Terms of Use

1. Definition of Terms
1.1 Provider
The provider of the portal www.sms-portal.eu, which provides SMS services for customers
1.2 Customer
Every natural or legal person using the services of the Provider
1.3 Service
Sending of paid and free SMS messages
1.4 Agreement
Agreement between the Provider and the User when using the service

2. Rights and Obligations of the Provider
2.1 The Provider is obligated to allow the Customer to use the services within range of its authorities and possibilities
2.2 The Provider will use all of its abilities and possibilities to prevent from abuse of the Service
2.3 The Provider will try to maintain all its technical devices, especially software in such condition that no failures of the Service will occur.
2.4 The Provider is not liable for technical condition of means of third parties ensuring this Service, especially of telecommunication partners and other partners cooperating with
2.5 The Provider is entitled to
  2.5.1 limit, modify or terminate the Agreement with the User in a breach of the User's obligations
  2.5.2 diversify, limit or absolutely cancel the Services of the portal www.sms-portal.eu without previous alert
  2.5.3 not conclude the Agreement with the User, especially in repeated or grave breaches of the Agreement by the User
  2.5.4 immediately terminate the Agreement with the User without giving any reason
  2.5.5 send advertising SMS on the User's phone number, which entered in registration
  2.5.6 send advertising or message containing e-mails considered as important to the e-mail address entered in the registration
  2.5.7 change prices mainly due to the movement of their amount on world markets and at their partners
2.6 The Provider is not liable for correct and timely delivery of any SMS messages, mainly due to events that may not be influenced
2.7 The Provider will keep records of the use of the Service and is entitled to keep copies of documents, messages and identification signs of the User, mainly its IP address in the archive
2.8 The Provider commits to respect all terms and rules in processing with personal data of the Customer
2.9 The Provider will not provide personal data of the Customer to third persons
2.10 If necessary, the Provider is entitled to provide all data of the users to the law enforcement authorities upon their request

3. Rights and Obligations of the User
3.1 When using the Services and after registration as well, the User commits to respect these Terms of Use without exception, not to breach the valid legislation of the Slovak Republic and its state
3.2 The User will take all steps to keep login data in secret and to prevent from abuse of these data by other persons
3.3 In case of abuse of login data, the User is liable for all acts that may be done in abuse of these data
3.4 The User may not use the Services to bother third parties mainly by sending spam and alert messages
3.5 The User agrees the use of personal data provided by him for increasing of the Service quality from the Provider and marketing purpose
3.6 The User will not send advertising messages promoting any product or service, either its or of other persons, through free SMS gateway
3.7 The User will not send SMS messages breaching any laws of the Slovak Republic or its country, to promote drugs, violence, racial intolerance, etc.
3.8 The User is obligated to immediately inform the Provider with any change that should influence providing the Service, mainly change of address, name, etc.
3.9 In case that the Provider will be penalized or otherwise punished due to breach of the Act from the side of the User, the User is obligated to pay compensation and all costs of the Provider, which may result of this, within 14 days from delivery of the request to pay these charges
3.10 The User is entitled to terminate this Agreement as well as require cancellation of the registration without giving any reason
3.11 When registering, the User is obligated to fill all required data complete and true
3.12 For unlimited use of the services, the User may purchase credit of which will be subsequently deducted price for individual SMS message sent through the Service. This credit order is made through the administration pages and is binding
3.13 If the User does not pay any claim against the Provider, the Provider is entitled to charge the User a fee in the amount of 0,5 % of total amount due for each day of delay.
3.14 As the day of payment of claims is considered the day when total amount due has been credited to the account of the Provider.

4. Free SMS Gateway
4.1 Every visitor of the website www.sms-portal.eu can send max. 5 free SMS messages a day
4.2 Through free SMS gateway is possible to send only individual SMS messages always only to one phone number - it is not possible to send a mass SMS messages, nor to use other Services, such as Automatic SMS etc.
4.3 The Provider is entitled to archive all sent free SMS messages
4.4 The length of free SMS message is max. 145 characters
4.5 At the end of each SMS message sent through free SMS gateway, is added a short advertising text in max. length 15 characters
4.6 It is not allowed to send testing SMS, such as "test", "SMS test", "it works" and etc. In case of failure to comply with this condition, the Provider is entitled to require a financial compensation from the Customer in the form of the contractual penalty in the amount of 20 EUR. The recovery of this amount may be moved to the company dealing with the recovery of claims
4.7 In case of failure to comply with the point 4.6 of this Agreement, the Customer is obligated to pay the contractual penalty within 7 working days from delivery of the information about the recovery of claims.
4.8 If the Customer does not pay the contractual penalty within 7 working days, this amount will be increased of 0,5% of total amount of the contractual penalty for each day of delay

5. Complaints Procedure
5.1 The Provider will make efforts to prevent from failure of provided Services
5.2 The Provider does not guarantee 100 % trouble-free of the portal www.sms-portal.eu, especially in case of failures that may not be influenced
5.3 The User is not entitled for compensation of damage caused by using the Services of the Provider
5.4 The User is not entitled to be refunded with all amount or its part in case of failure of the Service, mainly by non-delivery of SMS messages
5.5 Purchased SMS credit may not be refunded (except for the conditions referred in the point 5.6 of this Agreement)
5.6 If the Service is suspended for more than 30 days or is absolutely terminated, the User is entitled for refund amount of its credit after deducting 10 % of this amount for costs associated with refund
 5.6.1 The User can require (in written form) to refund its credit under the point 5.6 of this Agreement within 7 working days from the claim being refunded
 5.6.2 After this period, remaining credit of the User will be forfeited for the benefit of the Provider

6. Final Provisions
6.1 The provider is entitled to modify these Terms without previous alert
6.2 Terms of Use are valid for indefinite period, or until issue of new Terms
6.3 New Terms will be always available on the website of the Provider
6.4 The original of Terms of Use is available in Slovak language on the website www.sms-portal.sk, which is superior to all translations

These Terms of Use are valid from 20.01.2012.
Update: 28.04.2017

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