TERMS OF SERVICE

BulkSMS Terms Of Use

Legal Information

Services and Support

  • The Services provided are subjected to this Agreement, as it may be amended by BulkSMS, and any guidelines, rules or operating policies that BulkSMS may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the BulkSMS website, or otherwise providing notice to you, BulkSMS may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
  • The Services are available only to persons who can form legal binding contracts under applicable law Restriction and Responsibilities. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
  • The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute SMS communications with visitors and other targeted prospects
  • Both the number of SMS messages sent and the number of characters of data transferred are metered byBulkSMS. Normal BulkSMS accounts allow you to send an unlimited number of SMS messages provided your account has enough credit.
  • You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your BulkSMS account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. BulkSMS reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
  • If the processing of any of your employees’, contractors’ or customers' personal data (“Company Personal Data”) is governed by the General Data Protection Regulation 2016/679 (GDPR), the additional terms in our Data Processing Schedule (“DPS”) apply and form part of this Agreement.

Restrictions and Responsibilities

  • This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for business purposes only, strictly no personal use unless prior approval from BulkSMS given.
  • You acknowledge and agree that the Services and the BulkSMS company names and logos and all related product and service names, design marks and slogans, are the properties of BulkSMS or its affiliates or supplies (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial man bulkSMS ner without the prior written consent of . Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in BulkSMS or its third party suppliers, as the case may be.
  • You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party contact lists in connection with preparing or distributing unsolicited messages to any third party. You hereby agree to indemnify and hold harmless BulkSMS against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although BulkSMS has no obligation to monitor the content provided by you or your use of the Services BulkSMS may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
  • The Services may only be used for lawful purposes.
  • In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to BulkSMS. BulkSMS may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
  • BulkSMS will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, BulkSMS will not use your customer information for the purpose of sending unsolicited commercial messages.
  • You will comply with Anti-Spam and Privacy legislation and guidelines, applicable to the jurisdictions in which messages are sent and received.
  • You may not use BulkSMS to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
  • You may not use BulkSMS to send message campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

Termination

  • You may terminate this Agreement at any time by contacting us. Correspondence must include your first name, last name, and BulkSMS username. No refunds will be issued if you terminate this agreement.
  • BulkSMS may terminate this Agreement or the Services at any time with or without cause, and with or without notice. BulkSMS shall have no liability to you or any third party because of such termination. If BulkSMS terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
  • BulkSMS may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Warranty Disclaimer; Remedies

  • Use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. Bulksms does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. The services are provided “as is” and bulksms disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non infringement.
  • Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for BulkSMS to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability

  • To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall bulksms or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this section as “bulksms ”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if bulksms shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, bulksms is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of bulksms to you will be limited to the amount you paid for the service. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

SMS Service

  • BulkSMS provides an SMS service that sends messages to mobile phones using established carriers and aggregation companies. The provision of the SMS service is subject to the following Terms of Service.
  • You acknowledge that BulkSMS delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. BulkSMS neither claims nor guarantees either availability or performance of this service. While BulkSMS makes every effort to deliver the message promptly, BulkSMS accepts no liability for transmission delays or message failures.
  • BulkSMS debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if BulkSMS’ investigations have produced evidence of technical problem or error. Because BulkSMS cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers, BulkSMS will not refund undeliverable SMS messages to you.
  • You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you

Export of Services or Technical Data

  • You may not remove or export from Pakistan or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Pakistan or any other applicable country.

Miscellaneous

  • If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
  • BulkSMS and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind BulkSMS in any respect whatsoever.
  • In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

System Requirements

  • It is understood that in order to use BulkSMS, a Windows PC or Mac with Internet Explorer 7.0, Safari 3.0 and Firefox 2.0 or higher must be used. Additionally, a stable connection to the Internet is recommended. BulkSMS may work in a limited manner on other platforms, but there is no guarantee of functionality at any time. Additionally, BulkSMS may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on any web browsers.

Compliance rules for sending messages.

  • All BulkSMS customers must follow the rules of the federal SPAM act and the Anti-Spam aspects of this agreement when sending messages through the service. Accordingly, we require the following of messages sent through the BulkSMS system: These guidelines will help ensure that BulkSMS maintains its reputation and white-listing status with a number of major carriers and whitelisting programs. If at any time your campaign is flagged as SPAM by a carriers subscribers, BulkSMS reserves the right to cancel your account without notice.

Message and Permission Practices

  • Every message that contains marketing related content sent in connection with the Services must contain an “Opt Out” mechanism that allows subscribers to remove themselves from your contact list. Each such mechanism, must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to BulkSMS. You acknowledge and agree that you will include and not remove, disable or attempt to remove or disable this mechanism.
  • You agree to import, access or otherwise use only permission-based contact lists. Purchased contact lists are prohibited.
  • You agree to import, access or otherwise use only permission-based contact lists. Purchased contact li You are responsible for monitoring, correcting, processing Opt Out requests within 10 days, and updating the mobile numbers to which messages are sent through your BulkSMS account. BulkSMS has tools available for managing opt-outs for you are prohibited.
  • Messages that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your message campaigns do not generate a number of abuse complaints in excess of industry norms. BulkSMS, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
  • BulkSMS, at its own discretion, may immediately disable your access without refund to the Services if BulkSMS believes in its sole discretion that you have violated any of the message and permission practices listed above, or the BulkSMS Anti-Spam Policy.

SMS Message Character Charges

  • A standard SMS message has a maximum of 150 characters. Longer messages are definitely possible, however please be aware that exceeding 150 characters will constitute a ‘second’ message.
  • The end user will see this as 1 long message on their handset. When a message is longer than 150 characters, this is referred to as a multi-part message as it contains multiple messages (or multiple-parts).If a message is longer than 6 message parts, it will be truncated (see below).
  • Standard English Characters:
  • 1 – 150 characters = 1 Message
  • 151 – 300 characters = 2 Messages
  • 301 – 450 characters = 3 Messages
  • 451 – 600 characters = 4 Messages
  • 601 – 750 characters = 5 Messages
  • 751 – 900 characters = 6 Messages

Pricing and Payment Terms

  • All message delivery prices are subject to change at any time. You are responsible for reviewing the price schedule from time to time and remaining aware of the prices charged by BulkSMS. BulkSMS will immediately advise you of price changes by email or SMS. Any objections must be raised within 24 hours for special consideration.
  • The Client must pay BulkSMS’s legal costs (on an indemnity basis) of enforcing any of BulkSMS’s rights under this Agreement. The Client must also pay fees and expenses payable to any debt collection agency engaged by BulkSMS to obtain or attempt to obtain payment of account due by the Client.
  • BulkSMS may terminate the Service Agreement if payment is not made within 14 days of the due date.
  • Prepaid balances will expire if no messages have been sent within 90 days and no account recharge has been made within 90 days.
  • Postpaid Accounts
  • The Client will pay the fees as agreed in the signed Service Agreement.
  • BulkSMS will invoice the Client on a monthly basis for the previous months’ use of the Product by the Client and any Customers.
  • The Client must pay the invoice within the payment terms as agreed in the signed Service Agreement.
  • BulkSMS may charge a 15000 PKR overdue fee on the amount of any invoice from the due date for payment until the date payment is made at the rate calculated as the rate charged by BulkSMS’s principal bankers on unsecured overdrafts of 100000 PKR or less compounded monthly.
  • The Client must pay BulkSMS’s legal costs (on an indemnity basis) of enforcing any of BulkSMS’s rights under this Agreement. The Client must also pay fees and expenses payable to any debt collection agency engaged by BulkSMS to obtain or attempt to obtain payment of account due by the Client.

International barriers

  • Message content length shouldn’t exceed 150 characters for almost 20% countries world wide.
  • Some countries are not supported with Mask names, so if your specific name will not registered with some countries then a specific general number (like: 1800, 52667) will be used to deliver your message as delivery is ensured.
  • A lot of countries bound service providers to provide option to reply for message receivers so it’ll be charged separately to the service buyer. (replies are not visible in our panel so you can request for the replies against your messages and we’ll share them via email).