Terms and Conditions

Bulk SMS Terms & Conditions

TERMS OF USE This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under bsms.programicitsolutions.com Service agreed by you. The usage of the service is limited under all the terms & conditions herewith published. This agreement shall be governed by the rules and regulations of the authorities of the government of India . Please read this agreement carefully. All notices under this agreement will be considered as written and have been duly signed once the same is confirmed.

SERVICE USAGE POLICY

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM Programic IT Solutions. The utilization of the SMS service is subject to the following Terms of Service.

  1. Any illegal use of the SMS service is strictly prohibited.
  2. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM  Programic IT Solutions does not assume any liability for the content of messages sent.
  3. TEAM  Programic IT Solutions  will be exempt from any claim that may arise from third parties as a result of message content.
  4. You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin).
  5. You accept that the service is provided for professional use only and you agree not to use it to:
    • Promote alcohol, music, dancing, dating, gambling or deception.
    • Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
    • Harvest, or otherwise collect information about others, without their consent.
    • Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
    • Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
    • Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
    • Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
    • Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
    • Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
    • Interfere with others use and enjoyment of the service.
    • Engage in any other activity that Team  Programic IT Solutions  believes could subject it to criminal liability or civil penalty/judgment.
  6. You acknowledge that TEAM  Programic IT Solutions delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn?t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
  7. You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.
  8. TEAM  Programic IT Solutions neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While TEAM Programic IT Solutions makes every effort to deliver messages promptly.
  9. TEAM  Programic IT Solutions doesn?t refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. TEAM Programic IT Solutions debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAMProgramic IT Solutions has produced evidence of a technical problem or error.
  10. TEAM  Programic IT Solutions  reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.
  11. The SMS account balance is non-refundable and does not bear interest. No carry forward of the credits will be made.
  12. You under take the whole responsibilities regarding the messages sending through  Programic IT Solutions  services from your account, which are transmitted as per your request.
  13. You shall indemnify and reimburse TEAM  Programic IT Solutions all liabilities, costs, losses and damages, in case of any claim brought against TEAMProgramic IT Solutions from any third party due to breach of contract.

MODIFICATION OF TERMS

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.

Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.

TERMINATION

If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.

You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account