Terms of use

Following terms and condition ("Terms") apply to you as user/reseller ("you") of the site located at url http://www.despatchsms.com ("site") and the services available therein. Despatch sms gateway owns this site and services offered herein. In addition to these terms, you will also be liable to comply with such other terms and conditions that the company may require you to comply with. Company reserves the right to modify these terms at any time at its sole discretion. you are advised to check for any modifications to these terms made time to time. Your continued use of this site after any amendment will constitute your binding acceptance to the modified terms.

    • Definition

      Customer :Means a mobile subscriber who receives an SMS message from you (as user of services) and who is also a customer of your products and services and who have given their consent to receive promotional messages from you.
      Services : Means Bulk sms service, or any customization and branding thereof.
      SMS : Means short message service.
      Bulk sms service : Despatch sms gateway service enable you, as a user of service to send messages in bulk.
    • Limitation on service

      You may send messages in bulk to your customers using the service. Despatch sms gateway may provide access to the service through a web-faced interface, a desktop application, a plug-in or through any other mode. Despatch sms in its sole discretion may withdraw or limit the service or any features thereof as it may deem fit. All SMS messages sent through the services will be stored and transmitted through our network.

      As a reseller of service, you may be

      • Provided with a readymade white-label website under your brand name, through which you may sell the services to a user in accordance with these terms.
      • Able to create and manage templates.
      • Able to on-the fly sender name requests and approvals.
      • Able to personalize your website with logo, banner and a web address (domain name) of your choice, subject to availability.

      As a user of service, you will be

      • Able to send SMS in bulk to your customers as part of group messaging through our services.

You will be responsible to :

  • Maintain the security and integrity of services and the site.
  • Purchase your own domain on which you will host your website.
  • Comply with these terms and any directions issued by despatch sms gateway from time to time.
  • Safeguard any user ID and password allocated to you. you shall be solely liable for all acts, authorized and any use/misuse of the user ID and password and any actions occurring under your account, which shall be deemed to be made by you.
  • Comply with all relevant legislations and any directions issued by a governmental or statutory authority, which applies to the provisioning of services to your customers, including but not limited to directions and guidelines issued.
  • If you are a reseller of the service, you will be required to enter into a definite agreement with despatch sms gateway. You will be required to comply with the terms of such agreement in addition to these terms.
  • In case you are appointed as a reseller of the service, you will be solely and personally liable for all acts and omissions of any user of service to whom you have provided access to despatch sms gateway servive. For avoidance of doubt, wherever in these terms you are required to comply with an obligation, you shall also ensure that a user of service to whom you provide access to the service also complies with such obligation, as if such user were you.

    You understand that there are inherent security risks associated with internet and other means of communications, therefore, any data  transferred through use of these communication means may be interfered with and accessed by unauthorized third parties. You, therefore, agree to employ all security means to protect such unauthorized interference and despatch sms gateway shall not be liable in any manner in this regard.

Prohibited acts and Guidelines

  • Illegal use :

  • Our services can be used for lawful purpose only. Transmission, distribution or storage of any material through service in violation of any applicable law or regulation applicable in Nigeria and any country of use is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and material that is obscene, defamatory, constitutes an illegal threat, and violates expert control laws or constitutes anti national activities. you shall not upload, post or otherwise make available using services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the Burden of determining that any material is not protected by copyright or you are either the copyright owner or have permission from the copyright owner. you shall be solely liable for any claims for damages arising or resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and always keep our company indemnified from such claims
  • Your Conduct :

  • You shall use service for lawful purposes only. You shall not post or transmit using services of any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any law or which, without the company express prior approval. you are prohibited from engaging in any conduct that restricts or inhibits other users from enjoying the services. you shall not use services to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become subscribers of other no-line information services which is competitive with the services
  • System and Network Security

    Violation of system or network security is prohibited and may result in criminal and civil liability. Despatch sms gateway will investigate incidents involving such violation and may involve/will corporate with law enforcement agencies if a criminal violation is suspected.

    Examples of system or network security violations include, without limitation, the following :

    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system network.
    • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempt to overload a system and broadcast attacks.
    • Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
    • Harassing or threatening transmissions.
    • Probing for means of gaining unauthorized access to computers or networks.
    • Introducing or causing to introduce any computer contaminant or computer viruses into systems or network.
    • Introducing or causing to introduce any pornography material, SMS etc.
  • SMS Delivery Guidelines

    It is a condition of use of services that you do not post or transmit or allow any unlawful, threatening, abusive, lebelious, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind through services, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. post or transmit any information, software or any other material, which violates or infringes upon the rights of others, including materials which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, which first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. you cannot use any sender Id to send sms other than your own name, or a company or firm name owned or managed by you. if you use a sender Id other than the one owned by you, your account shall be terminated and all credit will be set Zero. A formal complaint will also be lodged with the law enforcement agency.

    You shall register the sender ID (which shall not be more than 6 characters) before sending any sms. it requires 24 hours to register the sender ID. As you only have the complete control of the sender-ID (Alphanumeric or numeric) of the MT sms sent through Despatch sms gateway network, you agree not to misuse this facility. in case it is found that you are misusing this facility by sending a message on someone's name without their approval, it shall be treated as a breach of these terms and services will be terminated forthwith. It shall be your sole responsibility to comply with the obligations mentioned herein and Despatch sms gateway will in no way be responsible for any such messages and the subsequent fallout resulting there from.

    Sending unsolicited sms messages, including, without limitation, commercial advertising and information announcement, is explicitly prohibited.

    Despatch sms gateway has no control on the content of the sms sent and shall not be held responsible/liable directly or indirectly neither for the content of the sms sent nor any delay in delivery or non-delivery or for any error routed by company through company network.

    Despatch sms gateway shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problem, etc.

    You shall use the facilities provided by Despatch sms gateway for delivery of sms throughout the globe.

    You will not send unsolicited sms through (also referred to as spamming) to your subscribers. All sms sent by you using our network must conform to the relevant laws of the country of operation or similar provision as applicable in your country of operation. Any violation of terms of this clause will be your sole responsibility.

    Despatch sms gateway shall strive to deliver sms to customer immediately upon receipt from you. However we shall not be responsible for any delay, non receipt of sms or any other interruption in providing interconnection, which may occur due to technical reason or snags in the system, breakdown, maintenance shot down, breakdown of communication services and such interruption are beyond the control of Despatch sms gateway. However, we acknowledges that it will put in its best endeavors to achieve the best success rate in delivery of the sms messages so routed through our network.

  • Lenght of sms

    Single message size constitutes maximum of 140 characters in case of a CDMA sms and 160 characters in case of GSM sms including the header and footer submission to Despatch sms gateway network. In case the message is larger than aforementioned characters, single messages shall mean 134 characters in the case of CDMA sms and 153 characters in the case of GSM sms respectively.

  • Payment and Refund

    At payment

    • In consideration of Despatch sms gateway forwarding the sms through the services, you shall pay in advance the agreed amount per sms plus taxes ("fees") as applicable for sms sent by you or a user.
    • Despatch sms gateway shall charge for all the sms routed by us through its network, irrespective of the delay, incomplete message and non-receipt of the message by the respective customer to whom such sms has been forwarded. Company will notify any charge in tariff to you through the website. You shall be solely liable to communicate such changes to users, and collect from such users all charges payable to Despatch sms gateway.
    • The use of platform is available only on a pre-pay basis. you will purchase the pre-defined credits from Despatch sms gateway for your use. The number of mobile-terminated (MT) sms submitted by you or a user shall be counted for settlement.
    • Despatch sms gateway will charge taxes as applicable to the services.
    • Despatch sms gateway will accept the payment in Nigerian naira, Euro, Dollar or such other currency as it may specify on website from time to time. Presently Despatch sms gateway accept payment through bank transfer, Direct deposit transfer, Third party payment gateway and Cheque payable to the acount. you or a user will be solely responsible to comply with the terms of any third party payment service provider whose services company uses on the site to facilitate payment transactions.
    • Despatch sms gateway shall not be responsible in any manner whatsoever to you or to any other third party for delayed, incomplete, and non-delivery of sms due to technical reasons.
    • You will not send any unsolicited/objectionable message to your customers, which is in contravention of any regulations and guidelines issued by any international authority having jurisdiction.
    • You or users may not send any sms to a customer during the time or period in which restrictions are applicable as per customer's country's law. Despatch sms gateway may impose country specific time restrictions on the services, which may prevent delivery of any sms.
    • You are free to determine the nature of content of the sms, however, such content must not violate the restrictions imposed under these terms.
    • The fees payable for services are subject to change at the sole discretion of Despatch sms gateway.
    • Despatch sms gateway reserves the right to revise the fees, in case there is any change in/revision of IUC for inter-operator in fees shall be binding on you as per the directions issued by Despatch sms gateway.
  • No Refund Policy

    Before agreeing to these terms and starting any relationship with Despatchsms gateway, you are advised to test our services. Despatch sms gateway does not offer any refund of money at any stage or in any condition once you agree to these terms, unless otherwise agreed in writing by the company through a duly authorized signatory.

    Despatch sms gateway will provide you an option to purchase a non-refundable pack of 50 credits to test the quality of service. You may discontinue to use the service if you are not satisfied with the quality of service during such testing. In case you continue to use the service after exhausting the limit, it will constitute your binding acceptance to this No-refund policy, and shall also apply to a user to whom you provide access to Despatch sms gateway services.

    We Despatch sms gateway do not have any refund policy, funds or payment transferred to us will never be refunded. So kindly test our services well before making any bigger transactions.

  • Report

    You will be provided with real time reporting for sms sent by you through the service. For the purpose of calculation of fees, Despatch sms gateway will use the data available at company Network, which shall be final and binding on you.
  • Terms and Termination

    These terms shall come into force upon your acceptance of these terms and shall remain in effect unless terminated earlier in manner provided below:
    • Despatch sms gateway may terminate your account at any time for any reason by giving 24(twenty four) hours advance written notice to you.

      Despatch sms gateway may terminate your account forth with or without any notice in the event;

    • You commit a material breach of these terms, and if capable of remedy, you fail to remedy the breach within 15(fifteen) days of notice from the company in this regard. Non-payment of fees by due date shall be considered as a material breach of this terms.
    • You shall enter into a voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver appointed over all or any of your assets, or face any similar action in any jurisdiction.
    • You have committed a fraud or are in breach of any legislation, regulation or direction issued by Government or any regulatory body.
    In addition to the above, company, without incurring any liability on its part may restrict your right to send sms to certain countries or through certain operators, in the event, it is required by any Government roles, guidelines or regulations; Company's relations with concerned operators/service providers is terminated/suspended, a force majeure event occurs, or for any reason, which in the reasonable opinion of the company mandates imposition of such restriction.
  • Consequences of Termination

    • You shall immediately stop using the services, the site and company's IPR, including but not limited to any domain name, logo, text, images, banners, etc.
    • The termination of these terms shall not relieve you from any obligations that accrued prior to date of termination.
  • Intellectual property Right

    You acknowledge and agree that Despatch sms gateway and its lisencors, own all legal right, title and interest in the company's website, Domain names, Trademarks, copyright, service, including any intellectual property rights which subsist therein. unless company has authorized you in writing, nothing contained in this terms gives you a right to use any company's trade names, trademarks, logos, Domain names, and other distinctive brand features.
  • Warranty

    You warranty and represent that you shall comply with all the applicable laws and regulations including without limitation laws relating to data protection, privacy, advertising, intellectual property, SPAM, etc. while performing your obligations under the agreement. You further warranty and represent that you shall use the service, only in the manner permitted by the company and shall not use the platform that will result in any claims against right infringement.
  • Disclaimer

    Despatch sms gateway does not give any warranty, Express or implied, with respect to services, their error-free functioning and continued availability, As it is dependent on external factors and third party service providers, Company does not warrant that its hardware or software (Technology) will be free from fault. Error, viruses or other defects or that security methods employed by the company will be sufficient regarding correctness, accuracy or Reliability of the services. Despatch sms gateway shall not be liable in any manner whatsoever, if you are unable to send any sms due to wrong/invalid telephone number or due to any technical reasons.

    Company merely acts as an independent facilitator of services and does not control the content of any sms which you or your customers send through service; therefore, company disclaims all its liabilities in respect of the content of such sms and the violation of any legal obligations in respect of such sms by you or your customers.

  • Indemnification

    You agree to defend, indemnify and hold harmless the company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of or in relation to, including but not limited to :
    • The use of services by you or a user or anyone else, who has been appointed by you to manage the service.
    • The violation of these terms including violation or breach of any obligation by you or your affiliates, users, customers, subscribers, agents, employees, Directors, managers, authorized representatives, etc.
    • Breach of any intellectual property right or proprietary right of any third party by you or your affiliates, users, customers, subscribers, agents, employees, Directors, managers, authorized representatives, etc.
    • Any content or information sent through sms using the service.
  • Limitation of Liability

    Despatch sms gateway shall not be liable to you for any indirect, consequential or special damages or economic loss which shall include loss of profits, infringements on data, business, contracts, revenues, commissions, goodwill or anticipated saving even if the same are foreseeable.

    Nothing in this section shall exclude or limit the liability for death or personal injury resulting from the negligence of a part.

    Notwithstanding anything contained in these Terms, in no event company shall be liable to you or to any of your users or to customers.

    1. In excess of 10% of the amount it has actually received from you, in previous three months period, in relation to any or all cause of action.
    2. For any direct incidental, punitive or consequential damages of any kind whatsoever.
  • Privacy

    Despatch sms gateway respect your privacy and will keep your personal data in strict confidence and shall not use it beyond the scope of this agreement without your written consent.
  • Confidentiality

    "Confidential information" shall mean all information disclosed orally or in writing by one party (or its parents, subsidiary or affiliated parties) to the other and which is clearly identified by the disclosing party at the time of disclosure as confidential information of the disclosing party, or which would reasonably be deemed to be of a confidential or proprietary nature. Each party shall safeguard confidential information utilizing the same degree of care it utilizes in protecting its own confidential information. The obligations of the recipient of confidential information set forth in this section shall not apply to the extent that.
    • Such confidential information becomes generally available to the public other than as a result of unauthorized disclosure by the recipient or persons to whom the recipient has made the information available.
    • Such confidential information has been released without restriction by the disclosing party to another person or entity.
    • Such confidential information was received by the recipient on a non-confidential basis, prior to receipt from such party from a third party lawfully possessing and lawfully entitled to disclose such information.
    • The recipient may disclose confidential information pursuant to any judicial or government request, requirement or order. The recipient shall, however, take reasonable steps to give the disclosing party sufficient prior notice to contest such request, requirement or order. Confidential information shall remain the property of the disclosing party and shall be returned to the disclosing party or recipient shall keep the information confidential for a period of one year after the termination of this agreement.
  • Force Majeure

    Neither party shall be liable for any failure of or delay in performance hereunder due to cause beyond its reasonable control, including, but not limited to :
    • Fire explosion, vandalism, cable cut, storm or other similar catastrophes.
    • Non-availability of Despatch sms gateway network or internet.
    • Any law, order, regulation, direction, action or request of the government, including state and local government having jurisdiction over either of the parties or other instrumentality of such government.
    • National emergencies, riots or wars, strikes, lock outs, work stoppages or other labor difficulties. If any event of force majeure continues for a continues period of 30 (Thirty) days, the non-defaulting party may, by written notice to the party, immediately terminate this agreement.
  • Assignment

    You shall not be entitled to assign/transfer your rights, liabilities, benefits and obligations under these Terms without written consent of the company. Any porported assignment or transfer in breach of this provision shall be void.

    Despatch sms gateway shall be entitled to assign/transfer its right, liabilities, benefits and obligations under these terms, to its associates, partners, group companies, subsidiaries, holding companies and/or any other third party/person/entity, etc as it may require.

  • Law and Jurisdiction

    These terms and services hereunder, shall be governed by the law of Nigeria and country of user/reseller. Any disputes and differences arising under or relating to these terms shall be resolved by arbitrations of Despatch sms gateway.
  • These terms shall not be amended except by an instrument in writing executed by Despatch sms gateway.
  • This agreement supersedes and merges all prior agreements, promises, undertakings, statements, representations, warranties, covenants and inducements to the making of this agreement relied upon by either party herein, whether written or oral and embodies the parties complete and entire agreement with respect to the subject matter hereof.
  • Nothing in this agreement is intended to confer any rights or remedies on any third party.
  • The failure of company to enforce or insist upon compliance with any of the provisions of these terms or waiver thereof in any instance shall not be construed as a general waiver or relinquishment of any provision of these terms.