Terms and Conditions
The following are the Terms and Conditions for the use of SMSHat SMS Products and/or Services (" SMSHat Products and/or Services" or "the Products" or "the Services") by the User ("customer" or "User" or "Users"). Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
UAE Messaging rules
As per UAE TRA (Telecommunications Regulatory Authority) Regulatory Policy 30 December 2009 Unsolicited Electronic Communications not allowed in all regions of UAE (United Arab Emirates).
Following are the terms to be followed as per TRA UAE.
- For sending Promotional messages organization/company/Agency/individual must have customer consent (Optin proof)
- Messages must have OPTOUT Clause clearly communicated to recipient.
- Must follow the timing of submitting promotional messages between 7AM to 9PM UAE Time.
- Spam/Scam/Lottery/Personal/Abusive/Threatening type of messages are strictly not allowed.
Below are more details on same.
The words and expressions used in these Terms and Conditions shall have the meaning as are ascribed to them in the Telecom Law and the UEC Regulatory Policy, unless the context otherwise provides. For the purposes of these terms and conditions the following terms and words shall have the meaning ascribed to them below:
Customer Any company or entity who is using W2WTS messaging services and GSM Network to send or receive messages to/from mobile subscribers.
Client means a recipient to whom SMS/MMS service is being delivered via W2WTS.
Electronic Communication means the communications conveyed by means of a telecommunications Network to an Electronic Address.
W2WTS : Wired 2 Wireless Technology Solutions OR W2WTS FZE as registered.
SMS/MMS Center : Short /Multimedia Message Service Center.
Telecom Regime : The telecom regulatory framework in the UAE including the Telecom Law, and its Executive Order and all policies, regulations, orders, resolutions, procedures, guidelines, instructions and other such determinations as may be issued by the TRA from time to time.
Telecom Law means Federal Law by Decree No. 3 of 2003 for UAE and whatsoever for applied for respective countries.
UEC Regulatory Policy : The TRA’s Unsolicited Electronic Communications Regulatory Policy Version 1.0 issued in 30 December 2009 and its Annexes as amended by the TRA from time to time. http://www.tra.ae/TRA%20Regulations.php for UAE and whatsoever for other countries their respective TRA laws needs to be considered.
W2WTS shall provide the Customer with various tools & connectivity services to send SMS as listed in table 2.1
Customer shall be responsible to ensure that it possesses appropriate systems (hardware and software) to support the online SMS/MMS push and pull applications and that its systems and applications are ready and compatible with W2WTS›s systems and protocols.
Connectivity between the Customer’s host computer/server and W2WTS’s SMS/MMSC/GSM network can be through the Internet, or any other configuration the parties may mutually agree on. However, Access set-up costs and applicable rental charges for all options will be the responsibility of the Customer.
The provisions of the UEC Regulatory Policy are incorporated by reference into these Terms and Conditions Message Service, as applicable, and thereby form an integral part of them. Any breach by Customer of any applicable provision of the UEC Regulatory Policy shall be a breachof these Terms and Conditions Message Service and may give rise to appropriate penalties or liquidated damages as appropriate, as well as contract suspension and termination.
Notwithstanding and without prejudice to the generality of clause 9 of these Terms and Conditions, the Customer must comply with the following specific obligations as set out in the UEC Regulatory Policy:
Customer shall not initiate, send or facilitate sending of Mobile Spam in accordance
with requirements of UEC Regulatory Policy.
Customer must obtain the Consent of each recipient prior to sending any Marketing Electronic Communication, as is the UEC Regulatory Policy has defined. Customer shall comply in full with the Consent principles set out in Article 6 of the UEC Regulatory Policy, including but not limited to:
6.2.1. Ensuring that the process of obtaining the Consent will follow an Opt-in Procedure, as defined in the UEC Regulatory Policy);
6.2.2. Emphasizing that service provider will deactivate services to the Customer based on the Customer’s failure to provide the requested Consent;
6.2.3. Confirming the transparency of the process of obtaining Consent;
6.2.4. undertaking that the record of the Customer’s Consent will include the date and time of the Consent, the Customer’s identity, the words or other content by which the Customer has indicated Consent, and the IP address / telephone number / signed written document via which the Customer provided its Consent;
6.2.5. The possibility of storing and presenting the Consent in tangible form when required by the TRA. In this regard, Customer shall present to W2WTS within one working day following the date of W2WTS’s request a copy of the Consent(s) in a tangible form whenever so requested by W2WTS.
6.2.6. Retaining of the Consent record for the entire period during which Marketing Electronic Communications (as that term is defined in the UEC Regulatory Policy) are sent to the Customer;
6.2.7. Ensuring that All Marketing Electronic Communications (as that term is defined in the UEC Regulatory Policy) sent to recipient shall provide, free of charge to the recipient, a means by which the recipient can unsubscribe (as that term is defined in the UEC Regulatory Policy);
6.3. Requests for Customer Consents as referred to in clause 6.2 of these Terms and
Conditions must not be sent to the Customer using voice calls, or Mobile Text Messages (as that term is defined in the UEC Regulatory Policy);
6.4. Customer must not send Mobile Text/Multimedia Messages (as that term is defined in the UEC Regulatory Policy) containing Marketing Electronic Communications (as that term is defined in the UEC Regulatory Policy) to Customers between to 9.00 pm to 7.00am.
6.5. Customer must not send Marketing Electronic Communications (as that term is defined in the UEC Regulatory Policy) using Mobile Messages (as that term is defined in the UEC Regulatory Policy) to Customers encouraging them directly or indirectly to call or send a short message or other electronic communications to a premium rate number.
7. Customer shall provide adequate Customer support to its CLIENT related to messaging services.
8. Customer shall ensure that its content and services conforms to the social and cultural fabric of the UAE and shall strictly refrain from offering services or sending contents, which may conflict with or breach the related laws of the UAE.
9. Customer will be totally responsible for the accuracy, legality and authenticity of the information/content it offers and shall also be totally responsible and liable for any claims/losses resulting from the service. Customer hold W2WTS harmless and fully indemnified from and against any and all claims, damages, liabilities, losses or expenses arising from such acts or omissions of the Customer or its Customers in connection with SMS/MMS service.
10. Customer shall be responsible for all public abuses, misuses of the Services/Content or unauthorized use thereof.
11. Without prejudice to clauses 9 and 10 of these Terms and Conditions, SMS/MMS messages should not be sent randomly to any mobile number.
12. Customer shall obtain all necessary approvals from the relevant government authorities and ministries for the service, content or prizes and draws/raffles.
13. Customer undertakes that its equipment will not have any adverse effect on W2WTS equipment/services.
14. W2WTS will not be responsible for the performance of Customer’s equipment and/or damage or loss to the Customer’s equipment and damage or loss as a result of connecting the equipment to W2WTS’s network.
15. Customer will be held responsible for any damage to W2WTS Network – as well as for all accidents, personal injuries, loss of life etc. to W2WTS staff or third parties, if these are attributed to Customer’s equipment. In case there is any damage to W2WTS network or equipment due to malfunctioning of Customer’s equipment, Customer shall bear the cost of replacement of the damaged W2WTS equipment as claimed by W2WTS.
16. In the event of termination of this Agreement, W2WTS shall be entitled to recover from the Customer all arrears of charges payable by the Customer under this Agreement.
17. Messaging Service is used by the Customer to send SMS/MMS messages to its Clients. The Customer shall have its own database of its client’s mobile numbers. The Customer shall provide its client the option/facility to opt out or unsubscribe to its services, if they so desire.
18. Customer can send/push SMS/MMS messages to its Customers only between 07:00 a.m and 09:00 p.m. However this condition does not apply if the end-Customer himself/herself requests for some information/content outside the defined time period – except in the case of Marketing Electronic Communications (as that term is defined in the UEC Regulatory Policy), which must never be sent outside of these hours.
19. In addition and without prejudice to the requirement for Customer to comply in full with the obligations set out in clause 6.2 of these Terms and Conditions, Customer shall provide a simple and Free of charge procedure to its client for deactivation of service/for opting out.
20. All Premium SMS/MMS charges shall be billed and collected by W2WTS as per W2WTS’s prevailing procedures.
21. In case of premium shortcode. Reimbursement to Customers shall be based on the actual total SMS/MMS generated for each short code, multiplied by the Customer’s share applicable to that short code. Such reimbursement will be paid quarterly to the Customer, and will be made 90 days after the closure of billing (calendar) month.
22. W2WTS Customer Support will be the main contact points for all Service related complaints.
23. W2WTS ’s internal reports and records shall be final and binding on the Customer for calculation of revenue generated and for reimbursing the Customer its share of the revenue.
24. Customer can price the Premium SMS/MMS messages at any prices it decides to chargehowever these needs to be advised to W2WTS in writing and can be implemented only on the basis of mutual agreement so that the same can be implemented for billing purpose. The upper ceiling for the charges is AED 100.
25. Customer is required to inform the Client the price/charges of the SMS/MMS they will be sending to various short codes assigned to the Customer. Charges needs to be highlighted prominently in all SMS/MMS messages sent advertisements, promotional messages and announcements e.g. on SMS, MMS, IVR, radio, newspapers, magazines or TV programs
26. W2WTS reserves an unrestricted right to discontinue the service as per Operator feedback if the Customer fails to provide sound and clear pricing information to the Cleint. Operator may refund to the Client the charges for the SMS/MMS if such charges are not clearly and prominently displayed and advised to the client provided that the client has lodged a formal complaint with Operator to that effect. In such cases, the revenue refunded will be deducted from the Customer’s share of the Premium SMS/MMS revenue.
27. W2WTS is only providing the Customer the access to its SMS/MMS Center and billing facilities for the Premium Service and will not be responsible in any way for any other aspects concerning its service/content/application.
29. Mobile Recipients are entitled to block any Customer via its operator’s anti-spam facility. Customer shall be liable for any claim or combination of claims, proceedings or actions made against it by its Customers pursuant to a contractual relationship between them. W2WTS shall not be responsible for any misuse, fraudulent transactions or inaccurate or inappropriate transactions conducted by Customer/its Customers/Third Party through the online SMS/MMS push application
30. W2WTS reserves the right, as its discretion to change or modify all or any part of these terms and conditions at any time, effective, immediately, upon notice published on the service. The continued use of the service by the Customer constitutes the acceptance of these terms and conditions, including any changes or modifications made by W2WTS as permitted above. If at any time the Terms and conditions of this service are no longer acceptable to the Customer, use of the service can be ceased immediately by the Customer and has to inform W2WTS in writing.
31. Termination and Disconnection of Service – W2WTS reserves the right to discontinue the service and to terminate the contract with the Customer immediately, if the Customer (1) delay the payment of the service charges, or (2) breached any of the terms and conditions of the service and fail to remedy such breach within (7) days from a notice served by W2WTS to that effect.
32. Limitation of Liability – Notwithstanding anything contained herein, the aggregate liability of W2WTS to the Customer relating to any claim or combination of claims arising from or in connection with the bulk SMS/MMS service, whether in tort, contract or otherwise, shall in no event exceed the actual amounts paid by the Customer during one year preceding that claim.
Disclaimer – SMS/MMS Service is provided “as is”. W2WTS does not make, and hereby disclaims, any and all express and/or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. W2WTS does not warrant that the services will be available uninterrupted, error-free or in a completely secure basis.
33. Customer will be charged connection/set-up charges and rental for ports and short codes as per W2WTS’s standard terms and conditions.
34. In the event of any inconsistent or incompatible provisions, this Terms and Conditions shall take precedence, followed by the provisions of any agreement signed by and between W2WTS and the Customer in relation to the Bulk SMS/MMS Service and/or Revenue Sharing Agreement.
35. Any specific rules with regards to SMS content/ sender restrictions/ delivery report shall be communicated to customer in emails.
India Messaging rules
In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000 and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the SMSHat website, the web pages, applications, API's or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the SMSHat website. The reasonable use of the SMSHat website shall automatically bind the Users to this agreement.
SMSHat ( SMSHat ) respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's SMSHat account, which includes all of its contents, without the User's prior permission. However, this will not apply if SMSHat has to:
- Conform to the statutory and/or legal requirements or comply with the legal process;
- Protect and defend the rights or property of SMSHat;
- Enforce this Agreement or protect SMSHat business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by SMSHat;
- Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the Users is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
- Act to protect the interests of the Users or any others in general
The User agrees that SMSHat can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.
The User hereby permits SMSHat to send him/her communication via email/sms of any updates, upgrades, notices, or any other information that SMSHat deems important for the Users to know, relating to the Products and/or Services.