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1 INTRODUCTION
1.1 Srbit Limited and the Customer/Member of stepsms have entered into, or intend entering into a service agreement (“Service Agreement”) in terms of which Clickatell will render short message service (“SMS”) tools and services (“Services”) to the Customer.
2 DURATION
This agreement shall start on the date that Customer/Member of stepsms register through website and accept the Term & Condition unless terminated or being deleted the customer details from the stepsms website.
3 CUSTOMER’S OBLIGATION
3.1 For the duration of this Agreement the Customer/Member of stepsms shall only use the Functionality that provided on stepsms website 3.1.1 in accordance with the terms and conditions of this agreement and the Service Agreement; 3.1.2 for lawful purposes; 3.1.3 in accordance with all applicable local, national and international laws, regulations and codes of conduct; and 3.1.4 for the purposes for which they are designed.
3.2 For the duration of this Agreement the Customer/Member of stepsms shall not – 3.2.1 do anything which violates any terms and conditions of this agreement or the Service Agreement; 3.2.2 send junk SMS messages, spam or any unsolicited messages (commercial or otherwise); 3.2.3 make any misrepresentation including (without limitation) – 3.2.3.1 deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; 3.2.3.2 impersonate or attempt to impersonate or otherwise misrepresent its identity to any person for whatever purpose or create a false identity mobile phone address or header; 3.2.3.3 change the content of communications received by it and thereafter forwarding same to others without indicating the nature of the changes; and 3.2.3.4 forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service; 3.2.4 transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, 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;
3.3 The customer will be responsible for all stepsms services and/or sub-user services linked to the customer’s service.
4 BREACH Without prejudice to any other rights which Srbit Limited may have in terms of the Service Agreement or at law, if the Customer/Member of stepsms breaches any provision of this agreement in the sole and absolute discretion of Srbit Limited, Srbit Limited may end this agreement on notice to Customer/Member of stepsms.
5 INDEMNITY
The Customer/Member of stepsms hereby indemnifies Srbit Limited, its affiliates, employees, shareholders, agents and service providers against all – 5.1 claims, costs and damages howsoever arising from or in relation to the Customer's/Member's of stepsms breach of this agreement (including (without limitation)) any fines or penalties imposed on Srbit Limited by any government or regulatory body; and 5.2 claims made by third parties howsoever arising from or in relation to the Customer's/Member's of stepsms breach of this agreement or the Customer’s/Member's of stepsms use of the Services or the Functionality.
This services run by Srbit Limited (United Kingdom)
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