SmsCanal Terms and conditions

I. Introduction
The following are the terms and conditions for use of smscanal.com by any user. 
By clicking on the "ACCEPT" button or accessing or using the SmsCanal web site, you agree that you have read, understand and accept all of the terms and conditions below for all use of the SmsCanal.com services. 
If you do not agree to these terms and conditions you may not use the SmsCanal web site or the services. Any use past the registration page of the SmsCanal web site shall automatically bind the user to this agreement.

II. DEFINITIONS AND INTERPRETATION

Website: means www.smscanal.com

SmsCanal: means Note Telecom LTD or any GSM or CDMA network operator(s) originating or transiting the SMS

SMS: means all short message services sent to and from mobile telephones which text comprises words or numbers or an alphanumeric combination up to one hundred and sixty (160) characters

User: means any natural or legal person who makes use of any of the Services or who uses or visits the Website

Service: means any and all of the services that SmsCanal has agreed to supply to the User, as set out in the Service Order and Schedules.

III. CHANGES AND AMENDMENTS

1. SmsCanal expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.

2. Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.

IV. USER REGISTRATION

1. SmsCanal will open a registered user account for the User when the registration is completed. The User selects a username that will be identified with his account. He will also be able to select a password to access his username. The User’s username and password are hiscredentials to give him access to the Services that SmsCanal provides. He must provide complete and accurate information about himself. He must be legally competent to enter into contracts. The User agrees to keep this information up to date. The User may not have a username that is vulgar, attempts to impersonate another person or violates the rights of others. SmsCanal also may reject any username that determine in her discretion is unacceptable for use on the company’s services.

2. By registration of the account the User entitles SmsCanal to sent to his e-mail address indicated during registration all the information connected with the agreement or its execution as well as with functioning service.

V. EXCLUSION OF LIABILITY

1. SmsCanal does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems. Also does not and cannot guarantee that the services will not be uninterrupted, timely, secure or error-free. So SmsCanal shall not be liable to the Client for any damages.

2. SmsCanal shall exercise the reasonable care and skill of a competent telecommunications operator. The Service cannot be guaranteed to be fault free but SmsCanal shall provide the same quality of service to the User as it provides from time to time to its Users generally.

3. No advice or information, oral or written, obtained by the User from SmSCanal, shall create any warranty.

4. The User shall indemnify and keep indemnified SmsCanal against all or any claims and associated costs, fees damages or expenses made by any third party as a consequence of any breach by or other act or omission of The User under or in relation to this agreement.

5. The User shall be solely responsible for, and shall indemnify SmsCanal in respect of, the quality and content of The User’s Service and shall ensure that it complies with all applicable laws and regulations

VI. OBLIGATIONS OF THE USER

1. The User must ensure that the content of messages not violate or infringe upon the rights of any person; not violate laws or regulations;  is not offensive, abusive, threatening, indecent, defamatory, unlawful; not  give rise to legal consequences; not cause annoyance or inconvenience to any person; not transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by SmsCanal or mobile phone users; is compliance with the laws and regulations applicable in the place of sending or in the place to witch the message is sent.

2. The User shall not utilise and shall ensure that no other person uses the Service, for storing, reproducing, transmitting, communicating or receiving any unsolicited content (spam) whether for commercial or non-commercial reasons.

3. The User undertakes that it will not use the services for any illegal, fraudulent,  immoral, or improper purposes or in any other manner which contravenes any third-party rights, any laws or regulations or in any way which is indecent or offensive or in any way that could be considered as spam, and undertakes not to allow any third-party to do so.

4. The User shall, prior to the commencement of the SMS, notify SmsCanal in writing as to the general content of the User’s Service and shall provide any other information reasonably requested by SmsCanal.

5. The User shall ensure that the User’s Service and its content is of a high quality and is advertised, promoted, operated and presented in a manner so as not to bring or be likely to bring SmsCanal’s or an Associated Company’s network and name into disrepute. SmsCanal’s opinion in this regard shall be final and binding.

6. The User is strictly liable for, any costs, liabilities or expenses incurred by the User arising from the breach of these terms and conditions

VII. Prices -  Payment Options

The prices and the payment options appear in SmsCanal’ site.

VIII. Breach of terms and suspension of the service

1. SmsCanal may at any time suspend the Service or any part of it, without liability in order to vary the technical specification of the Service, or to comply with any relevant law or regulation or direction from a competent authority, or to repair, maintain and improve the Service.

2. If SmSCanal, believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion. In this case SmSCanal, may immediately terminate any account on any Service and terminate this agreement.

IX. Confidentiality

Any information, whether communicated orally or in writing or any other form, which relates to the business of SmsCanal including, without limitation, any information relating to products, Users, pricing, policies, methods, business plans and strategies, technical processes and financial affairs, in all cases whether expressly stated to be confidential or not, shall be and remain the property of SmsCanal. User agrees to keep all this information confidential.

X. Data protection - Intellectual property

1. User’s personal data will be saved and processed as far is necessary for the service.

2. User agrees that all trademarks, trade names, service marks and other logos and brand features, and product and service names witch appear in the website  are the property of SmSCanal or third parties

XI. Applicable law

These terms and this disclaimer and any claim based on use of information from this website shall be governed by Bulgarian law and submit to exclusive jurisdiction of the Courts of Sofia.