This Agreement regulates the terms and conditions of using Vertex SMS messaging platform and is entered into by User and Vertex UAB (hereinafter jointly referred to as Vertex), located at Upes 5, 09308 Vilnius, Lithuania (hereinafter jointly referred to as Parties).
By registering for or using the Vertex SMS messaging platform the User agrees having read and fully understood the Agreement. By registering for or using the Vertex SMS messaging platform the User also agrees having entered the Agreement and being bound by the terms in the Agreement regardless of the form of registration or using of the platform.
By entering the Agreement the User states being at least 18 years of age and having adequate legal capacity to enter into the Agreement. The User will use the SMS messaging platform only for lawful purposes, in accordance to the Agreement and the instructions provided on the website http://www.vertexsms.com (hereinafter jointly referred to as"Websit").
In order to use the SMS messaging platform the Service Provider, Vertex may ask for some information from the User (company name, contact information etc.). The User states that all the information provided to Vertex is current complete and accurate to the best of the User`s knowledge.
Vertex reserves the right to suspend or stop any Users from using the SMS messaging platform in case the information provided by the User has not been current, complete and accurate.
In case the information provided to Vertex by the User should change the User is obliged to immediately notify Vertex.
The User does not circumvent or attempt to circumvent the user authentication systems used by Vertex.
The User is entirely responsible for all payments and activities which occur while or as a result of using the Service of SMS messaging.
The User is liable for any damages, losses or costs that Vertex or any third party sustains as a result of the User using the SMS messaging platform.
The User is also liable for any damages, losses or costs that Vertex or any third party sustains as a result of a third party using the SMS messaging platform with the User`s password, account name or account information. Therefore the User is responsible for maintaining confidentiality of passwords and any information regarding the SMS messaging platform or the Users personal account.
The User is to immediately notify Vertex (firstname.lastname@example.org) of any unauthorized use of the User`s password or account of which the User is aware of.
The User acknowledges that all messages sent using the SMS messaging platform are transmitted in an unencrypted format.
Vertex collects information from User when User registers on the website, places an order or fills out a form. When ordering or registering on the website, as appropriate, User may be asked to enter his: name, e-mail address or credit card information. User may visit the website anonymously.
Any of the information Vertex collects from User may be used in one of the following ways:
Vertex implemented a variety of security measures to maintain the safety of users personal information when user place an order or enter, submit, or access personal information.
Vertex offers the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into Vertex Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, Users private information (credit cards, social security numbers, financials, etc.) will not be stored on Vertex servers.
Cookies are small files that a site or its service provider transfers to users computers
hard drive through Web browser (if user allow) that enables the sites or service providers
systems to recognise users browser and capture and remember certain information.
Vertex do not sell, trade, or otherwise transfer to outside parties user personally identifiable information. This does not include trusted third parties who assist Vertex in operating its website, conducting its business, or servicing user, so long as those parties agree to keep this information confidential. Vertex also releases users information when believes release is appropriate to comply with the law, enforce the website policies, or protect company`s or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, Vertex may include or offer third party products or services on the website. These third party sites have separate and independent privacy policies. Vertex therefore has no responsibility or liability for the content and activities of these linked sites.
The User agrees to receive communications from Vertex of any updates, upgrades, notices or other information that Vertex deems important for the User to know and which are related to the SMS messaging platform. Such communications do not constitute as spam. The User has a right to ask Vertex to stop providing such communications at any point of time.
Vertex may use and publish the User`s name and logo in marketing materials. The User may use the trade names, trademarks, service marks, logos or domain names of the SMS messaging platform or Vertex as long as such use is in compliance with this Agreement.
Selected staff members of Vertex are authorised to do random monitoring to ensure that messaging complies with Vertex`s terms and conditions.
Vertex protects your privacy on systems and websites that Vertex controls to the best of it`s abilities.
Vertex is however not liable for any unauthorised or unlawful disclosures of the User`s personal information by third parties who are not subject to Vertex`s control (advertisers and websites that have links to the Website of the SMS messaging platform).
Under any circumstances is the User not to transmit any messages using the SMS messaging platform which are
The User is to immediately notify Vertex of any such prohibited messages sent using the SMS messaging platform.
As a result of prohibited messages being transmitted using the SMS messaging platform, Vertex may at its discretion temporarily suspend the account which has been used to send such messages until the matter is resolved to the satisfaction of Vertex. In extreme cases Vertex can also terminate such account and the Agreement with the User related to the account.
In the instance of any fines being levied against Vertex as a result of prohibited messages having been sent using the SMS messaging platform, the User responsible for sending such messages or owning the account used to send such messages is held liable to pay each fine in its entirety.
The User is to pay Vertex at the applicable rate (without limitation) for charges for all of the submitted messages, applied service fees and any applicable Value Added Tax.
All charges are payable in advance - the User cannot use the SMS messaging platform until all due payments have been received by Vertex.
Credit card information is not visible to nor accessible by Vertex. In case of credit card payments the User will be directed to a secure environment provided by the credit card payment operator.
Credit card payments can only be cancelled via application to the bank which has issued the credit card. The application must in this case include the reason for cancelling the payment.
Vertex makes no guarantees regarding the performance of the SMS messaging platform`s systems and those of the mobile operators.
This Agreement may be terminated with or without cause at any time by sending a written notice to Vertex (email@example.com). Vertex may investigate any activity that may violate this Agreement and may at any time in its sole discretion terminate this Agreement.
All of the terms in the Agreement and on the Website including the pricing are subject to change by Vertex at any time without prior notification.
Any such changes become effective immediately after being published by Vertex on the Website. For being informed of all such changes revising the Website and the Agreement regularly is strongly recommended.
By continuing to use the SMS messaging platform after the terms in the Agreement or on the Website have been published the User automatically agrees to being bound by such changed terms and pricing.
This Agreement is governed by the laws of Lithuania.
The User agrees that the English language version of the Agreement will govern the relationship between the User and Vertex. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations the English language version shall take precedence.
Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.