This Service agreement on service www.EasySendSMS.com (hereinafter referred to as “Agreement” is a public offer of Easy Send SMS addressed to any natural person and/or legal entity (hereinafter referred to as “Users”). It is an official and public offer to sign an agreement, the subject and terms of which are indicated in this Agreement.
Hereinafter referred to as the “Parties” and separately as the “Party”,
Whereas the Company has generated Service www.EasySendSMS.com and offers it in the form of the facilities and whereas the User is intended to start paid use of this facility of the Service www.EasySendSMS.com , the Parties have signed this Service agreement on Service www.EasySendSMS.com on the following:
User – natural person or legal entity who has signed an Agreement with the Company by means of acceptance of the public offer on the Company Web-site.
Web-site – Web-site of the Company,www.EasySendSMS.com
Service www.EasySendSMS.com – a set of hardware devices and software owned by the Company which allow process SMS-messages: store them till the moment of sending, deliver to Subscribers and receive them from Subscribers, maintain records and statistics on the incoming and outgoing SMS-messages (hereinafter referred to as “Service”).
Facility – sending and receiving of SMS-messages (hereinafter referred to as “Facility”).
Personal account – multifunctional web-interface of the User in the Service located at the address http://www.EasySendSMS.com access to which is implemented upon the authentication, i.e. entering of login and password. In the Personal account, the User performs sending and receiving of SMS-messages, looks through the statistics, tracks out the state of the Electronic account, etc.
SMS-message – short text message (up to 160 characters of the Latin alphabet and up to 70 characters of the Cyrillic alphabet) which can be sent and received by the Subscriber.
Electronic account – the sum which shows the User’s current balance in the Personal account, i.e. the difference between monetary funds paid by the User in the form of advance payment and cost of rendered Facility by the Company. In case of the negative value, it shows the payable indebtedness of the User to the Company for the already rendered Facility.
Subscriber – natural person or legal entity which uses mobile services of any telecom operators.
Gateway – combination of all hardware devices, software and other equipment required by the Parties for the transfer of SMS and other data between networks of the User and Company.
Spam-SMS – any SMS for receiving of which the Subscriber has not preliminary given his consent irrespective of its content which conforms to at least one of the following criteria:
SMS have the same text and/or graphical objects, audio or video files and are of the mass character, i.e. are delivered to more than ten Subscribers without their preliminary consent.
SMS with the same or different text are delivered to the same Subscriber for more than 10 (ten) times per day.
SMS which have resulted in the submission of complaints by the Subscriber or occurrence of obstacles of the technical character in operation of the Company gateway or operator’s telecommunication network.
SMS does not contain reliable information on the full name of the User and/or number of the phone line of the maintenance service.
Further receiving of SMS cannot be terminated by the Subscriber by means of informing the User about that.
SMS test of which has not been preliminarily coordinated with the Company in case if such a coordination of the text is compulsory according to the terms of this Agreement.
Number of the phone line of the maintenance service – phone number of the functional department of the User or the third party involved by the User on contractual terms which provides service backup for the Subscribers related to Facilities rendered by the Company within the frameworks of this Agreement, in particular, consulting, acceptance of complains, giving consent and/or prohibition for receiving SMS from the User or another one.
Alphanumeric Name – a unique combination of Latin letters or a unique combination of Latin letters with Arabic numerals (not more than 11 characters) which is assigned to the User according to his expression of will and which is showed in SMS-messages transferred to Subscribers as User’s signature.
Acceptance of the Agreement
This Agreement comes into effect from the moment of clicking the button “Agree with the terms of the public offer” in the course of purchasing Facility/service and is valid within the whole period of using this Facility by the User.
By clicking Agree with the terms of the public offer” the User proves that he has come to age, has enough dispositive legal capacity and legal competence in accordance with the legislation of his state and the state of Belize and is obliged to prevent the use of the Facility by minors, incapable persons (including partially incapacitated) and bears personal responsibility for the admission of such persons to the use of the Facility.
The fact of clicking the button “Agree with the terms of the public offer” proves that the User understands all his rights and obligations in the full amount and he unconditionally accepts the terms of this Agreement.
Subject of the Agreement
Within the frameworks of this Agreement, the Company grants to the User the following Facilities/Service: sending of SMS-messages and receiving of SMS-messages via the Web-site.
Using Facility/Service of the Company is equal to the use of Company software by the User for SMS-messages sending and receiving.
The terms of this Agreement are fully accepted by the User.
Rights and obligations of the Parties
Rules of Facilities rendering
Facilities are rendered only to the User who has signed with the Company the Service agreement on Service www.EasySendSMS.com .
The Company renders Facility to the User within the frameworks of the Personal account in Service www.EasySendSMS.com .
The User registers the Personal account in Service www.EasySendSMS.com which is located at the address https://EasySendSMS.com.
In the course of the Personal account registering the User indicates the authorization data: personal login and password for entering the Personal account.
The moment of SMS-message sending and respective writing off of amounts from the Electronic account of the User is the moment of its delivery by Service www.EasySendSMS.com to the telecom operator for the transfer to Subscribers.
SMS-message contains information in the digital text format up to 160 Latin characters or up to 70 non-Latin characters. Every part of the linked message is of 140 bytes. Final segments of linked messages with the size which is less than 140 bytes are considered as separate messages. In case sending several linked messages, the length of every of them is 153 Latin or 67 non-Latin characters in connection with the necessity of adding the heading for uniting SMS-messages into one message for the Subscriber.
In case of sending ten and more linked SMS-messages in one message the Company does not guarantee to the User the correctness of their sending to the Subscriber. The Company also does not guarantee the correctness of SMS-messages sending to the Subscriber in case of Subscriber’s staying in the roaming.
For the identification of the User as the sender of SMS for Subscribers, the Alphanumeric Name can be used.
It is forbidden to use combinations of the Latin letters and/or numerals (words) as the Alphanumeric Name which:
PROPAGANDIZE WAR, NATIONAL AND RELIGIOUS DISCORD, CHANGE OF THE CONSTITUTIONAL SYSTEM OR TERRITORIAL INTEGRITY OF THE COUNTRIES.
PROPAGANDIZE FASCISM OR NEO-FASCISM.
DIMINISH OR HUMILIATE THE NATION/RACE OR PERSON ON THE NATIONAL/RACIAL FEATURE.
PROPAGANDIZE DISRESPECT TO NATIONAL AND RELIGIOUS RELICS.
DIMINISH A PERSON, ARE THE EXPRESSION OF ABUSE RELATED PHYSICAL IMPERFECTIONS (INJURIES), MENTALLY SICK, SENIORS.
PROPAGANDIZE IGNORANCE, DISREGARD FOR PARENTS.
PROPAGANDIZE DRUG ADDICTION, CHEMICAL ABUSE, ALCOHOLISM, SMOKING AND OTHER BAD HABITS.
ARE OF SEXUAL OR EROTIC NATURE.
CONTAIN SWEAR WORDS.
CONTAIN MARKS FOR GOODS AND SERVICES OR PHONE NUMBERS, PROPER NAMES IN RELATION TO WHICH THE USER CANNOT PROVE THE RIGHT FOR THEIR USE AND THE LIKE.
ARE A CASUAL COMPOSITION OF LETTERS AND/OR NUMERALS THE COMBINATION OF WHICH IS NOT SUFFICIENT FOR THE IDENTIFICATION OF THE USER AS SMS SENDER.
For using in Alphanumeric Names trademarks (their separate parts) and/or brand names (including trademarks and/or brand names of the third parties) and/or proper names, the Contractor retains his right for demanding from the Client submission of documents which prove the Client’s possession of the grounds for his usage of such trademarks (their separate parts) and/or brand names and/or proper names.
If the Alphanumeric Name suggested by the User (or a combination of Latin letters or a unique combination of Latin letters with Arab numerals) contradicts to the requirements specified in this Agreement or does not correspond to the requirements of telecom operators, the Company has the right to reject its use by the User.
The confirmation of the Subscriber’s consent for receiving SMS from the User is the written consent granted by the Subscriber to the User according to the procedure and form determined by the current legislation. The User guarantees that Subscribers for whom SMS is transferred shall be dully notified that personal data submitted by them have been included to the personal data base registered in the State register of the personal data bases including with the purpose of User’s transfer of SMS with the help of the Company gateway.