Providence, 31.07.2013
I. Operator
The SMS service is mediated by:
ARTIO International Co.
Global Gateway 2414
Rue De La Perle
Providence, Mahe
Seychelles
IBC No.: 077178
II. Service Description
Service involves providing a SMS gateway to allow sending SMS (short text messages) to mobile phone numbers. The service is offered to customers who have registered an account at artio.net website and enabled the SMS services. With the registered username and API key provided after SMS service activation, users can use the SMS functionality within different ARTIO products and tools or use ARTIO SMS API to send SMS messages from own applications.
III. Delivery
During transmission, electronic communications may flow through the systems of several mobile networks and other aggregators (“the chain”). Your electronic communication is considered to be delivered once it has been transmitted from our system to our next network service provider in the chain. An electronic communication sent by a mobile phone user is considered to be delivered when it is submitted from our system to you. We will try to ensure uninterrupted and continued use of our services; however this is largely dependent on the effective functioning of network service providers’ infrastructure, network coverage and the recipient’s mobile handset. Please read our disclaimers and limitations of liability
IV. Restrictions on Use
In some countries there are legal restrictions that apply to electronic communications. It is your responsibility to ensure that your conduct is legal. By using our services you also agree to be bound by the Rules of Use.
V. Limitation of Liability
Operator does not guarantee full operation of the service and under no circumstances can be hold responsible for a message not being delivered.
No warranties. Our services are not specifically designed to meet your individual requirements. We do not make any warranties or representations, other than those specifically contained in these Terms, regarding our services or the systems and technology we use to provide the services. We do not warrant that the content and technology available from our website are free from errors or omissions or that the services will be uninterrupted and error free.
Data encryption. Data submitted to our systems may be transmitted in an unencrypted format. We do not guarantee that data cannot be intercepted by others.
Network coverage. We regularly update our network coverage tables for our services on our website. These tables specify all the mobile networks to which we can transmit our services. It is your responsibility to use our services only for transmission to mobile numbers connected to mobile networks specified on our coverage tables. If you attempt to send data or communication to mobile networks not covered, we may charge you even if transmission fails. We do not accept any liability resulting from a failed transmission.
Exclusion of all liability. We do not accept liability for any damages or losses arising out of or related to the use, inability to use or unauthorised use of the services. This includes any direct, indirect, special, consequential, punitive or incidental damages, whether such damages or losses arise in contract, delict (tort), under statute, in equity, at law or otherwise.
Compliance with legislation. We do not modify the content of electronic communications sent or received through our systems or the selection of the addresses of the recipients. We do not accept any liability for any content transmitted and full responsibility for content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons to whom you direct communications when using our services. By using our services you also agree to be bound by the Rules of Use.
Defending complaints from regulatory authorities. You shall be responsible for answering and defending any complaints that we receive from any relevant regulatory body resulting from your use of any of our services. We will forward any complaints to you as soon as practical. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of your response us immediately. You will be liable for any fines or penalties imposed by any regulatory body on you or us or any of our associated companies, due to your contravention of these Terms.
VI. Privacy
Privacy Policy. We will process your personal information in accordance with our Privacy Policy.
Interception and disclosure. We may intercept and disclose any data submitted to our systems in order to protect our property rights, the efficient operation of our systems or to comply with requests from competent authorities or court orders, or to compile, analyse and publish statistical data. You agree that subject to applicable laws we may intercept, filter, lock, read, delete, disclose, and use data submitted to our systems or website.
Disclosure to recipients. The recipient of an electronic communication has the right to know the identity of the sender and we will disclose this on the recipient’s request.
No liability for disclosure. Neither we nor our suppliers will be liable to you or anybody else for any damages or losses suffered due to these actions.
Data collection. You explicitly consent that we may collect and disclose data relating to your use of our services and website for the purpose of analysis, reporting, service quality assessment or research.
VII. Notices
Notices to you. Notices under these Terms will be provided to you via a notification message displayed on your account page or via the latest email address provided to us when registering or updating your account. It is your responsibility to keep your email address current.
Notices to Operator. Notices under these Terms must be sent to us via email at legal@artio.net.
VIII. Account Protection
Information. In order to provide our services, we require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if you give information that is not complete and accurate. You warrant that all information you provide to us is complete and accurate and you indemnify Operator against any liability that may arise as a result of your failure to provide complete and accurate information. You must immediately notify us if any of your information changes.
User name and password. We will give you or ask you to choose a user name and password for each account. We may change, cancel or suspend your password and will notify you.
Security. You are required to:
keep your username, customer ID and password confidential;
not circumvent, or attempt to circumvent, our user authentication systems;
tell us immediately if there is any unauthorized use of your account or any other breach of security;
be entirely responsible for all payments and any activities that occur on your account;
be liable for any damage, loss or costs that we or any third party sustain as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
indemnify us against any claim from any use of your password, account name or account information by a third party or as a result of your violation of this section.
IX. Service Suspension
Reasons for suspension. We may suspend all or some of our services or licences to you:
if you fail to pay any fees due to us;
for scheduled downtime to permit us to conduct maintenance or make modifications to any service;
if it is necessary due to emergency system repair or a system security breach; or
if you use the services in contravention of these terms, applicable law, regulation or industry code of conduct;
if we are required to do so by law; or
in the event of it becoming impossible for us to deliver services to you due to circumstances beyond our control.
Reinstatement. We will restore service once we are satisfied that the cause of suspension no longer exists.
User Requested Suspension. Temporary suspension of this service may be requested by you at the SMS Dashboard page at our website. When the service is suspended, no messages are being sent. You can re-active the service at the same place.
X. Service Termination
Notice. You may end this contract by notifying us via email at legal@artio.net or by using a form at the service deactivate page at our website.
Reasons. We may end this contract immediately on notice to you, if:
you fail to pay any amount due to us;
you commit a breach of this contract;
you commit an act of insolvency, are placed in provisional or final liquidation or are placed under judicial management;
you take steps to deregister yourself or are deregistered;
any of our suppliers stop their services to us;
a governmental prohibition or law prevents us from continuing our services to you.
Consequences. When this contract ends:
you must immediately stop accessing our services and systems;
you must immediately pay all amounts due to us;
you will forfeit any unused credit on your account; and
all licences and rights granted under these Terms will terminate immediately.
