HovaSMS Terms of Service
Introduction
PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH HOVASMS.COM OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF HOVASMS.COM SERVICE (THE "SMS SERVICE")
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE HOVASMS.COM WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. HOVASMS.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Definitions
- User, You, Your, shall refer to the party using the Products and/or Services and/or Software as provided by HovaSMS.com.
- Service shall mean the activity and obligation of to provide the services and/or deliverables.
- Account shall mean the User’s platform for interacting with HovaSMS.com Services
- Unless inconsistent with the context, or otherwise indicated, in this agreement reference to a "person" shall include a juristic or artificial person, including without limitation, a firm, company voluntary association, or partnership.
- In this agreement, unless inconsistent with the context, or otherwise indicated, the singular shall include the plural, and the plural shall include the singular.
- In this agreement, unless inconsistent with the context, or otherwise indicated, reference to the male form shall include the female form as well, and vice-versa.
Entire Agreement
This Agreement and all other agreements and annexures referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
Relaxation
No latitude, extension of time or other indulgence which may be given or allowed by any party to the other parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this agreement, and no single or partial exercise of any right by any party under this agreement, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a negation of or otherwise affect any of the party's rights in terms of or arising from this agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
Effective Date
The effective date is the date when the User first downloaded or started using the HovaSMS.com Service.
This agreement, notwithstanding the date of acceptance or signature, will be deemed to have commenced on the effective date.
Duration
The duration of this agreement shall continue indefinitely, unless terminated by either party.
Improper Use
The User will not nor will the User authorize or permit any other person or party to use the Service.
To send or knowingly receive or conduct any communication which is in violation of any law, regulation, regulatory authority or which is defamatory, offensive, abusive, indecent, obscene or menacing, or in breach of confidentiality, privacy, trade secrets, or in breach of any third party intellectual property rights, or in breach of any other rights.
To cause any annoyance or inconvenience.
To defraud or attempt to defraud.
HovaSMS.com shall be entitled to suspend and/ or terminate the Services to the User in the event of, HovaSMS.com or third party network being or is potentially jeopardised, harmed and/ or impeded, by the User's use of the Services.
The User acknowledges and agrees that HovaSMS.com may monitor the communication performance of the system associated with the use of the services.
The User shall indemnify and keep HovaSMS.com indemnified from any claim howsoever arising lawful or otherwise, brought by any third party resulting from the User's use of the HovaSMS.com system and/or communication networks connected to the system. The User will pay all costs, damages, awards, fees (legal fees on an attorney and own User scale whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction of such judgment) and judgments finally awarded against HovaSMS.com arising from such claims, and will provide HovaSMS.com with notice of such claims, full authority to defend, compromise or settle such claims and all reasonable assistance necessary to defend such claims, at the User's sole expense. HovaSMS.com agrees that any actions taken by HovaSMS.com in respect of such claims will be taken in reasonable consultation with the User.
The User may use the system to link into other networks and the User agrees to conform to the acceptable use policies of such networks. If communications by the User do not conform to these standards, or if the User makes profligate use of the system and/or the Service to the detriment of HovaSMS.com or other HovaSMS.com customers, HovaSMS.com reserves the right to restrict the passage of the User communications until the User negotiates with HovaSMS.com an acceptable undertaking as to its use.
Warranties
Save as expressly set out in this agreement, HovaSMS.com does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the System and all warranties which are implied or residual at common law are hereby expressly excluded.
Without limitation to the generality of clause HovaSMS.com does not warrant or guarantee that the information transmitted by or available to the User by the way of the system or any HovaSMS.com Equipment.
Will be preserved or sustained in its entirety
Wll be suitable for any purposes
Will be free of inaccuracies, defects, bugs or viruses of any kind; and HovaSMS.com assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause 7.1, and 7.2 above.
Exclusion of Liability
Except for any deliberate act or gross negligence on the part of HovaSMS.com, its associates, servants or agents, and except as otherwise expressly provided herein to the contrary, HovaSMS.com shall not be liable to the User or any third party for any loss or damage of whatsoever nature and/or arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue or anticipated savings) or for any costs, claims or demands of any nature whether asserted against HovaSMS.com or against the User by any party arising directly or indirectly out of the System or Services, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be, by or from their use and the User hereby indemnifies and holds HovaSMS.com harmless in respect thereof, such indemnity specifically includes, but is not limited to:
The incorrectness and/or loss of any service delivered or undelivered by the HovaSMS.com System or the delay in delivery thereof;
The non-availability of the System or access to the System for any reason whatsoever;
HovaSMS.com, its affiliated companies, suppliers, or any of their employees assumes no liability or responsibility for the accuracy, timeliness or completeness of any services offered by the User. The User accordingly indemnifies HovaSMS.com and holds it harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the services.
Due to the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended by HovaSMS.com from time to time, with the giving of at least, 24 (twenty four) hours' notice, and all liability on the part of HovaSMS.com for any loss or damage whether directly or consequential thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded and the provision of clause 8.1 above shall apply mutatis mutandis to such exclusion.
Take-down Notice
HovaSMS.com have the right to suspend and / or terminate Services to the User, should any notification be received of unlawful activity by the User, in respect of the services, pursuant to the provisions of the law of the applicable country and standard organization(s).
The User hereby indemnifies and holds HovaSMS.com harmless against any claims, damages and/ or costs of whatsoever nature arising from the performance by HovaSMS.com of its responsibilities in terms of provisions of the law of the applicable country and standard organization(s).
Breach
HovaSMS.com shall be entitled, but not obligated to suspend and/ or terminate this agreement without giving notice to the User in of the following circumstances:
In the event of the User failing to comply with any of the terms and conditions of this agreement, all of which are deemed to be material and it shall be irrelevant whether the User is aware of the content of any material so transmitted;
Refund Policy
HovaSMS.com shall only refund the Purchaser the purchase price in the event that:
The HovaSMS.com proprietary business system fails to make available for delivery or deliver the SMS purchased by the Purchaser within 14 (fourteen) days of HovaSMS.com having been given written notice by the Purchaser of such or any HovaSMS.com proprietary business system failure in accordance with the Terms and Conditions of Sale accepted by the Purchaser upon purchasing SMS.
The HovaSMS.com proprietary business system fail to credit the Purchaser SMS account with the number of SMS purchased in the proprietary HovaSMS.com business system within 14 (fourteen) days of HovaSMS.com having been given written notice by the Purchaser of such or any HovaSMS.com proprietary business system failure in accordance with the Terms and Conditions of Sale accepted by the Purchaser upon purchasing SMS.
Failure of cellular networks, satellites and satellite functions and cellular network servers, systems or apparatus ("the cellular networks") outside the management and control of HovaSMS.com, causing SMS delivered by HovaSMS.com to the cellular networks against possession by HovaSMS.com of proof of such delivery, to be lost and not delivered to the Purchaser intended SMS recipient SHALL NOT constitute a ground for refund by HovaSMS.com to the Purchaser. In such event HovaSMS.com shall assist the Purchaser in any claim that he, she or it may have as a result of the cellular networks receiving but not delivering such SMS.
In the event that HovaSMS.com refunds a Purchaser, HovaSMS.com shall only refund the Purchaser to the equivalent in Naira of the SMS in credit in the Purchaser SMS account or alternatively the amount Purchased, depending on case.
In applicable circumstances, to be determined by HovaSMS.com, administrative cost for such refund shall be deducted.
Advertisements And Links To Other Sites
HovaSMS.com does not endorse the content on any third-party Web sites.
HovaSMS.com is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement.
You are bound by all HovaSMS.com "Terms of Service" by your use of this service.