Usage Agreement - Bulk SMS For Schools

Terms & Conditions

for subscribing to services of SMSReachout - www.smsreachout.in & www.smsreachout.com
SMSReachout reserve right to modify this policy at any time. All subscribers of Our Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time. The Terms & Conditions specifies the actions permitted by SMSReachout to its users of our services, including SMS and other services which may be introduced in future.
Uptime: SMSReachout is a web based application. Maintaining the uptime and usability of the application is our primary concern. SMSReachout will strive to ensure maximum uptime and availability of the application and its services for subscribers or users. Just like most of the web based applications, there are no guarantees or commitments or SLA's on the uptime of services of SMSReachout.
A. Illegal use
Services of SMSReachout may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
B. Subscriber Conduct
Subscriber shall use SMSReachout services for lawful purposes only. Subscriber shall not post or transmit using SMSReachout services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the SMSReachout express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in SMSReachouts discretion restricts or inhibits any other Subscriber from using or enjoying SMSReachout services will not be permitted. Subscriber shall not use SMSReachout services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services that are competitive with the business of SMSReachout.
Subscriber shall not upload, post or otherwise make available using SMSReachout services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
C. System and Network Security
Violations of system or network security are prohibited, and may result in criminal and Civil Liability. SMSReachout or its associates will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
  • Harassing or threatening transmissions.
  • Probing for means of gaining unauthorized access to computers or networks.
  • Introducing or causing to be introduce any computer contaminant or computer viruses into system or network.
  • Introducing or causing to introduce any pornography material, SMS etc.
D. Indemnification
Subscribers agree to defend, indemnify and hold harmless SMSReachout, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of SMSReachout Services by subscriber or anybody else than the Subscriber, if any.
SMS Reachout is an application that facilitates easy capture / marking of Attendance and maintaining student database. A FREE or Complimentary SMS gateway is provided to send SMS. This FREE SMS Gateway has been chosen after a study of available SMS Gateways. Responsibility of SMSReachout is to push your SMS to the gateway. Delivery of SMS is done by the SMS gateway and we do not have any role in it. Graphic illustration below describes the routes available and their priorities.
School Attendance SMS & School Leave SMS
SMSReachout uses the "Transaction - Others Systems". Clients / Subscribers to our services understand and agree that SMSReachout is not responsible for the end delivery of the SMS.
SMSReachout will not be responsible for end delivery of the SMS nor the time taken to deliver the SMS. By Signing up for our services, subscribers will not hold SMSReachout for delivery of SMS or for the time taken to deliver the SMS.
E. SMS
It is a condition of use of SMSReachout services that subscriber do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information,other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information,other material for commercial purposes, or which contains advertising.
User cannot use any sender Id to send SMS other than his own name, company or firm's name owned or managed by him/her. Using sender Id other than that owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law & order agency.
Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
SMSReachout has no control on the contents of the SMS sent and SMSReachout shall not be held responsible / liable directly or indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by SMSReachout through its SMSC or SMSC of its associates.
SMSReachout shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems, non cooperation by mobile operators etc.
User shall use the facilities provided by SMSReachout for delivery of MT SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through SMSReachout SMSC.
User will not send unsolicited SMS (also referred to as 'spamming'). All SMS sent by user using SMSReachout SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user
SMSReachout shall strive to deliver SMS immediately upon receipt from the user. However SMSReachout Shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, break down of SMSC or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of SMSReachout. SMSReachout will put in its best endeavors to achieve the best success rate in delivery of the SMS messages so routed through its SMSC
The Way We Use Information
We use the information you provide about yourself when placing an order only to process your order. We do not share this information with outside parties except to the extent necessary to process your order. We will use this information to occasionally inform you of promotions being run on the website or other networked website & products of our associates. Within each email, there will be an option to opt out from receiving such emails in the future. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
F. Cost policy
  • In consideration of SMSReachout Application features and forwarding the SMS through its complimentary SMSC, User shall pay the agreed amount for usage of SMSReachout Application and Applicable Taxes.
  • SMSReachout Application subscription period is always a financial year - April to March
  • For Schools there is no limitation on number of SMS sent through our complimentary SMSC (SMS Gateway).
  • SMSReachout shall be entitled to charge for all the SMS routed by its SMSC, irrespective of any delay, incomplete message and or non-receipt of the message by the respective mobile phone to which the SMS has been sent. SMSReachout will notify any change in tariff to Users.
  • SMSReachout shall invoice or raise the bills after receipt of money at the time of subscribing or buying additional credits or services by the user. The number of MT SMS submitted by user will be counted for credit utilisation or number of SMS sent.
  • GST and other statutory taxes would be as applicable on the date of subscription or renewal. The Current applicable tax is GST @18%.
  • User agrees to pay the subscription charges upfront with the order. On receipt of payment and submission of documents and declarations, the account will be created and the subscriber will receive their invoice / the bill from SMSReachout. All payments shall be in Indian Rupees (INR) only.
  • The SMS sent reports on SMSReachout system shall be the conclusive proof of the SMS sent by the user. The same cannot be contested nor details of sent statistics be demanded by the user.
  • SMSReachout shall not be responsible in any manner whatsoever to user or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
  • No unsolicited/objectionable message should be sent by user
  • Bulk SMS will be sent by user to national customer only (terminate within India only)
  • Timing decided for sending the SMSs is the prerogative of the Mobile Operators. SMSReachout role ends on submitting the SMS to the appropriate sending authority or route.
  • Nature of content and primary applications to be specified by user and adhered to.
  • The Bulk SMS rates are subject to change.
  • In case of change/revision of IUC for inter operator termination charges; these bulk SMS charge will be revised. User will have to pay the differential amount in order to send non-consumed SMS.In case TRAI levies ANY Extra Charges above 1 Paisa per SMS e.g. interconnectivity Charges , the User will have to bear all such charges for the Balance SMS Credits in their account. The Provider Company reserves the Right to suspend User Account 7 days after giving a Notification by E-Mail or SMS to the Client in case the client does not deposit the Differential Amount to the Provider. A copy of all such Policies will be provided to the customer when additional charges are applied.
G. Refund Policy
Before starting or subscribing to our services we advise you to seek detailed information and clarify all your doubts. We do not offer any refunds at any stage or condition
H. Enforcement of Terms & Conditions for SMSReachout subscribers
Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a subscriber or a subscriber's end user, shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice.
I. Subject to Bangalore Jurisdiction
Important: The latest version of terms and conditions are available at http://smsreachout.com/terms-of-bulk-sms-for-schools.php

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