Bulk SMS Terms and Conditions

Follow the simple Bulk SMS rules:

The Terms & Conditions specifies the actions permitted by to its users of our services, including SMS and other services which may be introduced in future. reserve right to modify the policy at any time. All subscribers of Our Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time.

a. Illegal use

may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, violates export control laws or anti national.

b. Subscriber conduct

Subscriber shall use services for lawful purposes only. Subscriber shall not post or transmit using services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any law, or which, without the express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the discretion restricts or inhibits any other Subscriber from using or enjoying services will not be permitted. Subscriber shall not use services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the services.

Subscriber shall not upload, post or otherwise make available using services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

c. System and Network Security

* Violation of system or network security are prohibited, and may result in criminal and Civil Liability. The will investigate incidents involving such violations and may involve / will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

* Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

* Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

* Forgery of any identification or obscuring of host-names, user-names, IP addresses, or any message header information in any data.

* Harassing or threatening transmissions.

* Probing for means of gaining unauthorized access to computers or networks.

* Introducing or causing to be introduce any computer contaminant or computer viruses into system or network.

* Introducing or causing to introduce any pornography material, SMS etc.

d. Indemnification

Subscribers agree to defend, indemnify and hold harmless the, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of Services by subscriber or any body else than the Subscriber, if any.

e. SMS

It is a condition of use of services that subscriber do not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

User cannot use any sender ID to send sms other then his own name, company or firm's name owned or managed by him/her. Using sender ID other then owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law & order agency.

Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.

has no control on the contents of the SMS sent and shall not be held responsible/liable directly of indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by through its SMSC.

shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.

User shall use the facilities provided by for delivery of MT SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through SMSC.

User will not send unsolicited SMS (also referred to as 'spamming') to subscribers. All SMS sent by user using SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user

User has complete control of the Sender-ID (Alphanumeric or Numeric) of the MT SMS sent through SMS and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone's name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and will in no way responsible for any such message and the subsequent fallout.

shall strive to deliver SMS immediately upon receipt from the user. However Shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, break down of SMSC or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of. However, acknowledges that it will put in its best endeavours to achieve the best success rate in delivery of the SMS messages so routed through its SMSC

SMSGatewayCenter.com will not be liable to compensate or indemnify for any lack or non-provision of service due to any Act of God or Force Majeure including natural calamities like flooding, earthquake, fire, power breakdown, terrorist attack and change of law or regulation.

User shall understand and agree that delivery reports of messages sent through the service are dependent on data provided to SMSGatewayCenter.com by telecom operators, which in turn is shared by SMSGatewayCenter.com with you. If the telecom operator does not provide data on delivery reports to SMSGatewayCenter.com, SMSGatewayCenter.com will not be able to pass on the same to you.

User shall understand that in light of NCPR and the clauses laid out therein, sending of any unsolicited message could result in penalties being levied.

User shall confirm that the mobile phone numbers to whom messages will be sent using this service are authentic & belong to people, User have personal, professional or business relationships with. User further confirm that User have not included in the list any number of any person(s) who is not known to user.

User shall guarantee that the records of the mobile number will be deleted from the database relating to a certain mobile end user upon a request from such mobile end user. The mobile end user has the right to submit such request to user at any time.

f. Cost policy
i. In consideration of forwarding the SMS through its SMSC, User shall pay the agreed amount per SMS + taxes sent anywhere within India.
ii. shall be entitled to charge for all the SMS routed by its SMSC, irrespective of any delay, incomplete message and or non-receipt of the message by the irrespective mobile phone to whom such SMS has been forwarded, however, bills the SMS only on delivery as per SMSC reports & CDR's. will notify any change in tariff to User
iii. shall raise bills at the time of buying the credits by user. The number of MT SMS submitted by user shall be counted for settlement.
iv. Service Taxes would be as applicable, currently@18%.
v. User agrees to pay the bill amount immediately when sent by. Such payments shall be in Indian Rupees (INR)
vi. The bill generated by shall be the conclusive proof of the SMS sent by SMSC of and the same shall be honoured by user, however in case of any anomaly found by user, he will present its statistics and both parties will resolve the anomaly.
vii. shall not be responsible in any manner whatsoever to user or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
viii. No unsolicited/objectionable message should be sent by user
ix. Bulk SMS will be sent by user to national customer only.
x. Timing decided for sending these SMSs is 9am to 9 pm except time critical messages which should be delivered without delay.
xi. Nature of content and primary applications to be specified by user.
xii. The Bulk SMS rates are subject to change.
xiii. In case of change/revision of IUC for inter operator termination charges; these bulk SMS charge will revised.
xiv. Registered user will be responsible to consume the service within the validity period offered by SMSGatewayCenter.com, else the service will be lapsed after the mentioned validity period. In any case, maximum validity period of the service cannot exceed 1-year from the date of placing confirmed order against payment, after which the service will lapse.

g. Refund Policy

Before starting any relationship with us we advice you to test our services. We do not offer any refund of money at any stage or at any condition once the transaction has done unless agreed.

In case, agreed to refund money it will take 60 to 90 days but not more then that from the date of request received by through e-mail (registered with the ) or by regular post. All charges like monthly fee (pro-rata basis), sms charges, 15% processing charges will be deducted from the refundable amount.

h. Disclaimer

The information contained in this website is for general information purposes only. The information is provided by SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd., and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd.,. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd., takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

i. Message Length of SMS messages

The message length of SMS messages, will be measured as follows –

Message length (upto) will be measured as per following –
i. 160 - characters : 1 message credit
ii. 161 - 306 - characters : 2 messages credit
iii. 307 - 459 - characters : 3 messages credit
iv. 460 - 612 - characters : 4 messages credit
v. 613 - 765 - characters : 5 messages credit


j. Enforcement of Terms & Conditions for subscribers

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a subscriber or a subscriber's end user, shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice.

User of the service, understand and agree that only courts in Mumbai have jurisdiction over any and all matters pertaining to the service.

We also want to advise you that if, you do not agree with any of the condition mentioned above kindly do not register with us.

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SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to terminate user account at any time without notice or liability, if SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd., determines that user has violated any of these terms and conditions. SMSGatewayCenter.com, A unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to modify these policies at any time.

Note: The same bulk SMS terms and conditions clauses are also applicable for voice calls, e-mail campaign and miss call alert services.

By registering online or offline with us and / or by making or issuing payment for the service, user agree to all the terms and conditions mentioned above.