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 Republic of Estonia, customs and traditions of the current country;

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 Republic of Estonia in Harju County Court.