Terms of use and conditions
- Basic provisions.
By accepting and confirming the offer for renting and / or hosting the SMPP platform Gatum by Sempico Solutions, the CLIENT agrees to the terms of its use, which are set out in the section “Terms of use for the Gatum by Sempico Solutions service” described below. These terms apply to this website, as well as any E-mail ID, or other methods of communication between the CLIENT and Gatum.
1.1. Gatum’s SMPP platform is designed for bulk sending A2P, P2P, OTT, OTP and promotional SMS messages, as well as HLR and MNP requests to the infrastructure of telecom operators and other telecom providers.
1.2. Sempico Solutions (PROVIDER) authorizes the provision and use of the Gatum service to CLIENTS who are interested in this service, passed data verification and conducted a transaction as an invoice payment for using the service for the reporting period according to the selected service package on the website https://gatum.io/pricing/.
1.3. The PROVIDER undertakes to provide uninterrupted service of the SMPP platform if the client additionally uses server hosting to install the SMPP platform, which is operated by the PROVIDER. If the hosting of the server is operated by the CLIENT for operation, then the SUPPLIER is only indirectly responsible for the uninterrupted operation of the service and is only responsible for the technical serviceability of the SMPP platform.
1.4. The PROVIDER has the right to change the cost of services from time to time in accordance with market trends.
1.5. The PROVIDER has the right to suspend the provision of the Gatum service at any time, having previously notified the CLIENT in writing 7 working days in advance.
1.6. The PROVIDER has the right to update the SMPP platform by agreeing this action with the CLIENT in advance, choosing a convenient time for this.
1.7. The PROVIDER provides services to the CLIENT on non-exclusive terms.
1.8. The CLIENT undertakes to pay for the services of the Gatum service on time.
1.9. CLIENT will use reasonable efforts to ensure that neither he nor his clients use the services for any improper or illegal purpose, and does not allow others to do so.
- Payment for the service.
2.1. All amounts payable to PROVIDER under this Agreement shall be made without any deduction or counterclaims and, except as provided by any law or regulation, without any deduction or deduction for any tax, duty or other levies of any nature imposed by any tax or government authority.
2.2. All commissions that banks may charge when transferring funds from the CLIENT to the PROVIDER shall be borne by the CLIENT.
2.3. In the event that the SUPPLIER received an incomplete payment from the CLIENT, then it is considered that the package of services is not paid in full and cannot be provided to the client for use until the CLIENT makes 100% (one hundred) payment required by the PROVIDER.
2.4. If the PROVIDER has not received the expected payment from the CLIENT, according to the selected service package, the PROVIDER has the right to suspend the provision of services until the CLIENT fully pays for the service. Services are considered paid only after funds are received on the PROVIDER’s bank account balance.
2.5. The Gatum service has a support service, the services of which are paid additionally and cost 100 (one hundred) EURO per billing period.
2.6. Settlement currency is EURO, billing period – 1 (one) calendar month from the date of receipt of funds on the SUPPLIER’s bank account balance. The billing period is based on the GMT + 0 time zone.
2.7. In case if VAT is applied, it will be added to invoices at the appropriate rate.
- Refund policy.
Each new CLIENT has a 7-day trial period which is free of charge. After the test period has ended and the CLIENT is ready to use the service for commercial purposes, he pays for the further use of the service. Once the CLIENT has started using the service, the PROVIDER does not make any refunds if the service is provided properly and without interruption.
- Limitation of Liability.
3.1. The PROVIDER shall not be liable for any loss or damage incurred by the CLIENT or its end users arising under this Agreement or related to it due to any failure, interruption or deterioration of the Service, whatever its reasons or duration. Under no circumstances, the PROVIDER’s liability for the amount of financial resources for the service may not exceed the Monthly Service Fee corresponding to the month in which the service failure occurred.
- Force majeure circumstances.
Failure by any of the Parties to comply with the terms and conditions of this Agreement, with the exception of payment obligations, should not lead to any claims against such Party or be considered a violation of this Agreement if such failure or omission arises from fires, earthquakes or other natural phenomena, natural disasters, wars, uprisings, riots, terrorism, acts or omissions of any government agency or for any other reason beyond the reasonable control of that Party. The Party affected by force majeure must notify the other Party in writing within 30 (thirty) days after the occurrence of such an event. If force majeure disrupts the operation of the Service or interferes with it, the PROVIDER will try to restore the Service as soon as possible.
- Disclaimer.
Failure by either of the Parties to insist on strict adherence to any term of this Agreement in any case will not be considered a waiver of any rights provided for in this Agreement, and does not deprive that party of the right to insist on strict adherence to this Agreement.
