TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions for the use of the BulkGate portal (hereinafter “Terms and Conditions”) regulate mutual rights, obligations and principles of the contractual relationship between TOPefekt s.r.o., with its registered office at B. Němcové 767/13, 787 01 Šumperk, Czech Republic, ID No. 294 44 268, entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 53634 (hereinafter “Provider”), and the Provider’s contracting partner that has successfully registered in the BulkGate portal (hereinafter “User”).

1.2 These Terms and Conditions form an integral part of the contractual relationship between the Provider and the User, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter “Civil Code”).

2. DEFINITIONS OF SERVICES PROVIDED

2.1 The Provider operates the BulkGate.com portal (hereinafter “Portal”) to provide communication services, based on SMS, e-mail and other alternative communication technologies. These services allow you to send messages from the Portal and from third-party applications through the API to the Users’ final recipients. It also allows messages to be received and their content to be processed (hereinafter “Service”).

3. PROVIDER’S RIGHTS AND OBLIGATIONS

3.1 The Provider, hereby, undertakes to provide the User with the Service under the conditions stipulated herein.

3.2 The Provider reserves its right to verify payment before the Service can be used and not to transfer credit to the User for the payment in the case of any doubt (e.g. the payment seems fraudulent, the identity of the person sending the payment does not match the User, etc.).

3.3 The Provider shall not be liable for the content of messages sent by the User when using the Service. The User shall be exclusively liable for the content from the electronic communication.

3.4 The Provider undertakes to ensure the operation of the Service, including all necessary hardware and software of the Provider so that it can be used by the User.

3.5 The Provider shall keep its equipment in such a technical and operating condition to ensure that the User can use the Service in the usual quality.

3.6 The Provider is entitled to change essential technical parameters of the Service if said change is a result of significant changes of the Service’s technical parameters by mobile operators or other irreplaceable providers.

3.7 The Provider is entitled to extend and improve the Service, implement new features of the Service and develop the technology used.

3.8 The Provider is entitled to enter the User into its electronic database of Service users, monitor and archive operations performed by the User when using the Service in order to evaluate and improve the quality of the provided Service.

3.9 If the User violates any of the provisions of the Terms and Conditions or a binding legal regulation, the Provider is entitled to request the User to provide compensation for any potential damage incurred by the Provider, such as contractual penalties or other sanctions that the Provider has paid or will pay to third parties (national authorities, mobile operators, other contracting partners) due to the violation of a contractual or legal obligation of the User.

3.10 The Provider shall not be liable for any misuse of funds in the accounts of registered Users of the Portal by third parties. However, the Provider shall take necessary action to prevent such misuse.

3.11 The Provider is entitled to archive the history of messages sent and received and the User’s IP address for 4 years, mainly to be able to provide public authorities with necessary assistance.

3.12 The Provider shall archive issued invoices for 10 years after their issue date for accounting purposes.

4. USER’S RIGHTS AND OBLIGATIONS

4.1 The User shall use the Service exclusively for their own need and shall not disclose their username and password for the Service to a third person without the Provider’s prior written consent Provider. The User shall protect its password and take all appropriate and necessary measures to prevent third persons from accessing the password. If the User violates this obligation, the User shall be liable for any damage incurred by the Provider as a result of that; in this case, the Provider shall not be liable for any damage incurred by the User.

4.2 The User shall not use the Service to bother third parties, in particular, to send unsolicited data (spam). In accordance with Act No. 480/2004 Coll., on certain information society services, as amended, the User is obliged to have the addressee’s consent to receiving business communications. Under this Act, the User’s business communications text shall also contain the identity of the sender on whose behalf the communication takes places, and clearly and distinctly mention that addressees may express their disinterest in receiving further business communications free of charge.

4.3 The User is not entitled to choose a name for the sender that is not associated with the User of the Service and gives the impression that the User of the Service is another generally known user.

4.4 The User is not entitled to insert and send content that gives the impression that the sender is another generally known user (phishing).

4.5 When registering or verifying the phone number in the Portal, the User is not entitled to enter somebody else’s phone number.

4.6 The User is not entitled to enter or import any of its end users’ sensitive data into the Portal.

4.7 The User shall inform the Provider without undue delay about any circumstance or fact known to the User in advance (e.g. excessive volume of distributes messages) which could affect the use of the Service.

4.8 The User is not entitled to use the transactional channel for sending bulk (i.e. advertising) messages.

5. PAYMENTS

5.1 The User undertakes to pay the Provider a fee for the use of the Service according to the current valid price list.

5.2 The User undertakes to pay the fee for the use of the Service in advance by means of pre-paid credit which will be afterwards credited to the User’s account registered in the Portal.

5.3 The validity of purchased credit is unlimited; this shall be available without prejudice via Art. 7.2.1 of the Terms of Conditions

6. COMPLAINT PROCEDURE

6.1The Provider shall not be liable to the User for any damage incurred by the User when providing and/or using the Service that has occurred without the Provider’s fault and/or due to circumstances excluding liability.

6.2In particular, the Provider shall not be liable for damage caused, other than proper and timely sending and/or delivering of messages if the message is transmitted to an operator’s paid network or if the Service is unavailable for reasons attributable to third parties, particularly to operators, due to intervention of national authorities and/or for reasons for which the company cannot be held liable (force majeure).

6.3The liability for any Service defects will be addressed in a complaint procedure. A complaint relating to the Service can be lodged via the contact form or by a written notice sent to the Provider’s registered address. If the complaint is legitimate, the Provider will re-supply the Service without undue delay.

7. TERMINATION OF SERVICE, ACCOUNT CLOSURE

7.1 The Provider is entitled to terminate the provision of the Service at any time without any compensation in the following cases:
7.1.1 The User uses the Service contrary to the law of the country in the territory of which the Service is provided or in contradiction with the Czech law,
7.1.2 The User uses the Service contrary to the terms of services of mobile operators or other irreplaceable service providers,
7.1.3 The User uses the Service contrary to the Terms and Conditions,
7.1.4 A mobile operator or an administrative authority recommends or orders the termination or suspension of the Service, or
7.1.5 The User acts contrary to paragraphs 4.2 to 4.6 and 4.8 of the Terms and Conditions.

7.2 The Provider is entitled to close the User’s account without any compensation in the following cases:
7.2.1 The User has not logged in the Portal for more than 2 years, or
7.2.2 The User has not purchased credit within 6 months after successful registration in the Portal.

8. FINAL PROVISIONS

8.1 Matters that are not expressly regulated by these Terms and Conditions shall be governed by the applicable legal regulations of the Czech Republic.

8.2 The Terms and Conditions shall become valid and effective upon checking the box “I agree with the Terms and Conditions” by the User when registering in the Portal and upon successfully completing the registration in the Portal.

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