This Agreement (hereinafter referred to as the “Agreement”) is an offer of “ROCK SOFT” S.R.L represented by General Director Bodarev Valeri., acting on the basis of the Charter, and is addressed to any capable person, hereinafter referred to as the client, on the conditions set forth below.
This Agreement is recognized as concluded from the moment of its acceptance by the client.
For the purposes of this Agreement, acceptance means the fact of payment for the SMS.MD service by the client.
Registration in a special form, posted at: https://partner.sms.md/login is an unconditional and unconditional acceptance by the User of the terms of this Agreement.
1.1. Software – the result of intellectual activity, service “SMS.MD”, the exclusive rights to use which belong to ROCK SOFT SRL Software is intended for organizing the sending of sms messages. A detailed description of the software functions is indicated on the SMS.MD Website. The software only supports the following browsers: Windows, Mac, Linux: Windows, Chrome, Firefox, Opera (Blink), Yandex.Browser latest version, Mac OS Safari latest version. iOS 10 and later: Safari and Chrome. Android 7 and older: Android default browser and Chrome.
1.2. Non-exclusive right of SMS.MD to use the software provided to the client by SMS.MD, with a restriction on the available set of Options and the term of use.
1.3. Option, or Additional Option – software function, the right of SMS.MD to use which is transferred to the client in accordance with the order made in the Control Panel.
1.4. Licensor’s website – Website https://sms.md/.
1.5. User – the end user of the software who has an account to log into the software and is authorized to configure pop-up notifications, collect data and view statistics using SMS.MD software.
1.6. Section Management – user interface for managing functions and software settings, available at https://partner.sms.md/
1.7. Tariff – the cost of using the software, determined by SMS.MD and posted on the SMS, MD Website. The client uses SMS.MD software according to the Tariff , and can be changed unilaterally by SMS.MD.
2.1. The subject of this agreement is the transfer to the client of non-exclusive rights to use the SMS.MD software by providing access to the personal account.
2.2. The client has the right to use the software in the following ways:
2.2.1. Access the software around the clock, except for the periods of technical work;
2.2.2. Use all the functionality of the software indicated on the sms.md website, subject to the limited set of Options;
2.3. The client is not entitled to transfer the right to use the software to third parties.
3.1. SMS.MD is obliged to provide the client with a non-exclusive right within 5 working days from the date of receipt of payment for the mailing.
3.2. The Client is obliged to use the Software only in the ways provided by this Agreement and in accordance with the restrictions determined by SMS.MD.
3.3. The client is provided with technical support regarding the use of the software during the entire period of validity. Support is provided by e-mail [email protected] and in the chat on the website https://sms.md/
3.4. SMS.MD may carry out technological breaks in the provision of access to the software, which are considered as providing access to the software in a regular mode and are not the basis for recalculation of the amounts paid by the client. Technological breaks can also be carried out to update the software functionality. Technological breaks do not exceed 4 hours in one calendar month and are held at night (from 23:00 to 06:00).
4.1. During the term of this Agreement, SMS.MD undertakes:
4.1.1. not to modify the software source code;
4.1.2. not to modify the appearance of the software user interfaces, except for the means of modifying the appearance provided in the Management Section.
4.2. SMS.MD has the right to change the Tariff for the purchase of new SMS without prior notice to the client.
4.3. SMS.MD has the right to update the software, change the set of functions, appearance and logic of the software without prior notice.
4.5. SMS.MD reserves the right, at its sole discretion, without notifying the client and without giving any reason, at any time to restrict or completely block the client’s access to the software, with subsequent refund within 5 (five) business days to the client of a part of the cost of the unused funds. SMS.MD does not reimburse the client for losses, lost profits and / or other expenses associated with blocking access to SMS.MD software.
4.6. SMS.MD reserves the right to use any information, client materials posted in the public domain on pages on the Internet, as well as mention, links to such materials, client sites, for commercial purposes, marketing purposes and other purposes not prohibited by law , except for the cases when a written objection has been received from the client to such use, mention, link and / or other ways of using materials, SMS.MD sites.
5.1 To gain access to the SMS.MD software, the client shall register in the Section of the site https://sms.md/. The client pays SMS.MD a fee for the opportunity to send sms in accordance with the Tariff https://sms.md/prices/.
5.2. In case of payment through payment systems, funds are added to your personal account within 24 hours.
5.2.1 In case of a request for payment based on an invoice, the selected tariff is displayed in Appendix No. 1 to this offer agreement.
5.3 The Client can independently terminate in the Management Section, no later than 8 days before the end of the paid period.
5.4. 7 days before the account is deleted, SMS.MD automatically debits funds.
5.8. The client pays the issued invoice by transferring SMS.MD 100% of the amount indicated in the invoice. The invoice is issued by SMS.MD independently in the Payment section of the personal account https://partner.sms.md/.
5.9. SMS.MD undertakes to transfer the right to actively use the software (sending messages), within 3 days, from the date of receipt of payment by the client to the account of SEMSEO SRL.
5.10. If, within 10 (ten) days from the date of payment, the client has not received the funds in the personal account, the client contacts SMS.MD by email.
5.11. The client has the right to refuse to use the software and demand a refund of 100% of the amount paid under this Agreement within 10 (ten) days from the date of payment. After the specified period, no refund will be made.
6.1. For non-performance or improper performance of this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Moldova.
6.2. SMS.MD does not compensate the client and / or third parties for losses incurred in connection with the use and / or inability to use the software, disclosure of information to third parties in connection with the use of the software, and other losses directly or indirectly related to the use and / or inability to use Software, including (but not limited to) lost profits.
6.3. The client is responsible for the compliance with the current legislation of the information transmitted by SMS.MD using the SMS.MD software. In the event of third-party claims to SMS.MD related to the content of the transmitted information, the client independently and at his own expense undertakes to settle such claims, as well as to reimburse SMS.MD for the losses caused. In case of violation of clause 4.2 of the Agreement, the client is financially liable to SMS.MD and undertakes to reimburse in full legal costs, fines from regulatory authorities and other losses associated with violation of this clause.
6.4. In the event of violations of the current legislation and in the presence of appropriate orders from law enforcement and other authorized state bodies and officials, SMS.MD reserves the right to restrict the Licensee’s access to the software by sending the client a written notice.
6.5. The client uses the software at his own risk. The software is provided “as is”. SMS.MD does not assume any responsibility, including for the compliance of the software with the client’s goals.
6.6. Any information and / or materials (including downloadable software, files, letters, any instructions and manuals for action, etc.), access to which SMS.MD obtains using the software, the client can use at his own risk and the risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for damage that this may cause to third parties, for data loss or any other harm.
6.7. If the client commits spam mailing or carries out other actions for the purpose of spam using SMS.MD software and / or its tools, SMS.MD reserves the right to unilaterally and without prior notice terminate the Agreement with the client. The remuneration under the Agreement for the unused period is not refundable.
7.1. This Agreement enters into force from the moment the client accepts the terms of this Agreement and is valid for the period of availability of funds on the client’s balance.
7.2. The parties may terminate this Agreement by mutual agreement or on the grounds provided for by the legislation of the Republic of Moldova.
7.3. Either of the Parties has the right to unilaterally refuse to fulfill this agreement by notifying the other Party by sending a message 30 (thirty) days in advance by means of electronic communication.
7.4. SMS.MD has the right to amend the terms of this Agreement by publishing a new text of the Agreement on the SMS.MD Website.
7.5. If the client violates the terms of this Agreement, SMS.MD has the right to early terminate the agreement and immediately block access to the server without prior notice to the client.
8.1. The conclusion of this Agreement is considered by the Parties as an order given by the client to SMS.MD to process the client’s personal data, provided for in part 3 of Article 6 of Law 133 of 08.07.2011 “On Personal Data”. The purpose of processing personal data under this instruction is to ensure that the client can interact with his client base of phone numbers, as well as ensure client access to the SMS.MD software. In this case, the client instructs SMS.MD to carry out the following actions (operations) with personal data performed using automation tools: collection, recording, systematization, accumulation, storage, clarification (update, change) after the client makes changes, extraction, use, transfer ( distribution, access), blocking, deletion, destruction. Content and list of processed personal data: – full name; – E-mail address; – phone number; – position and others …
8.2. The client guarantees:
8.2.1. that when processing personal data, they have observed all the rights of subjects of personal data provided for by the current legislation of the Republic of Moldova in the field of personal data protection;
8.3. SMS.MD guarantees:
8.3.1. that in accordance with Article 19 of Law 133 of 07/08/2011 “On Personal Data”, he has taken the necessary organizational and technical measures to protect the personal data used within the framework of this order from unauthorized or accidental access to them, destruction, modification, blocking, copying, distribution personal data, as well as from other illegal actions in relation to personal data, in particular: • identification of threats to the security of personal data during their processing; • establishment of rules for access to processed personal data; • detection of facts of unauthorized access to personal data and taking measures to suppress them; • assessing the effectiveness of measures taken to ensure the security of personal data and control over the measures taken.
8.3.2. that when processing personal data under this Agreement, SMS.MD ensures that the requirements for the levels of protection of personal data established by the Government Decree of the RM 296 of May 15, 2012 “On approval of requirements for the protection of personal data when processing them in personal data information systems” are met.
8.4. SMS.MD undertakes to process the personal data received from the client within the framework of the current Agreement.
9.1. The Parties are exempt from liability for full or partial failure to fulfill obligations under this Agreement, if such was the result of force majeure circumstances, namely: DDoS attacks, fire, floods, earthquakes, sabotage, military actions or changes in legislation, if these circumstances directly affected the fulfillment of obligations by the certain agreement. In this case, the term for the fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances were in force.
9.2. The Client must, within ten days, by e-mail specified during registration, notify SMS.MD of the beginning and end of force majeure circumstances that prevent the fulfillment of obligations under this Agreement.
9.3. The client must within ten days by e-mail [email protected] SMS.MD about the beginning and end of the circumstances of force majeure that prevent the fulfillment of obligations under this Agreement.
9.4. If force majeure circumstances cause the impossibility of full or partial fulfillment of obligations under this Agreement for more than 3 (three) months in a row, then each of the Parties has the right to terminate this Agreement unilaterally out of court by sending a notification to the other Party 15 (fifteen) calendar days before the expected date termination of the Agreement.
10.1. If any of the terms or conditions of the Agreement is found to be invalid or unenforceable by any court or administrative authority of competent jurisdiction, this will not affect the validity or enforceability of any other terms or conditions of the Agreement that remain in full force after that, unless otherwise provided by the legislation of the Republic of Moldova.
10.2. Everything that is not regulated by this Agreement is regulated in accordance with the legislation of the Republic of Moldova.
10.3. By accepting the terms of this Agreement, the client agrees to receive newsletters at the e-mail addresses and phone numbers specified during registration on the website and in the software.
10.4. The terms of this Agreement apply, unless otherwise provided by written agreement of the parties.
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