GENERAL TERMS AND CONDITIONS
These are the general terms and conditions of Platinum Services Telecommunication Limited – PST (“SMSONNET”), with its registered office at the Suite 3, 64/1, Agiton Buildings, St. Anthony Street, San Gwann – MALTA, SGN 1437. The following terms and conditions describe under which conditions you (“User”) are entitled and able to use the offered services on www.smsonnet.com By registering yourself, you accept the following Terms and Conditions. If you have any questions regarding these Terms and Conditions, you can contact us by using the contact form.
- SMSONNET reserves the right to modify these Terms and Conditions at any time. In the event the Terms and Conditions are modified, the User shall be notified not later than two (2) weeks in advance through the general e-mail address registered in your account. In the event the User has not objected against the modification within two (2) weeks after the notification, the Terms and Conditions shall be considered to be accepted by User. In the event the User does not accept the modified Terms and Conditions, SMSONNET will reserve the right to cancel the account.
- These Terms and Conditions apply to all offered services and in the context of the offered services: offers, tenders, and agreements by and between SMSONNET and User.
- Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
- The applicability of any purchase, delivery or other conditions of User are expressly rejected. By completing the registration form User expressly agrees to these Terms and Conditions.
- All prices referred to herein are excluding VAT. Please note that VAT only will be applied to those companies registered in EU and which they do not provide us a valid VAT number or to private users. Companies or private users outside EU, will not be charged for VAT by SMSONNET.
- SMSONNET cannot be held to its offers if the User could reasonably understand that the offer or tender or a part thereof contains obvious mistake(s) or error(s).
- SMSONNET reserves the right to change prices in its sole discretion. In the event prices are subject to change, such change shall at any time be mentioned on the website of SMSONNET.
- SMSONNET shall not be liable for any short-term or long-term interruption of the data transmission to the mobile phone of the User/receiver. SMSONNET expressly does not guarantee that an SMS message is always received properly and on time and does not guarantee the complete and permanent availability of all services.
- All periods and dates specified by SMSONNET are target dates, unless expressly agreed otherwise in writing. SMSONNET will only be in default after having been given a notice of default in writing and after being granted a reasonable recovery period. SMSONNET is entitled to have certain proceedings or services carried out by third parties.
- All payments to SMSONNET must be made on a prepayment term. Within 14 days after the payment date, in a manner specified by SMSONNET a proper receipt will be sent to customers.
- User is not entitled to set off any (alleged) counterclaims on SMSONNET against receipts of SMSONNET.
3. USER’S OBLIGATIONS
- User must in every respect behave as a responsible and careful internet user and SMS sender. When using the SMSONNET services, User is required to take into account the applicable legal rules and the rules set by SMSONNET. User guarantees to act in accordance with the MCCAA rules of conduct for SMS services and indemnifies and holds SMSONNET harmless for damages caused by acts in violation of these rules of conduct. The MCCAA rules of conduct can be found on www.mccaa.org.mt
- User is fully responsible for the content of SMS messages sent by User, customers of the User or a third party at the request of the User. User indemnifies and holds SMSONNET harmless for damages resulting from the content of sent SMS messages.
- User will not send messages which include content or expressions that harms or can harm the interests of SMSONNET or its Suppliers.
- User will not in any way make use of the services of SMSONNET for utterances which are; unlawful, pornographic, abusive, racist, discriminatory, inflammatory and/or illegal in any way, which shall be determined at the sole discretion of SMSONNET. User guarantees that the use of SMSONNET’s services by him, will in no way infringe upon the rights of third parties.
- SMSONNET is entitled to view – electronic or otherwise – any messages (sent or to be sent) from User, in order to see whether the content meets or does not infringe the provisions of this article.
- SMSONNET is authorized to suspend the performance of its obligations or terminate a contract if User does not (fully) fulfill his obligations. Furthermore, SMSONNET and User are entitled to terminate (or have terminated) a contract for the supply of services if the other party is in suspension of payments, files for bankruptcy or is declared to be in a state of bankruptcy. If at the time of termination/cancellation, the User has already received any performance of the services, such services and related payments will not be subject to cancellation. Amounts in respect of already performed services – invoiced before the termination – will be immediately due and payable at the moment of termination. Without prejudice to its other rights, SMSONNET is among other reasons entitled to terminate the agreement with immediate effect when:
- User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
- SMSONNET considers the User’s medium might be contrary to public order or morality, or could in any way be considered to be offensive or violent; and/or
- SMSONNET and/or it’s interest could in any way be harmed by the acts of the User.
- SMSONNET has the right to terminate the registration of a registered User if the User has not used the services of SMSONNET for a continuous period of twelve (12) months. Any remaining credits will be canceled.
- Complaints with regard to performed services, should be reported by means of a written notice by the user to SMSONNET within 8 days as of the date of discovery. The notice must contain a description of the failure as detailed as possible, so SMSONNET is able to respond adequately. If a complaint is legitimate, SMSONNET will perform its service (again), unless such performance demonstrably does not longer serve the User’s interest. The latter should be expressed in writing by the User.
- User is not allowed to use SMSONNET’s services for actions and/or behaviors that are in breach of or contrary to applicable laws, regulations, the agreement or these Terms and Conditions. This includes, but is not limited to, the following actions and behaviors: 1. spamming: sending unsolicited SMS with the same content; 2. violating copyright works or any other conduct which violates the intellectual property rights of third parties; 3. deception of others; 4. abusing the texts, or the information from SMSONNET; 5. offering products or services that are not User’s, without the consent of the rightful owner; 6. offering products or services which are not legal under the law of recipients.
- If User acts contrary to the provisions of this article, SMSONNET has the right to terminate the agreement with the User with immediate effect and to charge User with an immediately payable penalty of € 5.000 per event. This penalty does not affect the right of SMSONNET to claim higher damages relating to this matter. Any damage to SMSONNET or third parties caused by acts contrary to the provisions of this article, can be recovered from the User.
4. TERMS OF PAYMENT
- User shall be due to a fee (as determined by SMSONNET) per SMS message. Payment, if applicable plus VAT, will be made in the manner specified by SMSONNET.
Please note that VAT will only be applied to companies registered in EU and which they do not provide us a valid VAT number and to private users. Companies and private users outside EU, will not be charged for VAT by the SMSONNET.
- SMSONNET is entitled to change its fee for SMS messages. If User does not wish to accept the changes regarding the fee and/or costs, the User is entitled to terminate the agreement.
- SMSONNET works based on prepaid (prepayment). User buys SMS credit (credits) and can use the purchased credit after payment.
- No rights can be derived from the credits. Any remaining credits at the end of the contract will be canceled as a result of the termination, this without an obligation for SMSONNET to refund.
5. GENERAL LIABILITY
- SMSONNET is never liable for any damages suffered by the User as a result of a failure in the performance of the agreement, unless in the event of gross negligence or willful misconduct of SMSONNET.
- If SMSONNET is liable for any damages whatsoever, such liability is limited to what is provided for in these Terms and Conditions.
- Besides the cases mentioned in this article, SMSONNET shall not be liable for damages, regardless of the grounds on which an action for damages will be based.
- The total liability of SMSONNET due to attributable failure in the performance of a contract is limited to direct damages up to the amount of the stipulated service fee or charge for a period of up to six (6) months, with a maximum of 5.000 euro.
- SMSONNET is never liable for indirect damage, also including consequential damage, lost profits, lost data, lost savings and damages due to business stagnation.
- SMSONNET is committed to safely transferring User’s data. SMSONNET, however, does not guarantee the complete security of such data. The use of SMSONNET’s services is, with regard to the security of data, at User’s own risk.
- User indemnifies SMSONNET for any and all claims by third parties concerning intellectual property rights on material or data provided by the User made available by the User, for the performance of the services. User also indemnifies SMSONNET for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the User.
- SMSONNET will not use data from the User for purposes other than the provision of services and will not sell such data to a third party.
- SMSONNET will not disclose any personal information of Users, if explicit consent is not granted or in the exceptional circumstance that such information is required for legal purposes.
- SMSONNET will comply with the applicable Malta regulations regarding privacy. In case there is a legal obligation SMSONNET will present data from User to third parties.
- The information within SMSONNET’s storage is password protected so that only the User has access to the User’s personal and account information. The username and password supplied by SMSONNET to User are strictly personal and should be kept secret. User is responsible for the abuse of the username/password and shall immediately notify SMSONNET of any loss, theft and/or abuse.
- SMSONNET takes several measures to keep her and your data as secure as possible, but SMSONNET cannot guarantee the safety of the data. The measures SMSONNET takes in that context shall include (but not exclusively):
- Time restricted access to sensitive components;
- Two-factor authentication for sensitive components;
- Employee access to data on a need-to-know basis;
- Four eyes principle for several data including financial data;
- Extensive logging and monitoring (internal & external);
- Outsourcing policy with a confidentiality agreement;
- Data retention policy;
- Use of an internal and external Compliance Officer to validate that the internal procedures are being met, required PES ( Pre-Employment Screening, including a certificate of good conduct for each newly hired employee.
If the agreement, for whatever reason, has been terminated, SMSONNET has the right to block the access to the User’s account.
8. Malta LAW
To any agreement concluded by SMSONNET, Malta law is applicable. Any disputes arising from or related to the obligations resulting from the agreement concluded between the parties, will be exclusively submitted to Malta Arbitration Centre.