The current general terms and conditions apply to the SMS sending service offered by TOPefekt s.r.o. (service provider).
Through this service, the service provider puts at the disposal of businesses or individuals wanting to send SMSs a functional sending platform which assures the sending of MT SMSs on mobile phone user’s devices. This technical sending platform is accessible via a secure web access or as software module after downloading and installation into ecommerce software.
The subscription to a service carries acceptance without reserve of the current general conditions which create along with the specific conditions, the hereafter « Contract ».
In case of dispute between one or several parties implicated in the general and specific conditions , the clauses stated in the specific conditions will be consulted. The identity of the customer is specified in the specific conditions laid out under the social denomination section.
It is agreed that the supply of services is subject to the applicable regulation, namely to postal and telecoms codes/laws and to the Telecoms Regulation Authority’s regulations. These developments could bring about new conditions for the supply of services as well as a change to the financial conditions laid out in the contract. These changes will apply instead of the present agreement to the information of the service provider.
The service provider commits to supply the service 24/7 and to provide all the necessary tolls to supply a quality service conforming to state of the art material. The service provider promises to resolve as quickly as possible any problem that might cause inconvenience to the supply of the service. The customer is aware that the service supplied by the service provider cannot be entirely exempt from mishaps, taking into account its nature and the impossibility of controlling the quality of the service of the ensemble of networks directly or indirectly and especially those of the operators of third tier telecommunications, land lines or cell phones.
The service provider will do its best to ensure the entirety of the sending of SMSs and to ensure the quickest possible delivery times for MTs.
It is the service provider’s responsibility in the case of disruptions and/or unavailability to the service, be it total or partial and/or interruption to all/or part of the proposed services on the numeric GSM public radio networks supplied and used by third tier operators.
The responsibility of the service provider is limited to direct damages. The service provider will not be held responsible for any gains or losses or profits, loss of business, tainting to a brands image, loss of clientele, loss of stats and more generally of all indirect damage of whatever nature. The providers responsibility in light of the contract cannot exceed an amount totaling or equal to the fees relative to the service, paid by the customer over the last 3 months.
To subscribe to the present service, the customer needs to first fill in the forms to open an account and provide the necessary information both accurate and up to date.
Then the customer must expressly approve these terms and conditions by ticking the corresponding checkbox. Agreeing to "click" converts to an electronic signature that has the value of a handwritten signature and acceptance of these general and special conditions. The customer agrees to promptly update the Registration Data to keep it accurate, current and complete throughout the duration of the present general conditions, above all their address and e-mail The supplying by the client of inaccurate, outdated or incomplete stats may result in immediate suspension of services until the regularization of this condition by the client
The customer is solely responsible for the confidentiality of his or her password (s) and passwords for all uses, whether authorized or not. The provider can in no way be held responsible for any unauthorized use of your password or compensate for any loss or damage resulting from its use.
The customer remains solely responsible for the dissemination and use made of the service. In case of loss of log in details, the client shall inform the provider immediately and by any means so that access to the service can be immediately cancelled.
The Customer remains bound by its obligations, most notably for the payment of the cost of using the broadcasted messages, until the cancelling of access laid out in the preceding paragraph.
The customer is informed that they are the only guarantee of the confidentiality of their accounts, usernames and passwords and releases the provider from any liability in case of non-conforming or fraudulent use.
The customer agrees to comply with the laws and regulations regarding to the distribution and content of messages. It has both control and full responsibility for any information or content of messages.
In particular, the customer agrees not to provide the public with messages of a violent or pornographic nature capable of undermining the respect of the individual and their dignity. Likewise anything undermining equality between women and men and the protection of children. As so for the encouraging of crimes or the inciting of the use of banned substances, discrimination, hatred or violence. The customer promises to cover the provider for any claim made by a recipient of a message from them.
The customer agrees not to harm the brand image of the service provider nor by the contents, or by promotions provided through SMS messages.
The customer agrees to send SMS-MT only to users who have previously and expressly manifested their consent to do so. In addition, in the event that the content of SMS-MT is a target for "adults", it is the customer’s responsibility to ensure that the recipient of the SMS-MT is actually an adult.
The customer agrees not to transmit, via the service, information relating to the following: pedophilia, prostitution, escort services, racial hatred or more generally, information that may affect the laws and regulations of public order, morality, protection of children and adolescence or dignity, including demeaning and / or extreme violence;
abusive, defamatory, racist, homophobic, revisionist or that may cause damage to the honor or reputation of others. The inciting of suicide or acts of terror or the advocating of war crimes or crimes against humanity. Likewise for donation requests or anything that may infringe the rights of third parties, including on the basis of personal rights or intellectual property.
The provider reserves the right to require the customer to provide proof of acceptance of one or more recipients to receive SMS-MT and provide all supporting documentation, within a maximum period of five (5) business days from the provider's request for whatever cause. Failure to provide proof of acceptance will constitute a breach of contract by the customer.
In addition, if multiple claims from Users challenging having given their consent, are recorded by the provider, the provider shall notify the client by registered letter with acknowledgment of receipt and reserves the right to suspend the service pending the provision by the customer of evidence. In case of Due Diligence, the cost of service delivery will not be charged to the Customer.
The provider reserves the right to suspend all or part of its services and access to the service, or the shutting down of access to the service in the event of breach by the customer of these terms and conditions.
If the client is not authorized to use the service due to violation of these Terms, the provider may immediately terminate the subscription and may proceed to block any amounts due. The provider reserves the right to close / suspend repayment should there be any misuse by the customer service.
The agreement shall take effect on the date of signing by the parties according to the time specified in the Specific Terms. It is renewable at the end of this period by tacit agreement for the same period unless terminated by registered letter with acknowledgment of receipt one month before the expiry of the current term without which one may be eligible for compensation.
In case of non-compliance with contractual clauses, each Party reserves the right to terminate the Agreement upon notice to the other party by registered letter with acknowledgment of receipt which would come into effect after a month. If the Customer terminates this agreement, it shall remain liable for all amounts due to the securities of the Service.
This contract may be terminated automatically by the service, without notice, without the customer being entitled to any compensation in the following cases; Bankruptcy proceedings against the client, in which case the administrator decides, implicitly or explicitly, for the continuation of a non-use Server , - From the date of liquidation of the judgment in the case of conversion of insolvency proceedings referred to above, - In case of broadcasting messages in a manner contrary to morality and public order, or contrary to the laws and regulations in force.
Service rates are set out in the service pricelist of in Specific Conditions. The provider reserves the right to modify the Service, including providing new features or modifying or deleting certain features. The provider reserves the right to modify its prices at any time. Only the prices on the site are valid.
The payment may be made either by the provider model prepayment card or bank transfer or as a pay upon receipt of invoice.
In the first case the service will be accessible upon payment in advance. The validity of purchased credits is unlimited.
All outstanding work requested by the client not falling within the scope of the services defined in this agreement, will be subject to an estimate and will be carried out after agreement of both parties.
The provider reserves the right to temporarily suspend the provision of services if the customer fails to comply with its obligations laid out by this agreement, including in cases of outstanding invoices. The provider shall not be liable for any loss, damage, liability, claim or discomfort suffered by the client as a result of such suspension.
The provider and the client undertake on their behalf and on behalf of their staff, professional confidentiality and to treat as strictly confidential any written or oral information, any information provided, all documents entrusted to one another and all meetings in which they participate, throughout the carrying out of this agreement and until it expires.
The customer agrees and authorizes the provider to include among its references on its business records and on its website the name of the client and its logo and / or brand.
This agreement is subject to Czech law. Any disputes regarding the use of the Services or arising from this general conditions subject to exclusive jurisdiction of the courts of the Czech Republic.