Terms and Conditions
This document TERMS OF SERVICE , hereafter referred to as the Agreement, is agreed between SMSPanda.net, hereafter referred to as Operator, and the person or party identified trough the Buying Form associated to the Operator Website. In the case of a company application, this is the person signing on the company's behalf and who by registering acknowledges having power of representation for that company.
This person is hereafter referred to as the User. Your use of the Services provided by the Operator shall constitute your acceptance of these Terms of Service, hereafter referred to as the Terms of Services or the Agreement, and all of its stipulations as well as your acceptance of all other legal documents of the Operator.
We reserve the right to revise and modify the Terms of Services as the Services may reasonably require according to our sole discretion. Said revisions or modifications shall be posted in SMSPanda.net and, once published therein, shall become binding on User. It shall be your obligation to be informed thereof by accessing, from time to time, such website where the latest version of the Terms of Services may be found. Your continued use of the Services shall be deemed an acceptance of any revision or modification of the Terms of Services.
1. Terms and Definitions
1.1. The User is a person or entity who use the Website for purposes of the use of the Services in accordance with this Agreement and the other legal documents of the Operator.
1.2. The Public Number is a phone number that is assigned to Website by the Operator throughout the validity unlimited period of the for purposes of the use of the Services by the User in accordance with this Agreement and the other legal documents of the Operator.
1.3. The Private Number is a Private link which the Services of the Operator may be made available for use by the User.
1.4. The Private link is a private URL sent to User email where it can view the Operator Services.
1.5. The URL A Uniform Resource Locator (URL), colloquially termed a web address, is a reference to a web resource that specifies its location on a computer network and a mechanism for retrieving it.
1.6. The Operator is SMSPanda.net, which is a mobile virtual network operator that provides the Services to the User through the Providers and using their local mobile networks.
1.7. The Website is the website of the Operator, using which the User can utilise Public Number free or order the Private number for a Rates, for purposes of the use of the Services in accordance with legal documents of the Operator.
1.8. The Rates are the prices for the Services, which are established and/or updated solely by the Operator at its own discretion, and available on the Website.
1.9. The Payment is a certain amount of funds which is sent by the User to the Operator for the Services to be provided according with the Rates.
1.10. The Services are telecommunications services such as SMS and Internet services that are provided by the Operator to the User according with the Rates of the Operator.
1.11. The SMS (short message service) is a text messaging service component of most telephone, internet, and mobile-device systems. It uses standardized communication protocols to enable mobile devices to exchange short text messages.
1.12. The Provider is a third-party telecommunication company that is used by the Operator and assists the Operator with provision of the Services to the Users.
1.13. The Parties are the Operator and the User that shall have their responsibilities, liabilities, and rights under this Agreement.
2. Subject of the Agreement
2.1. Under this Agreement, the Operator provides the Private Number, the Services, and technical maintenance to the User.
The User therefore acknowledges and confirms his/her liability to provide the Payment for the Services to be provided according to the Rates, this Agreement of the Operator.
2.2. This Agreement shall be considered effective and legally binding to the Parties once the User has performed any of the actions presented below in sections 2.2.1. and 2.2.2.
2.2.1. Registering at the Website as well as order, purchase, and/or activation of the Private Number.
2.2.2. Sending of the Payment for the Services to the Operator and/or starting to use the Services.
2.3. Performing of any of the actions presented above in sections 2.2.1. and 2.2.2. by the User shall constitute a proof of his/her acceptance of any and all sections and stipulations of this Agreement as well as the other legal documents of the Operator.
2.4. Provision of the Services to the User by the Operator shall commence within up to 1 (one) hour following the activation of the Private Number by the User and sending of the Payment by the User to the Operator.
2.5. The Private number shall be delivered to the User via email .
2.6. This Agreement shall be considered effective and legally binding for the Parties for the indefinite term and/or until its termination by the Parties or one Party in compliance with the Section 6 of the Agreement.
3. Rights and Obligations of the Parties
3.1. The Operator reserves the right to:
3.1.1. Suspend provision of the Services to the User upon occurrence of irresolvable difficulties that are associated with provision of the Services, which may include but not limited to any technical failure that may render provision of access to the mobile network of the Provider impossible for the User.
3.1.2. Terminate the Agreement in compliance with the Section 7 of the Agreement.
3.1.3. Suspend or restrict provision of the Services to the User in case if he/she violates any and all sections and/or provisions of this Agreement and/or provisions presented in the other legal documents of the Operator. In this case, and if the User possesses more than one Private Number, such suspension or restriction shall be applied in respect of any and all Numbers of the User.
3.1.4. Update and/or make amendments in this Agreement, the Rates, and any and all legal documents of the Operator published on the Website at its own discretion.
3.1.5. Make recordings in database of the SMS that the User send/receive using the Private Number for purposes of assessment of the quality of the Services provide by the Operator.
3.1.6. To provide the Provider and as appropriate any regulator with such information or material relating to the Services as is from time to time requested including without limitation copies of recorded messages and information supplied to Users; User hereby consents to such checks being carried out from time to time and furthermore consents to Operator storing and processing such information.
3.1.7. To suspend, bar or restrict access to the Services if at any time the number SMS to the Numbers causes or is liable to cause congestion or other disruption within any part of Operator ‘s Services. Operator may from time to time impose traffic restrictions by blocking on particular Numbers to protect Services quality.
3.2. The Operator shall: 3.2.1. Provide the User with the Private Number throughout the validity period of this Agreement specified in Termination of the Agreement. 3.2.2 Upon the User's Order on the Website, Operator replace Private number if is not working properly.
3.2.3. Ensure provision of the Services to the User in compliance with this Agreement and the Rates as well as the other legal documents of the Operator.
3.2.4. Provide technical maintenance of the Private URL of the User and assist the User in case if he/she experiences any kind of problems that are associated with provision of the Services to him/her by the Operator.
3.3. The User is entitled to:
3.3.1. Use the Services provided to him/her by the Operator in accordance with this Agreement and the other legal documents of the Operator as well as the Rates.
3.3.2. Choose to terminate this Agreement at its own discretion but solely in case if he/she does not have any outstanding Payments for the Services and solely in accordance with the Section 5 of the Agreement.
3.3.3. Contact the Operator using any means of communications presented on the Website in case if he/she has any problem or question associated with the Services or provision of the Services to him/her.
3.4. The User shall:
3.4.1. Comply with any and all stipulations of this Agreement as well as with conditions presented in any and all other legal documents of the Operator.
3.4.2. Send the Payment for the Services to the Operator in compliance with the Rates and with this Agreement and the other legal documents of the Operator.
3.4.3. Never use the Private Number for purposes of engaging in telecommunication activities that include but not limited to private or public polls, contests, advertising campaigns, surveys, lotteries and/or any other activities that may result in damage or harm to the equipment used by the Operator and the Providers as well as any kind of activities that may harm or damage the reputation of the Operator and the Providers and/or lead to any kind of reputational risks for the Operator and the Providers.
3.4.4. Review this Agreement and the Rates as well as the other legal documents of the Operator published on the Website on a regular basis.
4. Provision of the Services
4.1. Operator cannot provide a fault free service. Operator gives no warranty that its network or services shall be continuous, or will be free from faults. Operator will, however, take steps to ensure its network and services are reasonably fault free, and that service is reasonably uninterrupted.
4.2.THE SERVICES ARE PROVIDED TO THE USER BY THE OPERATOR ON “AS-IS BASIS”. OPERATOR PROVIDES THE SERVICES ON AN "AS IS" BASIS AND MAKES NOREPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. OPERATOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, OPERATOR NEITHER REPRESENTS NOR WARRANTS THAT THE INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION OR CONTENT, INCLUDING PRICES AND AVAILABILITY, ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.
4.3. The Operator disclaims any responsibility for the quality of the Services, the range capability of the mobile network of the Providers, and/or for any technical difficulties that may or may not occur on account of the state of the network of the Providers.
5. Rates & Payments
5.1. All Private Number are to be pre-paid.
5.2. Operator may at any time vary the rates detailed in the order link, but shall give the User trough email write notice of such change.
5.3. In case the User does not fulfill his payment obligation under this Agreement after the date of a final notice, Parties agree that Operator will be entitled to the application specified in Termination of the Agreement of this agreement.
6. Termination of the Agreement
6.1. This Agreement can be terminated at any moment upon mutual consent of the Parties or in the cases stipulated herein.
6.2. The User is entitled to terminate this Agreement at any moment at his/her own discretion in case if he/she has no outstanding Payments for provision of the Services by the Operator.
6.3. At the end of the 15 calendar days that are specified in the URL of Private Number.
6.4. Operator may terminate the Services at any time by giving User due notice. Operator may however terminate the Services even without notice in any or all of the following instances:
(a) there is an emergency or threat to Operator’s network, codes that are harmful to or interfere with Operator’s network;
(b) Operator reasonably suspects that User directly or indirectly engages in any fraud either by himself/herself or with any other person in connection with the Services.
(c) Operator is required to do so to comply with an order, instruction, request or notice of any competent legal authority or by authorization of or under law.
(d) User uses the Services (i) for spam messages or unsolicited texts and broadcast messages for the purpose of offering services, selling products, or otherwise disseminating information about a product promo, event or advocacy, (ii) to send scam or unsolicited, fraudulent or bogus text or broadcast messages for the purpose of obtaining gain or benefit from other people, or (iii) to perform any illegal activity, or otherwise use the Services in a manner that breaches a material term of this Agreement including, but not limited to, Subscriber’s obligations relating to the use of the Services set out in his/her application or otherwise misuses the Services.
(e) Abusive use of scripts / programs that will overrule the Website of the Operator by abusively calling URL of Private Number.
(f) occurrence of force majeure.
6.5. If there has been absence of activity from the Private Number of the User such as but not limited to text messages, and Internet sessions, the Private URL of such User on the Website shall be forfeited on the 15th (thirtieth) day of the absence of activity.
6.6. In case of termination of this Agreement by any of the Parties, Payments made for the Private Number will be non-refundable to the User.
6.7. In case of non-fulfillment of any obligations by the User under this Agreement, including but not limited to sending of the Payment to the Operator for the Services by the Subscriber on a timely basis, the Operator reserves the right to suspend provision of the Services to the User until complete fulfillment of such obligations by the Subscriber and/or terminate this Agreement at its own disclosure.
7.1. All purchases of Services from the Operator, irrespective of the method of the Payment the User chooses to use for purchase of such Services, are final and non-refundable.
7.2. The fee for Private Number is non-refundable. However, in case if the Private number URL not working properly, the User shall be entitled to claim and receive a new Private Number free of charge.
8. LIMITATION OF LIABILITY
8.1. Operator shall not be liable in the following cases: in the case of indirect damage, in the event of accidental damage or ensuing after damaging due to interrupted communications, data loss, lost profits, or in the case of economic losses, which have arisen in connection with this Agreement.
8.2. Operator assumes no liability for consequential damages or indirect damages that may arise or may be associated with a breach or failure to perform its obligations.
If any third party makes a claim in relation to the Operator:
- Violation of these Terms;
- Breach of any applicable legislation or regulations;
- Infringement of the rights of any third party.
The User undertakes to protect the Operator against liability and reimburse all costs and losses, pay any claims for compensation and other expenses (including reasonable legal costs and reasonable) related to such claim.
8.3. The Operator assumes no liability to the customer in the event of any complaints or claims have been made if:
8.3.1. The requirement or complaint arises as a result of the negligence of the User and / or improper conduct or a result of rupture of this Agreement. 8.3.2 User does not notify the Operator of any complaint. Counting the time of occurrence of the fault starts with the User written appeal with a complaint to the Operator at the address: receive.sms.free.online [at] gmail.com
8.3.3 User does not provide the Operator with all the rights to work with this complaint or does not provide all the information requested by the Operator, for the full and proper cooperation.
8.3.4 When using the services of the Operator, User violates the law of the country that owns the Private Number.
10.1. This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.
10.2. Ownership. All phone numbers leased and registered to User by Operator remain under Operator control, and may be reassigned at the termination of this Agreement.
10.3. Changes in Communication Services and Fees. Operator retains the right to modify its tariffs for the services it offers at any time. Operator will display the fee on order URL/Webpage before purchasing.
10.4. Operator rights and powers under this Agreement are not affected if it fails to or chooses not to enforce any of them at any time. If any part of this Agreement is not enforceable it will not affect the remainder.