Please read these "Terms and Conditions" carefully as they affect your rights and liabilities under the law before using the Broadband SMS an Internet Enabled Value Added Service ("the Service" or Service), which is made available by Spectranet - a division of Punj Lloyd Ltd., a Category A Internet Service Provider (hereinafter referred to as "Spectranet). Usage of these services indicates unconditional acceptance of these terms.
With the acceptance of these Terms and Conditions of Spectranet, you shall be deemed to have entered into an Agreement with Spectranet and shall be permitted use the Service subject to these terms and conditions ("the Terms and Conditions"). By continuing to use the Service in any way, you agree that you have read, understood and accept all the Terms and Conditions unconditionally. You must not continue to use the Service if you do not understand or agree to the Terms and Conditions. It should be noted that the use of different parts of this website sms.spectranet.com ("this Site"), currently located at the url http://sms.spectranet.com may be subject to additional terms and conditions as indicated on that part of this Site. Different services offered by sms.spectranet.com and spectranet.com may also be subject to further terms and conditions and your use of these services will also be subject to the terms and conditions governing the relevant services.
• The Service
"Broadband SMS" is an Internet Enabled Value Added Service, which is made available to you by Spectranet. This Site and the Broadband SMS application, which you download in order to send messages, also form part of the Service. Through the use of the Service registered users are able to send messages to, and/or receive messages from, other parties, which shall depend on the relevant package subscribed by you these messages are delivered to the mobile phone of the recipient.
• Registration
1. In order to use the Service to send and receive messages, you must apply to do so by accessing this Site, accepting the Terms and Conditions, from this Site and completing the registration form and buying the appropriate package of your choice.
2. You must ensure that the details provided by you on registration or at any other time are correct and complete.
3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
• Credit(s) and Package(s)
1. Broadband SMS may occasionally offer a free trial period for use of certain parts of the Service. During any free trial period, you will not be required to pay Spectranet for any messages sent from your Internet enabled computer to any mobile phone for that free Broadband SMS package.
2. At the end of the free trial period (if any), you will have to purchase units known as credits, which are then used by you to send messages. Normally, you need a single credit to send one message to one party. If you send one message to multiple parties, you will normally need to use one credit for each party that you send that message to. However, the exact number of credits you will need to use to send a message to a party will depend on the telecommunications network used by the intended recipient of that message.
3. Usually a domestic message requires one credit and an international message requires three credits. One credit is equivalent to 160 characters for domestic message and 53 characters for international message. Please note that these credits vary from time to time and are updated on a regular basis. Always check in your account the current credits available and required before sending a new message.
4. In order to preserve your credit balance, you must make at least one purchase of credit every Three months. If you don't use your credit(s) within 3 (Three) months after your last purchase of credit(s), the credit(s) left in your Broadband SMS account will expire and you will no longer be able to use those Credits and you will not receive any refund from Spectranet. You will, however, still remain registered for the Service.
5. Broadband SMS offers different packages ("packages") in which you can buy credits. For details of the packages available, click here http://sms.spectranet.com/package.cgi.
6. When you purchase a particular package, the credits you have purchased will be placed in your Broadband SMS account. Unless determined otherwise in Spectranet's discretion.
• Payment for Use of The Service
1. Payments can be made by issuing a cheque in favour of "Spectranet-PLL." payable at New Delhi and dispatched at 42, Okhla Industrial Estate, Phase - III, New Delhi 110 020 or at any other address subsequently notified in writing by Spectranet on its website(s).
 
2. Payments can also be made by credit card/debit card through the Secure ICICI Credit card Payment facility available on the website. By providing us with your credit card/debit card details you warrant that you are authorized to do so and that the credit card/debit card belongs to you. We reserve the right to limit the number and type of credit cards/debit cards, which you may use.
 
3. For security reasons, Spectranet does not keep a permanent record of your specific credit card/debit card details. Therefore, each time that you purchase a new package, you will be required to provide us with your credit card/debit card details.
 
4. Spectranet shall be entitled to debit the credit card/debit card account, the details of which you have provided to Spectranet when making payment for a package, with the value of the price of that package and any other amounts or charges payable to Spectranet in respect of the use of the Service by you or anybody acting on your behalf.
 
5. You expressly agree that, subject to the further provisions of these Terms and Conditions, all payments by you are final and non-refundable. If you believe that you have been improperly charged for the Service, you must notify us as soon as reasonably possible but in any event within 30 days of the date of the relevant bank statement reflecting the charge, and provide any information necessary in order for us to review and resolve your query.
 
6. This service is an India based service is primarily for the use of citizens of India. No offer of any kind is made to any others. Spectranet is not liable for any use whatsoever made by any others, of any information on Spectra net's web site(s), including but not restricted to, prices of any of Spectra net's products or services. Prices of all the packages are listed in Indian Rupees ('INR'), and the amount deducted from your credit card will also be in INR.
 
7. Spectranet reserves the right to modify its prices, charges, fees or the number of credits needed per message to be transmitted to any network, effective immediately upon posting of notice of such modifications on this Site. If you continue to use the Service or do not terminate your use of the Service after the notice of modifications are posted on this Site, you shall be deemed to have accepted such modifications. Some (but not all) of the reasons for such increases could be linked to increases in costs of sending a message (e.g. a network introduces or increases any charges for receiving messages), database costs, customer care services and handling costs.
• Your Username and Password
When you first register to use the Service, you will be required to select a username and password. You must provide this username and password whenever you subsequently wish to use the Service. This is a pre-requisite to avail the service.
1. You shall be responsible for maintaining the confidentiality of your password and shall notify Broadband SMS immediately in writing if the confidentiality of your password has or may have been compromised in any manner.
2. You accept liability arising for all transactions, which are conducted by means of the Service where your password was provided. Spectranet will assume that you have authorized all transactions, which are conducted, through the use of your password and these transactions will be deemed to have been performed by you. Spectranet will not be required to enquire into the authority of any person who uses your password.
• When Spectranet is Liable and when you are Liable
1. Spectranet shall not be responsible for any injury, loss, liability, claim or damage of any kin (collectively and individually referred to as "Liability") suffered or incurred by you or any user of the Service which results from or relates to the Service, the Terms and Conditions, your access to this Site, utilization of the Service or reliance on any information contained on this Site, unless this injury, loss, claim or damage is proved to have been caused by an intentional act by Spectranet or the gross negligence of Spectranet.
You hereby agree to indemnify Spectranet and all network or service providers involved in the provision of the Service (including but not limited to their respective employees, agents and sub-contractors) against any Liability which may be suffered as a result of or relating to any intentional or negligent act or omission by you or as a result of your breach of the Terms and Conditions.
Without limiting what is stated above, Spectranet will also not be responsible and its liability is excluded for any liability arising directly or indirectly out of any viruses, Trojan horses, destructive materials or any other data, code or computer program which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network, mobile phone or your hardware or software and/or which may be contained in, or obtained from the Service or from any e-mail or electronic communication between you and Spectranet or third parties;
The failure of a financial institution to carry out in whole or in part any transaction which it has been requested to perform, the unavailability of this Site or the Service for any reason, any act or failure to act by a network or service provider, your telecommunications service provider or any other third party shall not be Spectra net's responsibility.
5. Any loss of connectivity between you and Broadband SMS or Spectranet or any failure of, malfunction or defect of any nature in this Site or of the Internet network or a telecommunications network; or any circumstances beyond Spectranet or Broadband SMS's control.
6. Without in any way limiting the exclusions set out above, our liability for any Liability sustained from any cause whatsoever, including (without limitation) any Liability arising out of Spectranet's or Broadband SMS's negligence or conduct or that of its employees, agents or sub-contractors or of network or service providers involved in the provision of the Service, shall be limited to an amount equal to the total amount of payments by you for credits in the 6 months immediately preceding the date upon which your alleged cause of action or claim arose.
7. Notwithstanding any other provision of those Terms and Conditions, neither Spectranet nor Broadband SMS shall be liable to you in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by you, howsoever arising.
8. You agree to give Spectranet all reasonably necessary assistance in handling a claim by a party against Spectranet, which is related to your use of this Site or the Service. You agree that any defense or negotiated settlement, as decided upon by Spectranet, will be binding on you.
• Termination or Suspension of your use of the Service
1. Your use of the Services may be terminated by Spectranet in its sole discretion and without a refund, due to any behavior or conduct on your part which it in its sole discretion regard as inappropriate and/or as misconduct, any breach of the Terms and Conditions by you; any fraudulent or unlawful conduct related to your use of the Service.
2. Notwithstanding the above, Spectranet may terminate, change, suspend, or discontinue the Service or your use of the Service, including the availability of any features of the Service, at any time. In the event of termination of the Service or of your use of the Service by us for reasons other than those contained above, Spectranet shall provide you with a notice period of not less than 7 days in which you have to use your remaining credits, thereafter they will expire and no refund will be given.
3. You may choose to terminate your use of the Service at any time, however, if you do so you will not have a right to any refund of any amounts paid by you.
• Limitations on Your use of the Service
1. Your use of Service must also comply with Spectra net's A.U.P (Acceptable Use Policy). You must ensure that your use of the Service complies with all applicable laws, regulations and network operator or service provider requirements. Any complaint from a network operator or service provider will be regarded in a very serious light and your use of the Service may be terminated or suspended.
2. You may not use the Service for any of the following purposes or in any of the following manners: to send unlawful, abusive, offensive, harassing, threatening or obscene messages; to send messages that compromise National Security, promote terrorism, contain any sexual, racist, or discriminatory content; to send unsolicited messages or Spam; to intercept any communications not intended for you; to release, post, distribute or execute any viruses, destructive materials or other harmful computer code; to transmit any content that infringes any patent, trademark, trade secret, copyright, or other rights of any party; to "hack", "crack", "flame" or "spoof"; or to participate in any unlawful activities Spectranet will not be obliged to ascertain or provide the identity of the sender of any messages or content.
3. You will not interfere with or jeopardize the functionality or the operation of any part of the Service or attempt to interfere with or jeopardize the functionality or operation of any part of the Service.
4. You are not entitled to provide a link from any web site to the Service without Spectra net's express written permission. You are also not permitted to "deep link" to this Site or to "frame" any part of this Site, in any manner whatsoever.
5. There is a delivery re-try function for failed messages for upto 3 re-tries. If however, messages are not delivered even after this, then Spectranet shall be entitled to delete the submission and shall not be liable for re-submission or delivery.
• Important Exclusions of Warranties and Representations
1. Spectranet will use reasonable endeavors to ensure the successful delivery of all messages. Spectranet does not however, warrant or guarantee that these messages will reach the correct destination or recipient, or will be received in their entirety, or will be received or sent within a particular time period. It is categorically stated that SMS message delivery will be beyond the control of the Spectranet and is network dependant. Spectranet shall try its best to use the best possible links, but even these are dependent on various interconnect telecom networks. As per current standards, the best possible delivery rate is about 98% success rate in transmission of a message.
2. The Service is made available "as is" due to the nature of the Service and the "Best effort" nature of the medium of the Internet and telecommunications facilities and the inherent difficulties associated with the transmission, exchange and storage of electronic information.
3. Spectranet does not make any representations nor do we give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the Service, this Site, our computer network, computer system, hardware, software or server computers, or their suitability for any purpose, whether that purpose is notified to us or not; without derogating from the generality of the foregoing, Spectranet does not warrant or guarantee that the Service or this Site will be operational and available at any particular time during a certain period.
4. Without limitation, Spectranet does not guarantee that the Service or information or messages transmitted by you to us or through the Service or to third parties will be preserved or sustained in its entirety; will be suitable for any purpose, including but not limited to a purpose for which you intend to utilize the Service or this Site; or will be free of inaccuracies, errors, defects, bugs or viruses of any kind.
5. Spectranet does not endorse and is not responsible or liable for the contents, maintenance of, or activities conducted on, any web site to which the Service provides a link.
6. Despite the fact that the Service may refer to or provide links to other web sites, your use of such other web sites is entirely at your own risk and Spectranet is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other web sites or your reliance on any information contained in such other web sites.
• Intellectual Property
1. Subject to what is stated below, all right, title and interest relating to copyright, trade mark, patents and trade names and any other proprietary rights, whether registered or unregistered and however embodied, in or related to the Service or this Site ("the Intellectual Property"), vest in Spectranet.
2. You agree not to challenge Spectra net's right, title or interest in the Intellectual Property or to use or exploit the Intellectual Property in any way unless you have been given prior written consent by Spectranet.
3. You acknowledge that the Service may include material or content which is owned by third parties and/or the rights in which vest in third parties. You may not use, copy, exploit or publish any aspect of the Service, without the prior written consent of the owner of the rights therein.
4. Spectranet may send you content as part of the Service which you may display on your mobile telephone, store in electronic form on your mobile telephone and keep one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials provided by Spectranet as part of the Service without its prior written permission.
• Your Information
1. Your use of the Service shall also be governed by Spectra net's Privacy Policy.
2. You will be solely responsible for the accuracy and suitability of all data and information provided at any time by you and you must notify Spectranet in writing immediately if any information provided by you to Spectranet changes or is incorrect.
• Miscellaneous Terms and Exclusions
1. Other terms and conditions, which apply to you, are all terms of use, terms and conditions, disclaimers and privacy policies that may be displayed on this Site form part of the Terms and Conditions and you will be required to comply with the provisions of these terms of use, terms and conditions and disclaimers.
2. The Service provided by Spectranet does not include the provision of a mobile telephone or other suitable telephony equipment to access the Service. Spectranet is not being liable for any telephone or other costs that you may incur.
• Varying the Terms and Conditions
1. Spectranet shall be entitled to vary the Terms and Conditions in its sole discretion. Any changes will be displayed on this Site and should you continue to use the Service, you will be deemed to have accepted the changes.
2. You cannot alter the Terms and Conditions without Spectra net’s written consent.
• Severability
If any provision of the Terms and Conditions is or becomes illegal, invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue unaffected.
• Entire Agreement
The Terms and Conditions constitute the whole agreement between the parties with regard to the subject matter hereof, and you waive the right to rely on any alleged provision not contained in the Terms and Conditions.
• Assignment
You shall not cede any of your rights or delegate any of your obligations without Spectra net are prior written consent, which shall not be unreasonable withheld. Spectranet shall be entitled, without notice to you, to cede all or any of our rights and/or assign all or any of our obligations.
• Waiver
No relaxation or indulgence, which Spectranet may grant to you, shall be deemed to be a waiver of any of its rights in terms of these Terms and Conditions.
• Governing Law and Dispute Resolution
1. The validity and interpretation of the Terms and Conditions are at present governed by the laws of India including but not limited to the provisions of Indian Telegraph Act, 1885 and Telecom Regulatory Authority of India Act, 1997 (as amended) regulated by Department of telecommunications (DOT) and Telecom Regulatory Authority of India (TRAI).
2. Any disputes arising from or relating to the Service, the use of the Service or the Terms and Conditions, shall be referred to arbitration in terms of the provisions of the Arbitration and Conciliation Act, 1996. Spectranet shall have the right to appoint Arbitrator under intimation to you. The venue of Arbitration shall be New Delhi.
3. Notwithstanding anything contained elsewhere and subject to Arbitration clause above, either party will be entitled to approach an appropriate Court in Delhi for urgent relief if necessary, pending the resolution of the dispute by way of arbitration in terms of above clause.
• Relationship with Spectranet
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spectranet as a result of this agreement or use of the Spectranet web site(s).
• How to Read and Understand the Terms and Conditions
1. Headings are inserted for convenience only and will not be used in the interpretation or affect the construction of the Terms and Conditions.
2. Words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings.
3. Any reference to the singular includes the plural and vice versa and any words importing the masculine gender shall include the remaining two genders.
4. Any reference to natural persons includes legal persons and vice versa.
5. Any reference to "we", "our" or "us" shall mean a reference to Broadband SMS and Spectranet both individually and collectively.