In this document the following terms shall have the meanings herein ascribed to them:
“Client” 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 TEXTGHANA.COM by the client.
“Recipient” means the person/s receiving the SMS.”Service/s” means the method/s of dissemination of SMS messages used by the client.
“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
“TEXTGHANA.COM” means Silky I.T. Production.
The terms set out below shall apply to the provision of the Service/s purchased by the Client.
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 “one-off” sending of SMS messages.
The Service/s shall allow the Client to send Mobile Terminating SMS. In order to make use of the Service/s, the Client shall send messages to TEXTGHANA.COM utilizing one of the Service/s specified connection methods by TEXTGHANA.COM. TEXTGHANA.COM will then disseminate the SMS over the GSM/CDMA Network to the specified MSISDN/
Any applications provided by TEXTGHANA.COM will be supported by TEXTGHANA.COM and are provided with separate guarantee and Service Level Agreements. TEXTGHANA.COM 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.
The Client may pay a connection fee as prescribed. All Service/s used by the Client will be billed on one account. TEXTGHANA.COM may change the charges for Service/s on one month’s notice to the Client. Where a monthly contract applies, monthly invoices will be printed and together with a statement, will be posted/emailed to the Client
The Client 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 Client 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 Client will be charged for all messages submitted to TEXTGHANA.COM for dissemination.
In the event of any amount owing by the Client remaining unpaid on due date TEXTGHANA.COM shall be entitled to suspend the Service/s immediately, without notice to the Client. Interest will be charged on all overdue accounts at the rate charged by Zenith Bank Ghana Limited, from time to time.
The Client hereby indemnifies and holds harmless TEXTGHANA.COM against any claim or action by the Client or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Client and/or any third party arising out of the use of the Service/s or any act or omission on the part of TEXTGHANA.COM in the provision of the Service/s.
In order for TEXTGHANA.COM to maintain integrity as the leading broker of SMS traffic for all cellular networks in Ghana, no client may use the suite of TEXTGHANA.COM SMS products to poach or solicit potential clients or subscribers from any of the six cellular network operators in Ghana. Such an act will result in immediate permanent suspension.
Messages submitted by the Client will be accepted and billed based on the relevant authentication method per Service. It is the Client’s responsibility to protect its means of authentication. TEXTGHANA.COM will not be responsible for any misuse of the Client’s authentication keys, logins and passwords, nor will any credit be allowed for such misuse.
The Client is responsible for the content and accuracy of any SMS sent on their account. The Client 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 TEXTGHANA.COM, result in the immediate termination of the Service/s.
TEXTGHANA.COM guarantees confidentiality of both the MSISDN/s and messages submitted by the Client during utilisation of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by TEXTGHANA.COM. TEXTGHANA.COM agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Client.
The Client 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 material.
The Client shall present proof a Recipient’s consent to the delivery of SMS. Should TEXTGHANA.COM receive any complaints from Recipient’s regarding the receipt of unsolicited SMS, TEXTGHANA.COM will notify the Client thereof. Similarly, should the Client receive any complaint from any Recipient regarding the receipt of any SMS, the Client will immediately notify TEXTGHANA.COM. The abuse of the sending of unsolicited SMS’s by the Client or the omission to notify TEXTGHANA.COM of any complaint of any complaint referred to above may at the sole discretion of TEXTGHANA.COM, result in the immediate termination of the service/s.
The agreement shall be governed by the laws of Ghana, and both TEXTGHANA.COM and all Clients 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
This document contains the entire Terms and Conditions of Service between the Client and TEXTGHANA.COM and shall not be capable of variation or amendment except as amended and notified in writing by the Board of Directors of Silky I.T. Production.
Amended and Approved on the 1st of March 2010
By SILKY I.T. PRODUCTION