Terms Of Use Of Services
PenSMS shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however, the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. PenSMS does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event PenSMS shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice. PenSMS shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable. Messages shall be deemed to have been delivered when PenSMS has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers. PenSMS shall have the right to withhold, terminate or suspend the provision of Services to the User at any time.
Where this Agreement or the provision of any Service is terminated by PenSMS for any reason other than a breach by the User or discontinuance of a Service by a Network Operator, PenSMS shall refund all funds already paid in advance by the User for any unused terminated Service. Ordinary mobile terminated messaging services may be terminated by the User at any time.
Incoming numbers, including long numbers, shortcodes and premium rated numbers must be leased for a minimum initial period of two(2) months and thereafter one further months’ notice must be given by the User in order to terminate the lease of any long numbers or shortcodes.
Should a recipient have received a message from a User sent via PenSMS, and should a recipient no longer wish to receive such messages, the recipient may undertake any of the following: Call the PenSMS number, supply their mobile number and ask to be blocked from receiving further messages. Email PenSMS with their mobile number and ask to be blocked from receiving further messages.
Customer Service Contact Information is as follows: Number: 234(0)8114378209 Email address: support@PenSMS.com.
Registration and Security
To register to make use of the Services, a User must complete the registration process and must provide PenSMS with up to date, complete and accurate information as requested by PenSMS. Failure to provide accurate and complete information on registration may result in termination of the Services. A User will also be required to choose a Username and Password. Users are responsible for maintaining the confidentiality of their Usernames and Passwords and Users undertake not to divulge their Username and Passwords to any other person.
A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach. Users agree to notify PenSMS immediately of any unauthorized use of their account(s) or any other breach of security.
It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that PenSMS should suffer any damage or loss, civil damages will be claimed. In the event that a User wishes to replace a person/employee using a specific PenSMS account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform PenSMS in writing of this change and change all details on the account accordingly.
PenSMS may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and PenSMS shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality. In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant’s rights or the rights of another person, the complainant shall provide PenSMS with a written notice setting out:
> The full names and address of the complainant;
> The written or electronic signature of the complainant;
> Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
> Identification of the material or activity that is claimed to be the subject of unlawful activity;
> The remedial action required to be taken by the service provider in respect of the complaint;
> Telephonic and electronic contact details, if any, of the complainant;
> A statement that the complainant is acting in good faith; and
> A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of PenSMS for any misrepresentation of the facts or for wrongful suspension or termination of any Services by PenSMS in response to the complaint.
Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that PenSMS shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification. No PenSMS account may be is transferred from one person to another without the written consent of PenSMS. Where PenSMS consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person’s name or trademark, a new account must be opened. In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, PenSMS will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register.
The User further agrees that if any person responding to the above contact confirms the request, then the request may be implemented and a new password issued to such person and the User agrees that PenSMS shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorised persons have gained access to the Users email account or telephone.
Privacy
PenSMS will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User’s PenSMS account, Phonebook or Database List, other than in the normal course of the use of the Services, without the User’s prior permission unless PenSMS believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of PenSMS, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect PenSMS’s business or reputation.
The User agrees that PenSMS may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that PenSMS may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient. Users agree that PenSMS may make use of a User’s profile and account information for non-personal statistical purposes. Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
Payment and Prices
Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of credit is inclusive of PenSMS database hosting, User support and message handling costs.
PenSMS charges are located Prices Page and may be provided as a schedule to any other format of these terms and conditions.
PenSMS may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, PenSMS retains the right to increase the number of credits needed per message, for that specific network.
Payment security
Users acknowledge that PenSMS makes use of secure third-party payment gateways including Interswitch, PayStack, 2checkout, Mastercard, Verve and such others as may be disclosed on the Website from time to time and Users acknowledge and agree that PenSMS shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
Costs/payment methods
Taxes:
The User shall be liable to make payment of any and all value-added tax, general sales tax or other taxes applicable to the services in the User’s own jurisdiction and at the applicable rates. Unless expressly indicated to the contrary, all advertised or displayed prices are advertised and displayed exclusive of such taxes.
The manner of payment:
Payment methods include credit card, electronic transfer or cheque deposit where authorised by PenSMS.
Records of transactions:
Records of transactions may be obtained from PenSMS on request, or online at the relevant Credit History page. Proprietary Rights All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PenSMS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
PenSMS shall grant a User an individual, personal, non-sublicensable, non-exclusive and non-transferable license (“the License”) to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to PenSMS products and/or services.
The User acknowledges that PenSMS and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered “as is” and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement. Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of PenSMS.
Linking and Framing
Any third party site may link to this Website. PenSMS may provide links to the User only as a convenience and the inclusion of any link does not imply PenSMS’s endorsement of such sites. Any linked third-party websites, pages or advertisements that may be accessible from the Website, including content posted in social media or RSS feeds displayed on the Website are not subject to the control of PenSMS. PenSMS shall not be held responsible or liable (whether directly or indirectly) in any way for the contents, use, or inability to use or access any such third-party websites, pages or advertisements and any use or reliance thereon shall be at the Users sole and exclusive risk. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of PenSMS. Searching Technology Apart from good faith search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of PenSMS.
The use of non-malicious search technology, such as ‘web-crawlers’ or ‘web-spiders’, to search and gain information from this Website is not permitted if such technology will result in slowing down this Website’s server or copyright infringement of any data and information available from this website. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers published on the Website may not be incorporated into any database, used for electronic or direct marketing or other similar purposes.
No permission is given, nor is it implied, that information on the Website may be used to communicate unsolicited communications to PenSMS notwithstanding that such information may be published as PenSMS’s contact information.
Applicable Law
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Nigerian Government and the courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and PenSMS.
Entire Agreement
These terms and conditions constitute the entire agreement between PenSMS.