Terms and Conditions

Introduction

PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH SMS CENTER LIBERIA OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF SMS CENTER LIBERIA SERVICE (THE "SMS SERVICE"). BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE SMS CENTER LIBERIA’S SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. SMS CENTER LIBERIA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Definitions

"SMS Center Liberia" shall refer to ICT Center Liberia, a private company registered in Liberia under registration number 050986047."User", "You", "Your" shall refer to the party using the Products and/or Services and/or Software as provided by SMS Center Liberia."Service" shall mean the activity and obligation of SMS Center Liberia to provide the services and/or deliverables."Effective Date" means the date on which the Service.
"Account" shall mean the User's platform for interacting with SMS Center Liberia's Services.Unless inconsistent with the context, or otherwise indicated, in this agreement reference to a "person" shall include a juristic or artificial person, including without limitation, a firm, company voluntary association, or partnership.In this agreement, unless inconsistent with the context, or otherwise indicated, the singular shall include the plural, and the plural shall include the singular.In this agreement, unless inconsistent with the context, or otherwise indicated, reference to the male form shall include the female form as well, and vice-versa.

Relaxation

No latitude, extension of time or other indulgence which may be given or allowed by any party to the other parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this agreement, and no single or partial exercise of any right by any party under this agreement, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a negation of or otherwise affect any of the party's rights in terms of or arising from this agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

Effective Date

The effective date is the date when the SMS Center Liberia Administrator set up an account for the User.This agreement, notwithstanding the date of acceptance or signature, will be deemed to have commenced on the effective date.

Duration

The duration of this agreement shall continue indefinitely, unless terminated by either party.Either party may terminate this agreement by giving the other party 30 (thirty) days prior written notice.

Improper Use

The User will not nor will the User authorize or permit any other person or party to use the Service:

1. To send or knowingly receive or conduct any communication which is in violation of any law, regulation, regulatory authority or which is defamatory, offensive, abusive, indecent, obscene or menacing, or in breach of confidentiality, privacy, trade secrets, or in breach of any third party intellectual property rights, or in breach of any other rights
2. To cause any annoyance or inconvenience
3. To defraud or attempt to defraud

1. SMS Center Liberia's acceptable privacy policy, available on request or may be viewed at https://sms4all.work/privacy.php, the terms with which the User declares itself familiar which can be amended from time to time
2. SMS Center Liberia's Licence terms and conditions which can be amended from time to time available on request or may be viewed at https://sms4all.work/terms.php

Warranties

Save as expressly set out in this agreement, SMS Center Liberia does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the System and all warranties which are implied or residual at common law are hereby expressly excluded.
Without limitation to the generality of the condition above SMS Center Liberia does not warrant or guarantee that the information transmitted by or available to the User by the way of the system or any SMS Center Liberia’s Equipment:

1. Will be preserved or sustained in its entirety
2. Will be suitable for any purposes
3. Will be free of inaccuracies, defects, bugs or viruses of any kind; and SMS Center Liberia assumes no liability, responsibility or obligations in regard to any of the exclusions set forth above.

Exclusion of Liability

Except for any deliberate act or gross negligence on the part of SMS Center Liberia, its associates, servants or agents, and except as otherwise expressly provided herein to the contrary, SMS Center Liberia shall not be liable to the User or any third party for any loss or damage of whatsoever nature and/or arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue or anticipated savings) or for any costs, claims or demands of any nature whether asserted against SMS Center Liberia or against the User by any party arising directly or indirectly out of the System or Services, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be, by or from their use and the User hereby indemnifies and holds SMS Center Liberia harmless in respect thereof, such indemnity specifically includes, but is not limited to

1. The incorrectness and/or loss of any service delivered or undelivered by the SMS Center Liberia System or the delay in delivery thereof;
2. The non-availability of the System or access to the System for any reason whatsoever.
3. Will be free of inaccuracies, defects, bugs or viruses of any kind; and SMS Center Liberia assumes no liability, responsibility or obligations in regard to any of the exclusions set forth above.

Take-down Notice

SMS Center Liberia have the right to suspend and / or terminate Services to the User, should any notification be received of unlawful activity by the User, in respect of the services, pursuant to the provisions of the law of the Republic of Liberia and other applicable country (and standard organization(s).
The User hereby indemnifies and holds SMS Center Liberia harmless against any claims, damages and/ or costs of whatsoever nature arising from the performance by SMS Center Liberia of its responsibilities in terms of provisions of the law of the applicable country and standard organization(s).

Breach

SMS Center Liberia shall be entitled, but not obligated to suspend and/ or terminate this agreement without giving notice to the User in of the following circumstances:

1. In the event of the User failing to make payment in terms of this Agreement within 7 (seven) days after it becoming due and payable
2. In the event of the User failing to comply with any of the terms and conditions of this agreement, all of which are deemed to be material and it shall be irrelevant whether the User is aware of the content of any material so transmitted
3. Either party shall be entitled, but not obligated to terminate this Agreement upon 14 (fourteen) days prior written notice in of the following circumstances
4. In the event of a party allowing a judgment against it to remain unsettled for more than 7 (seven) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end
5. In the event of a party being placed in liquidation or under judicial management whether provisionally or finally; and/ or not appeal the judgment that was granted against it on an opposed basis

In the event of their being a legal dispute between the parties, of whatever nature, the User will be obliged to continue with the punctual payment of all and/ or any amounts due in terms of this Agreement.
If SMS Center Liberia elects to cancel this Agreement as provided for in the above; SMS Center Liberia shall be entitled to:

1. Claim all outstanding monies as on the date of repudiation and/ or cancellation of this Agreement
2. Treat all outstanding amounts as immediately due and payable which would have become due and payable over the balance of the period which has not expired in terms of the Agreement
3. To claim interest on the amounts as provided for
4. Immediately terminate all and/ or any of the Services provided to the User in terms of this Agreement. Upon acceptance of this Agreement by the User, the User consents to such termination under the circumstances and the termination not amounting to an act of spoliation
5. Claim any and/ or all damages that SMS Center Liberia might incur as a direct and/ or indirect result of the User's repudiation and/ or breach of this Agreement
6. Claim the costs of any legal proceedings instituted against the User in any court of law on a scale as between attorney and own User irrespective as to whether summons has been issued or not
7. To retain all amounts already paid by the User in terms of this Agreement
8. To retain and/ or reclaim possession of any goods of whatever nature provided by SMS Center Liberia, directly or indirectly, or by any third party instructed by SMS Center Liberia to the User, irrespective as to whether the said goods are prescribed in this Agreement, or not
9. In the event of suspension, termination, cancellation and/ or expiration of this Agreement as provided for in this Agreement and/ or as provided for in common law, the provisions of this Agreement which are intended to continue and survive, shall continue to and survive accordingly.

Force Majeure

Neither of the parties shall be held liable for failure to perform any of its obligations under any circumstance where the failure or default is caused by or arises as a result of force majeure including, but not limited to, fire, flood, lightning, civil unrest and acts of governmental, regulatory or military authorities;
The defaulting party affected by force majeure shall as soon as reasonably possible notify the other party in writing of the occurrence of the circumstances and the estimated extent and duration of its inability to perform its obligations under the circumstances.
In the event of a force majeure circumstance, both parties shall use all reasonable endeavours to minimise the effects to the affected party.

Refund Policy

WHEREAS the services rendered by ICT Center Liberia(BR No 050986057) "SMS Center Liberia" entails the sale of cellular "SMS" (Short Message Service) via the national and international cellular networks to the public and corporate institutions ("a Purchaser"), and WHEREAS SMS is a redeemable item constituting liquid monetary value ("cash"), and WHEREAS a transaction of sale between SMS Center Liberia and any Purchaser constitutes the exchange of cash for cash, and WHEREAS a sale by SMS Center Liberia of SMS to a Purchaser is conditional upon the Purchaser accepting the terms of SMS Center Liberia refund policy.
NOW THEREFORE THE REFUND POLICY OF SMS Center Liberia IS AS FOLLOWS:
Upon receipt and clearance by SMS Center Liberia of Purchaser purchase price of SMS SMS Center Liberia shall credit the Purchaser SMS account with the number of SMS purchased in the proprietary SMS Center Liberia business system ("the Credit").
The Credit to the Purchaser SMS account perfects the transaction of Purchase and sale between the Purchaser and SMS Center Liberia.SMS Center Liberia shall only refund the Purchaser the purchase price in the event that:

1. The SMS Center Liberia proprietary business system fails to make available for delivery or deliver the SMS purchased by the Purchaser within 14 (fourteen) days of SMS Center Liberia having been given written notice by the Purchaser of such or any SMS Center Liberia proprietary business system failure in accordance with the Terms and Conditions of Sale accepted by the Purchaser upon purchasing SMS.
2. The SMS Center Liberia proprietary business system fail to credit the Purchaser SMS account with the number of SMS purchased in the proprietary SMS Center Liberia business system within 14 (fourteen) days of SMS Center Liberia having been given written notice by the Purchaser of such or any SMS Center Liberia proprietary business system failure in accordance with the Terms and Conditions of Sale accepted by the Purchaser upon purchasing SMS.