Terms and Conditions
I. Contracting Parties
This Contract is concluded between the Customer and the Service Provider in accordance with the distance contract regulations by the Customer expressing its intent to contract, that is, by accepting the contract terms and conditions upon registration on the SeeMe.hu website.
The Customer’s data shall be supplied upon registration. In connection with the service, only the person specified upon registration shall be entitled to make declarations on behalf of the Customer.
Service Provider’s data:
|Name of the service:||SeeMe|
|Legal entity:||Dream Interactive Kft.|
|Registered office:||1027 Budapest, Medve utca 24.|
|Company registration number:||01-09-694287|
|Bank account number:||10300002-10457013-49020035|
II. Description of the service
On the basis of this Contract, the Service Provider undertakes to forward short text messages (hereinafter: “SMS”) entered by the Customer in the manner specified in Section II. b) over domestic and foreign mobile telephone networks and to receive SMS to dedicated and prefix based leased line numbers (hereinafter: “services”).
The Customer can send and receive SMS via the interface made available by the Service Provider through the web or HTTP gateway (IP connection). For tariffs applicable to the lease of dedicated or prefixed based numbers and to SMS sending see seememobile.com/pricing/
a) Terms and conditions of use of the service
The condition of use of the SMS forwarding and receiving interface is for the Customer to log in into the network operated by the Service Provider using the e-mail address and password provided upon registration.
The services shall be available 24x7, except during regular maintenance periods of which the Service Provider shall notify the Customer by e-mail at least 2 days in advance.
The Customer understands that as the interfaces are to be accessed over the open Internet, the service will be unavailable when the open Internet is down between the Customer and Service Provider, therefore, the Service Provider cannot undertake liability for the inaccessibility of these sections. The Service Provider undertakes to provide access via high availability service at its side.
b) Sending and receiving messages
After login the Customer can use the interface to enter the text to be sent, specify the recipients (subscriber identifiers, phone numbers), and select an active SMS sender. The networks of certain mobile service providers do not support the receipt of SMS messages from individual SMS senders, therefore, SMS messages sent into these networks are to be forwarded in the interest of successful delivery from a number allocated by SeeMe to the given service provider. For the details see: seeme.hu/tudastar/reszletek/szolgaltatofuggo-sms-feladok
When specifying the SMS sender, the Customer must take into account the principles laid down in the National Table of Identifier Allocations for electronic communications networks (at present Decree No. 3/2011. /IX. 26./ of the National Media and Infocommunications Authority on the national allocation plan of electronic communications network identifiers). The Customer may only specify authenticated phone numbers, that is, phone numbers for the use of which it is entitled to. At the Service Provider’s request, the Customer shall prove its right to use the specific SMS sender. The Service Provider shall be entitled to reject the use of the given SMS sender if the requested certificate is refused to be provided, or if there is any indication of misuse of the SMS sender.
In order to prevent the misuse of SMS senders, the Service Provider shall have the right to use phone number filter lists, containing subscriber SMS senders that can be used for misuse, according to which the given SMS sender may not be used for sending text messages. At the Customer’s request, the Service Provider shall inform the Customer of the current filter lists and if the Customer provides evidence that it is entitled to use a phone number on the filter list, the Service Provider shall allow the Customer to use the given phone number as long as such right of use exists.
In spite of the control by the Service Provider of such lists, the Customer shall have full liability for any unlawful use of the SMS sender. If the SMS sender of the message to be sent does not meet the conditions specified in the contract, the Service Provider shall have the right to refuse to send the message.
The Customer acknowledges that it shall have full liability for the contents of the SMS messages and that the data of the sent text messages will become known to the SMS recipient. The Customer undertakes to send messages only to persons who have documentedly given their consent thereto. The Customer undertakes not to send any messages in connection with this contract to any person who has not granted his consent to the receipt of such messages. Accordingly, the Customer shall not use the service for sending spam messages; if the Service Provider becomes aware that the service is used for spamming, it shall have to right to terminate the Contract with extraordinary notice.
The length of SMS messages is limited. A maximum of 3 SMS can be used for a message. The concatenation of such SMS uses an additional character, thus the maximum number of characters that can be used in GMS and Unicode encoding is as follows:
In the case of sending messages in proportion to the market shares of the service providers, the Service Provider shall guarantee the Customer a minimum capacity of 20 SMS/sec with respect to forwarding into the service providers’ networks. Should the sending differ from the market shares of the service providers, the Service Provider will not be able to guarantee but will make all efforts to be able to maintain this speed in that case, too.
Under no circumstances will the Service Provider undertake any liability for the content of the messages sent by the Customer; to avoid legal disputes, the Service Provider will pass on any liability to the Customer relating to the content of the messages.
c) The Parties’ general obligations
The Parties undertake to keep strictly confidential and handle as a business secret all information obtained by them in connection with this Contract and its performance. All facts, information, solutions, and data relating to economic activities shall be regarded as a business secret, the disclosure or acquisition and use by unauthorised persons of which could violate or jeopardise the authorised party’s lawful financial, economic, or market interests.
The Service Provider shall not undertake any liability for the software on the Customer’s website, except if it has been developed by the Service Provider. For this reason, the Service Provider cannot undertake any financial liability for the unintentional sending of an SMS message as a result of the faulty operation of a software developed by a party other than the Service Provider.
The Customer shall have full liability for any damage arising as a result of its non-compliance with the obligations undertaken in the General Contractual Conditions. The Customer undertakes to use the bulk SMS sending service under its own name and at its own risk, that is, it shall not allow the use of the service to any third party. The Customer shall have full liability for any unlawful use of the service (including, but not limited to, the violation of personality rights, actions violating the provisions of the Criminal Code, etc.).
The Service Provider shall ensure an average of at least 98% availability for the Customer. The availability guaranteed by the Service Provider shall also include the maintenance time notified in accordance with these Generacl Contractual Conditions.
The sending of SMS messages to customers temporarily out of the domestic service area (to customers staying abroad) shall qualify as roaming. SMS delivery to such phone numbers shall depend on the agreements in place between the service providers and their roaming partners, thus SeeMe cannot guarantee 100% delivery of all such messages for reasons out of its control.
f) Data storage
The Customer expressly acknowledges, and grants its consents to, the logging by the Service Provider’s system of the data (IP address, date and time of sending and delivery, host, etc.) of the text messages sent by the Users and of the traffic statistics.
The Service Provider shall store sent and delivered messages for 3 months. The traffic statistics will be available within the system for an unlimited period of time.
III. Service tariffs
For the applicable rates in effect, to be used as a basis of billing, see seememobile.com/pricing/. The prices have been determined uniformly, irrespective of the interface used.
Invoices will be issued depending on the type of payment – either upon refilling (payment in advance), or monthly (subsequent settlement). Each period shall start at 00:00:00 on the first day of the month and end at 23:59:59 on the last day of the month. Invoices issued by the Service Provider shall be paid within 8 days.
In accordance with the general practice, default interest will be charged on overdue payments at a rate of one 365th of double the base rate in effect at the time of charging for each calendar day.
Taking into account the current technical conditions of mobile networks, the Service Provider does not always receive a confirmation of the delivery of an SMS message. The Service Provider shall charge for the SMS messages when received from the Customer for forwarding.
IV. Payment and refund policy
The SeeMe website allows users to recharge via PayPal, and by bank card, bank transfer, or in cash.
Balances uploaded by customers will not lapse and may be used for payment for any service provided by SeeMe, but uploaded balances cannot be refunded due to the related banking costs and for accounting reasons. The initiation of any service subject to payment is final, but if the provision of the service fails – clearly due to a reason attributable to the Service Provider in accordance with the General Contractual Conditions – then the Customer shall be entitled to a credit, money refund. In the case of the unintentional ordering of a service, no refund will be made.
V. Limitation (suspension) of service
The Service Provider shall be entitled to suspend the provision of the service in the case of payments overdue for more than 30 days. If on the basis of the contract, the Service Provider provides the service against prepayment, the Service Provider shall have the right to suspend the service promptly, without prior notice to the Customer, if the Customer’s account balance becomes negative as a result of the deduction of the amount payable for the SMS messages sent.
The Service Provider shall have the right to suspend the service for maintenance purposes for a maximum of six (6) hours if the service is down for reasons out of the Service Provider’s control. The suspension of the service for maintenance purposes shall not affect the continuity of the legal relationship.
VI. Modification of the Contract
The Service Provider shall be entitled to unilaterally modify the provisions of these General Contractual Conditions. In the case the General Contractual Conditions are modified, the date of entering into force will also be indicated and the modifications shall take effect on the day of announcement. We recommend for you to regularly check the General Contractual Conditions.
In view of the fact that the conditions of forwarding the SMS messages depend on the contracts in place between the Service Provider and other telecommunication service providers, the Service Provider reserves the right to unilaterally modify the service fees. Accordingly, the Service Provider shall have the right to unilaterally modify the tariffs in force upon the acceptance of the contractual conditions subject to prior notification of the subscribers in accordance with the laws in effect. The Service Provider shall notify the Customer of the new rates prior to their entering into force. The rates for SMS messages sent into the Hungarian networks may be modifialy monthly, while rates payable for SMS messages into international networks may be modified by the Service Provider once a day.
VII. Data protection
The Service Provider shall handle the Customer’s personal data in accordance with the provisions of Act CXII of 2011 on Informational Self-Determination and Freedom of Information. The Service Provider shall keep confidential all data, communications, and information, written or oral, regardless of their form, that have been obtained by it in the course of service provision.
Depending on the use of the service, SeeMe may obtain your personal data in several ways, however, data collected about the customers may only serve for statistical and contact purposes. We do not store confidential personal data or bank card numbers that could provide opportunity for misuse. SeeMe shall handle the stored data confidentially, and it shall not sell or disclose such data to any third party.
The Service Provider and its staff members may obtain information about the forwarded SMS messages and data only to the extent necessary for contractual performance. In the case the Service Provider obtains any communication or personal data in the course of contractual performance, the Service Provider shall not allow any third party to access such communication and data. This provision shall not apply to entities authorised to secretly collect information, or to courts and other authories having competence.
The employees, members, and agents of the Service Provider shall be subject to data protection and confidentiality obligations to the same extent as the Service Provider.
The Service Provider shall ensure the technical safety of the handling of the Customer’s personal data and to prevent with technical measures the access of unauthorised parties to such personal data. If it can be proven that unauthorised parties had access to the Customer’s data due to a reason attributable to the Service Provider, the Service Provider shall be liable to the payment of damages.
VIII. Service interruption, termination of the Contract
Jelen megállapodást bármelyik fél 30 napos felmondási idővel rendes felmondással bármikor megszüntetheti.
A Megrendelő jogosult a szerződést rendkívüli felmondással a Szolgáltatónak címzett írásbeli felmondással azonnali hatállyal felmondani, ha:
- the service is unavailable on three consecutive days, excluding unavailability as specified in Section II. a), for which the Service Provider is not liable;
- no SMS messages can be sent by the service into the domestic mobile network on three consecutive days.
The Service Provider shall be entitled to discontinue the service, or to terminate the Contract with immediate effect, by extraordinary notice, in the following cases:
- the Customer uses the service for purposes other than defined in these General Contractual Conditions;
- the Customer sends spams or unauthorised commercial advertisements, e.g. to mobile subscribers not registered for the service, or it can be proven that the Customer intentionally loads the Service Provider’s resources, or misues them;
- the Customer commits a severe breach of the provisions of these General Contractual Conditions.
IX. Miscellanous provisions
Should individual sections of these General Contractual Conditions be invalid, it shall not affect the validity of the other parts of the General Contractual Conditions.
Notices, requests, invoices, claims, waivers, and other communications to be sent or allowed to be made under these General Contractual Conditions shall be made in writing, and it shall be regarded as delivered if (i) it has been personally delivered, or if (ii) it has been delivered via a courier service, or if (iii) it has been sent by e-mail (with receipt acknowledged), or if (iv) it has been sent to the other party by registered mail with acknowledgement of receipt requested – also taking into account the applical laws.
Force majeure event
In accordance with these provisions, a force majeure event shall be an unavoidable event out of the affected Party’s control, for example: acts of God, fire, flood, official measures, emergency situation, rebellion, civil war, strike, or similar stoppage of work.
Neither of the Parties shall be liable for non-, faulty or late performance of its contractual obligations if it was caused by a force majeure event. Should such an event occur, the affected Party shall promptly notify the other Party in writing. The Contract shall be suspended for the duration of the force majeure event to the extent contractual performance is prevented by such an event.
The entire Contract
The General Contractual Conditions include all conditions of the agreement between the Parties in the subject matter. These General Contractual Conditions shall overrule all earlier declarations, offers, commitments, agreements, and settlements between the Parties in the subject matter of the Contract. Earlier declarations, offers, commitments, and agreements shall not constitute part of these General Contractual Conditions.
Date of last modification: 08.10.2013