Our Terms and Conditions Legal Information

Terms

Your use of Our Service (whether or not You have signed these Terms of Service and/or registered with Us), and/or opening an account with Us, is as an acknowledgement that You have read, understood and accept these Terms of Service. The Service and the Site are operated and provided by PaylessSMS. If You have any questions regarding these Terms of Service please contact Us at sms@paylesssms.com. These Terms of Service refer to the following additional Policies, which also apply to Your use of Our Site and Our Service: Our Privacy Policy which can be found on Our website, www.paylesssms.com.. Our Website Acceptable Use Policy which can be found on Our website, www.paylesssms.com. Our Cookie Policy which can be found on Our website, www.paylesssms.com..

Definitions and Interpretation

1. In these Terms of Service In these Terms of Service, the following definitions apply: “Account Manager” shall mean the person or persons within PaylessSMS who is Your point of contact for the Service and manages Your account with Us. “Auto Top-Up” the service that allows you to automatically purchase additional Credits. “Contact Details” shall mean a mobile phone number and associated information such as name, email address, residential address and other personal information uploaded and stored in Your account or on Our platform and “Contact” shall be construed accordingly. “Content” shall means any text, graphics, photos, data, software, music, sound, or other materials uploaded to or sent through or submitted through Our platform or otherwise used by You when You are using the Service. 2. SMS Credits “Credits” shall mean the units of credit purchased, ordered and/or used by You in relation to the Service. “Message” shall mean SMS, Push SMS, and MMS. “MMS” shall mean a multimedia message service that can be sent or received by a mobile phone or online that includes multimedia content. “Our”, “PaylessSMS”, “Us” or “We” shall mean PaylessSMS. “Privacy Policy” shall mean Our policy (which can be found on Our Site) which sets out Our procedures for gathering, using, disclosing and managing Our customers data and any amendments, updates and versions of this policy from time to time. “Policies” shall mean the Cookie Policy, the Privacy Policy and Website Acceptable Use Policy and any other terms and policies incorporated from time to time. “Service” shall mean any and all services provided by Us including but not limited to the services set out in clause 3 of these Terms of Service. “Site” shall mean Our website, www.paylesssms.com, and any other website which We use to provide any of the Service. “SMS” shall mean a short message service by which a message of up to 160 text characters or 70 text characters can be sent or received online or by a mobile phone. “Terms of Service” shall mean these terms of service together with the Policies and any amendments, updates and versions of these terms of service from time to time. “You” shall mean the person or the company or entity using the Service or any party of it and “You” and “Yourself” shall be construed accordingly. “Website Acceptable Use Policy” shall mean Our policy (which can be found on Our Site) which sets out the terms on which on which visitors are permitted to use the features of Our Site and any amendments, updates and versions of this policy from time to time. We may modify, update and/or change these Terms of Service without notice to You and unless stated to the contrary, all previous versions of the Terms of Service shall be superseded by the most recent version, which will be available on the Site. You are responsible for reviewing the most recent version of the Terms of Service and being aware of any changes. Continued use of the Service after a change to the Terms of Service constitutes Your acceptance of such change and You shall immediately be bound by the most recent Terms of Service each time You use the Service. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 3. Basis of contract! If You are opening an account with Us on behalf of a business or organisation, You hereby confirm that You have authority to do so. Your account will be deemed active on the earlier of when You have agreed to Our Terms of Service and/or registered with Us and/or used Our Service, on which date You will have entered into a binding contract with PaylessSMS as set out in these Terms of Service. your SMS Credits validity period is 90 days from the day you made your purchase. The user also agreeds that their sender ID shall be renewed yearly incomplaince the country of origin of the sender ID. Sender ID shall not exceed 11 characters.

Our Service

We provide an online mobile messaging service to Our customers, with access to various resources to assist with: direct marketing, communication with Your clients, planning meetings, sending documents, distributing surveys, distributing reward vouchers, and You sending and receiving Messages through Our platform. The Service provided by Us to You and Your Use of Our Site shall be subject to these Terms of Service. We reserve the right at any time to modify, change, suspend and/or discontinue Our Service (or any part thereof), whether permanently or temporarily without notice to You. As part of providing the Service, We may need to send You announcements and messages. You may not be able to opt-out of receiving such communications whilst using the Service or have an account with Us. You consent to the use of Your Contact Details by PaylessSMS, for these purposes. As an accountholder, You have a personal, non-assignable and non-exclusive license to use the software that is provided to You by Us as part of the Service for the sole purpose of allowing You to use the Service, in the manner permitted by these Terms of Service and all applicable laws, regulations and industry codes of practice. We give no warranties that the Service will be provided in a timely manner free from interruptions or errors or that Messages will be delivered. You will be charged for every Message You send regardless of the final delivery status of the Message and We shall not be liable for any Message not delivered, or not delivered in a reasonable period of time. We are not responsible for the back-up of any information including Content and Contact Details that You use as part of the Service and shall not be labile for any loss of such information. We shall not be liable for any loss resulting from failed or late delivery of the Service.

Our Site

Our Site is controlled and operated by Us. MEMBERSHIP ACCOUNT / Eligibility In order to use Paylesssms.com.com, you must: 1. Be at least eighteen (18) years old and able to enter into contracts; 2. Complete the registration process; 3. Agree to the Terms; and 4. Provide true, complete, and up to date contact information. By using Paylesssms.com, you represent and warrant that you meet all the requirements listed above, and that you won’tuse Paylesssms.com in a way that violates any laws or regulations. Paylesssms.com may refuse service, close accounts of any users, and change eligibility requirements at any time. 5. Term: The Term begins when you sign up for Paylesssms.com platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Paylesssms.com on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. If you accept these terms or use our services on behalf of your employer or another person, you confirm that you have the consent of your employer or that person to act on their behalf. You may not accept these Terms or use our services if you are not of legal age to form a binding contract with us or if you are barred by the laws of any country to use our services. 6. Contact database belonging to any account holder on paylesssms.com, remains private and secure and can only be used by the account holder only for the purpose the contact database was uploaded or imported for. All customers contact database are also secured with an SSL connection and can only be accessed by the account holder only and so can not be shared with any other third party. 7. Account Suspension / Termination: Reason for suspension: We may suspend all or some of our services or licences to you: 1. if you fail to pay any fees due to us; 2. for scheduled downtime to permit us to conduct maintenance or make modifications to any service; 3. if it is necessary due to emergency system repair or a system security breach; or 4. if you use the services in contravention of these terms, applicable law, regulation or industry code of conduct; 5. if we are required to do so by law or if continued use of the service will in our view constitute a breach of applicable law; or in the event of it becoming impossible for us to deliver services to you due to circumstances beyond our control. Reinstatement: We will restore service once we are satisfied that the cause of suspension no longer exists. 8. Changes: It is important that you understand your responsibilities and the limitations to the services which you choose to use. Our services are diverse and as a result additional service specific terms may apply. If this is the case, these service specific terms become part of our agreement. Please use our services responsibly. By using our website or any of our services, you agree to our Terms. We may amend these Terms from time to time, in line with changes required by legislation or our internal business requirements. The most updated version will apply and you therefore need to review the Terms each time you visit the website. Unless we expressly state otherwise, the amended version of the Terms shall supersede and replace all previous versions thereof. 9. Account and Password Security: You: 1. must keep your username, customer ID and password confidential; 2. must not circumvent, or attempt to circumvent, our user authentication systems; 3. must tell us immediately if there is any unauthorized use of your account or any other breach of security; 4. are entirely responsible for all payments and any activities that occur on your account; 5. are liable for any damage, loss or costs that we or any third party sustain as a result of any of your actions, or any actions of a third party using your password, account name or account information; and 6. remain responsible for all information sent and received through the service: and 7. indemnify us against any claim from any use of your password, account name or account information by a third party or as a result of your violation of this section. 10. PAYMENT: Prices: PaylessSMS will charge you for our services at the prices published on our website or the prices agreed to in our separate contract with you. We reserve the right to change prices from time to time without any notice to you. We will publish the changes on our website. Billing: You will pay upfront for any of our services that you use. You agree to be invoiced electronically. You can view your transaction history by logging into your account. Bank charges: You are responsible for payment of all bank and finance charges. Please ensure that the amount received in our bank account, after deductions, is the full amount. Payment method: You may pay us via credit / debit card or by cash in accordance with the information provided on our website payment pages. We make use of secure third party Payment gateways as disclosed on our website and we are not liable for any losses or damages suffered due to the use of these gateways. Billing disputes: Billing disputes must be initiated within 90 days of invoice, by contacting us at sms@paylesssms.com 11. General Terms: PLEASE NOTE It is important that you read and understand all of our terms. However, there are a few key points that we want to highlight: Restrictions on use: In some countries there are legal restrictions that apply to electronic communications. It is your responsibility to ensure that your conduct is legal. By using our services you also agree to be bound by the Rules of Use. Delivery: During transmission, electronic communications may flow through the systems of several mobile networks and other aggregators (“the chain”)and you therefore agree that PaylessSMS may make use of third party service providers in the chain to deliver the service to you.Your electronic communication is considered to be delivered once it has been transmitted from our system to our next network service provider in the chain. An electronic communication sent by a mobile phone user is considered to be delivered when it is submitted from our system to you. We will try to ensure uninterrupted and continued use of our services; however this is largely dependent on the effective functioning of network service providers’ infrastructure, network coverage and the recipient’s mobile handset. 12. PRIVACY: Privacy Policy: We will process your personal information in accordance with our Privacy Policy. Interception and disclosure: We may intercept and disclose any data submitted to our systems in order to protect the efficient operation of our systems or to comply with requests from competent authorities or court orders, or to compile, analyse and publish statistical data. You agree that subject to applicable laws we may intercept, monitor filter, lock, read, delete, disclose, and use data submitted to our systems or website. Disclosure to recipients: The recipient of an electronic communication has the right to know the identity of the sender and we will disclose this on the recipient’s request. 13. Refunds: Refunds will be made in the form of a credit to your account and in no event shall there be any cash refunds. Disputes which are not initiated within 90 days will not be entitled to any refunds. 14. Attorney Fees: If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded. 15. Disclaimers: We and our Team aren’t responsible for the behavior of any advertisers, text / sms messages, or other Members. 16. Entire Agreement: These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings. Congratulations! You’ve reached the end. Thanks for taking the time to learn about PaylessSMS.com's policies.