Service Provider Agreement
1. Subject of the Agreement
1.1. THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) describes and regulates as applied to and in accordance with the conditions and requirements of SmsCoin services stored on http://smscoin.net/ website, a valid and binding agreement between SmsCoin and any adult entity (the “Customer”) registered on the website according to Clauses 6.1 and 7 in this Agreement. Must be 18 years old or older to enter into this Agreement, depending on the country of residence. Hereby Agreement is applicable to any change without prior notice.
2.1. Carriers – shall mean mobile operators who provide mobile services;
2.2. Subscriber – shall mean the user of mobile carrier network;
2.3. Content – shall mean any data (SMS / MMS) containing a keyword and is sent to unique short codes set by mobile carriers according to specific country;
2.4. Short code – shall mean the code(s) connected to mobile telephone operators enabling access to SMS service;
2.5. Payout period – shall mean the date the payouts occur;
2.6. Spam — shall mean unauthorized e-mail distribution.
3. SERVICE DESCRIPTION AND TECHNICALITIES
3.1. SmsCoin provides various services, solutions and extensive support based on web-interfaces which can be found on http://smscoin.net/ website, including set up of an HTML-code, interface choice with a short code displayed which users send SMS-messages to, with arbitrary text as well;
3.2. SmsCoin services are provided to Customer owning a website with an access to administration page and must be the owners of the domain as well;
3.3. SmsCoin services provided based on the Agreement bellow;
3.4. Technical abilities of SmsCoin services:
а) The ability to follow up SmsCoin Customer's account on http://smscoin.net/ website;
б) The ability to follow up real time statistics of stored funds on http://smscoin.net/;
в) Reply SMS-message set up (Subscriber receives this reply if the SMS-message was accepted by Customer);
г) Automatic participation in best project ratings, participation in sweepstakes and auctions (if such activity is approved);
е) The ability to follow up real time statistics and accounts using MIDlet program following its set up on personal phone or computer.
4. ENTIRE AGREEMENT
4.1. Unless otherwise mentioned every single claim, request, question or as such should be written to firstname.lastname@example.org;
4.2. The Agreement is a legally binding contract between the Customer and SmsCoin, and regulates Customer's usage of SmsCoin services;
4.3. If any Clause in this Agreement is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable then the remaining Clauses of this Agreement shall continue in full force and effect;
4.4. SmsCoin failure to respond to a breach of one or more Clauses of this Agreement by the Customer shall not prevent it from exercising that or any other right or remedy on that occasion or any other occasion.
5. SERVICE PROVIDER UNDERTAKINGS
5.1. The Customer understands and accepts that SmsCoin shall not be liable in any case for the content received while using SmsCoin services. SmsCoin is not responsible for SMS-message texts sent based on SmsCoin services by the subscribers and does not guarantee its unity and accuracy. Customer acknowledges that SmsCoin is not liable for offensive, unworthy and controversial SMS-messages that Customer might receive while using SmsCoin services;
5.2. Customer acknowledges SmsCoin rights to limit its services, and SmsCoin shall not be liable for any failure, interruption, delay and inaccuracy in delivering Subscribers queries;
5.3. Customer acknowledges that SmsCoin is entitled to change terms and conditions of this Agreement at any given time without prior notice;
5.4. SmsCoin will not take part in any possible differences an/or disputes between the Customer and the Subscriber;
5.5. Any information and/or advice offered by SmsCoin shall not in any case be considered as a guarantee, and should be taken as advice only;
5.6. SmsCoin shall not be held responsible for any service failure, suspension or delay. Notwithstanding any other Clause of this Agreement SmsCoin shall not be liable for any consequential, direct and/or indirect losses including non-availability, disruption, delays failures or other omissions while using its services;
5.7. SmsCoin reserves the right from time to time to improve or alter the services as it deems appropriate;
5.8. In case Client have not been satisfied with SmsCoin service, its requirements, rules, standards, its content or the method of providing services, the Client has the exclusive right to terminate the SmsCoin service. In that case, mutual payouts on both sides will take place according to Clause 9 of this Agreement;
5.9. In case SmsCoin has reasonable grounds to believe that its service is being used for illegal purposes, Customer account and the access to funds in it will be blocked, and Customer will be notified by e-mail. In due course, the parties shall operate in the manner described in Clause 6 of this Agreement;
5.10. Customer undertakes not to infringe the rights of any third party, directly or indirectly. Additionally, the Customer undertakes not to make available service or content and/or promote his / her service or content on web pages with offensive nature such as content which promotes or legitimate racism, revisionism, or any other form of discrimination; provoking violence or; provoking or encouraging reprehensible or illegal actions. If the above was proved to be true, Customer's account and the access to funds will be blocked, and Customer will be notified by e-mail. In due course, the parties shall operate in the manner described in Clause 6 of this Agreement;
5.11. In case it became clear that SmsCoin' registered Customer has concealed the fact about forwarding forbidden information, SmsCoin reserves the right to block Customer's account without prior notice;
5.12. In case SmsCoin discovers that one or more details entered during the registration to sms:key or sms:safe are false, SmsCoin reserves the right to block or delete the sms:key or sms:safe in question;
5.13. SmsCoin reserves the right to block services if Customer's traffic is not in compliance with traffic average in whole system;
5.14. Using SmsCoin services Customer acknowledges and agrees to the fact that his/her phone number could be used in advertising purposes.
6. CUSTOMER OBLIGATIONS
6.1. Customer must go through the registration process as following:
а) to fill out the registration form;
б) to agree to the terms and conditions of the Agreement as described in Clause 6.1 of this Agreement.
6.2. To be able to use SmsCoin service, the Customer agrees to provide true, accurate and complete information about oneself in registration form and keep on updating the information if necessary. Assuming the Customer provides false details or in case SmsCoin has serious doubts about the information provided by the Customer being false, inaccurate and incomplete, SmsCoin reserves the right to suspend or to cancel Customer's registration and decline the availability of the service; or to request personal details such as passport number and the place of residence;
6.3. Upon completion of the registration process, Customer receives log-in name and password to access the website interfaces which enable account control and statistics of SMS-messages sent to unique short codes. Customer is solely responsible for log-in name and password security, as well as for any action taking place under Customer's account details on http://smscoin.net. Customer agrees to notify SmsCoin immediately in any case of unauthorized access (without Customer's permission) using Customer's log-in name and password, and / or any security breach. Customer ends any work session under his/her own password by him/herself (using "Exit"link) at the end of each session of SmsCoin service site http://smscoin.net. SmsCoin shall not be held responsible for any lost or corrupted data, which might occur due to a violation of Clauses in this part of the Agreement by the Customer;
6.4. This Agreement shall be held binding under all circumstances for all registered Customers;
6.5. Customer acknowledges and confirms his/her understanding of SmsCoin security policy on http://smscoin.net/info/nospam/ website, and is fully responsible for his/her own actions and the actions of his / her clients.
7. DURATION – TERMINATION
7.1. This Agreement shall be effective the moment the Customer agrees to terms and conditions of this Agreement and clicks "I Agree" button;
7.2. Duration period of this Agreement shall commence at the moment Customer's registration process on smscoin.net website or domains leading to this website were successful and is ended at the moment of the Agreement termination. The Parties expressly agree that the Agreement may be terminated by either side as of right and without prior notice.
7.3. Customer shall have the right at any time to terminate the Agreement with SmsCoin and deny SmsCoin service using http://smscoin.net web interface. The Customer shall be entitled to receive sums payable to the Customer by SmsCoin under this Agreement;
7.4. SmsCoin shall be entitled to terminate the collaboration with the Customer in the event of a breach of any of the Clauses of this Agreement;
7.5. SmsCoin shall have the right to terminate the maintenance in case there is no correspondence from subscribers within 30 days;
7.6. SmsCoin shall have the right to suspend or terminate its service with written notice sent to Customer's e-mail account or through http://smscoin.net website. In case of service termination Customer shall be entitled to receive sums payable by SmsCoin under this Agreement;
7.7. SmsCoin shall not be required to store Customer's data such as registration form information, subscribers query statistic, etc. following the Agreement termination.
8.1. Within its service functionality SmsCoin shall undertake to respect SmsCoin Customers information confidentiality;
8.2. Customer consents SmsCoin to use Customer's personal information in general to conduct marketing research and SmsCoin site targeting. E-mail addresses and other data specified by the Customer during the registration will not be disclosed to any third party;
8.3. Both parties undertake to keep Customer's password to website interface manager of SmsCoin service secured at all times;
8.4. In order to change the information in SmsCoin control panel, user has to send the corresponding request to SmsCoin technical support department via email@example.com with his ID in the system and the explanation regarding the reason for the change of his details. The letter must be sent from the e-mail address which was specified during the registration process in SmsCoin system.
9. TERMINATION AND FORCE MAJEURES
9.1. SmsCoin cannot guarantee constant, fault free access to SmsCoin service. SmsCoin service performance might be interrupted by factors beyond its reasonable control such as force of nature and alike, and to prevent or overcome it is beyond SmsCoin powers and abilities;
9.2. Access to service, as well as subscriber's information transferred in form of SMS / MMS depends on various technical necessities (such as functionality of suitable mobile communication networks for selected mobile carrier, etc.), which partially beyond SmsCoin' powers of influence or scope of activities. If service is not available, or SMS / MMS does not reach the subscriber or the form of the message is unfamiliar to subscriber, SmsCoin shall not be held responsible if the fault above is not anywhere within SmsCoin area of responsibility;
9.3. SmsCoin shall not be liable for SmsCoin service compatibility with Customer's data, programs, configurations, and additional hardware and software resources. Particularly, SmsCoin shall not be liable for Customer' loss of business or profits, disruptions, delays or failures following the integration progress or failure of the same. SmsCoin shall not be held responsible for the losses inflicted by the third party in case of unlawful use of Customer's log-in name and password;
9.4. SmsCoin reserves the right to suspend access to part or to all of the services as required for the purpose of remedial or preventative maintenance or improvement provided that SmsCoin will notify the Customers at least on day before and specifying the end time of the process via e-mail or smscoin.net website;
9.5. Due to any unpredictable causes, as well as setbacks or malfunctions in third party' hardware-software, or any actions directed to suspend or terminate SmsCoin service functionality – the suspension of SmsCoin services possible without prior notice.
10. FEES AND PAYOUT TERMS
10.1. All mutual payouts according to this Agreement are made in US Dollar (USD). US Dollar (USD) currency used solely for the purpose of calculating the mutual financial obligations;
10.2 Payouts are transferred to the Customer (private entity) at the end of paid period. All payouts are in US Dollar (USD) according to the rate of Bank of Israel at the moment payouts are made;
10.3. All the necessary operating costs and exchange rates possible are taken from the Customer as specified in Clause 10.2;
10.4. The accuracy of the payout process to the Customer depends on the details specified by the Customer in registration form at the time of registration. Payouts are made through WebMoney electronic payment system and to MasterCard debit cards from Payoneer company;
10.5 Subscribers' unpaid queries to mobile carriers or unauthorized access queries sent by subscribers to mobile carriers are not taken into account when calculating the cost of services;
10.6 Statistics and the payouts at the end of paid period can be adjusted in accordance with Clause 10.5 of the Agreement.