1.1 The Bulk Short Messaging Service (Bulk SMS) (hereinafter called “the Service”) offers to any legal or natural person (hereinafter called the “Sender”) the ability to send bulk messages to mobile phone subscribers that have given their prior written consent for the receipt of such messages.
1.2 With the use of the Service and by sending such messages, the Sender is deemed to have:
a) Agreed with and committed to the Terms and Conditions hereto and the Bulk SMS Agreement that comprise of the Agreement between CYTACOM Solutions and the Sender and,
b) Consented to the disclosure of his mobile phone number, name and address to the investigating or other authorities of the Republic, such as the Commissioner for Personal Data Protection, in the event of a complaint for the receipt or the content of the messages.
1.3 The Service cannot be assigned and/or resold.
2.1 Written messages are only sent to persons or companies that have given their prior written consent to the Sender for the receipt of such written messages.
2.2 The Sender is obliged to inform the recipients of his identity, the type and purpose of the written messages to be sent, as well as their frequency.
3. SERVICE FEES
The Sender will pay CYTACOM Solutions the Service Fees as per Appendix A of this Agreement. The Sender acknowledges that the charge for the messages is made regardless of their receipt.
4.1 The sending of messages through use of the Service shall be made by the Sender who is solely responsible for the messages sent. In particular , the Sender shall engage in any act which:
(a) endangers the security of the Republic of Cyprus and/ or public order and/or violates the law or is against public morality
(b) harasses persons
(c) constitutes usage of the telecommunication means in a way that does not comply with their purpose
(d) infringes the law or does not fulfil any requirement of the law
(e) constitutes a criminal offence or promotes the commitment of a criminal offence
(f) constitutes a tort against any person or promotes the commitment of a tort
(g) is indecent or promotes indecent behaviour or is of erotic nature or content
(h) offends the faith and/or the principles or religious beliefs of any person
(i) interferes with the constitutional rights of an individual
(j) harms Cyta’s reputation
(k) promotes or expresses discrimination based on race, sex or other kind
(l) makes reference to the activities of public figures or implies specific persons without naming them, without their written consent, or intrudes in the private life of any individual
(m) incites any person to take up dangerous activities or to use dangerous substances
(n) constitutes collection of personal data.
5. PROTECTION OF PERSONAL DATA
5.1 The Service is used only for the purpose for which it has been requested. The Sender must comply with the Processing of Personal Data (Protection of Individuals) Law 138 (I)/2001, as amended.
5.2 CYTACOM Solutions will disclose the name, address and phone number of the Sender, in accordance with the Law and these present Terms and Tonditions.
6.1 The Sender shall fully indemnify and keep CYTACOM Solutions harmless against any suit or demand arising against it or a decision that may arise against it, as well as every liability, loss, damage, costs and expenses including without limitation, interest, penalty, taxes, levies and legal fees incurred by any cause of action deriving from the provision or the content of the written messages or the receipt or non receipt of the written messages.
6.2 The Sender at his own expense shall fully indemnify and keep CYTACOM Solutions harmless against any actions, claims, charges, costs and expenses, that may arise against it from any breach or alleged breach of patent rights, designs and copyright or other intellectual property rights deriving from the use or possession of these by CYTACOM Solutions or the Company when these have been offered by the Company.
6.3 In the event of an action or claim against CYTACOM Solutions as above, CYTACOM Solutions shall notify the Sender within ten (10) days of any such suit or claim and shall give the Sender every assistance and information necessary for the defence of such suit or claim.
6.4 CYTACOM Solutions shall not make any admission or acknowledgement or other act which may prejudice the defence of the claim without the user’s consent, unless the user fails to defend the claim within ten (10) days of notice of such suit or claim.
7. LIMITATION OF LIABILITY
7.1 CYTACOM Solutions shall not be liable for any direct, indirect, exemplary, incidental, or consequential damages for the loss of revenue, reputation or other damage resulting from:
(a) the use or inability to use the Service or discontinuation (temporary or permanent) or to differentiation of the quality or speed of the Service,
(b) the sending of a written message,
(c) the sending of a written message without the recipients’ consent,
(d) violation of any statutory rights of any person that is made or attempted to be made through use of the Service, unless any such damage is caused by CYTACOM Solutions’s gross negligence or wilful misconduct.
7.2 The Sender is solely responsible for all the information sent through use of the Service. CYTACOM Solutions does not monitor the information sent and does not guarantee the accuracy, integrity or quality of any information. CYTACOM Solutions shall not be liable in any way against any person for any loss or damage of any kind, including harassment or violation of rights or civil or criminal liability, which may be caused by the transmission of information for which the Sender is solely responsible.
7.3 CYTACOM Solutions is not and shall not be liable for any content, advertising, transactions, products, services or other material transferred or made available through use of the Service to third parties or any demand connected with or arising from the above, for which the Sender is the solely responsible.
7.4 CYTACOM Solutions shall not be responsible for any defamation related to a person or goods or services or for any copyright infringement, trade name, trademark ,patent or contempt of Court or any invasion of privacy of any person or for breach of contract or tort or for any offence committed or attempted to be committed through use of the Service, for which the Sender is solely responsible.
7.5 CYTACOM Solutions shall not be responsible for the failure to send a written message to a recipient who has changed or terminated his/her number and has failed to notify the Sender for this change.
7.6 CYTACOM Solutions does not guarantee the continuous availability, speed, fitness for any purpose or quality of the Service. CYTACOM Solutions’s liability shall be limited to exercising reasonable efforts to restore the Service.
8.1 The Service will be terminated without any notice if the Sender infringes these Terms and Conditions.
8.2 CYTACOM Solutions may at any time terminate the Service or this Agreement without notice.
9. SERVICE SUSPENSION
CYTACOM Solutions reserves the right to suspend the Service without reason, either temporarily or permanently.
10.1 The Service and any software directly or indirectly related to the Service, belongs to CYTACOM Solutions Ltd or its associates and all material or content, contains information that is protected by law.
10.2 The users may not copy, reproduce, make available or, commercially exploit or create derivatives from the content without the written authorization of CYTACOM Solutions or the publisher of the content.
CYTACOM Solutions reserves the right to amend these Terms and Conditions. All changes will be posted on this website.
12. ENTIRE AGREEMENT
12.1 This Agreement represents the entire agreement between the parties hereto and no promises, representations, terms, conditions and obligations, shall apply what so ever, whether in writing or express or implied, except those contained in this Agreement.
12.2 This Agreement replaces all prior agreements, representations, promises, assurances or understandings between the parties, which are hereby cancelled.
13. SIGNING OF THE AGREEMENT OF BULK SMS
The Sender must sign two (2) original copies of the Agreement of Bulk SMS and send it back to the Company within (30) days of the date of registration to the System. The Service will be activated and offered to the Sender upon receipt of the signed Agreement by the Company.