sign in sign in

SMSGH Solutions Limited

SMS MESSAGING TERMS AND CONDITIONS

  1. DEFINITIONS
    • In this document the following terms shall have the meanings herein ascribed to them:
      "Customer" means the party using any SMSGH service and may also be referred herein as ‘you’.
      "GSM/CDMA Network" means the GSM/CDMA Cellular Network over which the SMS will be delivered.
      "Mobile Terminating" means SMS messages sent to a cellular phone on the GSM/CDMA Network.
      "MSISDN" means a telephone number on the GSM Network and, in terms of this agreement, those numbers specifically provided to SMSGH by the Customer.
      "Recipient" means the person/s receiving the SMS.
      "Service/s" means the method/s of dissemination of SMS messages used by the Customer.
      "Short Message Service" or "SMS" means a 160-character (including spaces) text message that is sent to or from a cellular telephone. Only “Valid” characters will be allowed.
      "Sender ID" means the identity of the Sender of an SMS.
      "Valid SMS characters are: !#%&()*+,-./0123456789:;<=> ?@ABCDEFGHIJKLM NOPQRSTUVWXYZ_ abcdefghijklmnopqrstuvwxyzéè
      "Valid Sender ID characters are: ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 1234567890
      "SMSGH" and where used ‘We’ means SMSGH Solutions Limited.
  2. CUSTOMER
    • The terms set out below shall apply to the provision of the Service/s purchased by the Customer.
  3. TERM OF AGREEMENT
    • This agreement shall continue indefinitely until terminated by either party on expiry of the service period with one calendar month's written notice to the other, with the exception of "once-off" sending of SMS messages. This will be on an ad hoc basis.
  4. THE SERVICE
    • The Service/s shall allow the Customer to send Mobile Terminating SMS. In order to make use of the Service/s, the Customer shall send messages to SMSGH utilizing one of the Service/s specified connection methods by SMSGH. SMSGH will disseminate the SMS over the GSM/CDMA Network to the specified MSISDN/s.
  5. SERVICE GUARANTEES
    • Any applications provided by SMSGH will be supported by SMSGH and are provided with separate guarantee and Service Level Agreements. SMSGH warrants that the SMS service/application has been specifically designed for a particular service, industry or Customer type and the SMS service is for general-purpose use.
  6. PAYMENT
    • The Customer may pay a connection fee as prescribed. All Service/s used by the Customer will be billed on one account. SMSGH may change the charges for Service/s on one month’s notice to the Customer. Where a monthly contract applies, monthly invoices will be printed and together with a statement, will be posted/emailed to the Customer.
  7. MESSAGING LIMITATIONS
    • The Customer shall restrict all messages to not more than 480 valid SMS characters (including spaces). Any message submitted that is longer than 480 valid SMS characters (including spaces) will be truncated to 480 valid SMS characters (including spaces). The Customer will be charged per every 160 SMS characters and notification per Service as indicated in the attached schedule. All prices exclude VAT/NHIL and other government taxes including Communication Service Taxes. The Customer will be charged for all messages submitted to SMSGH for dissemination.
  8. DEBT AND DEBIT MANAGEMENT
    • In the event of any amount owing by the Customer remaining unpaid on due date SMSGH shall be entitled to suspend the Service/s immediately, without notice to the Customer. Interest will be charged on all overdue accounts at the rate charged by Zenith Bank Ghana Limited, from time to time. Payment terms should be clearly specified (50% before transaction. Balance of 50% to be paid before scheduled transactions are complested).
  9. INDEMINTY
    • The Customer hereby indemnifies and holds harmless SMSGH against any claim or action by the Customer or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Customer and/or any third party arising out of the use of the Service/s or any act or omission on the part of SMSGH in the provision of the Service/s.
  10. MOBILE NETWORK LIMITATION
    • In order for SMSGH to maintain integrity as the leading broker of SMS traffic for all cellular networks in Ghana, no customer may use the suite of SMSGH SMS products to poach or solicit potential customers or subscribers from any cellular network operator. Such an act will result in immediate permanent suspension.
  11. MESSAGE BILLING
    • Messages submitted by the Customer will be accepted and billed based on the relevant authentication method per Service. It is the Customer's responsibility to protect its means of authentication. SMSGH will not be responsible for any misuse of the Customer's authentication keys, logins and passwords, nor will any credit be allowed for such misuse.
  12. MESSAGING CONTENT ACCURACY
    • The Customer is responsible for the content and accuracy of any SMS sent on their account. The Customer will adhere to an appropriate code of conduct when utilizing the Service/s. Sending of unsolicited advertising material, illegal content, inappropriate language or any message that may be viewed by the Recipient as being of contentious or offensive nature is not permitted and may, at the sole discretion of SMSGH, result in the immediate termination of the Service/s.
  13. MESSAGING CONTENT GUIDELINES
    • SMSGH allows users to send SMS text messages with pictures, voice/music and video content included under the following guidelines and standard which details what type of messaging content is acceptable, and what type of content may be rejected, reported or removed. This section is directed at Customers and uses
      • Violence and Threats
        • Safety is SMSGH's top priority. We remove content and may escalate to law enforcement when we perceive a genuine risk of physical harm, or a direct threat to public safety. You may not credibly threaten others, or organize acts of real-world violence. Organizations with a record of terrorist or violent criminal activity are not allowed to maintain a presence on our site. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in financial harm to others, including theft and vandalism.
      • Self-harm
        • SMSGH takes threats of self-harm very seriously. We remove any promotion or encouragement of self-mutilation, eating disorders or hard drug abuse. We also work with suicide prevention agencies around the world to provide assistance for people in distress.
      • Bullying and harassment
        • SMSGH does not tolerate bullying or harassment. We allow users to speak freely on matters and people of public interest, but take action on all reports of abusive behavior directed at private individuals. Repeatedly targeting other users with unwanted friend requests or messages is a form of harassment.
      • Hate speech
        • SMSGH does not permit hate speech, but distinguishes between serious and humorous speech. While we encourage you to challenge ideas, institutions, events, and practices, we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.
      • Graphic Content
        • SMSGH has long been a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern, such as human rights abuses or acts of terrorism. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence have no place on our site.

          When people share any content, we expect that they will share in a responsible manner. That includes choosing carefully the audience for the content. For graphic videos, people should warn their audience about the nature of the content in the video so their audience can make an informed choice about whether to watch it.

      • Nudity and Pornography
        • SMSGH has a strict policy against the sharing of pornographic content and any explicitly sexual content where a minor is involved. We also impose limitations on the display of nudity. We aspire to respect people’s right to share content of personal importance, whether those are photos of a sculpture like Michelangelo's David or family photos of a child breastfeeding.
      • Identity and privacy
        • People and businesses connect via SMSGH using their real names and identities. We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates SMSGH's terms.
      • Intellectual property
        • Before sharing content via SMSGH, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.
      • Security
        • We take the safety of our customers and mobile users seriously and work to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, we ask that you respect the rights of mobile subscribers by not contacting them for commercial purposes without their consent.
  14. CONFIDENTIALITY
    • SMSGH guarantees confidentiality of both the MSISDN/s and messages submitted by the Customer during utilization of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by SMSGH. SMSGH agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Customer.
  15. SENDER IDENTIFICATION
    • The Customer agrees to append its name or corporate identity to any broadcast SMS that are sent to distribution lists. This includes but not limited to advertising, marketing and promotional material.
  16. ANTI-SPAM
    • The Customer shall present proof of a Recipient's consent to the delivery of SMS. Should SMSGH receive any complaints from Recipients regarding the receipt of unsolicited SMS, SMSGH will notify the Customer thereof. Similarly, should the Customer receive any complaint from any Recipient regarding the receipt of any SMS, the Customer will immediately notify SMSGH. The abuse of the sending of unsolicited SMS's by the Customer or the omission to notify SMSGH of any complaint referred to above, May at the sole discretion of SMSGH, result in immediate termination of the Service/s.
  17. GOVERNING LAW
    • This agreement shall be governed by the laws of Ghana, and both SMSGH and all Customers agree to submit to the jurisdiction of the courts of the Republic of Ghana in the event that any proceeding shall be brought under the terms of this agreement.
  18. ENTIRE AGREEMENT
    • This document contains the entire Terms and Conditions of Service between the Customer and SMSGH and shall not be capable of variation or amendment except as amended and notified in writing by the Board of Directors of SMSGH Solutions Limited.
Amended and Approved on the 18th of December 2013 By The Board of Directors of SMSGH Solutions Limited