SMS Corporate service, Terms and Conditions
Ooredoo’s corporate bulk messaging service which is a web-based one-to-many
mobile messaging service.
Defintions:
1.1
Ooredoo Q.S.C.
1.2
GSM: Means the Digital,
Global network system for
1.3
Person: Includes firms and
organizations having legal entity
1.4
Customer: Means any person
with a SIM card connected to the GSM system to whom a cellular phone number is
assigned
1.5
Tariff: Means the tariff
published by Ooredoo from time to time setting out the rates of charges
1.6
SMS Corporate service:
Means the ability to send messages to anyone with a GSM phone in the Customer’s
distribution list and customer, client and supplier databases via SMS as long
as they have all the necessary equipment and services for Internet access.
1.7
Charges: Means and
includes:-
a the
charges applicable at the rate set out in the tariff sheet.
b connection
charges: the charges identified in the tariff sheet for connection of the
service and payable once in advance.
c Minimum
Fee: The monthly subscription fee identified in the tariff sheet.
d Other
charges: Includes charges of service disconnection/reconnection, change of
optional service, and any other such charges as Ooredoo may from time to time
determine.
The following are the terms and conditions for
use of the corporate messaging service (the "Service"). Please read
them carefully.
Important: By signing on the Application form and/or
accessing any part of the Service from Ooredoo, you are representing that you
accept all the terms and conditions of this service conditions, and consent to
be bound by and become a party to this service. If you do not agree to all the
terms and conditions for provisioning of this service agreement, or cannot
comply with these terms and conditions, click the Cancel button; the
registration process will not continue and you will stop all use of the service
and will have no authority to use the service.
If you have ordered the service, Ooredoo's acceptance is expressly conditioned upon consent
to all the terms and conditions of this service; these terms are considered an
offer to Ooredoo, acceptance is expressly limited to these Terms.
- THE SERVICE
The Service consists of a browser interface,
data transmission, data access (as available), and data storage. You are
responsible for obtaining and maintaining all computer hardware, software and
communications equipment needed to access the Service, and for paying all
third-party access charges (e.g., ISP, telecommunications) incurred while using
the Service.
Ooredoo makes no guarantees as to the continuous
availability of the Service or of any feature(s) of the Service. Ooredoo
reserves the right to change the Service or the terms and conditions thereof as
detailed in Section 7 hereof which change(s) will be effective immediately upon
notice to the user.
- ELIGIBLE SUBSCRIBERS
Accounts are not available for individuals. By accepting
these terms you confirm that you are a legal entity or an authorized
representative thereof or a Commercial Established (trader, etc.) and capable
of entering into a binding agreement.
- CUSTOMER ACCOUNT, PASSWORD, AND SECURITY
To open an account to use the Service, you must
complete the registration process by providing us with current, complete and
accurate information as prompted by the Registration Form. You will also
specify a password and an Customer name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You agree
to notify Ooredoo immediately of any unauthorized use of your account or any
other breach of security.
- CUSTOMER PRIVACY
It is Ooredoo's policy
to respect the privacy of its customers. Ooredoo will not edit, or disclose any
personal information about you or your messaging account, including its
contents, without your prior permission unless Ooredoo has a good faith belief
that such action is necessary to:
i)
conform to legal
requirements or comply with legal process;
ii)
protect and defend the
rights or property of Ooredoo;
iii)
enforce this Service terms
and conditions or protect Ooredoo's business or
reputation, including without limitation upon termination, cancellation or
suspension of this Agreement by Ooredoo;
iv)
respond to request for
identification in connection with claim of copyright or trademark infringement
by you or a claim by a third party that you are using the Service in connection
with an infringing, illegal or improper activity; or
v)
act to protect the
interests of its customers or others.
You agree that Ooredoo may access your account,
including its contents, as stated above or to respond to service or technical
issues.
- MESSAGE AND ADDRESS BOOK STORAGE, OUTBOUND MESSAGES AND OTHER
LIMITATIONS
Ooredoo assumes no responsibility for the
deletion or failure to store information. Ooredoo does not set an upper limit
on the number of messages a member may store or send through the Service;
however, Ooredoo retains the right, at its sole discretion, to determine
whether or not Member's conduct is consistent with the letter and spirit of the
Service terms and conditions and may terminate Service if a Customer’s conduct
is found to be inconsistent with the Agreement. Ooredoo may, in the future,
with prior notification, limit the amount of storage space available to eachCustomer.
- CUSTOMER CONDUCT
The Customer is not allowed to resell the
Service or lend it to third parties. . You agree to abide by all applicable
local, state, national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your account or
password, including the content of your transmissions through the Service. By
way of example, and not as a limitation, you agree not to:
i)
use the Service in
connection with chain letters, junk email, junk phone messages, junk faxes,
spamming or any duplicative or unsolicited messages (commercial or otherwise);
ii)
harvest or otherwise
collect information about others, including Mobile Telephone numbers , without
their consent;
iii)
create a false identity or
forged email, phone or fax address or header, or otherwise attempt to mislead
others as to the identity of the sender or the origin of the message;
iv)
transmit through the
Service unlawful, anti-religious, anti-social, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature;
v)
transmit any material that
may infringe the intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity;
vi)
libel, defame or slander
any person, or infringe upon any person's privacy rights;
vii)
transmit any material that contains
viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
viii)
violate any Qatar law
regarding the transmission of technical data or software exported through the
Service;
ix)
interfere with or disrupt
networks connected to the Service or violate the regulations, policies or
procedures of such networks;
x)
attempt to gain
unauthorized access to the Service, other accounts, computer systems or
networks connected to the Service, through password mining or any other means;
xi)
interfere with another
Member's use and enjoyment of the Service or another entity's use and enjoyment
of similar services;
xii)
engage in any other
activity that Ooredoo believes could subject it to criminal liability or civil
penalty or judgment; or
xiii)
engage in any activity that
is prohibited and in violation of any existing
Ooredoo may, at its option and without further
notice, use anti-spam technologies, such as automatic word and spam filters
that may terminate messages without delivering them or prevent or prevent
messages from reaching you. You may not use the Service in a way that imposes
an unreasonable or disproportionately large load (as agreed with Ooredoo) ) on
our infrastructure or that otherwise would harm or breach our arrangements with
any of our service providers.
- FEES, PAYMENT AND YOUR RIGHT TO CANCEL
i)
Fees. In consideration for the use of the Service,
you shall pay to Ooredoo connection fee(one-off), short code rental
fee(Quarterly) if subscriber to short code and monthly transaction or
subscription fee (as appropriate) for messages delivered or partially delivered
using any available delivery method, at the applicable rate in effect. The
current fees are reflected in the Tariff Plans section of the website. Ooredoo
may from time to time offer limited time "Free Trial" or similar
promotions during which no transaction fees or reduced transaction fees shall
apply. Such promotions are intended for users to test the capabilities of the
Service and/or for casual, personal use only. During such promotions, all
provisions of this Agreement shall remain in full force and effect.
ii)
Billing Period : Bills in respect of the
service will be issued on a calendar month basis.
iii)
Payment. Transaction fees are due and payable from time to
time as notified through regular bills .
iv)
Minimum Liability: Ooredoo reserves the right
to charge the customers who cancel the service(SMS Corporate and Short Code)
before completing 3 months of service,‘ minimum charges’ as referred to in
tariff schedule, for 3 months on a pro-rata basis. This minimum liability will not be
applicable, if the customer changes to various slabs of SMS Corporate
Volume/Web without break, provided that the customer completes 3 months of
service altogether.
v)
Service Initiating and Terminating Months: SMS traffic during these months will be charged on the basis of
‘Minimum charges’ prorated to the number of days of service within respective
months or actual SMS traffic usage charges, whichever is higher.
vi)
Temporary Disconnection/cancellation:
If Ooredoo does not receive full payment of your account balance on or before due date of
your account statement, Ooredoo reserves the right to disconnect the
service and charge Qrs.50 as disconnection fee. If this action does not result
in the settlement of dues, Ooredoo reserves the right to cancel the service after
90 days in accordance with Ooredoo policies You also agree to be liable for all
attorneys' fees, costs and/or disbursements incurred by Ooredoo relating to the
collection of your unpaid account. . You also agree to timely pay for any SMS
purchases made or facilitated through the Service. Also Ooredoo reserves the
right to disconnect this service on account of non-payment of other Ooredoo
accounts under the same customer.
vii)
Termination or Cancellation of Service. You are free to terminate or cancel this Agreement at any time, and for
any reason; provided, however, for such termination or cancellation to be
effective you must carry out such termination in accordance with the policies
and procedures established by Ooredoo.
- MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
i)
Modification of Terms. Ooredoo frequently
updates, modifies, and otherwise continually seeks to improve the Service. Such
changes often dictate that we simultaneously modify our Terms of Service. As
such, Ooredoo have the right to modify the terms of this Agreement and to
change or discontinue any aspect or feature of the Service, in either case as
it deems reasonably necessary. Such changes shall be effective immediately upon
posting of such addition, change, or deletion. Any use by you of the Service
after any such change has been posted shall constitute your acceptance of any
such changes. If you do not agree with any such changes, you may cancel the Service
in accordance with the procedures for cancellation set forth in these
conditions . You acknowledge and agree that it is your responsibility to review
these conditions from time to time and to be aware of any such changes. The
current version of these conditions may be obtained by calling a Support
representative and may also be posted in the Privacy area linked to the Login
page.
ii)
Termination, Cancellation and/or Suspension by Ooredoo; Disclosure of
Information. This service and the license granted hereunder
may be terminated, canceled and/or suspended by Ooredoo at any time if, in Ooredoo's determination, you breach these Terms of Service.
Such termination, cancellation and/or suspension by Ooredoo shall be effective
immediately upon notification by Ooredoo to you in any reasonable manner,
including but not limited to, notification by e-mail. Upon, during, and/or
after any such breach, Ooredoo may elect to suspend, terminate and/or cancel
this Service and/or recover any and all damages from you arising from or
relating to the event(s) giving rise to the suspension, termination or
cancellation.
iii)
Complaints. In the event that Ooredoo receives complaints
from recipients or third parties with respect to your use of the Service, Ooredoo
additionally reserves the right to disclose any and all of your sender contact
information to the applicable authorities upon its receipt of a proper and
legal order therefore.
iv)
Termination or Cancellation of Service. You are free to terminate or cancel this Service at any time after the
initial period, subject to application for termination settlement of all
amounts due to Ooredoo and/or cancellation processing fees, if any.
v)
Obligations Upon Termination and/or Cancellation. Upon termination, cancellation and/or suspension of this Agreement, you
are responsible for any obligations then accrued including, but not limited to,
payment of any costs or charges that may arise in connection with such
termination, cancellation and/or suspension, and payment of all outstanding
transaction fees for use prior to the said termination, cancellation and/or
suspension. Your payment and other obligations under this Agreement are not
suspended, stayed, or otherwise affected by a suspension of your access to or
use of (in whole or in part) of the service where said suspension arises from
your failure to comply with, or your violation of, the terms of these terms and
conditions or of any law or legal obligation. Upon termination and/or
cancellation, for any reason, you agree to immediately cease using and remove
any/all related software installed on any computer in your possession or under
your control. Ooredoo shall have no obligation to you after any termination or
cancellation of the Service .
- NO WARRANTIES OR LIABILITIES
i)
Generally you expressly
acknowledge and agree that use of the service and the internet generally is at
your own risk and that is provided "as is" and "as
available" without any warranties or conditions whatsoever, express or
implied. Ooredoo will use commercially reasonable efforts to make access to
available to you through the required access protocols, but makes no warranty
or guarantee that you will be able to access at any particular time or any
particular location.
ii)
Additional Limitations. Without limiting the
generality of the terms set forth, Ooredoo and its affiliates, agents, content
providers, service providers, and licensors: hereby
a. disclaim all express and implied warranties as to the accuracy,
completeness, noninfringement, merchantability or
fitness for particular purpose of generally, and any content or services
contained therein, as well as all express and implied warranties that the
operation of generally and any content or services contained therein will be
uninterrupted or error-free;
b. shall in no event be liable to you or anyone else for any inaccuracy,
error or omission in, or loss, injury or damage caused in whole or in part by
failures, delays or interruptions in the service, and any content or services
contained therein; (you agree to indemnify us pursuant to section 11 hereof for
any and all third party claims arising from such failures, delays or
interruptions in connection with your use of the service);
c. shall in no event be liable to you or anyone else for any consequential,
incidental, or special damages arising out of, resulting from, or relating in
any manner to the use or inability to use generally, and any content or
services contained therein. .
iii)
High Risk Activities. The service is not
fault-tolerant and is not designed, manufactured or intended for use or resale
as online control equipment in hazardous environments requiring fail-safe
performance, including but not limited to use in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure could
lead directly to death, personal injury, or severe physical or environmental
damage ("high risk activities"). In addition to the other disclaimers
and limitations contained within these terms and conditions, Ooredoo and its
affiliates, agents, content providers, service providers and licensors
specifically disclaim any express or implied warranty of fitness for high risk
activities including emergency notification services.
- THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary
contained herein, the provisions for "No Warranties and Liabilities"
set forth in Section (9) herein are for the benefit of Ooredoo and its
affiliates, agents, content providers and service providers and each shall have
the right to assert and enforce such provisions directly on its own behalf.
- INDEMNIFICATION
You agree to indemnify, hold harmless, and
defend Ooredoo, and its affiliates, agents, content providers and service
providers, against any and all claims, liabilities, damages, costs and expenses
(including, but not limited to, consequential damages, incidental damages,
special damages, attorneys' fees and disbursements) arising from or relating to
i)
the use of the Service in
any manner which violates the terms of these terms and conditions or otherwise
violates any law, rule, or regulation and
ii)
any claims made by third
parties arising from your use of the Service, including without limitation any infringement
for any regulation and all third party claims arising from or related to any
failure, delay or interruption to the Service.
You agree to cooperate as fully as reasonably
required in the defense of any claim. Ooredoo reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
- USE OF PROPRIETARY SOFTWARE AND SERVICES
Subject to the terms and conditions of these
Service terms and conditions, Ooredoo grants you an individual, personal, ,
which is non-exclusive and non-transferable (the "License") to use
its proprietary software and services, in object code form only, and only in
accordance with the applicable end user documentation, if any, and only in
conjunction with these Service terms and conditions. You will not, directly or
indirectly, reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code or underlying ideas or algorithms of the software;
modify, translate, or create derivative works based on the software; or copy
(except for archival purposes), rent, lease, distribute, assign, or otherwise
transfer rights to the software; use the software for timesharing or service
bureau purposes or otherwise for the benefit of a third party; or remove any
proprietary notices or labels on the software. As between the parties, you
acknowledge that Ooredoo and its licensors retain ownership of all software,
any portions or copies thereof, and all rights therein. Upon termination of
this Service Agreement for any reason, this License will terminate and you will
destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS
IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
FOUND IN THE SERVICE TERSMS AND CONDITIONS.
- MISCELLANEOUS
The failure of either party to exercise in any
respect any right provided for herein will not be deemed a waiver of any
further rights hereunder. If any provision of this Service terms and conditions
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Service Agreement will
otherwise remain in full force and effect and enforceable. The Service terms
and conditions are not assignable, transferable or sublicensable
by you except with Ooredoo's prior written consent.
This Service Agreement will be governed by and construed in accordance with
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Conditions of service attached to application. |
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Date of application
: ……………………….. Authorized Signature
: ……………………….. Company Stamp :
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