At the onset, let us thank you for your continued patronage with maxsms.co.in for years.
As you may already be aware, the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications(DOT) have
released a new regulation which states that all promotional messages submitted will be
charged an extra termination charge @ 5ps + taxes effective 1800 hrs IST 25th October 2011.
To comply with the new regulation, we are left with not many options but to pass on the same to our valuable customers. Therefore we are introducing a new CREDIT SYSTEM in our panel named Termination Credits, the cost of which would be 5 ps+ taxes per credit. The existing credits can be used only if you have adequate Termination credits in your account. You will also have the privilege to transfer the existing credits to Termination credits by matching the applicable rates by deducting credits equivalent to 5 ps + tax from your existing credit.If this sounds a bit confusing for you,
please get in touch with your account managers who will be more than happy to guide you through the entire process.
As you might be aware by now, Telecom Regulatory Authority of India (TRAI) has issued a new regulation which after multiple delays and updates, is due to go into effect on September 27, 2011. These regulations are designed to put an end to unsolicited commercial communications (UCC) to subscribers of National Do Not Call (NDNC) register, now enhanced and renamed as National Customer Preference Register (NCPR). Although the regulation is aimed to significantly curb UCC, it brings a positive change to the industry by allowing full access to the NCPR/DND database to registered telemarketers and easy registration/deregistration process etc. Having said that, I would like to bring your attention to a few things which will change the way we have been doing business until now.
Bulk Messaging has been divided into two categories, namely Transactional and Promotional.
Definition of Transactional Messages
Information pertaining to the account of its customer sent to the customer by a licensee or Bank or financial institution or insurance company or credit card company or depositories registered with Securities and Exchange Board of India or Direct to Home Operators.
Information given by Airlines or Indian Railways or its authorized agencies to its passengers regarding travel schedules, ticket booking and reservation.
Information from a registered educational institution to its students or their parents or guardians.
Any message transmitted by or on the directions of the Central Government or State Government, TRAI or any agency authorized by TRAI, or on the directions of bodies established under the Constitution.
Only messages with the above nature will qualify as transactional message.
Definition of Promotional Messages
Messages which do not qualify as transactional messages are Promotional, until TRAI appends the existing Transactional List with further categories.
Promotional Messages will be DND Scrubbed i.e. messages will not terminate on DND numbers except for NCPR (based on customers preference)
Transactional Messages will NOT be DND Scrubbed i.e. messages will be terminated on DND numbers.
Promotional Messages will be delivered from 0900 hrs to 2100 hrs only.
Transactional Messages will be delivered 24 x 7.
Promotional Messages will have Unique sender IDs based on the categories as listed in NCPR. Categories are as follows:
Banking/Insurance/Financial products/credit cards
Consumer goods and automobiles
Tourism and Leisure
None of the above categories
Promotional Sender IDs will be in the format of XY-1ZZZZZ where XY stands for Operator Code with Area Code, eg. TD, BL, LM etc; 1 stands for the category as listed in NCPR; and ZZZZZ stands for the 5 digit code provided to the telemarketer by the Access Provider. No other types of sender IDs will be used including dynamic sender ID, Numeric Sender ID etc. Customers of maxsms.co.in will be privileged to use the multiple sender IDs that has been allotted to maxsms.co.in by different operators.
Transactional Sender IDs will be in the format of XY-ABCDE where XY Stands for the operator code with area code and ABCDE stands for a 5 digit Alpha-Numerical code as desired by the customer.
Violation of the above regulation will attract incrementing penalties starting from Rs. 25,000 to Rs. 2,50,000 and blacklisting for a period of 2 years thereafter.
The above regulations are welcomed by maxsms.co.in and it gives us immense pleasure to let you all know that we are all geared up to go ahead with the regulations as all the required amendments have been made at our end and we have successfully tested the same. Customers of maxsms.co.in will be given the privilege of selecting the category at their end and initially a verification will be made at our end to ensure that the same falls in the right category. For the time being, considering the huge risk that revolves around terminating messages to DND/NCPR, we have opted to completely avoid sending messages to DND regardless of the NCPR. Transactional messages, however, will be terminated on DND numbers. Real time DND scrubbing will be done at our end and real care will be taken regarding the time window, which means peace of mind for our customers. Our feature rich - future ready panel will continue providing the best service in the industry, with complete adherence to the present regulation and/or any future regulations to come.
Please get in touch with your account manager at maxsms.co.in or our Support team for further clarifications that you might need regarding this. Thanking you once again for your esteemed patronage with us.
This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under maxsms.co.in Service agreed by you.
The usage of the service is limited under all the terms & conditions herewith published.
This agreement shall be governed by the rules and regulations of the authorities of the government of India.
Please read this agreement carefully.
All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.
SERVICE USAGE POLICY
You agree to abide by all applicable local, national and international laws and regulations.
You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service.
The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM maxsms.co.in.
The utilization of the SMS service is subject to the following Terms of Service.
Any illegal use of the SMS service is strictly prohibited.
Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this.
TEAM maxsms.co.in does not assume any liability for the content of messages sent.
TEAM maxsms.co.in will be exempt from any claim that may arise from third parties as a result of message content.
You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin).
You accept that the service is provided for professional use only and you agree not to use it to:
Promote alcohol, music, dancing, dating, gambling or deception.
Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
Harvest, or otherwise collect information about others, without their consent.
Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
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.
Interfere with others use and enjoyment of the service.
Engage in any other activity that Team maxsms.co.in believes could subject it to criminal liability or civil penalty/judgment.
You acknowledge that TEAM maxsms.co.in delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed.
SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by its subscribed mobile network provider.
You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.
TEAM maxsms.co.in neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While TEAM maxsms.co.in makes every effort to deliver messages promptly.
TEAM maxsms.co.in doesn't refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors.
TEAM maxsms.co.in debits transmitted SMS messages according to its transmission logs.
These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAM maxsms.co.in has produced evidence of a technical problem or error.
TEAM maxsms.co.in reserves the right to exclude you from using this service, refunding you any remaining amount in your account.
All purchases must be considered as final, in compliance with our no refund policy.
The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.
You under take the whole responsibilities regarding the messages sending through maxsms.co.in services from your account, which are transmitted as per your request.
You shall indemnify and reimburse TEAM maxsms.co.in all liabilities, costs, losses and damages, in case of any claim brought against TEAM maxsms.co.in from any third party due to breach of contract.
By registering to maxsms.co.in I agree to receive promotional SMS, email, voicecalls send from maxsms.co.in.
The Number of Credits can be re calculated based on the Changes inquiring to the cost of SMS imposed by various operators. The type and number of credits can be modified /deleted or added and this shall be the sole discretion of the maxsms.co.in.
LIMITATION OF LIABILITY
Whilst we will take all reasonable steps to deliver your messages to recipients as
fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times
depend on various network and system-related factors among the various entities involved
in the transportation of your messages across the cellular mobile networks.
Furthermore, delivery reports and the originator are operator dependant features and so it
is not possible for us to give 100% guarantees for their availability. We recommend that
tests should be conducted beforehand when these features are considered to be of high
You acknowledge that as we send and receive text-messages via major telecommunications
companies and Mobile Network Operators, our influence over the transmission of your messages
is within the technical constraints imposed upon us.
Our responsibility is therefore to ensure that the text-messages you send through the service
are processed correctly and delivered to the assigned entity. We are not responsible for the
final delivery of the message, as this is out of our control and is the responsibility of
the Mobile Network Operator.
SMS that cannot be delivered within the life span allocated to them, either by us or a Mobile
Network Operator will be discarded by the Mobile Network Operator, without any notice. We are
not liable for any loss incurred by the failure of a message to be delivered and you acknowledge
that damages for financial or other loss resulting from delivery failure cannot be claimed from
Team maxsms.co.in.Furthermore, you agree that message contents are deemed to
have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of
mobile phone communications, including SMS delivery, by third parties is possible. We also
recommend that you ensure sensitive and valuable information is communicated by a number of
Furthermore, use of the service and the Internet is at its own risk and that the service is
provided "as is" and "as available", without any warranties or conditions whatsoever, expressed
or implied. We will use all commercially reasonable efforts to make access to the service available
through the required access protocols, but make no warranty or guarantee that you will be able to
access the service at any particular time or any particular location. Without limiting the generality
of the terms set forth, we and our affiliates, agents, content providers, service providers, and
Hereby disclaim all express and implied warranties as to the accuracy, completeness,
non-infringement, merchantability or fitness for particular purpose of the service generally, and
any content or
services contained therein, as well as all express and implied warranties that the operation of the
service generally and any contentor services contained therein will be uninterrupted or error-free.
Shall in no event be liable 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; you agree to indemnify us for any third party claims arising from
such failures, delays or interruptions in connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the provisions outlined above are for
the benefit of Team maxsms.co.in 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.
MODIFICATION OF TERMS
We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.
Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.
If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account
Our terms and conditions are subject to change according to TRAI rules and regulations.