TERMS AND CONDITIONS
These terms and conditions govern the legal relationship between www.smsafrica.com.ng and its Users. They have been substantively updated to take into consideration changes in legislation and regulations applicable to our business in Nigeria.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF ‘YOUR SITE NAME’ TO YOU AND THAT INDEMNIFY ‘YOUR SITE NAME’ AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
2.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“‘www.smsafrica.com.ng” means the legal entity with whom you contract for the provision of the Services: Such as Bulk SMS, Bulk SMS reseller package, Project materials, WAEC, NECO and NABTEB Examination Scratch Cards, ETC.
“End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using smsafrica.com.ng Services.
“Network Operator” means any party licensed to install, operate and maintain a cellular telephony network.
“Services” This shall mean and include all products and services offered or provided to Users by smsafrica.com.ng.
“SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process.
“User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the smsafrica.com.ng’s Website.
2.2 Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
2.3 Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
2.4 Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
2.5 To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3.1 Persons using our Website or our Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3 You may not use the Website or the Services if you are not of a legal age to form a binding contract with ‘Your site name’.
3.4 Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
3.5 smsafrica.com.ng reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefore. ‘Your site name’ also reserves the right to cancel orders in whole or in part in ‘Your site name’’ sole and absolute discretion.
4. CHANGES AND AMENDMENTS
4.1 smsafrica.com.ng expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
4.2 Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5. THE SERVICES
5.1 smsafrica.com.ng 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. ‘Your site name’ 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.
5.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event ‘Your site name’ shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3 ‘smsafrica.com.ng’ 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.
5.4 ‘smsafrica.com.ng’ 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 ‘Your site name’ for any reason other than breach by the User or discontinuance of a Service by a Network Operator, ‘Your site name’ shall refund all monies already paid in advance by the User for any unused terminated Service.
5.6 Ordinary mobile terminated messaging services may be terminated by the User at any time.
6. PAYMENT AND REFUNDS
6.1. Payment for our products and services shall be made only through Bank Payment to our Bank account published on this website and through online payment using your ATM cards. Smsafrica.com.ng shall not be held responsible for any payment whatsoever that is made by cash to anybody including the website administrators, designer or the website owner. (All payment should be made through Bank deposit, Bank transfer or online payment).
6.2. There shall be no refund of money after payment for any of our services.