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Terms and Conditions

The following are the terms and conditions for use of the SMS.sg Service ("SMS.sg Service" or "the Service") by the Customer (hereinafter referred to as "the Customer" or "The Customer"). Please read them carefully.

IMPORTANT: BY PLACING SMS.sg PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE SMS.sg SERVICE THE CUSTOMER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE CUSTOMER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILL, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE CUSTOMER IS DEEMED TO HAVE ORDERED THE SERVICE, SMS.sg's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SMS.sg, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE CUSTOMER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY.

1. THE SERVICE

The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The Customer is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. All fees are payable upfront, prior to credits being activated.

SMS.sg makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. SMS.sg reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with 14 days notice. All fees paid to SMS.sg when such termination occurs are addressed in the sections below.

Messages shall be deemed to have been delivered when SMS.sg has delivered/sent the messages to the immediate destination that SMS.sg's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. SMS.sg does not guarantee delivery on behalf of Mobile telephone networks or other 3rd party SMTP servers involved.

SMS.sg lays no claims to its network coverage. Although SMS.sg focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of SMS.sg or its service providers' networks. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement and Singapore Law, SMS.sg grants the Customer an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the SMS.sg Service Agreement. The Customer will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to SMS.sg products and/or services. As between the parties, the Customer acknowledges that SMS.sg, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the Customer shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE CUSTOMER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account for usage of the Service, the Customer must complete the registration process by providing SMS.sg with current, complete and accurate information as prompted by the Registration Form. Inaccurate details will result in suspension. The Customer will also choose a password and an account name. The Customer is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the Customer is entirely responsible for any and all activities that occur under its account. SMS.sg will not be held liable to any third party claims and or actions taken with respect to services offered.

The Customer agrees to notify SMS.sg immediately of any unauthorized use of its account or any other breach of security.

4. MEMBER PRIVACY

It is SMS.sg's policy to respect the privacy of the Customer. SMS.sg will not monitor, edit, or disclose any personal information about the Customer or the Customer's SMS.sg account, including its contents, without the Customer's prior permission unless SMS.sg has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SMS.sg; (3) enforce this Service Agreement or protect SMS.sg 's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by SMS.sg; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the Customer or a claim by a third party that the Customer is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the Customer or others. SMS.sg's service transmits the Sender's name (From field) and/or email address with each message that the end-user sends. For more information, see SMS.sg's Privacy Policy.

The Customer agrees that SMS.sg may access its account, including its contents, as stated above or to respond to service or technical issues.

THE CUSTOMER HEREBY GRANTS SMS.sg THE RIGHT TO SEND THE CUSTOMER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT SMS.sg DEEMS IMPORTANT FOR THE CUSTOMER TO KNOW, RELATING TO THE SERVICE.

5. MESSAGE AND OTHER LIMITATIONS

SMS.sg assumes no responsibility for the deletion or failure to store information. SMS.sg has set no fixed upper limit on the number of messages the Customer may send through the Service apart from how many credits are left in the Customer's account; however, SMS.sg reserves the right, at its sole discretion, to determine whether or not the Customer's conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the Customer's conduct is found to be inconsistent with the Agreement. SMS.sg may, in the future, with prior notification, limit the amount of storage space available to each Member.

The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.

Although SMS.sg prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered".

Users who send SMS advertisments to recipients will have to tag their messages with an <ADV> label and provide an "unsubscribe" facility to let recipients stop receiving the messages.

6. MEMBER CONDUCT

Any unauthorized commercial use of the Service, is expressly prohibited. The Customer agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the Customer agrees not to:

6.1 Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

6.2 Harvest or otherwise collect information about others, including email addresses, without their consent;

6.3 Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

6.4 Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

6.5 Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

6.6 Libel, defame or slander any person, or infringe upon any person's privacy rights;

6.7 Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

6.8 Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

6.9 Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

6.10 Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or

6.11 Engage in any other activity that SMS.sg believes could subject it to criminal liability or civil penalty or judgment.

7. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

Fees. In consideration for the use of SMS.sg's services, the Customer shall pay to SMS.sg a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. SMS.sg may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect. All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to payment that is made within a reasonable time so as to allow SMS.sg to add the SMS credits to the Customer's account.

Payment. Transaction fees are due and payable at the time of or before SMS.sg delivers a message to the Customer's recipients via every method of delivery based upon the billing plan selected by SMS.sg. Payment shall be deemed to have been made as soon as the fee is available in SMS.sg's bank account.

Credit Card Payment. If the Customer has elected to pay for the Service by credit card, and SMS.sg does not receive payment from the credit card issuer, the Customer agrees to pay all amounts due, immediately upon demand by SMS.sg. All amounts are pre-paid and the Customer agrees to payment and the Terms and Conditions of such payment when such payment is made. SMS.sg reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer govern use of the Customer's credit card, and the Customer must refer to that agreement to ascertain its rights and liabilities as a cardholder.) The Customer is charged in ZAR and conversion rates are worked out once a day against the EURO. This may change the sales price due to currency fluctuations. The final purchase amount is the amount reflected on the Credit Card holder's statement.

Termination or Cancellation by the Customer. The Customer is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the Customer must carry out such termination in accordance with the policies and procedures established by SMS.sg, which will be posted in the Billing Information section or similar location within the SMS.sg web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to sales@sms.sg.

The Customer acknowledges that SMS.sg are dependant on various telecommunications networks and institutions for the delivery of its messages and that SMS.sg may adjust its prices and offering, should the prices be adjusted due to reasons which are not in SMS.sg's control. SMS.sg undertakes to notify the Customer of such adjustments in writing or announcement in the website, prior to implementing such adjustments. Should there be a cost increase AFTER the Customer has purchased message credits from SMS.sg, SMS.sg will give the Customer 14 days' notice of such an increase which will be applicable to such credits that are still in the Customer's message unit account. Within this notification period the Customer may decide to continue with the service and the said increase. Should the Customer's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message credits. Any message credits left unused for 4 months will automatically expire. Any account not in use or has not login for 9 months will deem discontinue of service and will be deleted. SMS.sg may extend this period on a case-by-case basis at its sole discretion.

Refunds for SMS message credits: The Customer can request a refund of monies paid to SMS.sg within 7 days of making any purchase of SMS message credits from SMS.sg, provided that the amount requested for refund is the same amount as message credits are left in the Customer's account, i.e. all messages sent will be subtracted from the Customer's account. There is a 10% charge on all refunds.

Refunds for branding fees, licenses, monthly administration fees, and any other fee that the Customer pays to SMS.sg which excludes all SMS message credit fees: no refunds will be made for any fees which are not related to SMS message credits.

Credit-based billing principles. SMS.sg are able to charge variable amounts of credits per message sent through its system. These variable amounts are published on SMS.sg's coverage pages from time to time, and SMS.sg charges the published rate when a message is sent through the system. The Customer may however select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message. The Customer understands that the number of credits to a specific destination network may change due to various factors, and that SMS.sg may adjust these rates whenever it deems it necessary to do so. Should the Customer not have selected a specific band or profile that supports delivery to a specific destination, the Customer understands and accepts that messages sent may not be delivered to such destinations. Conversely, should the Customer have chosen specific bands which support a higher credit rate per message, and is not aware that a specific route at the time of sending the message to SMS.sg will be charged at the said higher rate, the Customer accepts that he/she will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.

8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. SMS.sg frequently updates, modifies, and otherwise continually seeks to improve the SMS.sg services and products. Such changes often dictate that SMS.sg simultaneously modify SMS.sg's Terms and Conditions of Use. As such, SMS.sg shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the SMS.sg service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the Customer of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the Customer does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The Customer acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.

Termination, Cancellation and/or Suspension by SMS.sg; Disclosure of Information. This Agreement and the license granted here under may be terminated, canceled and/or suspended by SMS.sg at any time if, in SMS.sg's sole discretion, the Customer breaches these Terms of Service. Such termination, cancellation and/or suspension by SMS.sg shall be effective immediately upon notification by SMS.sg to the Customer in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, SMS.sg may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the Customer arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. SMS.sg reserves the right to suspend the Customer's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the Customer's status as being a SMS.sg Client, financial status of the Customer or the content of the messages originating from the Customer.

In the event that SMS.sg receives complaints from recipients or third parties with respect to the use of the Service, SMS.sg additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

Termination or Cancellation by the Customer. The Customer free to terminate or cancel this Agreement at any time, in accordance with Section 7(E).

Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Service Agreement, the Customer is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of SMS.sg (in whole or in part) where said suspension arises from the Customer's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the Customer agrees to immediately cease using SMS.sg and remove all SMS.sg software and applications on any computer, database, server (local or remote) in your possession or under its control. SMS.sg shall have no obligation to the Customer after any termination or cancellation of this Service Agreement, excepting point F below.

Financial obligations of SMS.sg upon Termination and/or Cancellation. Should the termination of services result in a situation where the Customer still has credits (or messages that are pre-paid) at any stage, the Customer shall receive back the monetary value of such credits in full, save any expenses that may be incurred by SMS.sg to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.

9. NO WARRANTIES OR LIABILITIES

GENERALLY. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT SMS.sg IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. SMS.sg WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SMS.sg AVAILABLE TO THE CUSTOMER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE CUSTOMER WILL BE ABLE TO ACCESS SMS.sg AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

Whilst SMS.sg will ensure that the service is reasonably available at all times, will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and make all upgrades to the SMS.sg API available to The Customer in a commercially reasonable and timely manner, the Customer acknowledges that SMS.sg cannot guarantee the availability of a Carrier's SMSC. Thus user expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that SMS.sg is provided "as is" and "as available" without any warranties whatsoever, express or implied. SMS.sg will use commercially reasonable efforts to make access to SMS.sg available to the Customer through the required access protocols, but makes no warranty or guarantee that the Customer will be able to access SMS.sg at any particular time or any particular location.

ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 9(A), SMS.sg and its affiliates, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF SMS.sg GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF SMS.sg GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO The Customer OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (The Customer AGREES TO INDEMNIFY SMS.sg PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);

WITHOUT IN ANY WAY LIMITING THE FOREGOING, SMS.sg SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY The Customer AND/OR The Customer ALLEGING LIABILITY.

HIGH RISK ACTIVITIES. THE SMS.sg SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF SMS.sg COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, SMS.sg AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, SMS.sg'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of SMS.sg and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

11. INDEMNIFICATION

The Customer agrees to indemnify, hold harmless, and defend SMS.sg and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The Customer agrees to cooperate as fully as reasonably required in the defense of any claim. SMS.sg reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer.

12. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the Customer does not have any authority of any kind to bind SMS.sg in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between SMS.sg and the Customer and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

13. SMS.sg API

SMS.sg offers the facility for individuals or businesses to connect to its server in order to facilitate text messaging directly to SMS.sg's Gateway. These terms do not exclude the aforegoing terms in this agreement.

13.1 SMS.sg reserves the right to approve clients and API connections at its sole discretion.

13.2 SMS.sg encourages the use and publicity of anti-spam policies.

13.3 The Customer will be supplied with a login and password and will need to specify what IP Address range the messages will be posted from. This will ensure that the connection is at all times secure from SMS.sg's side. Security measures over and above this will be the Customer's responsibility.

13.4 Although SMS.sg will provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without SMS.sg informing the Customer that it has changed. It is the Customer's sole responsibility to test the specifications thoroughly on a regular basis, as SMS.sg will not accept responsibility for specifications that may be incorrect or incomplete.
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