Notwithstanding Section 4.1 of the GTC, Customer shall comply with all Service Provider Conditions, applicable legal and regulatory requirements and conditions, and all applicable industry guidelines relating to the Customer Data, Customer Services, Messages or its use of the Service. If a Service Provider changes the Service Provider Conditions and/or the technical standards for the delivery of Service, SMS GATEWAY CORP may modify the terms and conditions governing such Service upon written notice to Customer.
Customer shall send Messages only to End Users who have, and continue to, knowingly consent or “opt-in” to receiving them and who have been informed of their rights to, and been given, a free, readily accessible process for cancelling receipt or “opting-out” of receiving future Messages, such as via End User text responses of STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE. Customer shall immediately stop sending Messages to an End User who has “opted-out” from receiving such Messages. At SMS GATEWAY CORP’s request, Customer shall provide SMS GATEWAY CORP with proof of any and all such opt-in(s) and opt-out(s), and response time to discontinue transmission of Messages after opt-out, to SMS GATEWAY CORP’s reasonable satisfaction.
Customer shall inform End Users that it is the source and supplier of the Messages and provide appropriate contact details to End Users. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, Customer Services and the Messages, including but not limited to the Customer Data. Customer shall promptly inform SMS GATEWAY CORP if it becomes aware of any violation of the terms of this paragraph.
Customer shall not use the Service or permit the Service to be used:
The provisions of Sections 2.5 and 4.1(c) of the GTC shall apply equally to requests, directions and/or orders made or issued by any Service Provider.
SMS GATEWAY CORP may, in its sole discretion, require Customer to take primary responsibility for any request or enquiry made under Section A2.1 above relating to any Customer Service, Message(s) or Customer Data or arising from Customer’s use of the Service or from an alleged or actual breach of this Agreement by Customer.
Customer agrees, at its own cost, to accept full responsibility for any such request or enquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such regulator or Service Provider (with copies to SMS GATEWAY CORP) in a timely manner.
Sections A1.2 (“End User opt-in/opt-out requirements”) and A1.3 (“Supply of Customer Services”) above shall survive termination of the Agreement.
Customer will indemnify and, at SMS GATEWAY CORP’s election, defend SMS GATEWAY CORP, its Affiliates and subcontractors against:
(a) any claims (including, but not limited to, any claims, fines, penalties, or losses) or other liabilities brought against SMS GATEWAY CORP, its Affiliates and subcontractors by any third party (including, but not limited to, any other SMS GATEWAY CORP customer, Service Provider or governmental or regulatory authority) relating to Customer Data, Customer Services, Messages or Customer’s use of the Service (including, but not limited to, any such claim which relates to infringement or misappropriation of any intellectual property rights of any third party or any breach or violation of laws or regulations); and
(b) all damages finally awarded against SMS GATEWAY CORP, its Affiliates and subcontractors with respect to these claims.
A2.5. Disclaimer. Customer agrees that, with respect to its supply of the Service, neither SMS GATEWAY CORP nor any SMS GATEWAY CORP supplier shall be liable whether in contract, tort, or strict liability to Customer or to any End User or any other customer of Customer for (i) any Messages deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, message processing errors, transmission errors, or messaging network and/or service failures; or (ii) the accuracy of information provided through the Service.
Customer acknowledges that the Service is intended solely for Commercial Messages and shall not be used for mobile to mobile peer to peer messaging purposes. For the purpose of this Section, “Commercial Messages” means Messages designed to promote or facilitate, directly or indirectly, the goods, services or image of any person or entity pursuing a commercial activity.
Unless otherwise agreed in an Order Form, SMS GATEWAY CORP may modify any fees in its sole discretion upon written notice.
Last Updated November 28, 2023
At SMS Gateway, we're all about making your life easier. With our simple and hassle-free sign up process, getting started with omni channel messaging has never been smoother. Whether you need SMS, Voice, Email, or Verification, we've got you covered. Say goodbye to complicated onboarding and hello to seamless communication.
All Rights Reserved | SMS Gateway