The following additional terms and conditions (“Terms of Service”) apply to the Services to be delivered by Notify.lk, a product by Ceylon Systems to the customer ordering the Services or identified in the Service Order (“Customer” or “you”).
DEFINED TERMS The following words, when capitalized, have the meaning stated:
- “Service” means the SMS Gateway Service offered by Notify.LK.
- “Receiving Party/Receiver” means any individual/company that receives or is meant to receive an SMS message sent by the Organization.
- “Customer/You” means a Customer of the Organization who subscribes for the said Services provided hereunder.
- “We/Us” means Notify.lk or its owned company Ceylon Systems.
- “SMS” shall mean Short Message Service/s
- “Sender ID” shall mean identification of the message in text but numbers.
- “API” means Application Program Interface.
1 DURATION OF AGREEMENT AND TERMINATION
1.1 This Agreement shall commence and be in force and effect from the date of subscription until such time the Service is discontinued by both parties.
1.2 Either Party may terminate this agreement with one (01) month written notice.
1.3 Notwithstanding Clause 1.2 above, we reserve the right to terminate this agreement at any time without assigning any reason whatsoever for such termination.
1.4 Pursuant to Clause 1.2 above, termination of the Service shall not absolve the Customer from their obligations to pay any outstanding amount to Notify.lk.
2 RIGHTS AND OBLIGATIONS
2.1 The Customer shall not utilize the Service for the transmission of any unethical, obscene, illegal, defamatory, scandalous or political material or any other material of such nature.
2.2 The Customer shall not use the service to spam/scam or anything which affects badly for the recipient. Any negative reporting, feedback will affect permanent account ban without any refunds.
2.3 The Customer shall not at any time utilize the Service for the transmission of any material/information regarding any competitor of Notify.lk or any material/information which has a conflict of interest with Notify.lk.
2.4 The Customer shall ensure that the confidentiality of the username and password of the account is maintained throughout the term of the subscription.
2.5 Pursuant to Clause 2.4, the Customer shall assume full responsibility for changing the original password assigned to it by yourself upon creation of the account.
2.6 The Customer should request desired Sender ID and should be approved by Us before available to use, text only (no numbers). Only to be used in a professional manner. Notify.lk reserves all rights to reject or ask for any existing proof for a new Sender ID request.
2.7 The Customer shall not resell the entire Service to any third party and shall ensure that the Service is used solely for its own business purposes.
2.8 Notify.lk shall only backup data to the extent stated on a Service Order. It is your responsibility to ensure the integrity and security of your Data and to regularly backup and validate the integrity of backups.
2.9 Notify.lk may suspend the Services without liability if: (i) Notify.lk reasonably believes that the Services are being used in violation of the Agreement; (ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) Notify.lk is required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which Notify.lk reasonably believes that the suspension of the Services is necessary to protect the Notify.lk network or our other customers.
3 CREDITS AND LIMITATIONS
3.1 Notify.lk will provide the Services in accordance with the Agreement and all laws applicable to Notify.lk. Notify.lk’s obligation to provide Services is contingent on verification that you at all times satisfy Notify.lk’s credit approval criteria. Notify.lk shall have no obligation to provide Services for Customer Configurations which do not meet the Notify.lk Configuration Requirements. Notify.lk will provide support only to those individuals designated in your customer portal and is not required to provide any support directly to your end users.
3.2 You are not entitled to a credit if you are in breach of the terms governing your use of the Services until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of these Terms of Service. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control. Credits that would be available will not be carried forward to future billing periods.
4 PRICING / FEES
4.1 Fees are due within seven days from the invoice date. If your undisputed payment is three days or more late, we may suspend the Service and any other services you receive from Notify.lk. Suspended accounts cannot be restored or refunded. Any remaining balance in the account may be cleared while the system processes account suspension.
4.2 Notify.lk doesn’t offer any refund and any balance in the account can only be used to send SMS.
4.3 When changing plans, current account balance will took forward but the cost per SMS will be according to your new plan’s price.
5.1 Notify.lk makes no commitment to provide any services other than the Services stated in the Service Order.
5.2 We are not responsible to you or any third party for unauthorized access to your data or for unauthorized use of the Services that is not solely in Section 2 (Rights and Obligations).
5.3 Notify.lk reserves the right to increase/decrease prices of any packages at any time according to tax changes or for any other reason even without a prior notice.
5.4 Notify.lk reserves the right to add, change or remove any line in the agreement over the time with or without a prior notice.
Last revised 12/15/2017