Service terms and conditions

Welcome to SMSC Network! These Terms and Conditions (“Terms” or “Agreement”) create a legally binding agreement between You and SMSC Network. It’s important for You to understand Your responsibilities and the limitations of the services You choose to use. We offer diverse services, and additional service-specific terms may apply, which will become part of Our agreement if applicable.

We urge You to use Our services responsibly. By using Our website or any of Our services, You agree to these Terms. Please note that these Terms may change periodically, and if You have used Our services in the past, You cannot assume that the Terms remain the same. We recommend reviewing them regularly, as they will be published online with the date of the last modification noted at the top.

1. Introduction

1.1. You desire to utilize the services provided by SMSC Network (referred to as “Service” or “Services” hereinafter) as outlined in these Terms.

1.2. SMSC Network refers to SMSC Network LLC, a company registered in the United States with its registered office located at 1332 Teasley Lane, Ste. 100C Denton, Texas 76205, USA (referred to as “SMSC Network,” “We,” “Our,” or “Us”).

1.3. You wish to access and utilize the Services, and We are willing to provide the Services to You, subject to and in compliance with these Terms.

2. Binding Effect

2.1. By accepting these Terms of use for Our Service, You are entering into a legally binding agreement. If You are accepting these Terms on behalf of Your employer or another person, You confirm that You have obtained the necessary consent from Your employer or that person to act on their behalf. These Terms apply to all records related to any transactions You engage in on SMSC Network’s website, including notices of cancellation, policies, contracts, and applications. To access and retain Your electronic records, You may need to have certain hardware and software, which is solely Your responsibility.

2.2. You are not eligible to accept these Terms or use Our Services if You are not of legal age to enter into a binding contract with Us or if You are prohibited by law from using Our services.

2.3. If there is an existing agreement between You and SMSC Network for any or all of the Services used, that agreement shall take precedence over these Terms.

3. The Service
The Service allows Customers to utilize Our mobile services as described in Your online registration. Each billable unit under the Services is referred to as a “Chargeable Event” in these Terms and Conditions.

 

Each individual Service that You use under these Terms will be provided in accordance with the respective particulars outlined in the Service Description, which can be found at https://www.smscnetwork.com/service-description/ By accepting these Terms, You acknowledge and accept the application of the Service Description, and confirm Your familiarity with it. SMSC Network reserves the right to modify or change the Service Description at any time and at its sole discretion.
4. Service Availability and Interruptions
4.1. We will use reasonable skill and care to make the Services available to You. However, You acknowledge and agree that factors beyond Our control may affect the availability of the Services, Your access and/or use of the Services, and the successful completion of any Chargeable Event. Such factors may include, but are not limited to:

 

Issues with the operation of the Services or obstacles preventing the successful completion of Chargeable Events, such as geographical or topographical limitations in the network of any Network Operator, network capacity, physical obstructions, or atmospheric conditions; or
Factors that prevent end-users from receiving Chargeable Events, such as the terms and conditions of an end-user’s service provider.
4.2. Therefore, We cannot guarantee:

 

That the Services will be available to You at all times or free from faults or interruptions; or
That any intended recipient will receive any Chargeable Event sent using the Services.
4.3. We will not be liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failure on the part of any Network Operator or any other event beyond Our reasonable control. The Services are provided “as is” and “as available”, and We do not warrant, represent, or guarantee, whether expressly or by implication, that the Services are free of errors or interruptions, always available, fit for any purpose, secure, or do not infringe any third-party rights.

 

4.4. We may, at Our sole discretion, make alterations or improvements to the Services We provide to You at any time, as long as such alterations do not materially affect the nature or functionality of the Services.

 

4.5. It may be necessary for Us to suspend the Services provided to You from time to time for routine or emergency maintenance and/or repairs. We will provide You with a reasonable notice period prior to any such suspension, to the extent reasonably possible.

 

We may, at Our sole discretion, suspend Your access to the Services and/or cease allowing any Chargeable Events to be conducted by You at any time. We are entitled to terminate these Terms for any reason, and We will give You appropriate notice as soon as reasonably possible.

 

If Your account used for the provision of SMSC Network Services remains inactive for a period of 6 (six) months, it is at SMSC Network’s discretion to suspend the SMSC Network Services to You. You can reactivate Your account with a request to SMSC Network sent 3 (three) working days prior to the required reactivation.
5. Account Management, Passwords, and Security
5.1. To avail Our services, You must provide complete and accurate information as required. If You provide incomplete or inaccurate information, We may suspend or terminate any service. You warrant that all information provided by You to Us is complete and accurate, and You indemnify SMSC Network against any liability arising from Your failure to provide complete and accurate information. You must promptly notify Us of any changes in Your information.

 

5.2. We will provide You with a user name, customer ID, or request You to choose authentication credentials for each account. We may change, cancel, or suspend Your account, and You will be notified accordingly.

 

5.3. You:

 

Must keep Your username, customer ID, password, ApiKey, login token, or any other secret authentication credential confidential.
Must not circumvent, or attempt to circumvent, Our user authentication systems.
Must immediately inform Us of any unauthorized use of Your account or any other security breach, including suspected or doubtful scenarios.
Are solely responsible for all payments and activities that occur on Your account.
Are liable for any damages, losses, or costs that We or any third party may incur as a result of Your actions, or the use of Your authentication credentials, account name, or account information by a third party, or Your violation of this section.
Are responsible for both authorized and unauthorized use of Your account if You have not implemented the security recommendations available at Your disposal at the time of any questionable activity on Your account. This includes, but is not limited to, service logins, data access, message traffic, and payments. Responsibility for these activities includes assuming liability for any damages, losses, or costs that SMSC Network or any third party may incur as a result of these activities.
Must cooperate with Us during the resolution of potential unauthorized use of Your account, regardless of its cause and source of initial reporting.
6. Confidentiality and Protection of Data

6.1. We acknowledge and respect the confidentiality of Your data. We will use commercially reasonable efforts to maintain the confidentiality and security of Your data and will implement industry-standard security measures to protect against unauthorized access, use, or disclosure of Your data.

6.2. You acknowledge and agree that in order to provide the services, Your data may be stored and processed by Us, including transferring Your data to countries outside of Your country of residence or the country where the services are provided. We will take appropriate measures to ensure that Your data is protected in accordance with applicable data protection laws and regulations.

6.3. You are solely responsible for the content and data that You transmit or process through Our services. You represent and warrant that You have all necessary rights, consents, and permissions to transmit and process Your data through Our services and that such transmission and processing comply with all applicable laws, regulations, and contractual obligations.

6.4. We will not use Your data for any purpose other than to provide the services to You, and We will not disclose Your data to any third party except as required by law or as necessary to provide the services, enforce Our rights under these terms, or protect the rights, property, or safety of Us or others.

6.5. You are responsible for implementing appropriate security measures to protect Your data, including but not limited to maintaining the confidentiality of Your account credentials, password, and other authentication information. You agree to promptly notify Us of any suspected or actual unauthorized access, use, or disclosure of Your data or any other security breach.

6.6. We may collect and use data in accordance with Our privacy policy, which is available on Our website. By using Our services, You agree to the collection and use of Your data in accordance with Our privacy policy.

6.7. Upon termination of Your account or the services, We will retain Your data for a reasonable period of time in accordance with applicable laws and regulations, after which We will securely delete or destroy Your data, unless otherwise required by law or as necessary to protect Our legal rights.

7. Customer Support Services

7.1. We will provide You with customer support services in accordance with the terms and conditions specified in this section.

7.2. Our customer support services may include assistance with technical issues, inquiries about the services, and general account-related questions. We will make reasonable efforts to provide timely and accurate responses to Your inquiries.

7.3. You may contact Our customer support team through the designated communication channels provided by Us, such as email, chat, or phone. You agree to provide complete and accurate information when contacting Our customer support team, including Your account details and a detailed description of the issue or inquiry.

7.4. We may require additional information or access to Your account or systems in order to provide effective customer support. You agree to cooperate with Us and provide the necessary information or access as reasonably requested by Us to assist with resolving Your inquiries or technical issues.

7.5. Our customer support services are provided on an “as is” basis and We do not warrant that the customer support services will be uninterrupted, error-free, or free from defects. We may, at Our sole discretion, modify, suspend, or terminate the customer support services at any time without prior notice.

7.6. You are solely responsible for the use of Our services and for ensuring that You and Your users comply with these terms and all applicable laws and regulations. Our customer support services do not include legal, financial, or professional advice, and You are solely responsible for obtaining any necessary professional advice regarding Your use of Our services.

7.7. You acknowledge and agree that Our customer support services may involve the collection and use of Your data, including personal data, in accordance with Our privacy policy. By using Our customer support services, You consent to the collection and use of Your data as described in Our privacy policy.

8. Payment and Billing

8.1. You agree to pay all charges associated with Your use of Our services as described in the applicable pricing or billing terms provided by Us. You are responsible for reviewing and understanding the pricing and billing terms before using Our services.

8.2. We may charge You for the use of Our services based on the pricing model, rates, and usage specified in the pricing or billing terms. Charges may include fees, taxes, and any other applicable charges, and may be subject to change at any time with prior notice.

8.3. You must provide accurate and complete payment information, such as credit card details or other payment method information, and authorize Us to charge such payment method for the charges incurred in connection with Your use of Our services. You are responsible for keeping Your payment information up-to-date and notifying Us promptly of any changes or issues related to Your payment method.

8.4. If You dispute any charges, You must notify Us in writing within a reasonable time frame, but no later than thirty (30) days from the date of the disputed charge. Failure to timely notify Us of any dispute will constitute Your acceptance and acknowledgement of the charges.

8.5. If You fail to pay any charges when due, We may suspend or terminate Your access to Our services or take other measures as permitted by law. You are responsible for all costs and expenses incurred by Us in connection with collecting any unpaid charges, including but not limited to reasonable attorneys’ fees and collection agency fees.

8.6. All charges are non-refundable unless otherwise specified in the applicable pricing or billing terms or as required by applicable law. If You cancel or terminate Your account, You will not be entitled to any refund for any unused portion of prepaid charges or fees.

8.7. We may use third-party payment processors to facilitate the processing of payments. Any use of third-party payment processors is subject to their terms and conditions, and We are not responsible for any errors, delays, or other issues related to such third-party payment processors.

8.8. You acknowledge and agree that We may use Your data, including personal data, in accordance with Our privacy policy for the purpose of billing and processing payments. By using Our services and providing payment information, You consent to the collection and use of Your data as described in Our privacy policy.

9. Marketing Communications

9.1. By using Our services, You agree to receive marketing communications from Us, including but not limited to promotional offers, product updates, and other information related to Our services. These communications may be sent to You via email, SMS, in-app notifications, or other means.

9.2. You may opt out of receiving marketing communications from Us at any time by following the unsubscribe instructions provided in the communication or by contacting Us directly. However, please note that even if You opt out of receiving marketing communications, We may still send You non-promotional communications related to Your account, transactions, or other important information about Our services.

9.3. We may also use Your data, including personal data, to personalize and improve Our marketing communications, as well as to conduct market research, analyze usage patterns, and measure the effectiveness of Our marketing campaigns. By using Our services, You consent to the collection, use, and processing of Your data for these purposes, in accordance with Our privacy policy.

9.4. You are solely responsible for complying with all applicable laws and regulations related to marketing, including but not limited to laws related to unsolicited communications, privacy, and data protection. You represent and warrant that You have obtained all necessary consents, permissions, and authorizations required by law before using Our services for marketing purposes, and You agree to indemnify and hold Us harmless from any claims, damages, losses, or liabilities arising out of Your failure to comply with such laws and regulations.

10. Rules of Use
10.1. You shall not:

 

Utilize or allow the use of the Services to send Chargeable Events to any end-user for marketing purposes unless the end-user has explicitly requested or provided prior consent to receive such events. If you are sending any Chargeable Event for commercial purposes to any of your end-users, you must comply with the telephone marketing practices of the end-users’ jurisdiction, including but not limited to obtaining prior express written consent from those end-users and providing them the option to opt-out of receiving any further Chargeable Events for commercial purposes (and you shall promptly process any end-user’s election to opt-out).
Utilize or allow the use of the Services to convey Chargeable Events to any end-user with excessive frequency or in excessive numbers, as determined by our reasonable opinion.
Utilize or allow the use of the Services for any improper, fraudulent, immoral, or unlawful purpose.
Utilize or allow the use of the Services for the transmission of any material that is defamatory, offensive, illegal, abusive, obscene, or menacing in nature.
Utilize or allow the use of the Services in a manner that infringes upon the intellectual property rights or any other proprietary rights of any third party.
Utilize or allow the use of the Services in a manner that may cause harm or damage to any person or property, or impair the quality of the Services.

 

10.2. You shall, at all times during the duration of the Agreement:

 

Send only Chargeable Events that comply with all applicable laws, regulations, and codes, and do not contain anything that is likely to cause offense according to prevailing standards of decency and propriety.
Comply with all reasonable directions and instructions issued by us in relation to the Services.
Comply with and observe at all times all applicable laws, regulations, and codes, as well as any directions, recommendations, and decisions of any regulator.
Not act in any manner that is likely to bring us, the Service, or any Network Operator into disrepute.

 

10.3. In the event that SMSC Network has reason to believe that the content being transmitted by the client is unauthorized, prohibited, illegal, or otherwise not allowed, SMSC Network may take necessary steps or measures to safeguard the security of both SMSC Network and the Network Operator. Furthermore, the client shall not be entitled to seek refunds, chargebacks, or other forms of compensation in relation to the messages from this section, nor shall SMSC Network be liable or obligated to deliver such messages to the end-user(s).

 

10.4. Upon request, you shall provide us or any Network Operator or Regulator with any information relating to your use of the Services that the requesting party reasonably requires. You are responsible for ensuring the accuracy and completeness of any information relating to your end-users, including but not limited to your end-user data.

 

10.5. You shall not state or imply any approval by us of any particular Chargeable Event that you send using the Services or refer to us in any way without our prior written approval.

 

10.6. Where requested by us, you shall promptly provide us with a representative forecast of your service needs for the requested period, including but not limited to all reasonable details required for us to plan network capacity requirements.

 

10.7. We may, at our sole discretion, cease to convey, and you shall promptly cease to transmit at our request, any Chargeable Event.

 

10.8. You warrant that you are the sole owner or licensor of all rights in your end-user data, or you have obtained all necessary rights, licenses, and consents from all relevant third parties to enable you, us, and our subcontractors to use the end-user data for the purposes of the Agreement.

 

10.9. The client represents and warrants to SMSC Network that when using.
11. Disclaimers, Limitations of Liability, and Indemnification

11.1. Disclaimers

The Services are provided “as is” and “as available”, and We make no representations or warranties, express or implied, regarding the Services, including but not limited to their accuracy, reliability, suitability, availability, or fitness for any particular purpose. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You acknowledge that the use of the Services is at Your own risk, and You are solely responsible for any damage or loss that may result from Your use of the Services.

11.2. Limitations of Liability

To the extent permitted by applicable law, in no event shall We be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by You or any third party, arising out of or in connection with the Services or the Agreement, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if We have been advised of the possibility of such damages. Our total aggregate liability for any and all claims arising out of or in connection with the Agreement shall not exceed the total amount paid by You for the Services during the twelve (12) months preceding the event giving rise to the claim.

11.3. Indemnification

You agree to indemnify, defend, and hold harmless Us, Our affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to: (a) Your use of the Services; (b) any content, materials, or information You transmit or receive through the Services; (c) Your breach of any provision of the Agreement; (d) Your violation of any applicable law, regulation, or third-party right; or (e) any dispute or claim between You and any end-user or third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case You will cooperate with Us in asserting any available defenses.

12. Terms and Termination
12.1. Termination by Either Party

 

Either Party has the right to terminate this Agreement at any time, with or without cause, by providing notice to the other Party.

 

12.2. Termination for Cause

 

Either Party may terminate this Agreement with immediate effect by providing notice to the other Party if any of the following events occur:

 

(a) The other Party becomes insolvent, enters into any arrangement with or for the benefit of its creditors, undergoes compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator, or similar official appointed over its assets, is subject to an administration or similar order, or ceases trading;

 

(b) The other Party commits a material breach of the Agreement, and, if such breach is capable of remedy, fails to remedy the breach within 14 days after receiving written notice from the non-breaching Party requesting its remedy; or

 

(c) Any license required for Us to operate the Services is revoked, terminated, modified, or, in the case of new license requirements being imposed, the applicable license is not granted to Us, or is granted to Us but in such a way as to prevent Us from continuing to make the Services available, or a Network Operator from enabling Us to make the Services available.

 

12.3. Termination by Us

 

We may terminate the Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified such that it is no longer commercially viable or possible for Us to make the Services available.

 

12.4. Effect of Termination

 

Termination of the Agreement for any reason does not affect any rights that have accrued to either Party under the Agreement up to the date of termination. The terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.

 

12.5. Obligations upon Termination

 

Upon termination of the Agreement:

 

(a) You must immediately cease to use the Services;

 

(b) All amounts then owed to Us under or in connection with the Agreement will become immediately due and payable;

 

(c) You will forfeit any unused credit on your account, except for payments received by us within seven (7) days prior to termination; and

 

(d) All licenses and rights granted under these Terms will terminate immediately.

If you have any questions about this policy or the terms outlined, please contact:

SMSC Network, LLC
12222 Merit Drive, Suite 1200
Dallas, Texas 75251, USA
Email: legal@smscnetwork.com

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