This Agreement governs both Your subscription to and use of our Services. By Signing up, you indicate Your acceptance. You agree to the terms of this Agreement. You may not use this Service for purposes of bench-marking. However, you may use for competition or research purposes, but with Our prior consent. This Agreement is effective between You and Us as from the date of Signing Up on Quicksms.

Our premium services are offered at very affordable rates. If you use Our Service to send an unauthorized SMS or e-mail or other electronic message or campaign to a recipient, we may delete your account or charge you a penalty or any larger amount that may be imposed under applicable law, with a minimum of the actual damages we would likely suffer from any abuse of Our system or violation of the Agreement or the laws that regulate sending out and the content of SMS.

The words and expressions of this Agreement shall have the meaning as established in this «Definitions» if not otherwise required from the context of the Agreement. Plural and singular word shall have the same meaning. “We”, “Us” or “Our” shall mean QuickSMS as, a Value Added Service Provider and LINKS ENGINEERING a Limited Liability Company, with its registered office at Accra-Ghana, email address info@linksengineering.net. “You” or “Your” shall mean the entity for which you are accepting the Agreement, and Affiliates of that entity. “Affiliate” means any entity that is directly or indirectly owned or controlled by You with more than 50% of the shares or voting interests. “Subscriber” shall mean anyone subscribing to any of Our Services. “Opt-in” shall mean someone is given the option to consent to receiving marketing communications by SMS, e-mail or other electronic means. “Users” shall mean the persons for whom You have subscribed the Service and who have been supplied user identification and passwords by You (or by Us on Your written or verbal request). Users may include Your employees, contractors, media agency or other third parties with which You transact business. “Service” shall mean the Service that is made available by Us via the website or application. You agree to be bound by the terms of the Agreement. “Your Data” shall mean any and all electronic data or information, including but not limited to personal data and/or intellectual property rights protected works, submitted by You to the Services.

We reserve the right to change any of the terms of the Agreement by posting the revised Agreement on Our Website or application and/or by sending an e-mail to the last e-mail address You have given Us. Unless the Agreement is terminated by You within ten (10) days, this new Agreement will be effective immediately thereafter with respect to any continued or new use of the Service.

Our Services are intended to be used in business-to-business, consumer-to-consumer and business-to-consumer communications. No person under the age of eighteen (18) years shall have the right to use Our Services. By using Our Services, You represent and warrant that You are at least eighteen (18) years of age and that Your use of the Services does not abuse Our system or violate the Agreement. Your uploads may be deleted and Your subscription may be terminated without notice if We have reason to believe that You are under eighteen (18) years of age or abuse or have intention to abuse Our system or violate the Agreement or any law.

Signing up for an account is free. You may use Our Services initially, for free, since some SMS credits are given to you for testing purposes. Free subscriptions are hence limited to the use of the Service. The free subscriptions to the Services are provided “as-is” without any warranty.

Our Services are purchased as User subscriptions and provided “as-is”. Only the Users who have signed up are allowed to access the Service(s). Each Registered User will have a unique password, which shall not be shared with any third party. You can register using our Sign-up page or Automatically Sign-up (continue) with your Google Account. You are responsible for maintaining the confidentiality of your Account. You are solely responsible for usage of any account provided to You, whether or not the usage is authorized by You. You agree to immediately notify Us of any unauthorized use of any account of Yours and to Order any necessary Service to cover for the actual usage.

In order to prevent fraudulents Sender ID's and ensure compliance,
Quicksms will check and approve Sender ID before a message can be sent on the platform. Once a Sender ID has been approved, users no long need approvals unless a new Sender ID is detected by the system.

The prices for Our Services are detailed on Our website and may be changed from time-to-time. You agree to pay any sales, use, value-added, or other tax or charge imposed or assessed by any government entity upon the use or receipt of Services. You can purchase a subscription (SMS units) online using Mobile Money or VISA card. We are required to provide You a refund if We terminate Our Services to You without any violation of our terms. We retain the right to immediately refuse access to any Service in case the credit requirements are not fulfilled by You.

All purchases are final and all payments made or accrued are non-refundable. Also, if Your account is terminated due to Your breach of the Agreement, no payment will be refunded. If You want to make a claim that We have charged You in error, you must give notice of claim within 7 days of when We charged You in error, backed with evidence. We reserve the right to refuse a refund request if We reasonably believe (a) that You are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the Services; (b) if You are in breach of the Agreement or (c) if We reasonably suspect that You or someone with access to Your User account are using Our Services fraudulently.

The Agreement for subscription-based access to Our platform services, shall become effective on the Effective Date when Service begins to run. Your account will be immediately terminated if you violate Our Terms of Service, Our Privacy Policy or any of the intellectual property, data protection or privacy laws or regulations applicable to the countries in which You are using Our Services to sending any form of communications.

Either party’s failure to perform its obligations hereunder shall not be deemed a breach of the Agreement if such failure is due to fire, strike, war, civil unrest, governmental regulations, acts of nature, or other causes beyond the reasonable control of the party claiming Force Majeure. This provision shall not apply to Your obligation to pay any sums that are due prior to the Force Majeure event, which shall continue unabated.

• provide Service to You

• provide respectively Our customer and technical support for Service(s) to You at no additional charge and on request

• provide customization services to you at a charge if required.

• use commercial efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control.

• provide Service(s) in accordance with applicable laws and governmental regulations only

• by means of planned, systematic measures ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of Your Data

• not modify or disclose Your Data except as permitted by you

• be responsible for the accuracy, quality and legality of Your Data

• use commercially reasonable efforts to prevent unauthorized access to or use of the Service(s), and notify Us promptly of any such unauthorized access or use.

• use the Service(s) only in accordance with the Agreement, the Privacy Policy and applicable laws and authority regulations.

You shall not:

• use the Service(s) to store, communicate or otherwise process infringing, or otherwise unlawful or torturous material.

• interfere with or disrupt the integrity or performance of the Service(s)

• attempt to gain unauthorized access to the Service(s) or their related sites.

• send out unrelated offers or unrelated content to Your contacts or communities.

• violate any data protection and privacy laws and regulations applicable to the countries in which you are sending any form of communications via Our Services.

You are aware and acknowledge that:

• capacity problems may occur

• availability problems may occur as the Service is delivered through third party services providers over Internet.

• SMS delivery problems may occur as the success rate of SMS delivery depends on the terms of the mobile operator of the recipient.

Without prejudice to the limited rights expressly granted under the Agreement, We or Our Licensors shall have all intellectual property rights (IPR) in the Service(s). Any loss caused by infringements by You or by any person under Your responsibility shall be borne by You. Your campaigns If You, a third party acting on Your behalf, or a User distribute campaigns using the Services, You authorize Us to host, copy, transmit, display and adapt such campaigns and process Your Data solely as necessary for Us to provide the Services in accordance with the Agreement. Subject to the above, We acquire no IPR from You under the Agreement in or to such campaigns or Your Data.

You agree with us to retain in confidence the non-public terms of the Agreement and all other non-public information and know-how disclosed or that becomes known by either party as a result of activities pursuant to the Agreement, which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential (“Confidential Information”). Each party agrees to: (a) preserve and protect the confidentiality of the other party’s Confidential Information; (b) refrain from using the other party’s Confidential Information except as contemplated herein; and (c) not disclose such Confidential Information to any third party except to employees, representatives and contractors as is reasonably required under the Agreement. Notwithstanding the foregoing, either party may disclose Confidential Information of the other party which is: (i) already publicly known; (ii) discovered or created by the receiving party without reference to the Confidential Information of the disclosing party, as shown in records of the receiving party; (iii) otherwise known to the receiving party through no wrongful conduct of the receiving party, or (iv) required to be disclosed by law, court order or by any authority of any relevant country. Either party hereto may also disclose any Confidential Information here under to such party’s agents, attorneys and other representatives or any court of competent jurisdiction or any third party empowered here under as reasonably required to resolve any dispute between the parties hereto.

QuickSMS is a communications platform meant for lawful and non-offensive communications. In order to ensure the highest delivery rates possible for all Our customers we do not allow You to send out communications that might jeopardize the deliverability of our entire system.
You should therefore not send:

• any communications that violate the laws that regulate sending out and the content of bulk and/or marketing communications

• sexually explicit communications.

• hateful, discriminatory or other in Our reasonable judgment inappropriate communications.