Unifonic - Serviceterms Document
2nd Jun 2015

Terms of Services

Services:

Unifonic services refer to the messaging services, and any additional services provided by Unifonic, and the Customer has the right to use it by agreeing to conduct an agreement with Unifonic; in which this agreement will be established upon completing the registration by the Customer.

Customer will ensure that Unifonic Services provided under the platform are used in accordance with all applicable laws, and regulations, as well as the terms of this Agreement. Specifically and without limitation, Customer will ensure that Unifonic is entitled to use the Customer Data as needed to provide Unifonic Services and will not use Unifonic Services in any manner that violates any data protection statute, regulation, order or similar law.

Unifonic may make new changes to its services, or add new features to the platform. In both cases Unifonic will notify its Customers with these changes either by, sending an email to the Customer registered Email Address, or by sending notifications on the platform.

Payments and Charging:

Upon registration, the Customer will be subscribed under the Basic Plan (Free Subscription), in which the Customer can know the message cost per unit per destination. Three different Business Plans are available to Customers to choose from according to their traffic and budget. The price for the Business Plan includes the price for the listed features within the Plan (Yearly Subscription), and does not include the price for the sending.

The price for Unifonic Plans and Features will be paid in advance, and will be non-refundable and payment obligations are non-cancellable unless exceptions are provided in the Purchase Order. The price will remain unchanged during the term of the Purchase Order. For approved Purchase Order the Customer will receive the Order Invoice to the registered Email Address on the first week of the next month, and can view it on the Order Invoices section on the platform.

Unifonic provides the Customer with two payment method to finalize the Purchase Order; Credit Card and Bank Transfer.

To conduct any sending transaction the Account Balance must contain sufficient credit, unless the Customer account has a valid Pre-Paid Package. Any scheduled messages will be sent with the message cost of the date the scheduled messages were created.

Refund Policies (TBA)

Rights and Obligations:

Unifonic Rights and Obligations:

Unifonic may shut down the website to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime. Unifonic reserves the right to modify the terms of this agreement at any time. For such changes Unifonic may notify the Customers by sending email, or by publishing the amended agreement on the website.

Customer Rights and Obligations:

Customer owns any data or information submitted in the course of using the platform. This agreement does not grant us any ownership rights to Customer materials or data. The Customer grants Unifonic the permission to use the Customer Materials and Data only to contact with related information to the Customer account. Customer shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to Customer Data.

Confidentiality

Customer’s Confidential Information shall include Customer’s Data; Unifonic’s Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Purchase Orders, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted under this agreement. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, and representatives who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

Termination

Either party may terminate this agreement in case of any breach by serving a 30 days’ notice to the other party to rectify the breach. If the breach remained uncured after the 30 days’ notice the agreement with be terminated immediately.

Unifonic has the right to suspend any Customer’s access by either given 10 days’ notice or immediately for the following reasons:

  1. Use of Unifonic services in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement.
  2. Use of material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
  3. Non-payment of any amount past due.

If this agreement was terminated by the Customer for a cause; the Customer will be entitled to get a refund for the unused term and balance. If this agreement was terminated by Unifonic, no refund will be provided to the Customer.

Limitation to Liability

Service Provider shall use its best efforts to provide and maintain the Service and to perform its obligations under the Agreement in a professional and workmanlike manner.

Neither Party will be liable to the other for any incidental, consequential, indirect, punitive, special or reliance damages related to this agreement or the services provided hereunder, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, business interruption, or costs of lost or damaged data, even if such Party has been advised of the possibility of such damages.

Force Majeure

Neither party is liable for any failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Complaint Support

Unifonic provides to Customers a live chat center that the Customer can raise a complaint Ticket through it and Unifonic shall provide solutions immediately or within 24 hours if the raised complaint needs any technical support.

Governing Law

The Agreement and the relationship of the Parties in connection with the subject matter of the Agreement shall be governed by the Bahraini Laws. Any dispute related to this Agreement shall be settled exclusively Manama Courts.