1. SUBJECT OF THE AGREEMENT
1.1 Rendering service of sending SMS messages via Executor’s Web interface.
1.2 Rendering service of sending SMS messages via API.
2. RIGHTS AND LIABILITIES OF
THE PARTIES
2.1 Executor is liable:
2.1.1 to render Service at a high professional level, complying with legislation,
operating in the
2.1.2 to render technical support promptly at the request of the Client,
if necessary;
2.1.3 to inform the Client of the obstacles, which are being discovered during
the course of the execution of the Agreement, which influence or may influence
rendering of Service by the Client;
2.1.4 to act promptly and eliminate arising disturbances (failures) within
4-6 working hours from the moment of the receipt of the disturbance (failure)
message.
2.2 Executor has the right:
2.2.1 to set
the method and type of Service, taking into consideration the requests of the
Client;
2.2.2 to block
accounting record (account) of the Client temporarily in case of violation of
the terms of the agreement by the Client or in case of any other reasonable
excuses.
2.3 Client is liable:
2.3.1 to settle
payments fixed in the Agreement in time;
2.3.2 to withhold operation that prevents the Executor from the
fulfillment of the liabilities under the Agreement and usage of his / her
rights;
2.3.3 not to
distribute advertisement via SMS, if the subscriber has not ordered it;
2.3.4 to follow the legislation, customs and traditions of the country,
where he / she lives or distributes / delivers sms messages;
2.3.5 for the
trustworthiness of the provided data.
2.4 Client has the right:
2.4.1 to receive from the Executor the report of the course of the
fulfillment of rendered services at the current moment.
3. TECHNICAL TERMS AND OPTIONS
3.1 Terms
Account – accounting record in the Executor’s system concerning
SMS sending
Login – name of the user of the accounting record in the system concerning SMS
sending
API – automated interface (gateway) through which
the Client may send SMS messages from his / her server (or website) via HTTP protocol
Web interface – application allowing completion of
different tasks through browser (for example making SMS-campaign or
administering contact lists)
3.2 Options
3.2.1 Guaranteed
capacity of servers – 20 requests per second (20 SMS per second);
3.2.2 Sender ID
up to 11 symbols or 15 numerical signs;
3.2.3 Maximum length of SMS message – 160 symbols for messages, composed
in Latin characters (7-bit GSM alphabet) and 70 symbols if SMS is sent as Unicode.
4. PRICES
4.1 Cost
of the Service is the subject of the agreement between the Parties and is not fixed
for the full period of the Service.
4.2 Executor
is not obliged to inform of the change of the price, if it has not been fixed
in the agreement. Even so in most cases executor is running price-change
notifications via email.
4.3 If
there has been no activity on the account of the Client within half a year or 183
days, money on the account are set to zero without the possibility for the reclamation.
5. LIABILITIES OF THE PARTIES
5.1 Executor
is not liable for non-fulfillment of the terms of the agreement in case of SMSC
blockings in networks of related operators.
5.2 Executor
is not liable for the non-fulfillment of the terms of the agreement if during message dispatch the mobile phone is turned
off for a longer while (starting from 2 days), or the subscriber (receiver) is
abroad (is using roaming), since it is not possible to know the correct status
of the receipt.
5.3 Client is liable for the messages, which are sent
by him / her and harm caused by him / her.
5.4 Client
is liable for the consequences of loss or transfer of Service sensitive data to
third parties, including login and password.
6. FINAL PROVISIONS
6.1 Agreement
comes into force from the moment of its signing (agreeing with) and it is
executed for an unlimited period.
6.2 Agreement
is terminated:
6.2.1 under the consent of both parties concerning the termination of
the agreement;
6.2.2 upon the initiative of any of the Parties
with a 1 month written notice by the other party concerning the termination of
the agreement;
6.2.3 upon the initiative of the Executor in case
of non-payment of the invoice for rendered services within 20 days.
6.3 This Agreement is subject to change. Proper
notification is sent via e-mail providing a link to the revised Agreement. Your
continued use of the Services will indicate your acceptance of the revised
Agreement.
6.4 All disputes, which arise during the
execution of the current agreement, are to be solved by negotiations. In case
of discrepancies, disputes are to be solved in the course, which is set by the operating
legislation of the