Terms & Conditions

Please read these Terms & Condition first, your acceptance from the time you purchase our services online by accepting this terms. These Terms cover to all users of smsnix.com. This is a common terms and condition which is applicable across all our services and products. Terms and Conditions carefully as they will form a contract between us and

We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us. Please fill your details in the form and one of our team members would be in touch with you.

 

IMPORTANT: In accordance to the Information Technology Act, 2000 (Government of India) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the smsnix.com website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions then you may not use the smsnix.com website. The reasonable use of the smsnix.com website shall automatically bind the user to this agreement.

Acceptance of Agreement: By visiting our website smsnix.com you agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). If you don’t agree these Terms and Conditions you may not be able to use our website and Services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Submissions:  All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Copyright: The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission. It is a punishable offense and we can take actions to the person for performing such kind of things.

Third-Party Website: All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.

Deleting and Modification: We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement. We can change or modify the contents of our website, our Privacy Policy, sms prices, service charges, Terms and Conditions and other things related to our service any time without any early notice.

Pricings and payments: The pricing for SMS and our services is not fixed. The pricing may depended on Government, TRAI, Network provider and other circumstances. As per the market condition and other reasons we can increase the pricings for our services without any early information.

Policy for Using Our Services: Users are advised to only access, browse and use the smsnix.com website for legitimate personal or commercial purposes and they may not use the smsnix.com website or any smsnix.com services and/or products for harmful purposes or Illegal purposes.

Once you create your account in our Bulk SMS Service with your own mobile number, e-mail id and other details you are completely responsible for the massages, has been sent through your account. For sending SMS through our portal you have to strictly follow below mentioned Terms and Conditions.

  • You can’t send any kind of fraud or cheating, gambling, racing, beting contents through our SMS service.
  • If your sent massages contain abusive, preferential, racist, sexual, spam contents or your massages are mean for mentioned subjects, we can take strong action against you and can ban your account, agreement without informing you. For taking strong actions you will be completely responsible.
  • If any complain comes from any third party of your containing massages we can check their complaints and if we find anything proof according to their complaint we can take actions on this.
  • The information you enter to create an account should be correct and genuine. If we find any of you submitted information are incorrect or duplicate, we can delete your account and can take back your right to access our services.
  • You can’t promote alcohol, drugs, smoking and such other things which are commonly injurious or banned by the Government agencies by our services.
  • Using our SMS service for spreading contents related to viruses, harmful programs, harmful links, worms are strictly prohibited. We can take strong actions for doing such kind of things.
  • Sending SMS contains related to hatred, harassment, threading, obscene, and pornographic or these contains are major offence. We can take immediately strong action and can delete his account.
  • You cannot use our service for send any third party copyright contents, third party authorized trademarks etc.
  • Your massage contents should not conflict with any civil laws, nationalism, any sex, color, any religion, any political party, any group or individual person.
  • You should not send massages provoking someone to do something illegal, antisocial, breaking criminal or civil law.
  • You cannot use our service to spreading rumors or wrong information which can lead destruction, can break Government laws.
  • If you send any massage which violates any Term and Condition of Government, TRAI, Network Provider or any other Government Agencies they can take action on you. We are not responsible for their action and you may have to face to Government action.

If a user or breaks or violate any of our Terms and Conditions or trying to do so smsnix.com reserves the right to claim damages from the User or that person. smsnix.com reserves the right to institute criminal proceedings against the User.E-mail addresses, names, telephone numbers and fax numbers published on the smsnix.com website cannot be incorporated into any database, used for electronic marketing or similar purposes.

All the licenses and/or permissions that are granted in terms of this section are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by smsnix.com at any time without prior notice or giving any reasons.

Disclaimer: To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of smsnix.com and all our group companies under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Limitation of Our Liability:

  • Our Services are related to Network Provider, Cellular mobile networks, traffics etc. So we cover our liability as much as we can. Delivering massages depend on many circumstances so we do neither give the guaranty to deliver a massage nor commit any specific time to deliver a massage.
  • If you face any kind of financial and other damages due to massage delivery or delay massage delivery, we are not responsible in any way and we are not bound to give you any kind of Compensation for you loss.
  • We always try to keep going our service and do lots of efforts on that to give you the uninterrupted service. But in case any technical or other issue comes and you cannot use our service we will not take the responsibility for that.
  • Sometimes due to technical problems delivery reports and original delivery mismatches with each other. For that problem we are not responsible in any way.
  • Using or our service is completely at your own risk. Securing your user name and passwords are at your hand. Any damage occurred by losing your password, Username and any damage for that reason is completely at your responsibility.

Taxes: smsnix.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or smsnix.com/ smsnix.com server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Indemnification: You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Company Website, your conduct, content, communications, alleged infringement of hired-party intellectual property or privacy rights, or violation of these Terms of Use.

Termination: If we find out a client has violated any Terms and Conditions of our services then we can cancel the deal with the alluded client without any early notice. We have the right to take any legal action for violating Terms and Conditions or any unfair activity; the client will completely be responsible for that.

Governing Law: These terms and conditions are governed by and construed in accordance with the laws of West Bengal, India and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location.