The contract is established as soon as an email is sent with both login and password required to use our SMS services
2- SMS Service Use :
We consider the fact that any activity which require your login and password has been ordered by yourself. Therefore you are legally engaged.
You are responsible for a prudent use and the conservation of your login and password as well.
We recommend our clients to change their predetermined password, and we recommend also a regular change. It is advised to take the right’s measures to avoid a wrong use or the steal of information. We consider the fact that any activity which require your login and password has been ordered by yourself. Therefore you are legally engaged.
You are responsible for a prudent use and the conservation of your login and password as well.
3- Nature of conveyed information :
We only channel your messages on networks managed by yourself or by the operators, so we are not responsible for the message content. We exclude services which would cause a breach of the peace
4- Risk :
The customer is aware that the Internet Access, the GSM Network and other media-communication are obviously associated with authentification risks, information security, privacy, services availability, transmission reliability….
Also, the client engaged himself to :
Make a generic description of the service he desires to propose to the users
Get the various authorizations in relation to the service he wants to exploit to the regulation authorities from the different countries concerned by its service.
Address SMS messages to the unique addressees that had previously given his agreement or the ones who had subscribed to the client’s service.
Respect the rules and laws in force concerning the messages delivery and their content.
Be responsible of any information and/or any message’s content delivered to the subscribers through the service
Not consider Atrait responsible for any GSM subscriber’s reclaim about messages content.
Do not claim about ownership, notably with a brand deposit, business one, or service one, short numbers attributed by Atrait.
Include on the commercial files the operator GSM network’s reference for the services linked to this document
Not harm Atrait’s image or its interests, whether by the messages content or the service promotion
Not broadcast, without previous written Atrait’s authorization, SMS messages which impact the SIM card such as downloading the GSM subscriber’s repertory
Use SMS short code given by us only for services which had been declared to Atrait and to the regulation authority
a / Nature of the forwarded informations :
Because of our unique duty to deliver messages ordered by the client on an operator-managed network, we can not be responsible of the messages content. We exclude (in principle and because of we don’t consent) any service that could constitute an obstacle to public order and morality.
The client engages himself to not send a message that can go against:
The law of the 29th July 1981 in relation to the press freedom, notably articles 23,24,24 bis,26,27,29,36 and 37.
The article 227-24 of the penal code that suppress the violent messages broadcast or porno ones, or the ones likely to seriously hurt the human’s dignity
b / User’s agreement :
The client is linked by a contract to the users which had agreed to receive messages delivered by our intermediate. Atrait guarantee to the operators of the users’ agreement to receive messages forwarded on their network; When Atrait has to justify the operators of this agreement, Atrait informs the client which therefore provides us within 72 hours the contracts signed according the first the first paragraph of this article.
Atrait is not responsible of its client deadline non-respect mentioned on the previous paragraph.
5- Our obligation :
We will implement all means, notably physically ones to allow you to provide your services to the end users. We will do our best
To guarantee the integrity of the messages diffusion thanks to our server SMS Center
To settle our SMS Center within 2 hours.
To ensure the permanence, continuity and quality of our services
We are not responsible in case of disruption and/or total or partial network unavailability
During the whole duration of the contract, we can instaure any technical evolution.
We will inform you as soon as possible, with a minimum note of 15 days
We may modify technical specifications
We will inform our customer of any planned operation on the SMSC
6- Confidentiality :
The customer undertakes to consider the details as strictly confidential: The customer will take necessary measures to protect those informations in safe conditions.
On the same basis, knowledge (communicated during the negotiation, the execution of the contract) of the other party mustn’t be disclosed. This is a mutual obligation in force during the contract and over 2 more years.
Both parties will take one’s measures to make its employees and partners respect that obligation.
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