Vitel SMS provides advanced marketing solutions, improving customer experiences through SMS, WhatsApp, and omnichannel marketing services. Boost your business communication and achieve measurable outcomes seamlessly.
Vitel SMS provides advanced marketing solutions, improving customer experiences through SMS, WhatsApp, and omnichannel marketing services. Boost your business communication and achieve measurable outcomes seamlessly.
These terms and conditions for software licensing and its services ("Terms of Use") constitute a legal agreement between Vitel SMS Technologies Limited and merchants (whether an individual or a legally recognized entity) engaged in any lawful business for the provision of services.
The Company offers a suite of messaging software-as-a-service (SaaS) solutions under the name "Vitel SMS" ("Solution"), allowing its customers to manage communications with their users.
The Company may delegate its rights, duties, and obligations under these Terms of Use to authorized representatives. Any reference to "Vitel SMS" in these Terms of Use shall also include such authorized persons acting on behalf of the Company.
These Terms of Use are an electronic document under the Information Technology Act, 2000, including the rules and regulations under it. They do not require any physical or digital signatures.
These Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandate the publishing of terms of use, privacy policies, and other guidelines for accessing or using electronic services and devices.
BY USING THE SOLUTION, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY STOP USING THE SOLUTION. THE COMPANY MAY MODIFY THESE TERMS FROM TIME TO TIME, WHICH WILL BE MADE AVAILABLE AT https://www.vitelsms.com/terms-of-service
These Terms of Use remain in effect until terminated in accordance with the terms outlined herein ("Term"). The agreement will automatically renew unless explicitly revoked by the Client in writing.
The Company grants the Client a limited, non-exclusive, non-transferable, and revocable license to access and use the Solution during the Term. This license is subject to the terms and conditions mentioned herein and is provided on a subscription basis. The Client does not receive ownership or any proprietary rights to the Solution.
The Solution will be made available as a SaaS model, where the Company hosts the Solution on a centralized system. The Client's subscription starts on the Subscription Commencement Date, regardless of any Trial Period. Any delays in the implementation due to the Client’s actions will not change this date, and fees will be charged as per the Terms.
The Client’s continued use of the Solution constitutes acceptance of any Updates or Upgrades provided by the Company. Use of the Solution is also subject to additional terms and conditions and the privacy policy, available at [insert link for Privacy Policy].
The Client must provide all necessary information, including identity, address, and payment details, for availing the Solution. The Solution is non-exclusive, and the Company retains the right to update, modify, or upgrade the Solution at its discretion.
The Client agrees not to:
Any breach of these terms will be considered a material violation, and the Company reserves the right to terminate access to the Solution.
The Client agrees to pay the Subscription Fee and any additional Usage Fees associated with using the Solution. All fees are exclusive of taxes, and the Client is responsible for all applicable taxes.
The Company may suspend access to the Solution if payments are not made on time, and any overdue payments may be subject to interest.
Both Parties represent and warrant that they have the legal capacity to enter into this agreement, and both have obtained all necessary approvals required under the Applicable Law.
The Client further warrants that:
The Company may suspend the Client’s access to the Solution if:
During suspension, the Client remains responsible for all fees incurred.
Both Parties agree to keep all Confidential Information shared between them secure and to use it only for fulfilling their obligations under these Terms of Use. This confidentiality obligation survives the termination of this agreement.
The Client may terminate the agreement before the Trial Period ends. After the Trial Period, the Client may terminate by giving written notice before the Auto Renewal date. Upon termination, all rights granted revert to the respective Parties.
The Company aims to make the Solution available 95% of each financial year, barring any force majeure events or scheduled maintenance. If the Solution fails to meet this standard for two consecutive months, the Client has the right to terminate the agreement.
The Company makes no warranties regarding third-party applications integrated with the Solution. The Client acknowledges that third-party services come with their own terms, and the Company is not liable for any issues arising from such services.
The Client is responsible for ensuring compliance with Applicable Data Protection Laws and obtaining relevant consents from users. The Company will process Personal Data only as necessary to provide the Solution.
The Company provides the Solution "as is" without warranties of any kind. The Company is not liable for errors, bugs, viruses, or interruptions in service.
The Client agrees to indemnify the Company against any losses arising from a breach of these Terms of Use. Similarly, the Company agrees to indemnify the Client for any third-party claims related to the Solution.
Neither Party shall be liable for indirect, special, or consequential damages. The Company's total liability shall not exceed the amount paid by the Client in the preceding 12 months.
All intellectual property related to the Solution remains the property of the Company. The Client agrees not to contest the Company’s ownership of its intellectual property during or after the Term.
The Company reserves the right to use the Client’s name and logo for marketing purposes, and the Client provides a perpetual license for this usage.
FORCE MAJEURE
Neither Party will be held liable for delays or failure to perform due to causes beyond their control, such as natural disasters, strikes, or government actions.
For any communication or notices, you can contact the Company at:
New Jersey 295 Durham Avenue, Suite D, South Plainfiled, NJ – 07080
Email: sales@vitelsms.com
Phone: 855-558-4835