1. General conditions
The general conditions define and regulate the contractual relationship between Servitel Limited, with registered office at The Penthouse, 20 Lyons Range Court, Bisazza street, Sliema SLM 1640 - Malta, hereinafter referred to as SERVITEL, and private and business users, hereinafter called CUSTOMER, in relation to the SMS message sending service called GatewaySMS.
The sms transmission system is; based on a software developed directly by SERVITEL, on a gateway for sending SMS messages and on an internet service accessible by the CUSTOMER for entering telephone numbers and sending SMS messages.
2. Beginning of the contract
The contract begins when the CUSTOMER registers on the site. Registration by the user implies full acceptance of this regulation.
Since the CUSTOMER has no obligation to purchase, the contract is understood to be tacitly renewed every 6 (SIX) months, without prejudice to the possibility for the CUSTOMER to request the
cancel your registration at any time. Any text messages still available at the time of the cancellation request will not be reimbursed in any way. In case of failed first purchase in the last 6 (SIX) months or in case of lack of credits for at least 6 (SIX) months, the data entered by the CUSTOMER (Groups, telephone numbers) will be cancelled.
3. Withdrawal by the CUSTOMER
The CUSTOMER has the right to withdraw from the contract at any time with a simple communication via email, fax or regular mail. Cancellation involves the cancellation of all data entered by the CUSTOMER (names and mobile numbers,
service log, history of sent messages, SMS credits that may still be available). Under no circumstances will reimbursement be requested for text messages purchased and not used.
4. Withdrawal by SERVITEL
SERVITEL has the right to withdraw from this contract in the event that a change in the economic, technological, regulatory or any other type of conditions renders the execution of this contract
too expensive or impossible to continue the same. In this case SERVITEL will send a written communication via e-mail to the CUSTOMER and will reimburse the unused SMS credits within 30 (thirty) days.
5. Access to the service
The service is; accessible via the internet from anywhere in the world. Upon registration, the CUSTOMER receives a username (login) and a password that uniquely identify him. It is the task of
CUSTOMER keep these data with the utmost care and ensure their secrecy. SERVITEL cannot be held responsible for any access by third parties due to a non
correct custody of access codes.
6. Limitation of liability of SERVITEL
The Customer acknowledges that the SMS service, due to its intrinsic technological characteristics, must not be used in cases where failure to receive a message within a certain time is likely to cause damage to the CUSTOMER or third parties.
SERVITEL does not guarantee delivery of messages and, in the event of non-delivery, cannot be held responsible in any way towards the CUSTOMER or third parties.
There is not; liability of SERVITEL in the event of partial or total interruption of the service, even protracted over time, in the event of socio-political or natural events such as, by way of example but not limited to, strikes, looting, demonstrations, earthquakes, floods , acts of the public authority,
lack of electricity or telephone supply, malfunction of the internet network,
unavailability or blockage of SMS services
or of the exchanges of the mobile telephone operators or of the sms gateways used, which constitute causes of force majeure and therefore not attributable in any way to the responsibility of SERVITEL.
No reimbursement or compensation is therefore in those cases due to any title to the CUSTOMER. SERVITEL is not; responsible for the unavailability, congestion, or possible malfunctions of the GSM networks, and also in these cases no reimbursement or compensation will be due to the CUSTOMER in any way.
7. Use of the Service
The CUSTOMER is; personally responsible for the content of the text messages sent. He expressly guarantees that the content of the text messages he enters into the SERVITEL service does not violate the rights of third parties in any way, does not contain anything in violation of current legislation
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