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Terms and conditions for running the SMS services

The terms and conditions under which Rathna Softnet Technology ("Company" or “Rathna Softnet”) offers Customer the use of the Rathna Softnet SMS Service (“Service”). By accessing or using the Service, the Customer agrees to be bound by the terms and conditions provided hereunder:

Service: ‘Rathna Softnet SMS Service is a Service for sending or receiving SMS, using the internet, between Computers and mobile phones on GSM or CDMA networks on supported networks.

Quality of Service: The Service uses infrastructure that has back-up and fail-over mechanism in-built. Rathna Softnet Servers are connected to various Mobile operators. For carrying SMS traffic, Rathna Softnet may use any Indian or global SMS-C (SMS Centre) depending upon the availability of service. The Company may temporarily suspend whole or part of the Service at any time without notice, if the network fails or requires modification or maintenance.

Confidentiality: Rathna Softnet will take reasonable precaution to ensure that the contents (including sender id, SMS content, and recipient number) of the SMS are not divulged to anyone. However, to comply with any legal requirements the contents may be used without any prior notice.

Technical Support: Rathna Softnet would provide technical support as per the Support Type bought by the Customer as mentioned in the Rathna Softnet Service Agreement. The Email, IM and Phone contact details for the purpose of support are and +91 4652 228144.

Unsolicited Messages or Spam: Customer acknowledges that Rathna Softnet has no control on the contents of the SMS sent by the Customer. Rathna Softnet shall forward all SMS in the same form as received by it from the Customer. The Customer takes complete responsibility for all contents of all SMS sent and shall not send any unlawful or unsolicited SMS contents. Rathna Softnet reserves the right to stop the Service, with no refund for the unused SMS, if there is any report of any spam or unsolicited message.

Service Expiry: The Service shall expire automatically at the end the agreement date or expiry of the SMS credits allocated whichever is earlier.

Validity: The validity construction and performances of terms and conditions herein shall be governed by and interpreted in accordance with the laws of India and the Company and the Customer agree to submit to the exclusive jurisdiction of the Delhi courts.

Sale or Transfer: No right to transfer/sale of this Service shall vest in the Customer by reason of subscribing to this Service.

Rights and liabilities of the Company: The Company shall not be liable for any act of commission or omission of any third party/supplier/agency/company offering any privilege or benefits to Customer without express permission or authority of the Company. The Company will not be liable to the Customer for any loss of business, profit, revenue or goodwill, anticipated savings, use or contracts or for any indirect or consequential loss however it arises. The Company will not be liable for any delayed activation of the Service. The liability of the Company for any direct or indirect loss etc. under any circumstance shall be limited to the amount of unused SMS.

Tariff/Charges /Calculation of SMS transactions: The Company reserves the right to change the price/tariff of the Service without any prior notice to the Customer. All SMS sent using any Rathna Softnet product or service with a valid username and password would count towards the number of SMS to be charged, independent of the number of SMS successfully delivered to mobile phones.

Interest Penalty and Denial of Service: All due payments must be made by the Customer to Rathna Softnet within agreed duration. If the Customer does not pay the applicable dues as per the invoices raised by Rathna Softnet, it will be liable for paying an interest at the rate of 2% per month on the amounts outstanding. If the Customer disputes any part of an invoice, it must pay the amount not in dispute by the due date. Rathna Softnet also reserves the right to withhold services (including for the avoidance of doubt, denying the Customer access to Rathna Softnet servers) while there are any outstanding fees and interest or the Customer is in breach of this Agreement.

Legal Compliance: The Customer must comply with all relevant laws and regulations in the conduct of its business while using the Service.

Early Termination of the Agreement: The Customer may terminate this Agreement at the end date stated in it, or at the end of any extension or renewal period, by giving at least three months notice to Rathna Softnet. However, in the even of termination by the Customer, the Customer will be liable to pay the Minimum Monthly Payment as mentioned in this Agreement for the balance period between the date of termination and End Date over the Agreement.





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