SMS Thailand

Limited Standard Terms and Conditions of Business. Modified 20071119IMPORTANT – PLEASE READ CAREFULLY BEFORE USING
THIS WEBSITE AND/OR PURCHASING SERVICES FROM Sms-Thailand.com The terms and conditions set out below (the “Conditions”) apply to the website owned, operated and controlled by Yellowberry.org (the “Website”) sms-Thailand.com (as accessed via that or any other address) and to all services provided. Using the Website and/or ordering any services from you are deemed to have read and agreed to these Conditions.Sms-Thailand.com may, at any time, change, modify, add to or remove part or all of these Conditions. You should therefore check these Conditions periodically to see if they have changed. Your continued use of the Website and/or services provided Sms-Thailand.com will be deemed to constitute acceptance you of any such changes.If you are a consumer, the terms set out within these Conditions do not affect your statutory rights.A. CONDITIONS RELATING TO YOUR USE OF THE WEBSITE OR ANY OTHER SERVICES OR SOFTWARESms-Thailand.com endeavors to ensure that the information on the Website is correct and fairly stated, but here excludes liability for any error or omission. The Website is not part of a contract or license save insofar as may be expressly agreed Sms-Thailand.com. All designs, text, graphics and the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of Sms-Thailand.com and its licensors unless indicated otherwise. You may electronically copy or print portions of the Website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Website is strictly prohibited. No links to the Website may be included in any other web site without express written authorization from Sms-Thailand.com.Any link (be it a hypertext link or other referral device) used on the Website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation Sms-Thailand.com and does not mean that Sms-Thailand.com has any association with the linked site. Sms-Thailand.com is not responsible for the content of any websites that have links with the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked web sites. Sms-Thailand.com does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred you as a result.Sms-Thailand.com will use your information, together with other information, including any which you provide to Sms-Thailand.com, for administration, marketing and customer services. Sms-Thailand.com will NOT disclose your details to parties outside the Sms-Thailand.com group of companies except as described in our privacy policy. You may, from time to time, when you are using the Website, be asked to provide or be provided with a password to enable you to access certain services. You must, at all times keep your password private and confidential and you may not permit third parties to use your password.Sms-Thailand.com will NOT release your details to business partners. However, Sms-Thailand.com may contact you by mail, telephone, email, SMS or fax to let you know about any Sms-Thailand.com goods, services or promotions of the business partners which are considered relevant to the services provided to you by Sms-Thailand.com.Further details of Sms-Thailand.com’s use of your information are set out in the Sms-Thailand.com Privacy Policy in Section D of these Conditions.Sms-Thailand.com will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including, without limitation, any financial losses such as loss of profit) which you may incur as a result of any event beyond Sms-Thailand.com’s reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).Nothing within these Conditions operates so as to exclude, limit or restrict Sms-Thailand.com’s liability for death or personal injury.These disclaimers, exclusions and conditions shall be governed and construed in accordance with the law of England and Wales. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.B. GENERAL CONDITIONS RELATING TO THE PROVISION OF SERVICES1 DefinitionsIn the following Conditions unless the context otherwise requires the following terms shall have the following meanings:“Bandwidth” the allocated transmission capacity, measured in bits per second, as specified in the relevant Contract;“Bandwidth Provision” the provision of Bandwidth Sms-Thailand.com;“Bankruptcy or Insolvency Proceedings” bankruptcy proceedings, sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;“Contract” the contract for the provision of Services between Sms-Thailand.com and you incorporating these Conditions, the Sms-Thailand.com Order Form (where completed and accepted Sms-Thailand.com) and (where applicable) the Price List or as set out in the applicable Separate Contract; “Domain Name Registration” the submission of applications for registration of domain names to the relevant naming authority;“Email Provision” the Sms-Thailand.com secondary email service provided Sms-Thailand.com as detailed on the Website from time to time;“Fee” the fees (including any applicable VAT) due for the provision of the Services as set out in the Price List or, in the absence of provision in the Price List, the fees for the provision of the Services agreed between you and Sms-Thailand.com as detailed in the applicable Order Form accepted Sms-Thailand.com in writing;“General Conditions” the general conditions relating to the provision of services set out in Section B of these Conditions;“Hosting” the provision of hosting services Sms-Thailand.com;“Hosted Service” a service that is hosted Sms-Thailand.com under its Hosting Service;“Intellectual Property Rights” any and all intellectual property rights and similar rights including, without limitation, patents, trade marks or trade names, service marks, brand names, registered designs, design rights, rights in databases, Know-How, copyrights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating or attached thereto and all extensions and renewals thereto;“Know-How” any and all know-how, confidential information, experience, drawings, designs, source code, programmes, notes, flowcharts, other technical information including the benefit of obligations of confidentiality in relation thereto howsoever arising;“Minimum Contract Term” any minimum contract term applicable in respect of the provision of Services as specified in the relevant Contract; “Order Form” the Sms-Thailand.com on line order form;“Price List” Sms-Thailand.com’s published charges for the provision of the Services from time to time;“Separate Contract” any separate contract for the provision of Services entered into you and Sms-Thailand.com;“Services” the Sms-Thailand.com Service, the Domain Name Registration Service, Hosting, Bandwidth Provision, Email Provision, SMS Service, Telecom Service, Webcam Installation Service and any other service or facility provided to you Sms-Thailand.com as detailed on the relevant Order Form and/or as accessed or used you via the Website;“Site” the premises or location at which a Service is or is to be provided“SMS Service” Sms-Thailand.com’s facilitation of the sending of SMS messages via a web based interface;“Specific Conditions” the specific conditions relating to the provision of specific categories of services set out in Section C of these Conditions;“Telecom Service” the provision of number forwarding services Sms-Thailand.com;2 Basis of Provision of Services2.1 Save as provided in clauses 2.2 and 2.3 these General Conditions apply to each and any provision of Services to you Sms-Thailand.com to the exclusion of all other conditions, agreements, understandings or arrangements not set out in the applicable Contract.2.2 The applicable Specific Conditions are also included in each Contract for the provision of Services.2.3 Certain Services are provided Sms-Thailand.com on the terms of Separate Contracts. If you enter into a Separate Contract with Sms-Thailand.com in relation to the provision of any Services the terms of that Separate Contract shall take priority over these Conditions. The Services in relation to which Sms-Thailand.com currently uses Separate Contracts are server collocation, Webcam Installation, Telecom Services and the provision of virtual server accounts (which excludes standard hosting accounts).3 Fees and Payment3.1 In consideration of the payment of the appropriate Fees, Sms-Thailand.com will provide the Services. The appropriate Fees for the provision of Services are such Fees as are expressly agreed in writing you and Sms-Thailand.com in respect of the Services or, in default of such agreement, such Fees as are calculated in accordance with the Price List in force at the time you submit a completed Order Form for the provision of the Services to Sms-Thailand.com.3.2 All Fees must be paid in full without set off or deduction in US dollar either:3.2.1 debit or credit card when you make your order if you complete an Order Form on line; orYou can find details of the credit and debit cards that are accepted Sms-Thailand.com following the “order” link on the Website. 3.3 Fees are quoted Sms-Thailand.com (whether in the Price List or otherwise) exclusive of Value Added Tax. If Value Added Tax is applicable, you must pay it in addition to the quoted Fee at the rate prescribed law.3.4 Sms-Thailand.com reserves the right to increase the Fees for Services3.5 Without prejudice to Sms-Thailand.com’s other rights and remedies under these Conditions and/or at law, if any sum payable is not paid on or before the due date, Sms-Thailand.com shall be entitled forthwith to:3.5.1 withhold or, where provision of the Services has commenced, suspend the provision of Services to you; and/or3.6 we reserve the right to attempt to recover monies for outstanding invoices by contacting the admin email address or owner email address for the account, or by any other contact details we have been provided pertaining to that account.4 Warranties4.1 Sms-Thailand.com warrants that it will provide the Services with reasonable care and skill.4.2 All conditions, terms, warranties and representations, whether imposed statute, operation of law or otherwise, that are not expressly stated in these Conditions are here excluded to the fullest extent permitted law. 5 Intellectual Property OwnershipAll Intellectual Property Rights in and to the Services provided Sms-Thailand.com are, as between you and Sms-Thailand.com, the property of and shall vest in and be the property of Sms-Thailand.com. 6 Use of the Services6.1 You represent, undertake and warrant to Sms-Thailand.com that you will use Services provided Sms-Thailand.com only for lawful purposes. In particular, you represent, warrant and undertake that:6.1.1 you will not use the Services in any manner which infringes any law or regulation or which infringes the rights of or, causes annoyance, inconvenience or needless anxiety to any third party, nor will you authorise or permit any other person to do so;6.1.2 you will not use the Services to post, link to or transmit:(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; and/or(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any intellectual property right; 6.1.3 you will keep secure any identification, password and other confidential information relating to the Services and shall notify Sms-Thailand.com immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information;6.1.4 you will observe the procedures which Sms-Thailand.com may from time to time prescribe and shall make no use of the Services which is detrimental to Sms-Thailand.com’s other customers;6.1.5 you will procure that the Services are used in accordance with all applicable legislation (including data protection legislation) and in a secure manner; 6.1.6 (if you are an individual), you are at least 18 years of age; and6.1.7 (if you are a company), the Services will not be used anyone under the age of 18 years.6.2 Whilst Sms-Thailand.com will use reasonable endeavors to ensure the integrity and security of the Services, Sms-Thailand.com does not guarantee that the Services will be error or interruption free or free from unauthorized users or hackers.6.3 Sms-Thailand.com may from time to time:6.3.1 temporarily suspend part or all of the Services without notice for the purposes of repair, maintenance or improvement. Sms-Thailand.com undertakes to use reasonable endeavours to restore the Services as soon as possible after any such suspension;6.3.2 give instructions regarding the use of the Services which in Sms-Thailand.com’s reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of the Services provided Sms-Thailand.com and any such instructions shall, whilst they are in force, be deemed to form part of the Contract between You and Sms-Thailand.com; and/or6.3.3 vary the technical specification of the Services for operational needs.7 Termination7.1 Sms-Thailand.com may terminate its Contract with you at any time, immediately upon written notice if you:7.1.1 breach any term of the Contract; or7.1.2 are subject to Insolvency Proceedings.7.2 Either you or Sms-Thailand.com may terminate your Contract at any time upon at least 30 days notice to the other expiring on the last day of the Minimum Contract Term (if any) or at any time thereafter. If no Minimum Contract Term is specified the notice to terminate shall take effect upon the last day of the notice period. In any event you must pay the Fees for all Services provided to you up to and including the date of termination.7.3 Sms-Thailand.com reserves the right to terminate any Contract at any time (notwithstanding any Minimum Contract Term) giving to you not less than 30 days prior written notice of termination. If Sms-Thailand.com terminates your Contract under this clause 7.3 it will refund any Fees that you have paid in advance for Services that, as a result of Sms-Thailand.com’s termination of the Contract, you will not receive.7.4 Termination and/or expiry of your Contract is without prejudice to any rights and/or liabilities accrued as at the date of expiration or termination.7.5 On termination or suspension of Services under the Contract Sms-Thailand.com shall be entitled to immediately block any website provided to You or hosted for You Sms-Thailand.com as part of the Services and to remove all data located on it. Sms-Thailand.com shall be entitled to delete all such data but Sms-Thailand.com may, at its discretion, hold such data for such period as Sms-Thailand.com may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding under Contract and payable to Sms-Thailand.com. Sms-Thailand.com shall further be entitled to post such notice in respect of the non-availability of such website as Sms-Thailand.com thinks fit.8 NoticesAny notice to be given you or Sms-Thailand.com to the other may be sent either email, fax or recorded delivery to the address of the other party as appearing in the relevant Contract (or, in the case of Sms-Thailand.com, as appearing on the Website) or such other address as either party may from time to time have communicated to the other in writing. If sent email a notice shall, unless the contrary is proved, be deemed to be received on the day it was sent or, if sent fax, shall be deemed to be served on receipt of an error free transmission report or, if sent recorded delivery, shall be deemed to be served two days following the date of posting.9 Matters Beyond Sms-Thailand.com’s Reasonable Control Sms-Thailand.com is not liable for any breach of Contract or any delay or failure in its performance of any of its obligations under a Contract when caused as a result of any matter beyond its reasonable control including, but not limited to, war, civil disorder, industrial disputes, adverse or extreme weather, acts of local or central government or other competent authorities or failure other service providers.10 Liability10.1 Sms-Thailand.com shall not in any way be liable for any loss of profits, anticipated savings, goodwill or business opportunity, for the loss, corruption or destruction of data, for injury to reputation or third party losses or for indirect, consequential or special loss or damage regardless of form of action, whether in tort (including negligence) contract, strict liability or otherwise and regardless of whether Sms-Thailand.com knew or had reason to know of the possibility of the loss, injury or damage in question.10.2 Nothing in these Conditions shall operate so as to exclude Sms-Thailand.com’s liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation.10.3 Sms-Thailand.com’s total aggregate liability under any Contract for any claim arising out of or in connection with the provision of the Services shall be limited to the Fees paid you in respect of the Services which are the subject of any such claim.10.4 In any event no claim shall be brought against Sms-Thailand.com unless you notify Sms-Thailand.com of the claim within two years of it arising.11 IndemnityYou shall indemnify and hold Sms-Thailand.com harmless from and against any breach you of these Conditions and/or the terms of any Contract and any claim brought against Sms-Thailand.com a third party resulting from the provision of Services to you and your use of the Services other than in accordance with the terms of these Conditions and the applicable Contract.12 WaiverThe failure or delay of Sms-Thailand.com to enforce or exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to the Contract does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect Sms-Thailand.com’s right later to enforce or exercise it. No single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege.13 ValidityThe invalidity or unenforceability of any term of or any right arising pursuant to this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.14 Third Party RightsNothing in this Agreement shall be construed so as to confer any benefit or impose any obligation upon any person who is not a party to it whether under the Contracts (Right of Third Parties) Act 1999 or otherwise.15 HeadingsThe headings in these Conditions are for ease of reference only and shall not affect the interpretation of the Conditions.16 LanguageAll documentation and correspondence in connection with this Agreement shall be in the English language.17 Law and JurisdictionThe construction, validity and performance of these Conditions and each and every Contract is governed the law of England and Wales and the parties accept the exclusive jurisdiction of the courts of England and Wales.C. SPECIFIC CONDITIONS18 Specific Conditions applicable to Domain Name Registration18.1 You acknowledge that despite Sms-Thailand.com’s acceptance of any order for a domain name Sms-Thailand.com does not warrant or represent that the domain name you wish to register is or will continue to be available for use and registration and (save as provided in clause 4.1) accepts no liability in respect of the registration or failed registration of your domain name or your use thereof.18.2 The registration and use of your domain name is subject to the terms and conditions of use applied the relevant naming authority including (but not limited to) those relating to renewal of registrations (see below). You must ensure that you are aware of those terms and conditions and that you comply with them.18.3 Sms-Thailand.com does not monitor and accepts no liability in relation to the renewal of the registration of your chosen domain name. It is your responsibility to arrange for the renewal of the registration of your domain name with the relevant naming authority as and when required. If you do not make such arrangements the registration of your domain name will lapse.19 Specific Conditions applicable to Email Provision, Telecom Services and SMS Services19.1 Sms-Thailand.com makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Email Provision, Telecom Services and/or SMS Services the accuracy or quality of information received any person via the Email Provision, Telecom Services and/or SMS Services and/or any loss of or damage to any data stored or transferred via the Email Provision, Telecom Services and/or SMS Services.19.2 Sms-Thailand.com reserves the right to suspend any SMS account if it remains unused for a period of 24 months and delete any remaining credit balance, without refund. In the case where an account is active but credits remain unused after a period of twelve months or greater, Sms-Thailand.com reserves the right to remove any unused credits from the balance of the account.19.3 One message credit is consumed per message delivery or attempted delivery. Sms-Thailand.com reserves the right to charge internetworking or network termination fees or to deduct messages from an sms account balance of equivalent value to any internetworking or termination fees due.

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