1. THE SERVICE
The Service shall consist of any browser interface with thesmscentral.com, SMS gateway access, data transmission, data access and data storage. Soft Lab Inc reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without prior notice and with immediate effect.
2. DELIVERY OF MESSAGES
Messages shall be deemed to have been delivered when WEB SMS has delivered/sent the messages to the immediate destination that WEB SMS's software is programmed to send.
3. USER ACCOUNT
To open an account for usage of the Service, the User must complete the registration process by providing us with current, complete and accurate information as prompted by the registration Form. Inaccurate details shall result in suspension of the account. The User will also choose a password and an account name. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account.
The User agrees to notify Soft Lab Inc immediately of any unauthorized use of its account or any other breach of security.
4. MEMBER PRIVACY
It is our policy to respect the privacy of the User. Soft Lab Inc will not monitor, edit, or disclose any personal information about the User or the User's the sms central account, including its contents, without the User's prior permission unless Soft Lab Inc has a good faith belief that such action is necessary to:
Soft Lab Inc’s service transmits the Sender's name (From field) and/or email address with each message that the end-user sends.
The User agrees that Soft Lab Inc may access its account, including its contents, as stated above or to respond to service or technical issues.
The User hereby grants Soft Lab Inc the right to send the user communication via e-mail of any updates, upgrades, notices, or other information that Soft Lab Inc deems important for the user to know, relating to the service.
5. MEMBER OBLIGATIONS AND DUTIES
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable.
This Agreement shall be governed by and construed and interpreted in accordance with the law of the Nepal
The rate will be applied as per the attached invoice. If user sends sms outside Nepal relevant charges will be applicable for the corresponding account.
8. Entire Understanding
This contract and the Appendices attached thereto constitute the sole agreement between the Developer and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer.