Terms and Conditions

These General Terms of Business are valid between BUZOONGA.CO.UK a property of AS GLOBAL LIMITED (hereafter called BUZOONGA.CO.UK) and every person (hereafter called 'Customer') who has logged in to the 'BUZOONGA' service.

image1Scope of Argument

The customer agrees with the terms specified in this contract. The contract is deemed established as soon as the username and password required to use BUZOONGA SMS services have been sent by BUZOONGA.CO.UK to the customer via e-mail. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail.

image1Usage of the SMS Service

2.1. Authorization and Authentication: After the customer has completed all registration requirements, a username and password will be sent to the customer via e-mail. This login information serves as identification of the customer to BUZOONGA.CO.UK. BUZOONGA.CO.UK will perform no further authentication of the customer's identity.

The customer agrees that all activities which can be traced to his username and password are deemed as having been performed by the customer himself and are legally binding for him.

The customer is responsible for careful use and storage of the username and password.We recommend the customer to change his password regularly and take other appropriate measures to prevent misuse or theft of his login information.

2.2. Risks: The customer agrees that, by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. - The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of BUZOONGA.CO.UK services.

2.3. BUZOONGA.CO.UK Services: BUZOONGA.CO.UK is an independent IT company and provides SMS services to the customers. BUZOONGA is SMS service.

2.4 SMS Transmission

2.4.1. Delivery: The customer acknowledges that BUZOONGA service delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery with respect to transmission of SMS messages within the technical constraints imposed by the providers.

SMS messages submitted via BUZOONGA will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. The customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all.

2.4.2. Large Volume Transmission: The customer acknowledges that transmission of large SMS amounts may be subject to restrictions and delays on the part of the mobile network providers affected.

image1Acceptable Usage

3.1 Users acknowledge and understand that BUZOONGA.CO.UK acts as a conduit for the provision of information and content. Users acknowledge that BUZOONGA.CO.UK shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.

3.2 Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which BUZOONGA.CO.UK itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:

3.2.1 United States: the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the Mobile Marketing Association Code of Conduct available at http://www.mmaglobal.com.

3.2.2 South Africa: the Electronic Communications and Transactions Act No. 25 of 2002, the Consumer Protection Act 68 of 2008 and the WASPA Code of Conduct available at http://www.waspa.org.za/code/codeconduct.shtml.

3.2.3 European Union: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at http://www.mmaglobal.com.

3.2.4 United Kingdom: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at http://www.mmaglobal.com.

3.3 Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by BUZOONGA.CO.UK or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which BUZOONGA.CO.UK shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against BUZOONGA.CO.UK (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify BUZOONGA.CO.UK against any fine imposed on BUZOONGA.CO.UK or any damages suffered by BUZOONGA.CO.UK as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which BUZOONGACO.UK may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to BUZOONGA.CO.UK. Any amount not paid to BUZOONGA.CO.UK within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.

3.4 Users may not use, or knowingly allow others to use, the Services for any purpose that may bring BUZOONGA's name into disrepute, or for any purpose that, in BUZOONGA's sole and absolute discretion, is improper, immoral or undesirable.

3.5 Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of BUZOONGA.CO.UK nor any Network Operator.

3.6 Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.

3.7 In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by BUZOONGA.CO.UK in relation to a User, then the User hereby acknowledges and agrees that BUZOONGA.CO.UK may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.

3.8 Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by BUZOONGA.CO.UK or any other person acting on behalf of BUZOONGA.CO.UK at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.

number4Payments & Validity

4.1 Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of BUZOONGA.CO.UK database hosting, User support and message handling costs.

4.2 BUZOONGA.CO.UK charges are located online at https://www.buzoonga.co.uk/pricing may be provided as a schedule to any other format of these terms and conditions. Network Operator's charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to BUZOONGA.CO.UK or its Users. BUZOONGA.CO.UK may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, BUZOONGA.CO.UK retains the right to increase the number of credits needed per message, for that specific network.

4.3 Payment security: Users acknowledge that BUZOONGA.CO.UK makes use of secure third party payment gateways including Paymentsense, PayPal and such others as may be disclosed on the Website from time to time and Users acknowledge and agree that BUZOONGA.CO.UK shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.

4.4 Cooling-off periods: BUZOONGA.CO.UK shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.

4.5 Without prejudice to any other right that it may have in law, BUZOONGA.CO.Uk shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where BUZOONGA.CO.UKreasonably suspects that payment has been made or effected by fraudulent means.

4.6 Validity: All text messages must be used within 12 months of the date of purchase.

4.7 Payment for BUZOONGA.CO.UK's services is billed on a pre-pay basis, unless otherwise agreed by both parties. You agree that our services will not be provisioned until sufficient pre-payment has been made, and that service may be terminated immediately if sufficient pre-payment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.

number5Complaints & Refunds

5.1 All complaints must be directed to BUZOONGA.CO.UK.

5.2 No refunds of whatsoever will be made by BUZOONGA.CO.UK. All payments are non-refundable.

number6Roles & Responsibilities of BUZOONGA.CO.UK

6.1 BUZOONGA.CO.UK will provide the Customer with bulk SMS at the agreed upon rates as mentioned in the business model

6.2 Guarantee technical support & Guarantee fast response and quality of the service

Duration of the terms, notice to quit The duration of any business agreement depends on the conditions described on the Internet pages of BUZOONGA.CO.UK for every particular kind of business agreement at the moment of the conclusion of the contract. Without punctual notice to quit, the agreement is to be automatically considered as in force for the next published period and the customer is responsible for the payment of the fees concerning the services. The customer or BUZOONGA.CO.UK are entitled to quit the agreement, at the expiration of the period of time defined in the terms of business, giving a written notice (date of the post-stamp). A notice to quit given outside the official term does not entitle to the return of part of the paid fees. The credit concerning data or hours is exclusively limited to the duration of the agreement.

Final dispositions Through the description of the services as defined on the Internet pages of BUZOONGA and the General Terms of Business expressedly recognized by both the contracting parties are definitively defined the rights and duties between the customer and BUZOONGA.CO.UK. The communication with the customer takes place via the web-site of BUZOONGA.CO.UK or e-mail. BUZOONGA.CO.UK reserves the right at all times to alter the General Terms of Business and the characteristics of the BUZOONGA services. BUZOONGA.CO.UK informs the customer about substantial modifications via homepage. If the customer doesn't agree with the new dispositions, he is allowed to quit the business agreement as of the end of the official duration of the business agreement, giving written one month's notice after the information concerning the modification has been published. In any other case the modified General Terms of Business resp. characteristics of the BUZOONGA services will be applied on the fixed date for their coming in force.

number9Contact Information

If you have any questions, queries or wish to request permission to use any part of this Website, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:

Address:

AS GLOBAL LIMITED

207 Regent Street, 3rd Floor, London W1B 3HH, United Kingdom

Phone: +44 20 3129 5962

Fax: +44 20 3163 0202

Email:info@buzoonga.co.uk

© 2006 - 2013 AS Global Limited. All Rights Reserved