rights of individual enterprise use are reserved that explains that any change in cloud communication service will be according to SLA and will adversely affect one software instead of whole.

Pricing and payment terms:

  1. Invoicing: To avoid any kind of doubt Marketosms starts charging fees from customers when a customer starts using cloud communication service via the dashboard or according to the commercial launch date.
  2. Overdue charges: In case of delay in payments that are written in the order form on the dashboard Marketosms can charge 1 percent interest or the maximum amount that is allowed by law. It will be a breach of agreement terms if a customer overdue its payment obligation for more than 30 days.
  3. Monthly credit limit: Customer will adhere to the monthly credit limit in case of applicability. Customers will be invoiced by the Marketosms if it does not reach the monthly credit limit until the end of the month by using services. But if a customer reaches the credit limit before completion of the month, Marketosms will invoice customers that will be quickly payable and durable.
  4. Suspension of services: In case, if the customer exceeds monthly credit limit that is specified there in the order form on the dashboard or doesn’t comply with payment obligations Marketosms may suspend provisions of cloud communication services.
  5. Fees changes: Marketosms has the right to change fees structure for its services anytime without a specifications order form. This fee structure and new information will be published on https://marketosms.com/pricing
  6. Prepaid credit: Besides the rules mentioned there in the order form, the Marketosms is not responsible for refunding the prepaid credits, that are purchased by the customer but remain unused.
  7. Currency: The currency of this agreement is defined in the order form. In case the payment is not made in USD then it will be calculated according to the exchange rate listed on www.oanda.com stated on the day payment is made.
  8. Payment disputes: In case of any breach of the agreement by Marketosms customers can claim disputes over it. This can be billing discrepancy or invoice issue or any other case issued within fifteen days after the date of notice or invoice by Marketosms. If the customer fails to support his claim, he no longer will have the right to claim dispute under the agreement with the Marketosms. Customers agree that any payment or billing on services should be relevant to services. Any claim or dispute does not delay or uphold any payment obligation by the consumer.

Non-disclosure of confidential information:

  1. Confidential information of disclosing party will be used by the receiving party only for the recipient or provision of cloud communication services. Marketosms will share the information to service providers for only a ‘need-to-know’ basis that has legal obligation to keep the information confidential with its employees, affiliates and other contractors.
  2. Under extent permitted by law, the receiving party can disclose confidential information but only if these are compelled by law and court in connection with judicial proceedings,
    1. Notice will be given to the other party before disclosing information.
    2. All possible efforts are done to minimize the disclosure.
  3. Each party under the agreement will hold confidential information that is obtained from another party under provisions of marketosms.
  4. Information that is not confidential includes:
    1. Independently arranged by receiving party that development can be shown even by evidence.
    2. Information that third party itself discloses.
    3. Some information is publically known and that does not include in unauthorized disclosures.

Data Protection:

  1. Marketosms will delete personal data of the customer after the end of provisions under agreement by keeping information that is required under applicable laws and regulations.
  2. For providing cloud communication service to the end-users marktosms processes the personal data on end-user, so the position of marketosms as a data processor is acknowledged by marketosms.
  3. Each party, service providers or marketosms shall comply with Data Protection Legislation that ensures that all data provided will be used for the purpose described in the agreement.
  4. Marketosms uses the personal data for processing under instructions of customer that customer allows and confirms after reading and agreeing with the privacy statement of marketosms and ensures that marketosms complies with DPA.
  5. Customer ensures the use of personal data to marketosms under provisions of agreement and consents granted under data protection legislation and by acknowledging marketosms can monitor any Electronic Communication received or sent by the customer or service provider for use of Cloud Communication Services.

Proprietary Rights, Licenses and Trademark:

  1. No party is allowed to use logos, trademarks or trademarks of another party without prior written consent by other parties.
  2. Marketosms allows the use of information under provisions of the agreement that are necessarily granted to parties concerning licensed material.
  3. Customers are allowed to use all information and have rights to access the information under licensed material of the agreement.
  4. Marketosms allows its customers to use personal, nontransferable and nonexclusive licence to use cloud communication services under the terms of the agreement to use licensed material.
  5. No customer is allowed to distribute, sell, resell, give availability lease or license any of the cloud communication services to the third party but this restriction is not applicable on affiliate for use of Cloud Communication Services.
  6. Customer is granted just those rights that are granted to it under agreement otherwise the customer is limited to use rights to use cloud communication services and licenced material that includes rights related to intellectual property.

Warranties:

  1. Marketosms disclaims any warranty implied to merchant quality, merchantability or suitability for any purpose moreover, marketosms does not make warranties concerning cloud communication services or platform to implied or statutory.
  2. Marketosms does not make a warranty on the transmission of cloud communication services or its communication; it can’t remain uninterrupted or error-free to get properly to end-user or customer due to possibility of errors in a communication system.
  3. Customers ensure that marketosms is a company having the power to agree by representing our services after usage. If the customer misrepresents the confirmation rights that marketosms reserves, then marketosms has the right to withdraw from the agreement without being liable to penalties and damages’ cost.
  4. End-user and consumer warrants and represents that use of cloud communication services is applicable with all local requirements in its operation under jurisdiction.
  5. The user of cloud communication services ensures the compliance with licences, permissions and consents marketosms provides to its users.
  6. Customer is granted just those rights that are granted to it under agreement otherwise the customer is limited to use rights to use cloud communication services and licenced material that includes rights related to intellectual property.

Force majeure:

Besides payment fees, each party to which marketosms is providing services will be excused from the delays and failures that are resulted in reasonable causes and cannot be fixed and avoided through diligence that includes flood, natural catastrophe, flood, fire, laws, orders, directions and maybe by any terroristic action. This may include all those happenings that are not under the control of marketosms that can be the failure of third party application, digital links and communication network's failure, insurrection, war, national emergency, etc..

Injunctive relief:

Both parties agree on the legal use of cloud services and acknowledge that any breach or unauthorized use of intellectual property may cause harm certainly to both parties. According to the agreement, remedies to which both parties are entitled will have injunctive relief in event of such breach.

Early Access and Beta products:

Marketosms wishes to provide its customers with new features and services and wishes to test its released beta services and features. Marketosms requests to test in writing all these features and beta services provided. These tests are available under laws without any contractual commitments, penalties, and warranties.

Trial period:

All rights and obligations that are set in the agreement are applied for the use of services even in the trial period. The consumer is entitled to terminate the agreement free of cost before the expiration of the trial period. If the customer does not terminate the agreement before the end of the trial period, will result in applicable fees.