These Terms and Conditions have been substantively updated to take into consideration changes in legislation and regulations applicable to our business in Nigeria.
These terms and conditions govern the legal relationship between ‘Peak BulkSMS’ and its Users.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF ‘Peak BulkSMS’ TO YOU AND THAT INDEMNIFY ‘Peak BulkSMS’ AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
2.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“‘Peak BulkSMS’” means the legal entity with whom you contract for the provision of the Services; “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by ‘Peak BulkSMS’; “SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process; and “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website.
2.2 Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
2.3 Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
2.4 Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
2.5 To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3.1 Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3 You may not use the Website or the Services if you are not of a legal age to form a binding contract with ‘Peak BulkSMS’.
3.4 Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
3.5 ‘Peak BulkSMS’ reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefore. ‘Peak BulkSMS’ also reserves the right to cancel orders in whole or in part in ‘Peak BulkSMS’’ sole and absolute discretion.
4.1 ‘Peak BulkSMS’ 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.
4.2 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.
5.1 ‘Peak BulkSMS’ shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. ‘Peak BulkSMS’ 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.
5.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event ‘Peak BulkSMS’ shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3 ‘Peak BulkSMS’ shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
5.4 Messages shall be deemed to have been delivered when ‘Peak BulkSMS’ has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
5.5 ‘Peak BulkSMS’ shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by ‘Peak BulkSMS’ for any reason other than breach by the User or discontinuance of a Service by a Network Operator, ‘Peak BulkSMS’ shall refund all monies already paid in advance by the User for any unused terminated Service.
5.6 Ordinary mobile terminated messaging services may be terminated by the User at any time.