PLEASE READ THIS AGREEMENT CAREFULLY. THIS USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH DOMESMS WHICH SHALL HEREIN AFTER BE REFERRED TO AS “DOMESMS”, “DOMESMS”, “WE” OR “OUR” OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE DOMESMS BULK SMS SERVICES (THE "SMS SERVICE") AND OTHER SERVICES PROVIDED IN FURTHERANCE OF THE SMS SERVICES, OTHER SERVICES PROVIDED BY DOMESMS INCLUDES BUT ARE NOT LIMITED TO SERVICES AS STATED UNDER SECTION 1 OF THIS AGREEMENT. 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 OUR SITE (THE "SITE"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. DOMESMS 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
DomeSMS provides an SMS Service platform via its website with the capability to provide various support and technical services as may be required in furtherance of any of the services provided by DomeSMS. Services offered by DomeSMS include selling of: bulk SMS, phone number data base, we also provide SMS marketing, generate message report service, Joomla SMS support etc. DomeSMS may terminate, change, suspend or discontinue any of the Services rendered via her platform, including the availability of any features of the site, at any time. DomeSMS may from time to time provide additional services subject to charges according to the sole discretion of DomeSMS.
2. MEMBER ACCOUNT
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of our SMS Service and other Services rendered by DomeSMS. All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. DomeSMS 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 any of our Services shall be deemed to be acceptance of any posted changes in the prices for your use of our SMS Service and other services rendered to you by DomeSMS.
(A) Fees: User shall pay to DomeSMS a fee for SMS units. The SMS account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on DomeSMS do not expire; user can login to our website at anytime to subscribe for any of our services. DomeSMS may from time to time offer limited promotions which shall be subject to the terms and condition which may not necessarily form all or any of the conditions stated herein. The terms and conditions as contained herein shall remain in full force and effect. DomeSMS reserves the right to change prices or institute new charges for access to or use of any of its Services. Continued use of the any of its Services or non-termination of User's Account after changes are posted constitutes User's acceptance of the prices as modified by the posted changes.
(B) Non-DomeSMS Fees: Your wireless service provider or pager company may charge you a specified fee as it may deem fit for providing you with internet or internet connection in order to access any of our services. You are responsible for paying all such fees, and for any other hardware, service or other costs You incur to access Your Account, plus any applicable taxes. Users will be charged separately for use of any the Services subscribed for via our website in accordance with this Agreement and the terms set forth on the Site.
(C)Payment: payment for services rendered by DomeSMS may be made through the payment channels which are mentioned hereunder as it is provided always that the payment channels for services rendered herewith may be subject to such review and other terms as may be deem necessary by DomeSMS. DomeSMS may receive payment through any online payment processor. Payment may also be made through bank transfer or deposit into the DomeSMS Bank Account as may be provided by DomeSMS from time to time in furtherance of receiving consideration for services rendered by DomeSMS. We also receive payment through direct cash transaction with authorized representatives in our offices. You are therefore urged to take all necessary precautions where you opt for the cash payment method by ensuring you are dealing with the authorized representatives of DomeSMS as DomeSMS shall not assume liability for any loss or damage that may arise or accrue to you by reason of your transactions with an unauthorized representative.
(D) Refund Policy:
Payments received by DomeSMS for all or any of the services rendered via her platform to You or to anyone through your account are non-refundable. However, DomeSMS may only consider a refund for any services or subscription activated on our site where such services has not been approved or is pending the approval of DomeSMS with requisite charges.
(E) Credit Policy:
DomeSMS does not accept credit from Users. All our Users are advised to refrain from embarking on any act, conduct or omission that may directly or indirectly indicate, instigate or infer that a User is requesting for all or any of our services on credit basis. No User must harass, disturb, intimidate or harass all or any of Our Personnel on inquiries bordering on receiving or purchasing any of our services or products on credit basis. In any event where a User continually defaults in observing the obligation as stated herein, DomeSMS may proceed to report such User before the relevant regulatory authorities who shall take up the necessary legal actions against the defaulter.
PLEASE BE ADVISED:
(a) You expressly agree that all charges for payment of any of our Services are final and non-refundable save as provided in our refund policy. You are responsible for all charges resulting from your use and subscription for any of our Services. Once you have indicated your interest in any of our services, DomeSMS shall provide you with a statement of your purchase details or invoice and you shall be bound by same.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using all or any of our Services. You may not use any of our platform and services to perpetrate or further any of the causes and purposes hereinafter stated below:
(i)To impersonate or harass any other person
(ii)To send any information that is or the disclosure of which would be 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 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 contains any sexual, racist or discriminatory content constituting harassment 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) User agrees that DomeSMS may terminate User's Account and use of our SMS Service (and other DomeSMS services) if DomeSMS believes User has in any manner
(i)Violated the terms and conditions of this Section 4
(ii) Terms and Conditions of as contained in this site or any others service offered by DomeSMS.
(iii)Provides DomeSMS false, inaccurate or incomplete not current information or
(iv) Violates any applicable law, regulation or rule of any state or country.
6. DISCLAIMERS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOMESMS MAKES NO WARRANTY THAT HER SERVICES WILL MEET WITH YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DOMESMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH OUR BULK SMS SERVICE OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED. SIMPLY PUT, DOMESMS MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. DOMESMS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF OUR BULK SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
7. LIMITATIONS ON LIABILITY
(A)DOMESMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, INJURY TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOMESMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF OUR SERVICES BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE OR
(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICE OR USE OF OUR BULK SMS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE.
(B) DOMESMS SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SMS SERVICE GENERALLY, THE SITE, ANY OTHER DOMESMS SERVICE AND ANY ASPECT ANCILLARY THERETO;
(C) DOMESMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN DOMESMS AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS YOUR ACCOUNT PASSWORD OR CARD PAYMENT DETAILS. DOMESMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN DOMESMS AND THE USER.
(D)DOMESMS TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES OUR SERVICES OR SUBCRIBES TO ALL OR ANY OF OUR SERVICES THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO DOMESMS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING DOMESMS LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release DomeSMS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless DomeSMS and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through our Site, or Your use of the SMS Service.
9. TERMINATION OF ACCOUNT
We may in the furtherance of availing you recent development or trends in the industry provide, or third parties may provide, links to other websites or resources. User agrees that DomeSMS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DomeSMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resources.
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that our website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of Our Services, You may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of DomeSMS or any third party.
12. GOVERNING LAW; ARBITRATION
The laws of the Federal Republic of Nigeria shall govern all matters relating to this Agreement and use of our SMS Portal and Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Nigeria, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party may also, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of our Services and supersede any prior or contemporaneous written or oral statements by DomeSMS or its representatives or resellers. The failure of DOMESMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. DomeSMS may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
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