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SMSGH Solutions Limited
SMS MESSAGING TERMS AND CONDITIONS
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In this document the following terms shall have the meanings herein ascribed to them:
"Customer" means the party described in the Schedule attached.
"GSM/CDMA Network" means the GSM/CDMA Cellular Network over which the SMS will be delivered.
“Mobile Terminating" means SMS messages sent to a cellular phone on the GSM/CDMA Network.
"MSISDN" means a telephone number on the GSM Network and, in terms of this agreement, those numbers specifically provided to SMSGH by the Customer.
"Recipient" means the person/s receiving the SMS."Service/s" means the method/s of dissemination of SMS messages used by the Customer.
"Short Message Service" or "SMS" means a 160-character (including spaces) text message that is sent to or from a cellular telephone. Only “Valid” characters will be allowed.
“Sender ID” means the identity of the Sender of an SMS.
“Valid SMS characters are: !#%&()*+,-./0123456789:;<=> ?@ABCDEFGHIJKLM NOPQRSTUVWXYZ_ abcdefghijklmnopqrstuvwxyzéè
“Valid Sender ID characters are: ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 1234567890
"SMSGH" means SMSGH Solutions Limited.
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The terms set out below shall apply to the provision of the Service/s purchased by the Customer.
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This agreement shall continue indefinitely until terminated by either party on expiry of the service period with one calendar month's written notice to the other, with the exception of "once-off" sending of SMS messages.
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The Service/s shall allow the Customer to send Mobile Terminating SMS. In order to make use of the Service/s, the Customer shall send messages to SMSGH utilizing one of the Service/s specified connection methods by SMSGH. SMSGH will disseminate the SMS over the GSM/CDMA Network to the specified MSISDN/s.
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Any applications provided by SMSGH will be supported by SMSGH and are provided with separate guarantee and Service Level Agreements. SMSGH warrants that the SMS service/application has been specifically designed for a particular service, industry or Customer type and the SMS service is for general-purpose use.
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The Customer may pay a connection fee as prescribed. All Service/s used by the Customer will be billed on one account. SMSGH may change the charges for Service/s on one month’s notice to the Customer. Where a monthly contract applies, monthly invoices will be printed and together with a statement, will be posted/emailed to the Customer
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The Customer shall restrict all messages to not more than 480 valid SMS characters (including spaces). Any message submitted that is longer than 480 valid SMS characters (including spaces) will be truncated to 480 valid SMS characters (including spaces). The Customer will be charged per every 160 SMS characters and notification per Service as indicated in the attached schedule. All prices exclude VAT/NHIL and other government taxes including Communication Service Taxes. The Customer will be charged for all messages submitted to SMSGH for dissemination.
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In the event of any amount owing by the Customer remaining unpaid on due date SMSGH shall be entitled to suspend the Service/s immediately, without notice to the Customer. Interest will be charged on all overdue accounts at the rate charged by uniBank Ghana Limited, from time to time.
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The Customer hereby indemnifies and holds harmless SMSGH against any claim or action by the Customer or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Customer and/or any third party arising out of the use of the Service/s or any act or omission on the part of SMSGH in the provision of the Service/s.
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In order for SMSGH to maintain integrity as the leading broker of SMS traffic for all cellular networks in Ghana, no customer may use the suite of SMSGH SMS products to poach or solicit potential customers or subscribers from any of the six cellular network operators in Ghana. Such an act will result in immediate permanent suspension.
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Messages submitted by the Customer will be accepted and billed based on the relevant authentication method per Service. It is the Customer's responsibility to protect its means of authentication. SMSGH will not be responsible for any misuse of the Customer's authentication keys, logins and passwords, nor will any credit be allowed for such misuse.
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The Customer is responsible for the content and accuracy of any SMS sent on their account. The Customer will adhere to an appropriate code of conduct when utilising the Service/s. Sending of unsolicited advertising material, illegal content, inappropriate language or any message that may be viewed by the Recipient as being of contentious or offensive nature is not permitted and may, at the sole discretion of SMSGH, result in the immediate termination of the Service/s.
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SMSGH guarantees confidentiality of both the MSISDN/s and messages submitted by the Customer during utilisation of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by SMSGH. SMSGH agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Customer.
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The Customer agrees to append its name or corporate identity to any broadcast SMS that are sent to distribution lists. This includes but is not limited to advertising, marketing and promotional materials.
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The Customer shall present proof of a Recipient's consent to the delivery of SMS. Should SMSGH receive any complaints from Recipients regarding the receipt of unsolicited SMS, SMSGH will notify the Customer thereof. Similarly, should the Customer receive any complaint from any Recipient regarding the receipt of any SMS, the Customer will immediately notify SMSGH. The abuse of the sending of unsolicited SMS's by the Customer or the omission to notify SMSGH of any complaint referred to above may, at the sole discretion of SMSGH, result in immediate termination of the Service/s.
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This agreement shall be governed by the laws of Ghana, and both SMSGH and all Customers agree to submit to the jurisdiction of the courts of the Republic of Ghana in the event that any proceeding shall be brought under the terms of this agreement.
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This document contains the entire Terms and Conditions of Service between the Customer and SMSGH and shall not be capable of variation or amendment except as amended and notified in writing by the Board of Directors of SMSGH Solutions Limited.
Amended and Approved on the 23rd of April 2008
By The Board of Directors of SMSGH Solutions Limited
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