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General contractual conditions of CheapTXT service
The terms below govern the contractual relation between you ("the customer") and CheapTXT ("CheapTXT"). 1. Scope of Agreement By registering on our website www.cheaptxt.com, the customer agrees with the terms specified in this contract. The contract is deemed established as soon as the username and password required to use CheapTXT's services have been sent by CheapTXT to the customer via e-mail. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail. 2. Usage of the SMS Service 2.1. Authorization and Authentication The login information completed by the user serves as identification of the customer to CheapTXT. CheapTXT will perform no further authentication of the customer's identity. The customer agrees that all website activities which can be traced to his username and password are deemed as having been performed by the customer himself and are legally binding for him. The customer is responsible for careful use and storage of the username and password. We urge the customer to change his password regularly and take other appropriate measures to prevent misuse or theft of his login information. 2.2. Risks The customer agrees that, by definition, access to the Internet, mobile networks and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. - The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of CheapTXT services. 2.3. Limitiation of Liability THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, CheapTXT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE. IN NO EVENT SHALL CheapTXT OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE OR THE SERVICES, EVEN IF CheapTXT HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. 3. CheapTXT's Services CheapTXT is an independent IT company and provides SMS services to the customers as described on the website www.CheapTXT.com. 3.1. Access to www.CheapTXT.com CheapTXT makes its best efforts to provide SMS services on the website www.CheapTXT.com 7 days a week, 24 hours a day. In order to use the Service, the customer must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, the customer must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device like mobile phones or Pdas. 3.2. SMS Transmission 3.2.1. Delivery The customer acknowledges that CheapTXT delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery resp. transmission of SMS messages within the technical constraints imposed by the abovementioned providers. 3.2.2 Delivery limitations SMS messages submitted via www.CheapTXT.com will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. The customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all. 3.3. Technical Modifications CheapTXT reserves the right to enhance, develop, and modify services and contents on its website at any time without prior notice. 4. Customer's Liability 4.1. Disruptions and Damages If the customer causes damages or disruptions of the website or system applications of CheapTXT by bad intent, he becomes liable for all direct and incidental consequences and associated costs. 4.2. SMS Content The customer assumes full responsiblity for the content of SMS messages transmitted by himself or by a third party on his request. The customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by him. The customer assumes liability for all consequences and costs arising out of offenses against such regulations. The customer must ensure that his SMS delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The customer is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS. The customer agrees to indemnify and hold CheapTXT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the customer transmit through the Service, the customer's use of the Service, the customer's connection to the Service, the customer's violation of the Terms of Usage, or the customer's violation of any rights of another. 4.4. Termination You agree that CheapTXT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CheapTXT believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. CheapTXT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that CheapTXT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CheapTXT shall not be liable to you or any third-party for any termination of your access to the Service. 5. Accounting 5.1. SMS Debits CheapTXT debits transmitted SMS messages from the customer's online SMS account according to its transmission logs. These logs are deemed correct and valid even if the customer has objected against the correctness of the accounting records, but CheapTXT's investigations have not produced evidence of a technical problem or error. The SMS pricing scheme is published on the www.CheapTXT.com. Because CheapTXT cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of mobile network providers, CheapTXT does not refund undeliverable SMS messages to the customer. 5.2 Credit expiry Credit and activation account will never expire. 6. Complaints All complaints must be directed to CheapTXT, support@CheapTXT.com within 5 business days of the event causing the objection. 7. Property All communication media and systems associated with the website www.CheapTXT.com and the underlying services remain the property of CheapTXT. By using the services, the customer does not obtain any rights in the infrastructure, content or software associated with the services. 8. Interpretation If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. You must comply with all laws, regulations, obligations and restrictions which apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of CheapTXT. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
Yes, I agree
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Athorization to personal data processing
Pursuant to the terms and conditions of Sections 7, 13, and 23 of Legislative Decree n° 196/2003, I hereby declare that I have read the instructions given to me by CheapTXT as regards the processing of my personal data, that I have been fully informed of my statutory rights and the exercise thereof, and in witness whereof authorize to the processing of my personal data for the purposes for which I release them for service using.
Yes, I authorize
No, I don't authorize
Athorization to personal data processing by third parties
I also authorize to the processing of my personal data by CheapTXT to send, also via e-mail, news, advertisements, informations about products and services and for statistics and marketing purposes. Without my authorization, it will be possible anyway to use the service.
Yes, I authorize
No, I don't authorize
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