Dear Valued Customer,
As you may already be aware, the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications(DOT) have released a new regulation which states that all promotional messages submitted will be charged an extra termination charge @ 5ps + taxes effective 1800 hrs IST 25th October 2011.
To comply with the new regulation, we are left with not many options but to pass on the same to our valuable customers. Therefore we are introducing a new CREDIT SYSTEM in our panel named Termination Credits, the cost of which would be 5 ps+ taxes per credit. The existing credits can be used only if you have adequate Termination credits in your account. You will also have the privilege to transfer the existing credits to Termination credits by matching the applicable rates by deducting credits equivalent to 5 ps + tax from your existing credit. If this sounds a bit confusing for you, please get in touch with your account managers who will be more than happy to guide you through the entire process.
As you might be aware by now, Telecom
Regulatory Authority of India (TRAI) has issued a new regulation which after
multiple delays and updates, is due to go into effect on September 27, 2011.
These regulations are designed to put an end to unsolicited commercial communications
(UCC) to subscribers of National Do Not Call (NDNC) register, now enhanced and
renamed as National Customer Preference Register (NCPR). Although the
regulation is aimed to significantly curb UCC, it brings a positive change to
the industry by allowing full access to the NCPR/DND database to registered
telemarketers and easy registration/deregistration process etc. Having said
that, I would like to bring your attention to a few things which will change
the way we have been doing business until now.
Bulk Messaging has been divided into two categories, namely Transactional and Promotional.
Definition of Transactional Messages
Information pertaining to the account of its customer sent to the customer by a licensee or Bank or financial institution or insurance company or credit card company or depositories registered with Securities and Exchange Board of India or Direct to Home Operators.
Information given by Airlines or Indian Railways or its authorized agencies to its passengers regarding travel schedules, ticket booking and reservation.
Information from a registered educational institution to its students or their parents or guardians. Any message transmitted by or on the directions of the Central Government or State Government, TRAI or any agency authorized by TRAI, or on the directions of bodies established under the Constitution.
Only messages with the above nature will qualify as transactional message.
Definition of Promotional Messages
Messages which do not qualify as transactional messages are Promotional, until TRAI appends the existing Transactional List with further categories.
Promotional Messages will be DND Scrubbed i.e. messages will not terminate on DND numbers except for NCPR (based on customers preference) Transactional Messages will NOT be DND Scrubbed i.e. messages will be terminated on DND numbers.
Promotional Messages will be delivered
from 09:00 hrs to 21:00 hrs only.
Transactional Messages will be delivered 24 x 7.
Promotional Messages will have Unique sender IDs based on the categories as listed in NCPR. Categories are as follows:
Promotional Sender IDs will be in the
format of XY-1ZZZZZ where XY stands for Operator Code with Area Code, eg. TD,
BL, LM etc; 1 stands for the category as listed in NCPR; and ZZZZZ stands for
the 6 digit code provided to the telemarketer by the Access Provider. No other
types of sender IDs will be used including dynamic sender ID, Numeric Sender ID
etc. Our customers will be privileged to use the multiple sender IDs that has
been allotted to Us by different operators.
Transactional Sender IDs will be in the format of XY-ABCDE where XY Stands for the operator code with area code and ABCDE stands for a 6 digit Alpha-Numerical code as desired by the customer.
Violation of the above regulation will
attract incrementing penalties starting from Rs. 25,000 to Rs. 2,50,000 and
blacklisting for a period of 2 years thereafter. The above regulations are
welcomed by Us and it gives us immense pleasure to let you all know that we are
all geared up to go ahead with the regulations as all the required amendments
have been made at our end and we have successfully tested the same. Customers
will be given the privilege of selecting the category at their end and
initially a verification will be made at our end to ensure that the same falls
in the right category. For the time being, considering the huge risk that
revolves around terminating messages to DND/NCPR, we have opted to completely
avoid sending messages to DND regardless of the NCPR. Transactional messages,
however, will be terminated on DND numbers. Real time DND scrubbing will be
done at our end and real care will be taken regarding the time window, which
means peace of mind for our customers. Our feature rich - future ready panel
will continue providing the best service in the industry, with complete
adherence to the present regulation and/or any future regulations to come.
Please get in touch with your account manager or our Support team for further clarifications that you might need regarding this. Thanking you once again for your esteemed patronage with Us.
is a legally valid agreement that lays out the terms and conditions for the use
of all services which comes underwww.smsindiahub.in Servic
You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM www.smsindiahub.in.
∑ Any one who are using internet can be sign up at www.smsindiahub.in and can get 01 SMS Free for testing purpose these sms he/she can send on non DND numbers only.
To Use Our Services
you need to fill CSF document(Customer Sign-up Form) or NDNC Undertaking
without this form you will not be considered SMSINDIAHUB custome
∑ All the payment you have to pay in the current bank accounts.
∑ Payment Via credit/Debit card and Net-banking has to confirmed by the customer via filling payment confirmation form or on the email. If you are using Credit/ Debit card to make the payment then we need the same email ID and Phone Number which is registered with your credit or debit card to avoid fraud. In-case any compliance or fraud related mail comes from payment gateway SMSINDIAHUB will block your services with immediate effects and we will live your service after the written confirmation of payment clearance from the payment gateway.
∑ In-case of any fraud SMS INDIA HUB May file the Police complaint and Court Case against that user/reseller in Bhopal Ė Madhya Pradesh
∑ SMS INDIA HUB is not responsible for any data lose like Groups Database which you created, Import Contacts, Files like csv, xls, XLSX, txt and any SMS Delivery report hence please keep backup with you.
∑ Any illegal use of the SMS service is strictly prohibited, if found SMSINDIAHUB will take the legal action against you.
∑ Messages containing any Govt Organization Name, Office Address, Email Address, and Phone Or Mobile numbers like (Police, CID, Income Tax, Sale Tax, Ministry, Army, Navy or any name which is driven by Indian Government or comes under Indian Government) are not allowed without the permission of respected Govt Organization.
∑ Lottery sms completely not allowed if pushed then legal action will be taken.
∑ Messages containing sexual, racist, and discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM www.smsindiahub.in does not assume any liability for the content of messages sent.
∑ TEAM www.smsindiahub.in will be exempt from any claim that may arise from third parties as a result of message content.
∑ You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).
∑ You accept that the service is provided for professional use only and you agree not to use it to:
∑ Promote alcohol, music, dancing, dating, gambling or deception.
∑ Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
∑ Harvest, or otherwise collect information about others, without their consent.
∑ Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
∑ Transmit, associate or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
∑ Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
∑ Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
∑ Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
∑ Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
∑ Interfere with others use and enjoyment of the service.
Engage in any other
activity that Team www.smsindiahub.in believ
∑ We are not responsible for our Resellerís customerís support if you are buying services from our resellerís you have to contact with them.
∑ We are not providing any support on phone we are providing support only on emails from 09:30 AM to 6:00 PM (Sat/Sun Off ) Minimum time of response 01 Min To 48 Hrs.
∑ Services will be activated after the receiving of the full payment.
∑ Before making any payment (Online/Offline) to SMSINDIAHUB please discuss once with customer support team or with Sales Team to avoid any confusion related to service because refund is not possible and we do not have any refund policy.
∑ If SMS INDIA HUB activated any customerís services without payment and that payment not been paid by the customer as per the given timeline then those services can be blocked at any time without notification and can be restored after the complete payment of the invoice.
∑ We are buying services from the Operatorís and if operators services are not up then SMSINDIAHUB will not be responsible for any delay in services.
∑ Any Reseller cannot use SMSINDIAHUB name to sell and buy SMS. if they are using our name its crime and SMSINDIAHUB may take necessary legal action.
You acknowledge that
TEAM www.smsindiahub.in delive
∑ 100% SMS Delivery Report and Delivery of SMS are Not guaranteed.
∑ Complete system of sms is running on technology hence there might be the chances of error, like error in delivery report, issue in delivery these kind of all error and issues will be fixed by manually.
∑ You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.
TEAM www.smsindiahub.in neithe
TEAM www.smsindiahub.in doesní
TEAM www.smsindiahub.in reserv
∑ The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.
You under take the
whole responsibilities regarding the messages sending
through www.smsindiahub.in ser
∑ You shall indemnify and reimburse TEAM www.smsindiahub.in all liabilities, costs, losses and damages, in case of any claim brought against TEAM www.smsindiahub.in from any third party due to breach of contract.
∑ Promotional SMS Cannot be delivered on DND Number
∑ We are providing only Template based Transaction SMS with the proper legal documents.
∑ Note: Please read our terms and conditions carefully and then opt our services if any person, user or re-seller will defame the SMS INDIA HUB name after using the services either online or offline SMS INDIA HUB may take legal action against that person, user or re-seller.
∑ Note:If any Missed Call, IVR and Toll Free number is not working properly then we will change the number to resolve the issue.
∑ We are not responsible for any printing and advertising cost if missed call, ivr and toll free number is getting changed due to the issue.
Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
Furthermore, delivery reports and the originator are operator dependent features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.
You acknowledge that as we send and receive text-messages via major telecommunications companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
SMS that cannot be delivered within the life span allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Team www.smsindiahub.in .Furthermore, you agree that message contents are deemed to have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of communication methods.
Furthermore, use of the service and the Internet is at its own risk and that the service is provided Ďas isí and Ďas availableí, without any warranties or conditions whatsoever, expressed or implied. We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees
Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contentor services contained therein will be uninterrupted or error-free.
Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team www.smsindiahub.in and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.
Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.
If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account
Our terms and conditions are subject to change according to TRAI rules and regulations and as per our internal policy.
Note: We are not liable to send any update via email and SMS about terms and condition so please read terms and condition time to time and be updated.
These Services are
operated and provided by:-
Team Legal Ė India