Terms of Use

By signing up for our services or first using our services, whichever occurs first, you agree to be bound by the following terms and conditions. 50SMS.COM service is provided by GigaSMS Ltd.

1. Definitions

1.1. “Agreement” means the agreement for the supply of the Services;
1.2. “SMS Bundles/SMS Credits” means a set of outbound messages prepaid by Client. SMS Bundles may be of different size and validity time.
1.3. “Client” means the company firm or individual who has agreed to purchase the Services pursuant to the Agreement;
1.4. ‘Client Rights” means any and all Intellectual Property Rights which are created or used by the Client prior to the Commencement Date or which are created by the Client independently of the delivery or the receipt of the Services including but not limited to Intellectual Property Rights embedded in Client Content;
1.5. “Client Content” means any information provided by the Client for onward transmission by GigaSMS as part of the Services
1.6. “Client Customer Data” means certain data held by the Client concerning its customers including mobile telephone numbers but not enough to constitute “personal data”.
1.7. “Commencement Date” means the date for the commencement of the Agreement;
1.8. “Intellectual Property Rights” means all copyright (including but not limited to rights in computer software), patents, trade marks, trade secrets, registered and unregistered design rights, database rights and topography rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
1.9. “GigaSMS Data” means certain data which will arise in the course of GigaSMS’s provision of the Services in which GigaSMS will own the GigaSMS Rights;
1.10. “GigaSMS Rights’ means any and all Intellectual Property Rights which were created or used by GigaSMS prior to the Commencement Date or which are created independently of the delivery of the Services or which arise or are created in the course of the provision of the Services;
1.11. “Rights” means the Client Rights and/or GigaSMS’s Rights
1.12. “Services” means the managed mobile infrastructure services or other services of GigaSMS as defined in the relevant Product Specifications as requested by the Client and agreed to be provided by GigaSMS in accordance with the terms of the Agreement;
1.13. “Term” means the period specified in the Agreement for the delivery of the Services as maybe extended in accordance with the Agreement;

2. The Services

2.2. GigaSMS shall provide the Services from the Commencement Date until the Term expires or the Agreement is otherwise terminated, subject to these terms and conditions.
2.3. The Services shall be provided in accordance with these terms and conditions and include the following:
2.3.1. accepting of Client's SMS messages submitted to GigaSMS platform for subsequent delivery to mobile operators;
2.3.2. collection of user SMS messages sent to the Client's dedicated or shared incoming number and subsequent forwarding of the same to the Client's application or email address.
2.4. The Agreement comes into force after Client signs up (register) on the web site http://50sms.com.

3. Client Commitments

3.1. The Client undertakes and warrants to GigaSMS the following:
3.1.1. to accept responsibility for reasonable charges arising from the submission by the Client to GigaSMS of messages for delivery to invalid mobile phone numbers;
3.1.2. that neither the Client Content nor the Client Customer Data or its supply to or use by GigaSMS shall infringe the rights of any third parties;
3.2. Without limitation, the Client undertakes not to use the Services or permit the Services to be used or otherwise during the course of the Agreement:
3.2.1. for sending any communication which is defamatory, offensive or abusive or of an obscene or menacing nature;
3.2.2. for the persistent sending of messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;
3.2.3. for the sending of unsolicited messages (i.e. SPAM);
3.2.4. in any way that contravenes European or national regulations or industry codes of practice including but not limited to that of the Wireless Marketing Association (‘www.wirelessmarketing.org.uk);
3.3. If the Client violate the above mentioned clauses (3) of the Agreement, GigaSMS have a right to close the Client's account with no refund for unused SMS Bundles (Credits)

4. Prices, Payment and Refunds

4.1. This is NOT A FREE SERVICE. The Client should buy SMS credits to send SMS messages (1 SMS = 1 credit). 4.2. The Services shall be performed at GigaSMS’s then current standard charges.
4.3. Outbound messages can be purchased only in SMS bundles/SMS credits and must be prepaid in full.
4.4. As market situation changes, prices can be changed by GigaSMS from time to time with 15 day written notice (email notification) to the Client. Continued use of GigaSMS services after a price change signifies Client's acceptance of the new prices. In the event that Client does not accept a price change, the Client can terminate the agreement with the refund of all remaining balance less any due payments and bank charges.
4.5. Refund policy. GigaSMS offers 60 day "no questions" refund. If Client is not fully satisfied with the Service (within 60 days), GigaSMS will refund the price of all unused SMS. GigaSMS do not refund used (sent) SMS (credits). All refunds should be done upon Client's request. The Client can also asks to close its account at any time (after 60 days) and refund all unused SMS. In this case GigaSMS will refund the price of all unused SMS less 3% proccessing charge. No refunds will be done by GigaSMS, if the Client violate 3.2 clause of this Agreement
4.6. Credits (SMS Bundles) expiration. All SMS Bundles (Credits), bought till 06/31/2005, do not have expiration time. GigaSMS can set expiration time to all SMS Bundles (Credits) which will be bought after 06/31/2005.

5. Confidentiality

5.1. For the purpose of this Agreement, “Confidential Information” shall mean all Intellectual Property Rights, drawings, software, data, specifications, processes, testing procedures, customer information, financial information, product and services information and all other technical, business and other information and material relating or belonging to either party or its customers which is during the course of the Agreement disclosed by either party to the other either directly or indirectly.
5.2. Confidential Information shall not include:
5.2.1. information which was in the public domain at the time of disclosure;
5.2.2. information which, though originally Confidential Information, subsequently falls into the public domain through no fault of the other party or its personnel receiving the Confidential Information;
5.2.3. information received by the other party from a third party without any breach of any obligation of confidentiality owed to the other party; and
5.2.4. information disclosed pursuant to a requirement of law, to the extent so required.

6. Warranties / Liability

6.1. GigaSMS warrants that the Services will be performed with reasonable care and skill and so far as reasonably possible.
6.2. GigaSMS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Client Content, Client Customer Data or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or nonarrival or any other fault of the Client
6.3. GigaSMS will not be liable in the event that it is unable to perform any obligation under the Agreement or provide the Services to the Client, because of any factor outside its control including but not limited to Act of God, industrial action, default or failure of a third party or governmental action.
6.4. Limitation of liability.
6.4.1. GENERALLY. THE Client EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT GigaSMS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. GigaSMS WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO GigaSMS AVAILABLE TO THE Client THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE Client WILL BE ABLE TO ACCESS GigaSMS AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
6.4.2. ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in clause 6.4.1, GigaSMS and its affiliates, agents, content providers, service providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF GigaSMS GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF GigaSMS GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO THE Client OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE Client AGREES TO INDEMNIFY GigaSMS PURSUANT TO CLAUSE 10 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);
WITHOUT IN ANY WAY LIMITING THE FOREGOING, GigaSMS SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE Client AND/OR THE Client ALLEGING LIABILITY.
6.4.3. HIGH RISK ACTIVITIES. THE GigaSMS SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF GigaSMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, GigaSMS AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, GigaSMS’S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Intellectual Property Rights

7.1. Ownership of all GigaSMS Rights shall vest in and remain with GigaSMS.
7.2. GigaSMS shall license to the Client for the term of the Agreement such parts of GigaSMS Rights as are directly and unavoidably required by the Client to use any work delivered or made available to the Client in the provision of the Services on the basis set out in this Clause.
7.3. The Client shall license to GigaSMS the Client Rights as are required by GigaSMS to provide the Services on the basis set out in this Clause
7.4. Any license granted under this Clause shall be non-transferable, non-sublicensable, non exclusive and royalty free and shall be limited to the Term and shall be granted only for the purpose of fulfilling the respective party’s obligations under this Agreement.
7.5. Each party warrants to the other that it is the owner of its respective Rights or is entitled to license its respective Rights as provided under clauses 7.2 or 7.3, as applicable.
7.6. Neither party shall reverse engineer, decompile or disassemble any software comprised in the other party’s Rights. Should interoperability of any software be required the party shall provide to the other all reasonably necessary API’s to carry out such interoperability

8. Intellectual Property Rights Indemnity

8.1. The Client will indemnify GigaSMS and keep GigaSMS fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of or in connection with any claim that the use or possession of all or any part of the Client Rights and any third party material, information and Intellectual Property Rights which are provided by the Client to GigaSMS infringes the copyright or other Intellectual Property Rights of any third party.

9. Partners (Affiliate) Program

9.1. Section 9 of this agreement come into force when (and only when) you takes and begins to use Partner Code from 50SMS.COM web site.
9.2. Participation in the Program is for the purpose of legally advertising 50SMS.COM Service. You will receive a commission based on purchases made by the customers referred by you. To participate in the program you should take "Partners Code" - a special HTML code with the link to 50SMS.COM web site, which contain your Partner ID.
9.3. You will be paid a 10% commission for every sale on 50SMS.COM web site, that is referred by you, based on your Prtner ID recorded with the purchaser registration.
9.4. Affiliate commissions will be paid out monthly with a minimum value of US$50.00 (fifty United States Dollars). Commissions accumulate until reaching US$50.00. All payments can be made through PayPal (You must have a valid and verified PayPal account in this case) or can be transfered to your account as SMS Credits. Please note that we cannot issue payments in any other way. To get Payment through PayPal or tranfer Commitions to SMS Credits you should send email to sales@50sms.com with your account login.
9.5. If a buyer you referred to 50SMS.COM cancels the order or fails to make payment or makes a payment using a fraudulent financial instrument (credit cards for example), 50SMS.COM Service will deduct any commissions paid on the sale from future commissions.
9.6. You will be solely responsible for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; and, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party.
9.7. Your affiliate status may be terminated for any of the following reasons:

Inappropriate or misleading advertisements (False claims, misleading hyperlinks)
Spamming of any kind (including mass email, mass newsgroup posting, etc.) Note that adding a method for a recipient to be removed from a mailing list does not make this practice acceptable. It is still spam.
Advertising on sites containing or promoting illegal activities.

Any Affiliate member found engaging in these activities in connection with the Program shall be terminated immediately. Any earned income will be forfeited.
9.8 Limitation of Liability 50SMS.COM will not be liable for any indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or the results of intentional harm to the program. 50SMS.COM Service does not make any expressed or implied warranties with respect to the affiliate program and/or products sold. By joining the Affiliate Program you acknowledge that you have read the terms and conditions, understand and agree with them.

10. Suspension and Termination

10.1. The Agreement may be terminated prior to expiration of the Term in accordance with the following:
10.1.1. by GigaSMS by immediate notice in the event that the Client uses the Services for the transmission of obscene, defamatory, offensive content or for any illegal or improper purpose; In this case no refunds will be done to the Client
10.1.2. by GigaSMS in the event that any payment due hereunder is not paid by the Client within 30 days of the due date for payment.
10.1.3. the Client can at any time asks GigaSMS to close its account and do the refunds of the unused (unsent) SMS credits according with the clause 4.3 (Refund Policy) of this Agrement

11. General

11.1. The Agreement can be amended by GigaSMS by publishing a new version of the Agreement on the website http://50sms.com.

3 FREE SMS CREDITS

SMS Chat!

New feature: Cool SMS Chat! Now you can chat with your friend even if he/she do not have access to computer and internet but have his/her cell phone. You can send SMS to your friend's phone from our web site and see his/her replies (yes, your friend can answer to your text messages!) in one easy to use chat session. It is just like ICQ/MSN - but your friend needs only his/her phone (and you need computer and internet)! It is easy - log in at your account, buy some SMS credits (if you do not have it) and start SMS Chat! Visit: http://50sms.com/send-sms.php (You will need to signup first)

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We will send you free gift by mail (we can send only to US, Canada and UK). We will send the gift to your shipping address, you will enter at the PayPal site, so do not forget to your shipping address at PayPal.