Conditions of service
DEFINITION OF PARTIES
a. This service provider contract is entered into between the Company and
Europ SMS Ltd users as underwriter of the contract or enrollment form,
hereinafter referred to as simply user.
DESCRIPTION OF SERVICE
Europs SMS Ltd provides all user the ability to use its gateway for the
export of SMS messages.
OBJECT OF CONTRACT
a. With the signing of this contract requires SMS to Italy to make available
its services under the properties listed on this contract.
b. The services are rendered to Italy all SMS behind the user fee by the'
user fee, according to list prices in effect at the time of signing the
contract activation or form.
c. The terms of this contract are fully implemented and accepted by the
customer even when not using expensive and / or temporary services provided
to any title to .Europ SMS Ltd
DUTIES, RESPONSIBILITIES AND PROHIBITION'S
a. You are responsible for the content of the information entered' s message
SMS (Short Message System).
Europ SMS does not respond in any way for damage caused directly or
indirectly by the services provided.
b. The user agrees to raise Europ SMS Ltdfrom any liability in case of
complaints, legal, administrative or governmental action, loss or damage
(including legal costs and fees) arising from illegal services by the user.
The civil and criminal liability for information transmitted via the service
offered by Europ SMS Ltd remains dependent of user.
c. The user receives the services made available by Europ SMS Ltd assuming
any responsibility for its actions.
You will keep in strict confidence and not to transfer them to third
parties, passwords needed for the discharge of service and therefore
satisfies the custody of them.
It is absolutely prohibition by the use of 'service user computer Europ
SMS Ltd for illicit purposes, bearing the request for calls to phone numbers
at specific rates or premium and for sending unsolicited advertising and
/ or addresses or phone numbers of people who have no relationship with the
sender.
If the user fails to comply with the terms cited above, Europ SMS Ltd stop
the service without notice and without which nothing is due from Europ SMS
Ltd.
You must pay close attention so that you do not use the services of Europ
SMS Ltd in illegally, violating the laws in force in the place where you and
your customers reside. As part of these efforts, you agree to include in the
agreements with its customers, in the language used by the customer, a
section similar to our point
DUTIES RESPONSIBILITIES AND PROHIBITION'S
RESPONSIBILITIES AND PROHIBITIONS USERS
a. FEATURES AND CHARACTERISTICS OF THE SYSTEM
Europ SMS Ltd provides the 'user via SMS' s use of proprietary gateway and
procedures available via the web.
LIMITATION OF LIABILITY OF Europ SMS ltd
a. In any case neither Italy nor any other SMS who had part in the creation,
production or delivery of SMS services in Italy may be held liable for any
direct or indirect, incidental, special or consequential damages of any
nature, whether contractual extra -contract resulting from the use or
services Europ SMS Ltd and / or interruption of services operate Europ SMS
Ltd The provisions of this Article shall remain valid and effective even
after the termination of the term of this contract, to deadline, termination
or withdrawal of the same.
b. In any case Europ SMS Ltd will be held responsible for the failure of
services from liability of telephone lines, electricity and national and
global networks, such failures overload, interruption, etc..
c. No damages can be obtained from dEurop SMS Ltd for direct damage and / or
indirect arising from or non-utilization of services.
d. Europ SMS Ltd.can not be held responsible for failures of others that
affect the operation of the services made available to the 'user, including,
without limitation, slow-moving speed or failure of telephone lines and
computers that manage traffic telematic between 'user and the system Europ
SMS Ltd
e. You agree to indemnify all losses, damages, liabilities, costs, charges
and expenses including legal fees and any that may be suffered or incurred
by Europ SMS Ltd as a result of any failure to discharge obligations and
guarantees given by ' user with the signing of this contract or enrollment
form and related to the nature of the service provided by Europ SMS Ltd,
even in cases of alleged damages from third parties in any capacity.
f. With respect to the terms of provision of services provided, you
acknowledge that Europ SMS Ltd provides no guarantee that fits perfectly
for a particular purpose.
g. In addition to the specific structure of services, where many entities are
involved, no assurance can be given about the constant availability of
service. In this sense the user agrees not believe Europ SMS Ltd liable for
loss or damage of any kind resulting from the loss of data, the
impossibility of access to services, the inability to transmit or receive
information, caused by or arising from, delayed, canceled or interrupted
broadcasts of the service.
Force majeure, catastrophic events and circumstances
a. Europ SMS Ltd is not responsible for failures attributable to causes
fire, explosion, earthquake, volcanic eruptions, landslides, cyclones,
storms, floods, hurricanes, avalanches, war, popular uprisings, riots,
strikes and any other cause unpredictable and exceptional preventing to
provide the service agreed.
Condition Economic
a. In part of this contract shows the economic and commercial confidential to
the user.
b. Any price increases imposed on Europ SMS Ltd mobile operators will be
automatically shifted about in the case of prepaid supplies will be
automatically reduced to offset the increased cost, the number of posts
available. However the possibility by the user to withdraw from this
contract, by fax requesting accreditation in the economic messages remaining
on their account.
c. SMS services professional may be an additional cost of interconnection.
OBLIGATIONS OF Europ SMS
a. Europ SMS Ltd is committed to maintaining the efficiency of service
provided. If Europ SMS Ltd was forced to interrupt the service for
maintenance or exceptional occurrences, Europ SMS Ltd will seek to include
in the shortest time possible outages and / or malfunction. Europ SMS Ltd
will define the appropriate procedures for access to services and reserves
the right to be able to improve any time in order to increase efficiency.
Europ SMS Ltd will to give to score all the technical specifications for
gaining access to services.
PERSONAL DATA PROCESSING
a. Europ SMS Ltd will be collected and stored data relating to trade and form
of subscription in order to fulfill their tax obligations, tax and anything
else necessary to activation, management and / or maintenance of services
provided by. Europ SMS Ltd Data is entered into a database which collected
the personal data of customers. The nature of data is required to enable the
fulfillment of legal obligations arising from the implementation of the
services required. In case of refusal to provide the data and tax
identification will be unable to 'service delivery. The data will be given
over to ns. administrative offices to fulfill the obligations of keeping
accounts and possibly a third for activation, management and / or
maintenance of services provided by Europ SMS Ltd
DATE AND EXPIRATION DATE
a. This contract has a value between the parties of the date indicated on
activation order Confirmation.
b. Any tax burden resulting from 'execution of the contract, including any
taxes on advertising, are charged to the user.
Termination
a. Europ SMS Ltd reserves the right to declare the contract terminated with
simple written communication be sent by registered mail in cases of
non-compliance with the obligations contained in paragraphs: DUTIES,
RESPONSIBILITIES AND PROHIBITION'S remain in any case affect the rights of
Europ SMS Ltd to the perception of fees for services contracts even if not
fully used.