Our Terms and Conditions
From time to time, MSMSPUSHER may change the Terms to meet technical, operational and legal changes. MSMSPUSHER will post a notice about changes made to the Terms on MSMSPUSHER’s website, and may send you a notice by email, a reasonable time before the changes take effect. You may choose by written notice to MSMSPUSHER to reject the amended Terms if the amendments adversely change your rights and if MSMSPUSHER does not agree that such amended terms will not apply to you, terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.
(a) About the Service
The Service is a cloud-based engaging platform which include but not limited to bulk SMS, E-mail, VoIP, CRM. The Service offers a feature-rich solution for small and medium-sized businesses to reach and engage their clients easier, faster and in a more secure manner.
From time to time, MSMSPUSHER may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.
From time to time, MSMSPUSHER may offer its customers to subscribe to third-party add-ons that integrate with, or complement, the Service. Such third party add-ons are owned and operated by the applicable third parties, may be subject to separate terms of service and policies of such third parties, and MSMSPUSHER shall not be responsible or liable for such add-ons.
(b) Grant of Right
Subject to these Terms and to the payment of fees, if applicable, MSMSPUSHER grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sub licensable right to use the Service solely for your business purposes and not for further commercialization or resale. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.
(c) User Account
When you register, MSMSPUSHER will ask you to provide certain contact and personal details. MSMSPUSHER will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair MSMSPUSHER’s ability to provide you with the Service.
To login, you must provide your email address and password. MSMSPUSHER may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password from time to time. You will immediately notify MSMSPUSHER of any potential or actual misuse, unauthorized use, of your account.
If your subscription terms expressly allow for termination at will, you may terminate your account through your account page, or by contacting MSMSPUSHER via email at: https://MSMSPUSHER.com/contact. If your subscription is based on a renewable fixed period, you may elect not to renew your subscription. Following the termination of your account, you may no longer be able to access the Service. You are not entitled to refund upon termination of these Terms.
Notwithstanding any remedies that may be available to MSMSPUSHER under any applicable law, MSMSPUSHER may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service without refund, if MSMSPUSHER determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; and/or (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service.
(d) Privacy and Data Protection
(e) Content Removal
MSMSPUSHER respects the copyrights of its users and any other person. If you believe that your copyrights are abused on the Service, please send us a written notification to: https://MSMSPUSHER.com/privacy.
MSMSPUSHER may report any Contributed Content and share user identifiable information, MSMSPUSHER believes, in its sole discretion that such content is illegal or abusive or may violate any third party rights.
MSMSPUSHER respects the rights of its users and any other person. If you believe that any of your rights, other than copyrights, are abused on the Service, please contact MSMSPUSHER at: https://MSMSPUSHER.com/contact. MSMSPUSHER may ask you to provide additional information to process your complaint. MSMSPUSHER will make reasonable efforts to review your complaint and respond promptly. MSMSPUSHER will not respond to anonymous complaints.
MSMSPUSHER may remove any Contributed Content if MSMSPUSHER believes, in its sole discretion, or receives a notice, from a third party, that such content may violate any third party rights. Prior to removing the said content, MSMSPUSHER will block access to it and provide you a 48 hours prior notice before removing the said content without maintaining any backup copy.
(f) Service Fees
MSMSPUSHER offers some of its plans free of charge.
MSMSPUSHER also offers fee-based plans. You may use them subject to purchasing one of the Service’s plans, as listed in MSMSPUSHER’s website at: https://MSMSPUSHER.com/pricing. From time to time, MSMSPUSHER may change the Service fees, upon reasonable prior notice that MSMSPUSHER will post on its website or send you by email or text.
You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service. Fees will be regarded as paid only after your payment has been confirmed. The Service will be available to you promptly after you have paid the Service fees. You acknowledge that fees are not refundable. Failure to use the Service upon making payment, and following an expiry period of a package of your choice, MSMSPUSHER will not be liable for any refund.
Payments will include applicable taxes. You will pay all fees and taxes in a timely manner and in compliance with MSMSPUSHER’s pricing schedule and you will reimburse MSMSPUSHER for any interest and collection costs resulting from overdue payments.
MSMSPUSHER will make its best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, MSMSPUSHER will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers.
If you acquire our Service from an authorized distributor or reseller and not directly from us, your fee obligations will be instead to such distributor or reseller, in which case we will provide you with the Service subject to: (1) your compliance with such fee obligations towards such distributor or reseller,
(2) your agreement with such distributor or reseller being in effect, and
(3) such distributor or reseller being in compliance with its obligations to us. Unless agreed by us separately and directly in writing towards you or such distributor or reseller, none of the terms of any agreement that you may have with such distributor or reseller will derogate from our rights and your obligations under these Terms.
(g) Service Level Agreement (SLA)
“Uptime” means the percentage of time in a subscription month that MSMSPUSHER’s management console and MSMSPUSHER’s API services are available for access, as measured by MSMSPUSHER.
MSMSPUSHER strives for a 100% Uptime. If Uptime falls below 99.9% in a given subscription month, MSMSPUSHER will offer an extension of your MSMSPUSHER plan (“Service Extension”) of 1 day.
A Service Extension will not be awarded in the following circumstances: (1) circumstances beyond MSMSPUSHER reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services, or acts of God;
(2) network issues outside of MSMSPUSHER’s control, including DNS and connectivity problems;
(3) errors in MSMSPUSHER’s uptime measurement system;
(4) acts or omissions by Authorized Users;
(5) downtime that has been advised to you 72 hours in advance;
(6) downtime resulting from individual periods of non-availability lasting less than five (5) minutes;
(h) Intellectual Property
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Amtechbis Global Ltd. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without MSMSPUSHER’s prior, express written authorization.
MSMSPUSHER does not claim ownership over Contributed Content. However, you grant MSMSPUSHER permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant MSMSPUSHER permission to use your Company name and logo in MSMSPUSHER website and any MSMSPUSHER issued publications. If you wish to decline MSMSPUSHER’s use of your name and logo, please contact MSMSPUSHER at: support@MSMSPUSHER.com. You acknowledge that MSMSPUSHER may adjust and modify Contributed Content, per your requests.
“Confidential Information” means any information furnished or made available by one party to the other, that is identified as “confidential” or “proprietary,” either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure. The foregoing will not be considered as Confidential Information of a party:
(1) information already known to the other party without an obligation of confidentiality,
(2) information that is or becomes publicly known other than through a breach by a party of these confidentiality provisions, or
(3) information that is independently developed by the other party.
Each of MSMSPUSHER and you will maintain strict confidentiality of the other’s Confidential Information and will not use, disclose or have such Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide or receive the Service, or subject to the other party’s prior permission. Each of you and MSMSPUSHER will take precautions to maintain the confidentiality of the other party’s Confidential Information with the same degree of care as to its own Confidential Information, but in no case less than reasonable care. Upon termination of these Terms, either party will use commercially reasonable efforts to delete all copies of the other’s Confidential Information that is stored on its system or in its possession, except for retaining data for legitimate business purposes or as required under applicable laws, including under tax related requirements, account settling, record keeping, archiving and legal issues.
If a party is compelled by law to disclose the other party’s confidential information, then such party will provide the other party a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.
(j) Disclaimer of Warranty
You acknowledge and agree that the service is provided for use “as is”, without any warranties of accuracy, reliability, likely-result, merchantability, quality, fitness for a particular purpose, non-infringement, compatibility, security or it being up-to-date. Use of the service is at your sole and exclusive risk.
To the maximum extent permitted by law, MSMSPUSHER and its affiliates expressly disclaim any and all warranties, conditions, representations, and guarantees with respect to the service, the accuracy, reliability, adequacy or completeness of the service or any other material provided by any link to another website or service, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise, including, without limitation, any warranty of merchantability, quality, likely-result, fitness for a particular purpose or non-infringement. No representation or other affirmation of fact, including, without limitation, statements regarding capacity, suitability for use or performance of the service whether made by amtechbis global ltd and its affiliates’ employees or otherwise, which is not contained in these terms, will be deemed to be a warranty by MSMSPUSHER or its affiliates for any purpose, or give rise to any liability of MSMSPUSHER or its affiliates whatsoever.
(k) Limitation of Liability
You acknowledge and agree that the service is provided for use “as is”, without any warranties of accuracy, reliability, Msmpusher and its affiliates will not be liable for any indirect, incidental, special or consequential damage, costs, expenses and payments or for any loss of profit or loss of data, either in tort (including without limitation negligence), contract (including pre-contractual statements), strict liability, statutory liability or in any other cause of action, arising from, or in connection with these terms or the service, whether or not msmpusher or any such affiliate has been advised of the possibility of such damage, loss, costs, expenses or payments.
Msmpusher and its affiliates’ aggregate liability for any and all claims or causes of action arising under these terms or in connection with the service, whether arising out of breach of contract (including pre-contractual statements), tort (including negligence), strict liability, statutory liability or any other cause of action, shall not exceed the total amount actually received by msmpusher from you during the twelve (12) months before the occurrence of the events giving rise to such liability. Notwithstanding anything else in these terms, msmpusher will not exclude or limit its liability for death or personal injury resulting from its negligence; fraud or fraudulent misrepresentation; or any other liability which may not be limited under applicable law.
You will indemnify, defend and hold harmless, MSMSPUSHER, MSMSPUSHER’s affiliates and MSMSPUSHER and MSMSPUSHER affiliates’ employees, directors, shareholders, advisors or anyone acting on MSMSPUSHER’s behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees MSMSPUSHER incur in connection with an alleged or actual breach of these Terms or an alleged or actual unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
(m) Governing Law and Jurisdiction
These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by the laws of the Republic of Ghana.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and signed by the party whose waiver is made.
You may not assign your rights and obligations under these Terms without MSMSPUSHER’s prior written consent and any assignment without such prior written consent will be void. MSMSPUSHER may freely assign its rights and obligations herein. Subject to any provisions herein with regard to assignment, all covenants and agreements herein shall bind and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
You may contact MSMSPUSHER with any question about the Service, through the contact form at: https://msmpusher.com/contact MSMSPUSHER will make efforts to address your inquiry promptly.
Last updated: October 10, 2020.