Terms & Conditions
1. Acceptance
By registering for, or using any of our services the user agrees that he has read, understood and is bound by these terms, regardless of how the user registered for or use the services.
2. Termination
The user may terminate this agreement at any time for convenience by giving www.api4sms.net notice in writing to that effect.
If the customer doesn't use his account for 12 consecutive months www.api4sms.net is allowed to delete his account.
3. Orders
Only after the user received an email order confirmation an order is accepted.
4. User's conduct
The user must only use the services in accordance with all applicable local, national and international laws and regulations.
When our services are used, it is not allowed to send junk SMS messages, spam or any unsolicited messages, transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any personÕs rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context,
perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices.
The user is responsible for his account and text messages sent from his account.
The recipient of a text message must be informed about the sender of a text message. Every SMS must include a information about the sender of a text message.
If you violate any of the terms of use we are allowed to fee the user up to 2 EUR / SMS.
5. Information Sharing And Disclosure
www.api4sms.net does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
We may preserve or disclose the users information if www.api4sms.net believes that it is reasonably necessary to comply with a law, regulation or legal request, to protect the safety of any person, to address fraud, security or technical issues or to protect www.api4sms.net's rights or property.
However, nothing is intended to limit any legal defenses or objections that the user may have to a third party's, including a government's, request to disclose the users information.
6. Abuse
www.api4sms.net can deactive user accounts which are abusing www.api4sms.net services and/or don't abide to this general terms. In this case payments are not refundable.
7. Billing
All charges are payable in advance and the user cannot use the www.api4sms.net service until users's payment has been received. The user shall either pay www.api4sms.net by bank transfer, credit card or PayPal.
8. Security
The user shall be responsible for keeping account and connection credentials secure and private and for choosing passwords of strong enough complexity.
www.api4sms.net shall not be liable for any indirect, incidental, special or consequential damages arising from any intrusion of user's online customer account or the unauthorized use of user's credentials, including (without limitation) loss of profits, loss of revenue, or interrupted communications.
9. Access To Web Tools
The user must not introduce any harmful code into the www.api4sms.net systems or the systems, hardware, software or networks of any network operator.
The user must not obtain (nor attempt to obtain) any access to, or interfere with any programs or data of www.api4sms.net, a network operator or any other user of www.api4sms.net or any part of the www.api4sms.net systems or any network operator's systems, hardware, software or networks.
www.api4sms.net owns (or is the licensee of) all intellectual property rights in all documentation, know-how, methodologies, equipment and other materials supplied or made available to the user under or in connection with this agreement, and nothing in this agreement transfers or assigns to the user any of those rights.
10. Limitation Of Liability
In no event shall either pary be liable for any indirect, incidental, special or consequential damges (including but not limited to such damages arising from breach of contract or warranty or from negligence or strict liability or otherwise), including loss of profits, revenue, data or use, or for interrupted communications, incurred by either party in connection with this agreement, even if the other party or any other person has been advised of the possibility of such damages.
The sender identification that can be included as part of a mobile text message is not a guaranteed feature. The users message might be sent without a sender identification and the user will not be notified of this.
Although www.api4sms.net tries it best to deliver message quickly, messages may be delivered late or not at all due to queuing or mobile network operator / third party traffic.
Each message or block of messages (as the case may be) will be charged against the fees as soon as it is entered into the www.api4sms.net systems and regardless of whether or not the message(s) are received by the intended end user(s).
11. Basic Terms
Each user is allowed to have only one account.
The user must provide their real name and information.
The user will be notified at least 24 hours prior to price changes. The notification will be sent to the user's email address.
The user is not allowed to share any statistics, knowledge or other data he gained by using www.api4sms.net with any third party.
www.api4sms.net may vary this agreement. If www.api4sms.net considers the variation is likely to benefit the user or have a neutral or minor detrimental impact on the user, www.api4sms.net will post the amended agreement on the website. In this case the variation will come into effect on the date the amended agreement is posted to the website.
If www.api4sms.net considers the variation is likely to have a material detrimental impact on the user, www.api4sms.net will post the amended agreement on the website and will send the user an email of the variation. The variation will come into effect 14 days after the date on which the variation is notified to the user.
12. Governing Law And Jurisdiction
This agreement is governed by the laws of Austrian and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of Austria.
13. Right Of Withdrawal
If the user is a consumer according to Section 1 Paragraph 1 Clause 2 KSchG the following term applies:
Right of revocation
The user may declare the revocation of the contractual statement in text form (e.g. letter, email) within a period of 14 days. The revocation does not have to contain any grounds. The revocation period commences the day receiving this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation. The revocation is to be addressed to the address shown in the "About Us"-page.
The right of revocation does not apply on contracts for the supply of goods produced according to user specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If the user is unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then the user has to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise Ð as for instance in a retail store Ð or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. The user is obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, the user has at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for the user is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
14. Severability
If any provision hereof should be held invalid, illegal or unenforceable in any respect in any jurisdiction, then, to the fullest extent permitted by law, all other provisions hereof shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to carry out the intentions of the parties as nearly as may be possible and such invalidity illegality or un-enforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.
