SMSonline: general terms and conditions of use

1. Service

SMSonline is a web-based messaging (texting) service, which allows users to send short text messages (SMSs)  immediately or at a pre-defined time, or allows users to send an amount of short messages grouped according to certain criteria.

 
2. Parties

2.1. Service provider

ITware IT Service Provider and Commercial Ltd., with headquarters in Budafoki út 209., H-1117 Budapest, Hungary. No. of registration at the company registry: Cg. 01-09-695178. Tax code: 12617029-2-43

 
2.2. User

Any corporate body or private individual who connects to the Internet in any way in order to use the service for data transfer offered by the service provider.

 
3. Usage of the service

This service is available for use only after registration.

1)   After registering with the service using the online form, user will have access to a limited service.

2)   In order to gain access to the unlimited service the user has to provide the service provider with the following data. It does not mean that the data entered in the online form is not necessary.

3)   The necessary data for unlimited service if the user is a:

a) corporate body: name of the company, address of the headquarters, no. of registration, tax code

b) private individual: name, address, ID card / passport number, address card number (if applicable)

4)   Users who provided data for the unlimited service have to notify the service provider in 15 days if any change occurs to the data provided.

5)   Users who provided data for the unlimited service agree to accept the right of the service provider to check validity of the provided data.

6)   If, at any time it turns out that the data provided by the user is not valid, or it is partly not valid, or outdated then the service provider has the right no to commence the service for the user, or suspend the provision of the service for the user.

7)   The service provider declares that the data provided by the user will be treated and protected according to Article LXIII./1992 of the Hungarian Law about the Treatment of Personal Data, and the service provider guarantees the safe and appropriate usage of these data.

 
4. Accepting the terms and conditions

Completing the registration process means that the user accepts these terms and conditions, and uses the service according to these terms and conditions.

 
5. Responsibilities

1)   It is not allowed to use the service to transmit messages with objectionable content, such as content that is against the law or against any other regulation, or against morality, or is otherwise objectionable as reasonably determined by the service provider.

2)   It is not allowed to use the service in such a way that could harass or disturb other people.

3)  The service provider excludes any kind of responsibility related to points 1) and 2) in part 5. It is the user who is responsible for the content of the messages, and for the way he/she uses the service.

4)  The service provider is not responsible or liable for any damage caused by the impossibility of delivering certain messages.

 
6. Description of service

1)   Limited service: valid for those corporate bodies or private individuals who didn’t provide the necessary information for their proper identification. The limitation applies to the number of messages that can be sent at once.

2)   Unlimited service: those users who provide all the necessary information for their identification can send an unlimited number of messages at once.

3)   After registration users can gain access to the service using their automatically generated, unique credentials sent to them.

4)   The user has to cover the financial side of the service as … The service provider provides the user with the service as long as the financial cover provided by the user lasts. (It is a pre-paid service.)

5)   The user can make settings that influence the grouping, scheduled sending, repeat sending, frequency of messages.

6)   The service logs the login time of the user, the origin of the login, the number of messages sent, and the time of sending.

7)   These logs are available for consultation at any time for each user, so the users can keep track of their use of the service.

8)   In case of any litigation, the parties consider the log data valid and credible, unless it’s proven that these data may not be valid due to system malfunction.

 
7. Validity of these terms and conditions

1)   These general terms and conditions might be modified at any time unilaterally by the service provider.

2)   These general terms and conditions are valid till their eventual modification or till the publication of a new such document.

3)   The service provider will publish any modification and change to these terms and conditions on its web site in such a way that all users will be informed in time, so that users can decide whether to continue use the service or not.

 

Last updated: 08/02/2007