Changes to this Agreement: We reserve the right to change these terms and conditions at any time and will supply notice if contractually obligated. You are responsible for regularly reviewing these terms and conditions.
Acceptance: By accepting these terms or use of our services, you confirm that you have the consent of the enterprise, your employer or any other person you represent.
These terms or the use of our services may not be accepted by you if you are not of legal age to form a a binding contract with us or if you are restricted by laws of any country to use our services.
Services: We provide SMS services as is described on our website or for which you have registered. SMS delivery is handled through several network and aggregators.
Delivery: An SMS is considered to be delivered once it has been transmitted from our system to our associate providers in the network. These SMS sent by you the user is considered to be (MT Message) which is different from (MO Message) that is sent by a mobile phone user. At all times the delivery of SMS is dependent not just on us but also network service providers, network infrastructure and coverage as well as the recipient’s handset which may vary widely across countries.
Dynamic Sender ID: This is the ability to customize the identification of the sender of your SMS which is seen by the recipient. Not all mobile network operators allow dynamic sender IDs and as such we cannot guarantee they will work for any SMS. Those that allow it usually contain features such as Unicode, alpha numeric characters, numeric characters and binary code. We may charge you an increase credit rate for the use of these features. If any of these features fail to terminate because its not supported by the operator we will still charge you for the delivery of these messages.
Maintenance: From time to time we may suspend SMS service for the purpose of schedule maintenance. We will notify you at least 24hours in advance of any schedule maintenance.
Account Holder: The account holder is the person or entity to which the account is registered. The Account Holder is a client of the Web Applications Provider and uses the platform to request services and communicate with End Users.
Account Holder Responsibility: As the account holder, you are responsible for the following:
- Payments of our fees in accordance to our payment terms set out in this agreement.
- Sending SMS in accordance to specifications and procedures posted on our website
- Ensuring that all SMS creation are done to specification mentioned on our website
- Providing necessary information required to troubleshoot and fix problems with our systems and services; and
- Any other obligations in our terms
Fees and Plans: We currently offer our service under plans. You are required to select a plan upon registration and can upgrade your plan at anytime. Our free plan is intended to provide credits for testing purposes. Thereafter, you will be required to purchase a plan in order to continue the usage of the service. All our plans are prepaid which means that you must pay for the service before credits can be applied to your account. We may increase our fees at anytime with notice to you.
Credits: Messaging credits are virtual currency used to transmit SMS messages. The value for each SMS message credit will be dependent on the destination of that message.
Account Balance: The balance shown on your account is represented in dollars which covers the cost for sending SMS to your destination of choice. The cost for each credit is detailed on our website under SMS Coverage and Cost. You should check our website regularly as we may change the rates from time to time.
Expiration: We may make your credit expire if your account is inactive. We encourage the use of your account regularly to avoid losing any credit. We will provide explanation to you on how to avoid this situation.
You should have a professional or commercial relationship with all the intended recipients of your communication you send using our service. By this we mean that your customers should either request or permit messages from you.
You must also give every recipient the option to exercise their right to unsubscribe from receiving any of your messages.
Restrictions: whenever you use our service to send SMS, you must abide from distributing unsolicited, unwanted, illegal or abusive messages. Sending junk message is totally unacceptable. Intention to defraud, deceive, mislead or even misrepresent any person or entity is restricted from our service. Impersonating or misrepresenting your true identity is also prohibited. Also the creation of false contacts or address or information in your communication is not accepted using our service.
You are restricted from transmitting anything (including words and images) which is defamatory, discriminatory, obscene, lewd, offensive, morally repugnant, induces an unacceptable sense of fear or anxiety threatening, abusive, harassing, harmful, hateful or which contains pornography, adult content, induces or promotes tribal or racial disharmony, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context
No committing of fraud or soliciting or inducing any person to participate in any commercial or non-commercial activities such as a financial scam, "pyramid schemes" or "chain letters" is accepted through using our service.
Any use of the service that is contrary to its true intention shall warrant the closure of your account with us without any ramification thereof.
Disclaimer: We do not accept liability resulting from the fraudulent actions and/or omissions of the customer, any purchaser or any third party, whether such damages arise in contract, delict (tort), under statute, in equity, at law or otherwise. This includes any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services. To clarify, in the event of any incidents of fraud related to the SMS services, MI Group mMessenger will only be liable for direct damages suffered by the Customer, if such damage occurred as a direct result of the gross negligence or intentional fraudulent conduct of MI Group and/or its employees. You indemnify and hold MI Group, our agents, employees and associated companies harmless against any damages whatsoever caused directly or indirectly by the fraudulent actions or omissions of the customer, any mobile network and/or any purchaser. We do not accept liability for any damages or losses arising out of delays caused by latency. This includes any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services.
Support: If you have questions about our SMS services please contact us via technical support