Terms of Service
Special trading conditions for the use of all services of SMS-FRIENDZ.COM (January 2008).
1. Scope
These trading conditions rule the contractual relation between SMS-FRIENDZ.COM and the customer for the usage of the SMS service. SMS-FRIENDZ.COM provides these services exclusively on the basis of these terms of service.
2. Contractual relationship
(1) The contractual relationship between the customer and SMS-FRIENDZ.COM for the use of the SMS service is the result of the customer’s application and the acceptance by SMS-FRIENDZ.COM to the actual tariffs. As far as nothing different was agreed, application is accepted tacitly by the contribution of the service.
(2) The contractual relationship can be terminated by both contracting parties at any time in written form (by E-Mail, fax or letter). The remaining paid SMS volume can be returned chargeablely.
(3) The right for extraordinary termination of the contractual relationship remains unaffected.
3. Services of SMS-FRIENDZ.COM
(1) The range of the contractual performances results out of the service specification of SMS-FRIENDZ.COM.
(2) Transmitted contents are usually not subject to examination, bud could be logged through SMS-FRIENDZ.COM.
(3) SMS-FRIENDZ.COM reserves itself the right to extend the services and to make improvements after the current technical state of the art and under keeping of the entitled interests of the customer.
4. Obligations of the customer
(1) The customer agrees to not use the SMS service to transmit contents which fulfill in particular the following conditions:
a) suitability to be interpreted as maligning, deceptive, misleading, insulting, displeasing, pornographic, racist, glorifying violence, etc.;
b) menace or disconcertion of third.
(2) The customer is obligated to use the SMS-FRIENDZ.COM services properly and only in the context of the legality. It is in particular obligated,
a) not to abusively use access to SMS-FRIENDZ.COM services and to omit illegal actions;
b) to accommodate recognized principles of data security, especially to keep passwords secret etc. and to immediately arrange modifications, if the assumption exists that unauthorized thirds attained knowledge of this kind of access information;
c) to immediately report a recognizable lack or damage (failure report) and in the context of the reasonable make measures that one all measures meet, which facilitate and accelerate removal of the disturbance and enable an statement of the lack or damage and their causes to SMS-FRIENDZ.COM;
d) to immediately report each modification in the person of the customer, the name or the designation, under whom it led in the operating documents of SMS-FRIENDZ.COM.
e) SMS FRIENDZ.COM allows any originator to define. This feature is supported by adequate authentication measures (unlock their own number). If a customer tries to obtain foreign originator, the service will be locked.
f) SMS-FRIENDZ.COM reserves itself the right to check data to detect misuse (e.g. Advertising, Abuse, Spam).
5. Suspension of SMS Services
(1) SMS-FRIENDZ.COM reserves itself the right to lock the service if the customer uses the service abusively, in particular in the sense of 4. and/or offends against valid right.
(2) For the own security of the customer SMS-FRIENDZ.COM will lock the service, if the assumption is justified that the service is abusively used.
6. Responsibility of SMS-FRIENDZ.COM
(1) The responsibility for rough negligence is limited to the damage usually predictable in such cases. Responsibility and compensations are limited to the height of the order value.
(2) In case of failures of services because of disturbances outside of the area of SMS-FRIENDZ.COM's responsibility, SMS-FRIENDZ.COM does not reimburse any values.
(3) SMS-FRIENDZ.COM does not assume liability for the compatibility of its application with data, programs and configurations etc. of the customer. In particular SMS-FRIENDZ.COM does not incur any expenses, remuneration, expenditures or uses for the integration or missed integration of the application.
This covers in particular - however not exclusive - also the expenditure of time of the customer and/or its assigned ones.
7. Responsibility of the customer
(1) The customer is responsible for all consequences and disadvantages for SMS-FRIENDZ.COM and third parties, which are the result of the abusive or illegal use of the SMS service (in particular with offence against 4.) or the result of that the customer does not follow his other responsibilities and has to represent this.
(2) The customer keeps SMS-FRIENDZ.COM free from any third party claims, which are demanded because of the culpable violation of the rights of third parties by the customer or because of the customer’s behaviour contrary to the terms of the agreement or by the customer breaking the law.
8. Terms of payment
(1) The payment of the SMS service takes place in advance, as far as not agreed differently.
(2) Price adjustments: If SMS-FRIENDZ.COM has additional costs because of price adjustments of external partners; SMS-FRIENDZ.COM has the right to adjust its price structure. In such cases, SMS-FRIENDZ.COM does a refund of the remaining credit balance on request. If SMS-FRIENDZ.COM receives knowledge about such a price adjustments afterwards, possible extra costs can be charged also retroactively to the customer.
9. Privacy
(1) Personal data that is raised in the context of the use of the SMS service is raised and protected according to the relevant regulations of the federal privacy law. Employees of SMS-FRIENDZ.COM, who handle personal data, are obligated on privacy.
(2) As far as SMS-FRIENDZ.COM uses the help of third parties to provide its services, SMS-FRIENDZ.COM is, in the context of the relevant privacy regulations, fully justified to transmit the inventory data if this is necessary for the assurance of the operation and the interests worth to protect of the customer are not impaired.
10. Rights of use
(1) All copyrights and rights of use, which are located in the property of SMS-FRIENDZ.COM, remain reserved to SMS-FRIENDZ.COM.
(2) Copying and modifying, circulation and publication or other use of all service contents by the customer or by third parties, if it has to be represented by the customer, is forbidden, if it was not explicitly approved by SMS-FRIENDZ.COM in written form.
(3) The customer commits itself further to spread only such contents for which the customer has the appropriate rights of use.
11. Final provisions
If one or more regulations of these terms of service should be ineffective, then this does not involves the inefficacy of the entire contract. The ineffective regulation is replaced by the relevant legal regulation.
Area of jurisdiction and place of delivery are Zürich / Switzerland.