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Terms of Service

Terms of Service

last updated: May, 2021.

Introduction

The platform NSEMFUA (hereinafter "Service") owned by iNNERBiGMAN Co. Ltd, allows any user to fundamentally send text messages from a personal computer or mobile phone connected to the Internet, among others.
Access to and use of the Service is subject to these terms and conditions (the "Terms") that the user expressly agrees to when he/she signs up to the Service. The team of NSEMFUA reserves the right to modify these terms and conditions at any time with or without notice.

Definitions

In these Terms of Service, the following terms, unless otherwise specified, are the meaning given to them
User: The person or company who signs up, purchases and or uses services of NSEMFUA.
Login: All of the software and network resources allocated to a user who can use them in identifying with the username ("username") and password.
Service: Digital Communication Services, SMS online "NSEMFUA" and associated communication services.
Message: Alphanumeric text or content up to 160 characters per page, or beyond 160 characters, in multi-parting delivery to form number of pages as in telecom standards.
Content: All the information (personal data, phonebook, messages, etc) made ​​either by the user on the platform NSEMFUA.
Site: Implies the platform accessible on the Internet from the address www.NSEMFUA.com and associated sub-domains.

Description of Service

The Service allows users to send messages; basic short messages usually called SMS, and enhanced messaging options such as Voice SMS, Email-to- SMS, etc to their contacts, from the Website. To do this, a User will be assigned a personal space, where such activities can be performed.

Amendment of the Service

NSEMFUA reserves the right to change its services, particularly by providing new features, or changing, or removing some features from our serivces, as well as price modifications.

Registration (Sign Up) and Access

To benefit from the functionality of the Site, you must create an account using the online form provided for that purpose. You remain at all times free to modify the content of the personal data provided on this occasion. Moreover, as a contributor to the Site, it is your responsibility to ensure that the personal data that identifies you is accurate and reliable. Your account is created/ approved by ADMIN within a maximum 48-hours working of registration. Access to your account can be done by entering your username and password for which you alone are responsible for it's confidentiality.
Use of the Site following your registration is valid for for the life-span of your account. However, we reserve the right to terminate your account at any time, in case of violation of these terms. In case of non-compliance with the obligations of your responsibility, access to your personal space can be immediately and without notice, temporarily or permanently suspended by disabling your account.

Your Responsibility as A User

By sending messages through the site, you are required to comply with the laws and regulations governing the appropriate use of telecommunication systems. It is your responsibility therefore to ensure that the storage and distribution of your messages is not;

  • 1. a violation of intellectual property rights of others,
  • 2. a serious personal injury (including defamation, insults, etc.) and respect for privacy,
  • 3. a breach of public order and morality (including attempts to justify crimes against humanity, incitement to racial hatred, child pornography, etc.)..
  • 4. a SPAM or Fraudulent activity of any form to deceive anyone.

Given the community of the site and respect for the sensitivities of all, it is for the user to maintain good ethics about the messages sent and, in particular, refrain from posting any messages of a violent, deceptive, usurper or simply to induce recipients into error.

Site Availability

The site is in principle accessible 24/24h, 7/7d, except for interruption, planned or not, for the purposes of its maintenance or force majeure. Being made ​​subject to an obligation of means, NSEMFUA cannot be held liable for any damages, whatever their nature, resulting from the unavailability of the site.
Messages will be considered to be sent to mobile receivers, when transmitted to the operator(Mobile Service provider of the receipient). NSEMFUA does not guarantee delivery on behalf of the operator and shall not be liable for the fact of non-delivery of message(s) for whatever reason (for example; destination unreachable, travel, number changed, phone turned off, inbox full, etc...).

Limitation of Liability

NSEMFUA is held to an obligation of means and therefore cannot be held liable if it is proved that it did not put all its resources available to user to achieve the purpose of this contract. NSEMFUA and the user also recognize that, given the complex or dynamic nature of telecommunication networks and services, it may malfunction undetected or unidentified. This contract is concluded between the parties with full knowledge of the possible existence of such malfunctions.

Force Majeure

No party shall be responsible for a breach of its obligations hereunder if such failure resulted from an act, fact or event beyond its control, particularly as a result of force majeure and including such events as recognized by case law, and without limitation, strikes, wars, embargoes on imports or exports, "lockouts" accidents, fires, blockade, natural disasters, disruption , cuts and anomalies affecting the transmission through telecommunication networks, delays, suspensions or interruptions of service of mobile operators, order of the Telecommunications Regulatory Authority requiring the total or partial suspension of public GSM radio, power cuts or any other technical difficulty or malfunction of the Internet.

Financial Condition

Registration for the service is generally FREE and sending FREE SMS maybe a feature to text our SMS gateways. However, some account registrations may attract a signup fee, due to it's nature and initial requirements. The user who wishes to send SMS must obtain SMS credits from NSEMFUA. The pricing details are available on the site. A user must place an order for credit and make payment via any of oue acceptable means (e.i. bank, mobile money, online) for his/her NSEMFUA account to be credited.

Account/ SMS Credit Life-Span

SMS credits shall expire base on the kind of subscription and can be used without constraints only within the given timeframe. An expired SMS credit cannot be used. A User Account can also become INACTIVE if not in use over a priod of time. When an account becomes inactive, all remaining credits cannot be used again and lost forever. For an INACTIVE account, a renewed subscription can get it ACTIVATED again. However, we cannot guarantee access to old content in User's workspace to be available (i.e. SMS history, credit purchase history, contact list, etc.)

Suspension or Closure of A User's Account

NSEMFUA reserves the right, in accordance with the provisions contained herein, suspend or terminate operation of law on behalf of a user, without notice or compensation in the following cases:

  • a. The cases provided for in the Article "Your Responsibility as A User",
  • b. any act of piracy or attempted misuse of the information circulating on the network with the cause or source on behalf of the user
  • c. an act of piracy or attempted piracy equipment of NSEMFUA Network
  • d. information about the user as communicated during registration by the latter do not correspond to reality.

Given the community of the site and respect for the sensitivities of all, it is for the user to maintain good ethics about the messages sent and, in particular, refrain from posting any messages of a violent, deceptive, usurper or simply to induce recipients into error.

Applicable Law

If one or more provisions of these Terms are invalid or declared as such under any law, regulation or following a final decision of a competent of court, the other stipulations will retain strength and scope. The provisions declared null and invalid will be replaced by provisions which would be closest in content to the terms originally agreed. The parties will not be held liable or deemed to have breached these conditions, for any delay or failure when the cause of delay or non-performance is related to a case of force majeure as defined by the Judiciary of Ghana.

These Terms represent the entire agreement between the parties and supersedes all prior agreements or representations, oral or written, relating to their subject. They are subject to the law of Ghana. In the absence of conciliation, the dispute shall be brought before the courts of first instance in Accra before which the parties may express grant of jurisdiction, and that even in the event of interlocutory and multiple defendants on appeal as collateral, and for emergency procedures, procedures of protection, in chambers or by request.

Any claim or dispute relating to the service must be submitted in writing to the following address: admin@NSEMFUA.com