Terms of Sale
Last update on April 18, 2011.
THE WEBSITE
This website allows a user to send a SMS (Short Message Service) from a computer, through the internet with our interface that insures the routing of the SMS to the recipient.
TERMS
To avoid any ambiguity with the meaning and finality of the terms used in this document, said terms are defined here:
« The customer »
The person who orders and buys sms and uses the features provided by SMSBOX from a computer.
« The user »
The person who orders and buys sms and uses the features provided by SMSBOX via the account the customer created.
« The sender »
The person who sends a message SMS from a computer.
« The recipient »
The person or group who has a mobile phone plan which allows him to receive a SMS on his mobile.
« Data »
The entirety of informations and statistics linked to a User, stored by « SMSBOX » and relative to the processing of the SMS.
« Mobile Operator »
Mobile phone operator on the territory of each country.
« Service »
The sending of SMS to users, as well as the management of the technical conditions such an operation requires.
« SMS »
The texting service SMS introduced by the GSM standard and offered by mobile phones to communicate through short text messages. The SMS allows messages of a maximum size of 160 characters (excluding concatenation).
BETWEEN THE CUSTOMER AND THE SERVICE EDITOR THE FOLLOWING IS AGREED :
ARTICLE 1 : PURPOSE
According to the terms and conditions of these general conditions, the Client engages the service published by « SMSBOX » to provide the service and to provide access to the data.
ARTICLE 2 : CONDUCT OF THE SERVICE
The publisher « SMSBOX » is committed to providing optimal conditions for the use and operation of the service.
To this end, the publisher « SMSBOX » reserves the right to suspend the Service for maintenance reasons.
The list of countries where sending sms is technically possible is provided in the appendix. This list is by no means exhaustive and does not guarantee the reception of the sms in the country of the recipient. Each operator responsible for sending and receiving SMS messages does not ensure 100% of all the geographical areas of each country. In no event will we be held liable if the receipt of the message does not succeed. « SMSBOX » assumes an obligation of means and not of result.
To this end, the publisher « SMSBOX » reserves the right to suspend the Service for maintenance reasons.
The list of countries where sending sms is technically possible is provided in the appendix. This list is by no means exhaustive and does not guarantee the reception of the sms in the country of the recipient. Each operator responsible for sending and receiving SMS messages does not ensure 100% of all the geographical areas of each country. In no event will we be held liable if the receipt of the message does not succeed. « SMSBOX » assumes an obligation of means and not of result.
ARTICLE 3 : PRICING
The customer must credit his account by buying credits in order to benefit from all the tools of the site.
The purchase of credits can only be made if the customer has previously registered and validated his account by e-mail and SMS.
The customer has at his disposal a list of packs whose quantity ranges and tariffs are indicated on the site SMSBOX.
Rates are subject to change at any time with one month's notice.
The purchase of credits can only be made if the customer has previously registered and validated his account by e-mail and SMS.
The customer has at his disposal a list of packs whose quantity ranges and tariffs are indicated on the site SMSBOX.
Rates are subject to change at any time with one month's notice.
ARTICLE 4 : CUSTOMER / USER OBLIGATION
The Customer or the user agrees to make use of the Service in accordance with the legal and regulatory provisions in force, including good morals, public order, and the contractual provisions of Mobile Carriers.
ARTICLE 5 : LIABILITY OF THE CUSTOMER / USER
The Customer or the user declares and warrants that the content of his / her messages broadcast by SMS does not infringe the privacy or rights of others and may in no way contain writings with a willful racist, xenophobic and more generally Contrary to good morals and public order connotation.
The Customer certifies the accuracy of the information provided at the time of registration.
The Service shall not be held liable, even penal, in any way whatsoever under the laws of any country in which such SMS may be accessed.
The Customer certifies the accuracy of the information provided at the time of registration.
The Service shall not be held liable, even penal, in any way whatsoever under the laws of any country in which such SMS may be accessed.
ARTICLE 6 : PERSONAL DATA
From the date of creation of his account, the Client will have a personalized and secure identifier and will have access to all the information stored on his account.
The entire address book and the telephone numbers used during the Customer's sending remain completely confidential and are not communicated to third parties.
This Data being the exclusive property of the Customer, « SMSBOX » undertakes not to make any use of it, other than that necessary for the fulfillment of the obligations assumed herein and to ensure its confidentiality.
If the customer requests it, « SMSBOX » will destroy any personal data.
The entire address book and the telephone numbers used during the Customer's sending remain completely confidential and are not communicated to third parties.
This Data being the exclusive property of the Customer, « SMSBOX » undertakes not to make any use of it, other than that necessary for the fulfillment of the obligations assumed herein and to ensure its confidentiality.
If the customer requests it, « SMSBOX » will destroy any personal data.
ARTICLE 7 : REGULATION
« SMSBOX » undertakes not to make any use of the Data contrary to the legal and regulatory provisions in force, and in particular acknowledges that it has fulfilled the reporting obligations provided for by law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms.
The SMSBOX site collecting personal information from its users has been the subject of a prior declaration to the CNIL registered under the receipt number 1110569.
The SMSBOX site collecting personal information from its users has been the subject of a prior declaration to the CNIL registered under the receipt number 1110569.
ARTICLE 8 : MESSAGES
The Client is prohibited from practicing any sending of SMS unsolicited by a Recipient.
In any case, the Customer will ensure « SMSBOX » against and indemnify any claim arising out of such unsolicited messages from being sent to a Recipient.
In any case, the Customer will ensure « SMSBOX » against and indemnify any claim arising out of such unsolicited messages from being sent to a Recipient.
ARTICLE 9 : LIABILITY
Publisher's Responsibility « SMSBOX » cannot be sought in case of force majeure or for other reasons beyond its control such as social conflicts, strikes, disasters, wars, embargos, fires, accidents, natural disasters, serious anomalies affecting telecommunications network transmissions, Services of mobile operators, authoritative suspension of public GSM radiotelephony, power outages, or any technical anomaly affecting the Internet.
ARTICLE 10 : DURATION
This Service comes into force for an indefinite period on the day of registration on the SMSBOX website.
Its use and operation depend on the number of credits remaining to the customer.
Its use and operation depend on the number of credits remaining to the customer.
Duration of credits offered :
- 1 months at most, without any use after the registration date in respect of the Credits offered for registration.
- 3 months without any use after the date of distribution of the winnings in respect of the Credits offered (sponsorship, bonuses, etc.)..
- 3 months without any use after the date of distribution of the winnings in respect of the Credits offered (sponsorship, bonuses, etc.)..
Validity of Customer Credits :
The maximum period of validity of the credits purchased is 12 months from the date of purchase of the credits.
Term of validity of an account :
Any inactive account for a consecutive 12-month period and not meeting our update requests will be permanently deleted from our databases.
Availability of SMS Send History :
Your sending history is available for a period of 2 calendar months.
ARTICLE 11 : MODIFICATION OF THE TERMS AND SERVICES
We will be able to modify the present general conditions of sale at any moment on condition that these modifications appear on our site.
You are therefore advised to refer regularly to the latest version of the General Terms and Conditions available at : https://en.smsbox.net/terms-of-sale.html.
You are therefore advised to refer regularly to the latest version of the General Terms and Conditions available at : https://en.smsbox.net/terms-of-sale.html.
ARTICLE 12 : DISPUTES
In the event of a dispute arising out of the interpretation or execution of this service, the parties shall endeavor to settle the dispute amicably, in the event of failure, the dispute shall be brought before the territorially competent court.
ARTICLE 13 : SPONSORSHIP
Self-sponsorship or sponsorship between SMSBOX accounts belonging to the same company or individual is not allowed.
ARTICLE 14 : LATE PAYMENT
In the case of total or partial deferred payment defaults after receipt of Credits, the customer must pay the 'SMSBOX' publisher a late payment penalty calculated at the monthly rate of 2%.
This penalty may be calculated either on the amount inclusive of all taxes including the amount due or directly deducted from the balance of the Credit available on the customer's account, and runs from the due date of the price without any formal notice necessary.
This penalty may be calculated either on the amount inclusive of all taxes including the amount due or directly deducted from the balance of the Credit available on the customer's account, and runs from the due date of the price without any formal notice necessary.
ANNEXE : LIST OF COUNTRIES AND CARRIERS AVAILABLE
The list of available countries and carriers is available at : https://en.smsbox.net/coverage.html.
