Terms & Conditions

Introduction

These terms and conditions govern the legal relationship between SMSPay and its Partners and incorporate the provisions of the SMSPay Privacy Policy.

TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF SMSPAY TO YOU AND THAT INDEMNIFY SMSPAY AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.

Please read these terms and conditions carefully.

1. Interpretation

The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:

"SMSPay" means the SMSPay legal entity responsible for providing the Services to you in your territory, the SMSPay legal entity with whom you contract for the provision of the Services in your territory. This legal entity is registered in Estonia as Nettora Systems OU at the address Harju maakond, Põhja-Tallinna linnaosa, Tööstuse tn 48, 10416, Tallinn, Estonia;
"Recipient" means any person who receives any message sent by a Partner offering the Services;
"Network Operator" means any party licensed to install, operate and maintain a cellular telephony network;
"Services" shall mean and include all products and services provided by Partner to SMSPay;
"SMS" means a short message service provided by means of a text or data message to the cellular handset;
"Partner" shall mean a user that owns a mobile handset and using its handset sends or received an SMS through the SMSPay mobile app;
"Website" shall mean all websites published by SMSPay including smspay.me and shall include any page or parts thereof.

2. Agreement

  1. Partner is using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
  2. Should a Partner not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the Partner should immediately cease using the Website and the SMSPay app and/or terminate the registration process.
  3. Partner may not use the Website or the Services if they are not of a legal age to form a binding contract with SMSPay.
  4. Partner agrees that all terms and conditions herewith published shall be binding on the Partner and that should there be any contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
  5. SMSPay reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor.

3. Changes and Amendments

  1. SMSPay expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website or SMSPay app without prior notice.
  2. Partner undertakes to check the Website or SMSPay app frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and SMSPay app and, in this regard, Partner undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Partner can download this agreement at https://smspay.me/terms.html

4. The Services

  1. SMSPay has developed a mobile app (“the app”) and the Parter is installing it on their mobile handset. Partner’s mobile handset will send or receive SMS messages and in exchange Partner will be compensated by a standard fee for each message sent or received.
  2. Partner can freely choose the number of messages allowed to be sent or received on a monthly basis. Partner also chooses the compensation fee that SMSPay will pay for each sent or received SMS message.
  3. Messages shall be deemed to have been delivered when Partner’s SMSPay app has sent the messages to the network with positive acknowledge. All those SMS are considered as delivered and contribute to the Partner’s earnings.
  4. Partner has full control over their mobile handsets and SIM cards, including the chance to suspend or terminate service at their sole discretion at any time.
  5. SMSPay shall have the right to withhold, terminate or suspend the provision of Services to the Partner at any time.

5. Acceptable Usage

  1. Partner acknowledges and understands that SMSPay acts as a conduit for the provision of information and content. Partner acknowledges that SMSPay, or its customers, shall be responsible for any content transmitted. Partner shall observe all relevant legislation and regulations applicable in their jurisdiction. It shall be the sole responsibility of Partner to familiarize himself/herself with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
  2. Partner shall furthermore ensure that all payments received from SMSPay are personal and can be affected by taxes according to their jurisdiction. Partner is liable for accounting for taxes on the compensation fee they receive from SMSPay. SMSPay does not offer tax advise and is unable to assist users in their personal tax liabilities.
  3. Partner shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by SMSPay or by the Partner of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which SMSPay shall be entitled to immediately suspend or terminate the provision of Services to the Partner and the Partner shall have no claim of any nature against SMSPay (including claims for re-imbursement, refund, compensation or damages).
  4. Partner may not use, or knowingly allow others to use, the Services for any purpose that may bring SMSPay’s name into disrepute, or for any purpose that, in SMSPay’s sole and absolute discretion, is improper, immoral or undesirable.
  5. Partner shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of SMSPay nor any Network Operator.
  6. In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by SMSPay in relation to a Partner, then the Partner hereby acknowledges and agrees that SMSPay may in its sole and unfettered discretion suspend or terminate Services to a Partner without prejudice to any other rights that it may have in law or in terms of these terms and conditions.

6. Registration and Security

  1. To register and make use of the Services, a Partner must complete the registration process and must provide SMSPay with up to date, complete and accurate information as requested by SMSPay. Failure to provide accurate and complete information on registration may result in termination of the Services. A Partner may also be required to choose a username (email address) and password. Partner is responsible for maintaining the confidentiality of their usernames and passwords and Partner undertakes not to divulge his/her username and passwords to any other person.
  2. Partner agrees to notify SMSPay immediately of any unauthorized use of his/her account(s) or any other breach of security.
  3. It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to the SMSPay app, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to the app. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to the app shall be held criminally liable and in the event that SMSPay should suffer any damage or loss, civil damages will be claimed.
  4. Partner acknowledges and agrees that SMSPay shall not be liable to the Partner or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of Services.
  5. No SMSPay account may be transferred from one person to another without the written consent of SMSPay. Where SMSPay consents thereto, the new person shall be responsible for updating all details on the account accordingly.
  6. In the event that a Partner forgets his or her password and/or his or her contact details used for password recovery have changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, SMSPay will call or e-mail the existing contact telephone number or email address on the account. The Partner agrees that if there is no response or no confirmation of the above request, the Partner may be required to re-register. The Partner further agrees that if any person responding to the above contact confirms the request, then the request may be effective and a new password may be issued to such person and the Partner agrees that SMSPay shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorized people have gained access to the Partner’s email account or mobile number.

7. Privacy

  1. Partner agrees that he/she shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of Recipients including but not limited to names, addresses, email addresses, mobile telephone numbers and shall not disclose the personal information to any third party.
  2. Where the personal data of any EU member state subject are transferred to SMSPay in a non-EU member state for processing, SMSPay undertakes to ensure technical and organizational security measures that provide a level of protection appropriate to the risks represented by the processing of such data and in order to protect such data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access or any other unlawful form of processing.

8. Payment and Prices

  1. Partner increases his/her balance per each message sent or received through the SMSPay app. The profits per individual message depend on the message destination and the price set by Partner through the app.
  2. Earnings range per each SMS may be varied by SMSPay from time to time without prior notice to Partner.
  3. Payment security: Partner acknowledges that SMSPay makes use of secure third-party payment gateways to execute bank transfers or cryptocurrency payments and agrees that SMSPay can, from time to time, modify, add or remove any such kind of payments.
  4. Without prejudice to any other right that it may have in law, SMSPay shall have the right to suspend or disable the operation of any Partner account and the provision of services to any Partner where SMSPay reasonably suspects that activity has been made or effected by fraudulent means.

9. Breach

  1. Where a Partner breach any of these terms and conditions, without prejudice to any of its legal rights, SMSPay shall be entitled to, amongst other things, to cancel its agreement with the Partner, to suspend or terminate the provision of services to the Partner and or suspend, disable or terminate the Partner's account/s.
  2. Where a Partner account is suspended or terminated due to any breach of these terms and conditions, SMSPay reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such Partner, as well as suspend or terminate any account registered by any other person or persons whom SMSPay, in its sole and unfettered discretion, believes is affiliated with the Partner concerned.

10. Limitation of Liability, Warranties and Indemnities

  1. THE PARTNER HEREBY INDEMNIFIES AND HOLDS SMSPAY HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
  2. SMSPAY SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
  3. Furthermore, SMSPay makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
  4. These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the Partner and SMSPay.
  5. The Website, the Services and the app are supplied on an "as is" basis and are not supplied to meet the Partner's individual requirements. To the fullest extent permitted by law, SMSPay disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the Partner to satisfy itself prior to entering into this agreement with SMSPay that the Services, the Website and the app will meet the Partner's individual requirements and be compatible with the laws in his/her jurisdiction.
  6. Partner indemnifies and holds SMSPay harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the Partner that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
  7. In the event of any litigation between SMSPay and the Partner, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
  8. Partner further indemnifies and holds SMSPay harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorized use of the Partner's Username and password or loss thereof.
  9. In no event shall SMSPay be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorized use of the Website, the Services or the app, whether such damages arise in contract, under statute, in equity, at law or otherwise.
  10. In the event that a Partner has a valid claim against SMSPay arising from any Services provided under these terms and conditions then the Partner's claim will be limited to the amount that SMSPay paid Partner for the Services that are the subject to the claim in the last three months prior to any such claim.

11. General

  1. 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 these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

12. Proprietary Rights

  1. All content, trademarks and data on this Website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to SMSPay, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the Partner herein, all other rights to all intellectual property on this site are expressly reserved.
  2. SMSPay shall grant a Partner an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in conjunction with the relevant Services. The Partner may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to SMSPay products and/or services. The Partner acknowledges that SMSPay retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the Partner shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the Partner to test the Services should they wish prior to entering into this agreement.
  3. Content from the Website may not be used or exploited by Partner for any commercial and non-private purposes without the prior written consent of SMSPay.

13. Applicable Law

  1. These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Estonia and the Estonian courts shall have exclusive jurisdiction in respect of any disputes that may arise between the Partner and SMSPay.

14. Entire Agreement

  1. These terms and conditions constitute the entire agreement between SMSPay and the Partner.
  2. Any reference in these standard terms to the singular includes the plural and vice-versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
  3. Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
  4. Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
  5. To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.

15. Contact Information

  1. If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served: to support (at) smspay.me

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