BULK SMS POLICY

BULK SMS POLICY

In India, due to strict adherence of CLI Policy (as per TRAI) we have to abide by certain rules and regulations. As per the policy, SENDER ID’s in personal names is not permitted. Also, SENDER ID’s which resemble any celebrity or a known personality is not allowed. The SENDER ID needs to be approved by us. Once you have registered for our services, you need to place a request for SENDER ID approval. Our team shall then review your request and if deemed fit, will approve your request. However, if your SENDER ID is not approved, we shall provide you with relevant reasons for non-approval. If any SENDER ID is similar to any known brand, then for the approval of the same, you will be required to submit relevant documents supporting the same. Non-submission of the supporting documents may lead to suspension of the account. This is done to prevent any misuse of the services as per the guidelines of TRAI and NDNC registry.

The users are required to adhere to the NDNC policy of TRAI. They should send marketing and promotional messages to only opt-in subscribers. If they do not have their list of opt-in subscribers, they must filter the list from NDNC registry as per TRAI rules and regulations. Non-compliance with the TRAI NDNC Policy will be deemed as breach of contract and we shall not be responsible for discontinuance of the services. Any obligation arising out of non-compliance with the TRAI Policy shall be borne by the user. All the legal and monetary claims that arise out of non-compliance of the TRAI regulations shall be settled by the user.

BULK EMAIL SMS INDIA reserves the right to modify the policy at any time without any consent. All the subscribers of our services are required to follow the policy as modified from time to time.

The subscribers are required to go through the following terms of use and follow the same. In case you do not agree to any of the terms and conditions, you are free to not use our services:

  1. ILLEGAL USAGE – Bulk Email SMS India should be used only for lawful purposes. Transmission, distribution or storage of any material or content in violation of any applicable law or regulation is prohibited. This includes, without limitation, content protected by copyright, trademark, trade secret or any other intellectual property rights, used without prior and proper authorization, and content that is obscene, defamatory, constitutes an Illegal threat, violates any law or is anti-national. Any sms containing adult content or illegal content like lottery winnings, etc. is completely prohibited. Any content which is misleading or influencing in any manner which induces involvement of money, is prohibited.
  2. SUBSCRIBERS CONDUCT – The subscribers shall use Bulk Email SMS India only for lawful purposes. The subscriber shall not post or transmit any material or content which violates or infringes in any way upon the rights of others, 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 our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a subscriber which restricts or inhibits any other subscriber from using our services is not permitted. Subscriber shall not use Bulk Email SMS India to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become subscribers of other services similar to or competitors of Bulk Email SMS India. Subscriber shall not upload post or transmit, by using any of Bulk Email SMS India service, any content protected by copyright, trademark, patent or any other proprietary right without prior written permission of the owner. The responsibility of determining that any content is not protected by copyright, trademark or any other proprietary right rests with the subscribers. 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.
  3. SYSTEM AND NETWORK SECURITY – Violation of system or network security is prohibited, and may result in Criminal and Civil Liability. If Bulk Email SMS India investigates incidents involving such violations and then it 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
  4. INDEMNIFICATION – Subscribers agree to defend, indemnify and hold harmless Bulk Email SMS India, its affiliates and their respective owners, directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the mis-use of the services or non-compliance with any regulations and law enforced by any legal or civil authorities. The sole responsibility of any claim arising out of use by the subscriber shall rest on the subscriber and Bulk Email SMS India will not be held liable in any case.
  5. SMS – The subscribers are not allowed to 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, software or 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, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or 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 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.
  6. COST / CHARGES POLICY
    • The mode of payment can be cheque, draft, cash, bank transfer, etc.
    • Advance payment has to be made by the subscriber for using the services of Bulk Email SMS India
    • Service Tax as applicable will be levied on the charges mentioned (presently it is 14.50%)
    • Bulk Email SMS India is entitled to reduce the balance of sms credits at the end of the validity period. Extension of validity is at the sole discretion of Bulk Email SMS India and the subscriber cannot claim the non-used credits after the validity is over
    • The subscriber agrees to pay in Indian Rupees
    • Bulk Email SMS India shall not be responsible in any manner whatsoever to the subscriber or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
    • No objectionable/unsolicited message should be sent by the subscriber. Any liability arising due to such act shall be borne by the subscriber
    • The messages shall be sent between 9 AM and 9 PM, except critical transactional messages that are required to be sent immediately.
    • The nature of business and the primary content of the SMS has to be specified by the subscriber
    • The rates are subject to change without notice.
    • In case of change/revision of IUC for inter operator termination charges; these bulk SMS charge will be revised. Subscribers 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 before charging anything extra
  7. REFUND POLICY – All the payments have to be made in advance and once any service has been subscribed, it cannot be cancelled. We always advise the subscribers to test our services before opting for the same. We do not offer any refunds or cancellations. However, in case of a genuine issue, Bulk Email SMS India may agree to cancel the subscription and provide the refund after proper verification of the reasons thereof. The refund shall be made within 60 days of the settlement and a total of 20% shall be deducted as processing fee. However, if the subscriber is not satisfied with any of our services, we shall try our best to solve the same. If any subscriber asks for cancellation or refund wherein there is no fault of Bulk Email SMS India, then it shall not be entertained.

DECLARATION – Bulk Email SMS India has no control on the contents of the SMS sent and that Bulk Email SMS India 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 Bulk Email SMS India through its SMSC.

Bulk Email SMS India shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.

User shall use the facilities provided by Bulk Email SMS India for delivery of SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through Bulk Email SMS India SMSC.

User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMSs sent by the user using Bulk Email SMS India SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user

User has complete control of the Sender-ID (Alphanumeric or Numeric) of the SMS sent through Bulk Email SMS India and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and Bulk Email SMS India shall in no way responsible for any such message and the subsequent fallout.

Bulk Email SMS India shall strive to deliver SMS immediately upon receipt from the user. However Bulk Email SMS India 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 Bulk Email SMS India. However, Bulk Email SMS India acknowledges that it will put in its best endeavors to achieve the best success rate in delivery of the SMS messages so routed through its SMSC

ENFORCEMENT OF TERMS AND CONDITIONS

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Bulk Email SMS India 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.