CONTRACT OFFER for using our services

on the provision of SMS notification services, HLR requests (public offer)

Service HLR and SMS informing SempiCo Solutions, hereinafter referred to as CONTRACTOR, proposes, under the conditions set forth below, to any legal or natural person, hereinafter referred to as the CUSTOMER, the services whose list and amount of payment are indicated on the site https://sempico.solutions/ hereinafter referred to as the Site.

 

1. THE SUBJECT OF THE AGREEMENT

1.1. Within the framework of this Agreement, the CONTRACTOR shall provide the CUSTOMER with the following services: sending SMS-messages, HLR lookup service, (hereinafter referred to as the “Services”) through the CONTRACTOR’s Service.

2. DEFINITION OF TERMS

2.1. By agreeing to the essential conditions of the offer of the Party, consent is given that the concepts will be used in this meaning:

  • Public offer (offer)“, or “Proposals” – the offer of the CONTRACTOR addressed to an unlimited number of persons to conclude a contract indicating all the conditions necessary for this.
  • Customer” means a person, in the manner specified in clause 1.2 of this Offer, has concluded a contract for the provision of services in the field of mobile communications in accordance with its terms.
  • Acceptance of the offer (acceptance)” – full and unconditional acceptance by the other party – the CUSTOMER – of the proposal on concluding the contract on the conditions specified by the Contractor. “Site” is the website of the CONTRACTOR, posted on the Internet at: https://sempico.solutions/.
  • Login” is an alphanumeric character set that identifies the CUSTOMER among other users of the site.
  • Password” is a secret word or a certain sequence of symbols intended for identifying the CUSTOMER on the site.
  • Electronic signature by one-time identifier” means data in electronic form in the form of an alphanumeric sequence that are attached to other electronic data by the CUSTOMER who accepted the offer (offer) to conclude an electronic contract and sent to the CONTRACTOR;
  • User” or “Subscriber” is a consumer of telecommunication services of any Operator that is included in the database of recipients of SMS messages of the Customer, and duly expressed his consent to receive messages from the CUSTOMER.
  • Operator” is a legal entity that has the right to provide mobile services (Mobile Operator) or to provide fixed telephony services using wireless access to a telecommunications network (CDMA Operator), regardless of the standard, in Ukraine or other countries of the world.
  • System” is a proper software and hardware complex that provides the technical possibility of providing the Services, allows the CUSTOMER to register for itself, send SMS messages, track their status, monitor their Personal Account and the like. Access to the System is provided to the Customer after registration.
  • Personal cabinet” – a multi-functional web-interface of the CUSTOMER in the SERVICE of the CONTRACTOR, is located at https://profile.sempico.solutions, which is accessed after authorization – the introduction of the login and password. In the “Personal account” the Customer sends messages, monitors the status of the electronic virtual account and the like.
  • Services” means services, including services for the transmission of messages provided by the CONTRACTOR to the CUSTOMER for the implementation of this Offer.
  • Alphanumeric Name” is a unique combination of letters, or letters and numbers used to provide services, and which is used to exchange messages between the CUSTOMER and the USER.
  • SMS messages” or “Messages” is a short text message containing information in a digital text format up to 160 latin characters or up to 70 non-Latin characters, or each part of a combined message up to 140 bytes in size, or each binary message up to 140 bytes in size. The final fragments of combined text or binary messages of less than 140 bytes are considered separate messages. If two combined messages are sent, their length will be 306 and 134 characters respectively, with three combined messages, their length will be 459 and 201 characters respectively. When sending ten or more combined sms messages, the CONTRACTOR does not guarantee the CUSTOMER the correctness of their delivery to subscribers.
  • Spam-message” or “Spam” is an electronic text message not previously ordered by the subscriber, regardless of its content or corresponding to at least one of the following criteria:
    • delivered to subscribers without their prior consent or resulted in complaints of these subscribers regarding their receipt;
    • delivered to subscribers, encouraging them to call and / or send an electronic text message to the proposed numbers, or to participate in any activities, or contain proposals to communicate explicitly or implicitly to the operator’s network other than the operator’s network whose subscribers receive the message;
    • message, the content of which is contrary to EU law or wrong;
    • messages have the same text and are massive, that is, they are delivered to more than ten subscribers without their prior consent;
    • a message with the same or different text is delivered to the same subscriber more than 10 times a day;
    • a message that will be prorated after receiving it for the subscriber, provided that the subscriber did not order such message;
    • the message led to the submission of customer complaints, or the occurrence of technical obstacles in the operation of the System or the operator’s telecommunications network;
    • the message does not contain the telephone number of the customer service line;
    • the message does not contain reliable information about the name, e-mail address or e-mail address of the customer of these messages, provided that the subscriber did not order such message;
    • the further message received by the subscriber can not be terminated by informing the customer about it;
    • the message contains information that can be regarded as pre-election campaigning or political advertising;
    • the message contains information of an erotic or pornographic nature;
    • the message contains information of a religious (cult) nature;
    • the message contains advertisements / information that contradicts the requirements of public morality and / or the EU Laws “On the Protection of Public Morality”, information infringing on the integrity of the territorial borders of the EU, violates the principles of the constitutional system and contains information of discriminatory content, incites interethnic or religious strife, encroaches on the honor and the dignity of the inhabitants;
    • the communication violates the procedure and method of advertising information, as defined by the EU Law “On Advertising” and “On Information”;
    • the message contains advertising of alcoholic beverages and tobacco products, signs for goods and services, other objects of intellectual property rights, under which alcoholic beverages and tobacco products are produced;
    • the message contains viruses or other elements that may harm the operation of the telecommunications network / equipment of operators and / or the CONTRACTOR or the terminal equipment of the subscriber.

 

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 The CONTRACTOR shall:

3.1.1. To render the CUSTOMER Services in accordance with this Agreement;
3.1.2. Ensure the uninterrupted operation of the CONTRACTOR’s Service, except in cases of force majeure / acts of force majeure circumstances; time of trouble-free operation of the CONTRACTOR’s service – 99.9% of the total service activity time.
3.1.3. Provide the CUSTOMER access to the statistics through the Personal Area by providing a login and password to access the protected area of ​​the CUSTOMER;
3.1.4. To display information about the payments made, the status of the Electronic account, the status of each SMS message sent, the HLR of the request and other data in the framework of the provision of the Services under this Agreement in the CUSTOMER’s Personal Account;
3.1.5. Protect the Customer’s personal data with the proper level of security, strictly observe the privacy policy;
3.1.6. Carry out a refund of funds (which are available in the account of the CUSTOMER, if they were transferred by the CUSTOMER to the bank account of the CONTRACTOR, as a prepaid amount of money for future services provided by the CONTRACTOR under this contract) after receiving from the CUSTOMER a proper notice to the post office finance@sempico.solutions from the authorized e-mail address of the CUSTOMER in the system of the CONTRACTOR; the commission of payment institutions for the transfer of funds from the CONTRACTOR to the CUSTOMER takes over the party initiating this refund of financial resources;
3.1.7. Store the records of the CUSTOMER with detailed information about the data processing operations;
3.1.8. Immediately notify the supervisory authorities in case of revealing the facts of the leakage of personal data;
3.1.9. Do not interfere with the CUSTOMER in the implementation of the CUSTOMER’s rights to change, edit, delete his personal data from the Site;
3.1.10. In a reasonable time, stop processing the personal data of the CUSTOMER after receiving from the CUSTOMER a proper notice with the corresponding requirement.

3.2 The CUSTOMER shall:

3.2.1. Use the Service in accordance with the legislation of the EU and other countries whose subscribers are sending out SMS messages, as well as in accordance with international law.
3.2.2. The CUSTOMER undertakes to reimburse the CONTRACTOR for losses incurred by various payments that may be recovered from the CONTRACTOR due to violations by the CUSTOMER of the provisions of this Agreement.
3.2.3. Obliged to receive from the Subscriber, on whose phone it is planned to send SMS-messages, consent to receive such SMS-messages.
3.2.4. Do not assign SMS-messages as the Address of the sender the name of any legal structure to which the CUSTOMER has no relation.
3.2.5. Do not use the connection to the CONTRACTOR SERVICE:

  • for the organization of SPAM;
  • for the intentional transmission of SMS messages, which may lead to a violation of the CONTRACTOR’s SERVICE serviceability;
  • for sending SMS-messages that mislead the subscribers, for example, sent from someone else’s name or reporting false information.

3.2.6. In due time, in the amount and on the terms provided for in this Agreement, to pay for the Services of the CONTRACTOR;
3.2.8. Do not use any additional devices and software to violate the rules of access and use of the Contractor’s Gateway, including for access to other systems of the Contractor that are not provided for in this Agreement;
3.2.9. Do not use a connection to the CONTRACTOR’s Gateway to organize sending of information that violates EU legislation regarding the protection of individual rights, religious and social beliefs, national dignity, spam.
3.2.10. Take appropriate measures to ensure the safety of its User name (login) and password.
3.2.11. Be personally responsible for any actions taken with the use of your account, as well as for any consequences that could entail or entailed the use of it by third parties, with improper storage of your username (login) and password.

3.3. The CONTRACTOR shall have the right:

3.3.1. Block the CUSTOMER’s personal cabinet when sending the last SMS-messages corresponding to the signs listed in paragraph 4.2.5;
3.3.2. The CONTRACTOR has the right to refuse to the CUSTOMER in assigning the Address of the sender, if it considers that this sender’s address may affect the reputation of outside parties or organizations;
3.3.3. In the event of a change in the tariffs for the provision of communication services by the Operators, as a result of which the CONTRACTOR’s costs associated with the implementation of this Agreement change, the CONTRACTOR shall have the right to unilaterally change the cost of the Services;
3.3.4. The CONTRACTOR shall be entitled to suspend the provision of the Services in the event that the CUSTOMER does not fulfill the payment obligations;
3.3.5. The CONTRACTOR has the right to suspend the sending of messages, in case of detection in the messages prohibited by the operators/content regulators.

3.4. The CUSTOMER has the right:

3.4.1. Require the CONTRACTOR to provide the Services in accordance with the terms of this Agreement;
3.4.2. Receive in the Personal Account the information on the status of the Electronic account, about the payments made, the details of the costs for the services actually rendered by the CONTRACTOR, information on each transmitted and / or received SMS message, reports on HLR requests for a period of not more than 1 year.
3.4.3. Send messages via the Personal Area, API or smpp connection.
3.4.3.1 Send messages:

  • in the GSM Latin or UCS2 (Cyrillic)
  • using a single sender name for all SMS parts
  • send to the CONTRACTOR server all parts of a long SMS
  • on a dedicated connection, using one stream to send SMS and one for receiving
  • with a specified bandwidth

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The CUSTOMER pays the Services provided under this Agreement in accordance with the current Tariffs published on the Site;
4.2. The service is considered to be provided to the CUSTOMER upon receipt of reports in the CONTRACTOR system for each SMS, HLR request;
4.2. Payment for the Services under this Agreement is made by transferring funds to the account of the CONTRACTOR;
4.3. All settlements under this Agreement are made by bank transfer on the basis of 100% prepayment;
4.4. The information on the current tariffs is published by the CONTRACTOR on the Site, as well as in the CUSTOMER’s Personal Account. The CUSTOMER undertakes to independently monitor the actuality of the current tariffs for the CONTRACTOR’s Services.
4.5. In the event of termination of this Agreement, the funds not used on the Electronic Account shall be returned by the CONTRACTOR to the CUSTOMER within 10 (ten) business days.

5. CONFIDENTIALITY

5.1. Confidential information is understood as any information of a technical, commercial, financial nature, directly or indirectly related to the relationship of the Parties, other activities of the Parties not published in the open press and made known to the Parties during the implementation of this Treaty or preliminary negotiations on its conclusion;
5.2. The Parties undertake not to disclose confidential information to third parties and not to use it in any other way, except to fulfill this Agreement;
5.3. The Parties undertake to comply with the current EU legislation regulating legal relations related to the establishment, modification and termination of the confidentiality regime with respect to the personal information of the Parties and not to disclose confidential information to third parties. The CONTRACTOR guarantees to the CUSTOMER that the standards for processing his personal information comply with the requirements of the General Data Protection Standards of the EU (GDPR);
5.4. The CUSTOMER gives permission (consent) to the CONTRACTOR for the collection, processing and storage of his personal data, and also guarantees that he possesses all necessary permissions for the processing of personal data of third parties, the information of which he provides to the CONTRACTOR;
5.5. In order to fulfill the obligations under this Agreement, the CONTRACTOR collects two types of information about the CUSTOMER:

  • personal information that the CUSTOMER has deliberately disclosed to the CONTRACTOR in order to use the resources of the Site;
  • technical information automatically collected by the software of the Site during its visit. During a visit to the CUSTOMER support service, information from the standard server logs is automatically accessible. This includes the IP address of the CUSTOMER’s computer (or a proxy server if it is used to access the Internet), the name of the ISP, the domain name, the type of browser and operating system, information about the site from which the CUSTOMER made the transition to the Site, the pages of the Site , which the CUSTOMER visits, the date and time of these visits, files that the CUSTOMER downloads. This information is analyzed in software in an aggregated (depersonalized) form for the analysis of the Site’s traffic, and is used in developing proposals for its improvement and development. The connection between the IP address and the personal information of the CUSTOMER is never disclosed to third parties, except where required by the law of the country, of which the CUSTOMER is resident, subject to EU legislation.

5.6. The CONTRACTOR takes very seriously the protection of the personal data of the CUSTOMER and third parties and never provides their personal information to anyone, except when specifically authorized by the supervising authority of the EU (for example, at the written request of the court). All processed personal information is used for communication with the CUSTOMER, for analyzing the attendance of the Site, for developing proposals for its improvement and development and can be disclosed to other third parties only with his permission.
5.7. The site uses a technology of user identification based on the use of cookies. Cookies are small files that are saved on a user’s computer through a web browser. On the computer used by the CUSTOMER for access to the Site, cookies can be recorded, which will be used for automatic authorization, as well as for collecting statistical data, in particular about the attendance of the Site. The contractor does not store personal data or passwords in cookies. The CUSTOMER has the right to prohibit the saving of cookies on the computer used to access the Site, having appropriately configured its browser. It should be borne in mind that all services using this technology may not be available.
5.8. The CONTRACTOR provides a transparent notice of the collection, and also explains the purposes and fate of processing the personal data of the CUSTOMER upon its request.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Parties shall be liable in accordance with this Agreement and the law.
6.2. If one of the Parties fails to fulfill the obligations of the Treaty, it undertakes to compensate the injured Party for direct documented losses.
6.3. The responsibility for storing the password and the inaccessibility of the password to the Personal Cabinet to third parties is entirely borne by the CUSTOMER.
6.4. Responsibility for the content of SMS-messages and assigned The address of the sender is the CUSTOMER himself.
6.5. In case of violation by the CUSTOMER of any of the points 3.2.1, 3.2.3, 3.2.4, 3.2.5 of this Agreement, the CONTRACTOR shall be entitled to recover from the CUSTOMER a forfeit of 10 000 (ten thousand) EUR for each violation.

7. CIRCUMSTANCES OF FORCE MAJEURE

7.1. The CONTRACTOR shall be released from responsibility for full or partial failure to perform the obligations under this Agreement, if this happened as a result of force majeure circumstances. Under the circumstances of force majeure the Parties understand: natural disasters, fires, military actions of any kind, illegal actions of third parties, strikes, decisions of public authorities and / or management, if such circumstances arose after the signing of the Treaty, and the Parties could neither provide them nor warn smart actions. A party invoking force majeure circumstances is obliged to immediately inform the other Party about the occurrence and termination of such circumstances and their impact on the ability to fulfill the obligation.
7.2. The performance of obligations under the Treaty by the Parties will be postponed for the period during which the circumstances of force majeure took place. Sanctions in connection with the failure to implement the Treaty do not apply.
7.3. The parties are obliged to inform each other of the occurrence of force majeure circumstances within a five-day period from the moment of their commencement. A party that has not informed the other of the occurrence of force majeure circumstances has no right to refer to them, except in cases where circumstances prevent timely communication.

8. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES

8.1. Claims of the CUSTOMER on the services rendered are accepted by the CONTRACTOR for consideration in writing on the E-mail to the legal@sempico.solutions of the CONTRACTOR not later than 10 (ten) business days from the moment of occurrence of the disputable situation. The period for consideration of the claims of the CUSTOMER is no more than 10 (ten) working.

9. PROCEDURE FOR TERMINATION OF THE CONTRACT

9.1. This Agreement can be terminated by the CONTRACTOR unilaterally in case of violation by the CUSTOMER of one of the items: 3.2.1, 3.2.3, 3.2.4, 3.2.5 of this Agreement.
9.2. The CUSTOMER has the right at any time to refuse the services of the CONTRACTOR and terminate this Agreement unilaterally.
9.3. Termination of this Agreement does not exempt the Parties from the obligation of full repayment of the debt, if any, for the entire period prior to the date of termination of this Agreement.

 

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