TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH PEAKSMS OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE PEAKSMS SMS SERVICE (THE "SMS SERVICE").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE PEAKSMS SITE .IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. PEAKSMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
PEAKSMS provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on our System. PEAKSMS may terminate, change, suspend or discontinue the SMS Service, including the availability of any features of the Site, at any time. We may from time to time provide additional services subject to charges according to the sole discretion of PEAKSMS.
2. MEMBER ACCOUNT
(A) Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by PEAKSMS. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the services are appropriate for your child.
(B) To open an account for usage of the SMS Service, the User must provide true and accurate information as prompted by the Registration Form and shall promptly update such information to keep it true and accurate. The User shall signup with his/her name, physical address, email address, phone number and a username and the password will be sent to the user’s phone number and notification to user’s email address. The User is entirely responsible for the privacy, confidentiality and storage of password. All website activities that can be traced to the username and password of the User are deemed as having performed by User. bulksms wholeseller SMS does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the SMS Service or Your Account and for any activities conducted through Your Account. In addition, PEAKSMS may temporarily DEACTIVATE your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify PEAKSMS immediately of any unauthorized use of the account at
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of the SMS Service. All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. We reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the SMS service shall be deemed to be acceptance of any posted changes in the prices for your use of the SMS Service.
(A) Fees: User shall pay to PEAKSMS a subscription fee according to the Plan chosen. The SMS account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on our system do not expire; user can login to SMS service anytime to use service. We may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. We reserves the right to change prices or institute new charges for access to or use of the SMS Service. Continued use of the SMS Service or non-termination of User's Account after changes are posted constitutes User's acceptance of the prices as modified by the posted changes
PLEASE BE ADVISED:
(a) You expressly agree that all charges for payment of the SMS Service are final and non-refundable. You are responsible for all charges resulting from your use of the SMS Service. Once you sign up for the SMS and provide a form of payment, PEAKSMS will not provide you a refund for any charge made on your credit card, debit card or any payments.
(b) If you believe that you have been improperly charged for any Service, you must notify us within 3 days of any invoice or credit card statement, provide us any information necessary to review the claim, and we will attempt to resolve the claim in a timely manner.
PEAKSMS DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify us, and you will be responsible for such unauthorized use or charges until you notify us. You must also adopt any steps necessary to prevent any further unauthorized use of your account or unauthorized charges.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service. You may not use the SMS Service for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person's rights of privacy or publicity,
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of e-mail or any similar conduct.
(B) PEAKSMS does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that PEAKSMS may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time. You agree that PEAKSMS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that PEAKSMS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PEAKSMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(E) After a successful registration, you may receive advertisements, promotions or similar messages on your mobile phone, personal computer or other similar device from PEAKSMS. A free SMS user may opt out from receiving similar marketing promotions, however, PEAKSMS reserves the right to terminate Your use of the SMS service. To discontinue receiving from such promotional service, email us at
(F) User agrees that PEAKSMS may terminate User's Account and use of the SMS Service (and other Quickdirectsms services) if PEAKSMS believes User has in any manner
(i) violated the terms and conditions of this Section 4,
(ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by PEAKSMS,
(iii) violated this Agreement,
(iv) provided PEAKSMS false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
5. MODIFICATION TO THE SERVICE
(A) User acknowledges that PEAKSMS is dependent on various telecommunications networks and institutions for the delivery of its messages and that PEAKSMS may adjust its prices and offering, should the prices be adjusted due to reasons that are not in PEAKSMS control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You understand that PEAKSMS may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the PEAKSMS website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 6 of this Agreement. In addition, PEAKSMS reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion.
6. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting PEAKSMS customer service at
. Notifying PEAKSMS in any other way of your desire to terminate your Account may result in delays in processing your request. PEAKSMS, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the SMS Service, for any reason, including, without limitation, for lack of use or if PEAKSMS believes that You have violated, acted inconsistently with this Agreement or if the charges to Your credit card or debit card for the fees are refused for any reason. PEAKSMS reserves the right to terminate Your Account and this Agreement for any other reason if PEAKSMS gives You at least seven (7) days advance notice. Upon any such termination of Your Account, You will remain obligated to pay all outstanding fees and charges relating to Your use of the SMS Service before termination. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PEAKSMS may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that PEAKSMS shall not be liable to You or any third-party for any termination of Your Account..