Terms and Conditions

GENERAL TERMS AND CONDITIONS

These are the general terms and conditions of TIGERPHONE LTD. (“SMS-Smart”), with its registered office at the 1st floor Dekk House, Zippora Street, Providence Industrial Estate, Mahe’, Seychelles.

These are the general terms and conditions of SMS-Smart (“SMS-Smart”). The following terms and conditions describe under which conditions you (“User”) are entitled and able to use the offered services on www.sms-smart.com By registering yourself, you accept the following Terms and Conditions. If you have any questions regarding these Terms and Conditions, you can contact us by using the contact form.

GENERAL

  1. SMS-Smart reserves the right to modify these Terms and Conditions at any time. In the event the Terms and Conditions are modified, the User shall be notified not later than two (2) weeks in advance through the general e-mail address registered in your account. In the event the User has not objected to the modification within two (2) weeks after the notification, the Terms and Conditions shall be considered to be accepted by User. In the event the User does not accept the modified Terms and Conditions, SMS-Smart will reserve the right to cancel the account.
  2. These Terms and Conditions apply to all offered services and in the context of the offered services: offers, tenders, and agreements by and between SMS-Smart and User.
  3. Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
  4. The applicability of any purchase, delivery or other conditions of User is expressly rejected. By completing the registration form User expressly agrees to these Terms and Conditions.

SERVICES/PRICE

  1. All prices referred to herein are including taxes.
  2. SMS-Smart cannot be held to its offers if the User could reasonably understand that the offer or tender or a part thereof contains obvious mistake(s) or error(s).
  3. SMS-Smart reserves the right to change prices at its sole discretion. In the event prices are subject to change, such change shall at any time be mentioned on the website of SMS-Smart.
  4. SMS-Smart shall not be liable for any short-term or long-term interruption of the data transmission to the mobile phone of the User/receiver. SMS-Smart expressly does not guarantee that an SMS message is always received properly and on time and does not guarantee the complete and permanent availability of all services.
  5. All periods and dates specified by SMS-Smart are target dates unless expressly agreed otherwise in writing. SMS-Smart will only be in default after having been given a notice of default in writing and after being granted a reasonable recovery period. SMS-Smart is entitled to have certain proceedings or services carried out by third parties.
  6. All payments to SMS-Smart must be made on a prepayment term. Within 14 days after the payment date, in a manner specified by SMS-Smart, a proper receipt will be sent to customers.
  7. The user is not entitled to set off any (alleged) counterclaims on SMS-Smart against receipts of SMS-Smart.

USER’S OBLIGATIONS

  1. User must in every respect behave as a responsible and careful internet user and SMS sender. When using the SMS-Smart services, User is required to take into account the applicable legal rules and the rules set by SMS-Smart. User guarantees to act in accordance with international rules of conduct for SMS services and indemnify and holds SMS-Smart harmless for damages caused by acts in violation of these rules of conduct.
  2. User is fully responsible for the content of SMS messages sent by User, customers of the User or a third party at the request of the User. User indemnifies and holds SMS-Smart harmless for damages resulting from the content of sent SMS messages.
  3. User will not send messages which include content or expressions that harms or can harm the interests of SMS-Smart or its Suppliers.
  4. User will not in any way make use of the services of SMS-Smart for utterances which are; unlawful, pornographic, abusive, racist, discriminatory, inflammatory and/or illegal in any way, which shall be determined at the sole discretion of SMS-Smart. The user guarantees that the use of SMS-Smart services by him, will in no way infringe upon the rights of third parties.
  5. SMS-Smart is entitled to view – electronic or otherwise – any messages (sent or to be sent) from User, in order to see whether the content meets or does not infringe the provisions of this article.
  6. SMS-Smart is authorized to suspend the performance of its obligations or terminate a contract if User does not (fully) fulfill his obligations. Furthermore, SMS-Smart and User are entitled to terminate (or have terminated) a contract for the supply of services if the other party is in suspension of payments, files for bankruptcy or is declared to be in a state of bankruptcy. If at the time of termination/cancellation, the User has already received any performance of the services, such services and related payments will not be subject to cancellation. Amounts in respect of already performed services – invoiced before the termination – will be immediately due and payable at the moment of termination. Without prejudice to its other rights, SMS-Smart is among other reasons entitled to terminate the agreement with immediate effect when:
    • User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
    • SMS-Smart considers the User’s medium might be contrary to public order or morality, or could in any way be considered to be offensive or violent; and/or
    • SMS-Smart and/or its interest could in any way be harmed by the acts of the User.
  7. SMS-Smart has the right to terminate the registration of a registered User if the User has not used the services of SMS-Smart for a continuous period of twelve (12) months. Any remaining credits will be canceled.
  8. Complaints with regard to performed services should be reported by means of a written notice by the user to SMS-Smart within 8 days as of the date of discovery. The notice must contain a description of the failure as detailed as possible, so SMS-Smart is able to respond adequately. If a complaint is legitimate, SMS-Smart will perform its service (again), unless such performance demonstrably does no longer serve the User’s interest. The latter should be expressed in writing by the User.
  9. User is not allowed to use SMS-Smart’s services for actions and/or behaviors that are in breach of or contrary to applicable laws, regulations, the agreement or these Terms and Conditions. This includes, but is not limited to, the following actions and behaviors: 1. spamming: sending unsolicited SMS with the same content; 2. violating copyright works or any other conduct which violates the intellectual property rights of third parties; 3. deception of others; 4. abusing the texts, or the information from SMS-Smart; 5. offering products or services that are not User’s, without the consent of the rightful owner; 6. offering products or services which are not legal under the law of recipients.
  10. If User acts contrary to the provisions of this article, SMS-Smart has the right to terminate the agreement with the User with immediate effect and to charge User with an immediately payable penalty of € 5.000 per event. This penalty does not affect the right of SMS-Smart to claim higher damages relating to this matter. Any damage to SMS-Smart or third parties caused by acts contrary to the provisions of this article can be recovered from the User.

TERMS OF PAYMENT

  1. User shall be due to a fee (as determined by SMS-Smart) per SMS message. Payment will be made in the manner specified by SMS-Smart.
  2. SMS-Smart is entitled to change its fee for SMS messages. If User does not wish to accept the changes regarding the fee and/or costs, the User is entitled to terminate the agreement.
  3. SMS-Smart works based on prepaid (prepayment). User buys SMS credit (credits) and can use the purchased credit after payment.
  4. No rights can be derived from the credits. Any remaining credits at the end of the contract will be canceled as a result of the termination, this without an obligation for SMS-Smart to refund.
  5. To avoid any fraudulent activities with payments through Paypal, for the first payment only, Sms-smart reserves the right to process it between 24 and 72 hrs. From the second payment onward, time of processing will take less than 24 hrs if a customer will use the same Paypal account like in the first payment. In case that the second or any new payment will come from a different Paypal account, the time to process it will be again between 24 and 72 hrs.
  6. For payments over 500 Euro, we advise using a bank wire.

GENERAL LIABILITY

  1. SMS-Smart is never liable for any damages suffered by the User as a result of a failure in the performance of the agreement, unless in the event of gross negligence or willful misconduct of SMS-Smart.
  2. If SMS-Smart is liable for any damages whatsoever, such liability is limited to what is provided for in these Terms and Conditions.
  3. Besides the cases mentioned in this article, SMS-Smart shall not be liable for damages, regardless of the grounds on which an action for damages will be based.
  4. The total liability of SMS-Smart due to attributable failure in the performance of a contract is limited to direct damages up to the amount of the stipulated service fee or charge for a period of up to six (6) months, with a maximum of 5.000 euro.
  5. SMS-Smart is never liable for indirect damage, also including consequential damage, lost profits, lost data, lost savings and damages due to business stagnation.
  6. SMS-Smart is committed to safely transferring User’s data. SMS-Smart, however, does not guarantee the complete security of such data. The use of SMS-Smart services is, with regard to the security of data, at User’s own risk.
  7. User indemnifies SMS-Smart for any and all claims by third parties concerning intellectual property rights on material or data provided by the User made available by the User, for the performance of the services. The user also indemnifies SMS-Smart for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the User.

PRIVACY

  1. SMS-Smart will not use data from the User for purposes other than the provision of services and will not sell such data to a third party.
  2. SMS-Smart will not disclose any personal information of Users if explicit consent is not granted or in the exceptional circumstance that such information is required for legal purposes.
  3. SMS-Smart will comply with the applicable regulations regarding privacy. In case there is a legal obligation SMS-Smart will present data from User to third parties.
  4. The information within SMS-Smart’s storage is password protected so that only the User has access to the User’s personal and account information. The username and password supplied by SMS-Smart to User are strictly personal and should be kept secret. The user is responsible for the abuse of the username/password and shall immediately notify SMS-Smart of any loss, theft and/or abuse.
  5. SMS-Smart takes several measures to keep her and your data as secure as possible, but SMS-Smart cannot guarantee the safety of the data. The measures SMS-Smart takes in that context shall include (but not exclusively):
    • Time restricted access to sensitive components;
    • Two-factor authentication for sensitive components;
    • Employee access to data on a need-to-know basis;
    • Four eyes principle for several data including financial data;
    • Extensive logging and monitoring (internal & external);
    • Outsourcing policy with a confidentiality agreement;
    • Data retention policy;
    • Use of an internal and external Compliance Officer to validate that the internal procedures are being met required PES ( Pre-Employment Screening, including a certificate of good conduct for each newly hired employee.

MISCELLANEOUS

If the agreement, for whatever reason, has been terminated, SMS-Smart has the right to block the access to the User’s account.