Service agreement on Service www.bsg.hk
This Service agreement on service www.bsg.hk (hereinafter referred to as “Agreement” is a public offer of BSG HONG KONG LIMITED registered and operating in accordance with the legislation of Hong Kong, registration number 2202606 , legal address 5.17/F. Bonham Trade Centre 50, Bonham Strand, Sheung Wan, Hong Kong (hereinafter referred to as the “Company”) addressed to any natural person and/or legal entity (hereinafter referred to as “Users”). It is an official and public offer to sign an agreement, the subject and terms of which are indicated in this Agreement.
Hereinafter referred to as the “Parties” and separately as the “Party”,
Whereas the Company has generated Service www.bsg.hk and offers it in the form of the facilities and whereas the User is intended to start paid use of this facility of the Service www.bsg.hk , the Parties have signed this Service agreement on Service www.bsg.hk on the following:
User – natural person or legal entity who has signed an Agreement with the Company by means of acceptance of the public offer on the Company Web-site.
Web-site – Web-site of the Company,www.bsg.hk
Service www.bsg.hk – a set of hardware devices and software owned by the Company which allow process SMS-messages: store them till the moment of sending, deliver to Subscribers and receive them from Subscribers, maintain records and statistics on the incoming and outgoing SMS-messages (hereinafter referred to as “Service”).
Facility – sending and receiving of SMS-messages (hereinafter referred to as “Facility”).
Personal account – multifunctional web-interface of the User in the Service located at the address http://www.bsg.hk access to which is implemented upon the authentication, i.e. entering of login and password. In the Personal account, the User performs sending and receiving of SMS-messages, looks through the statistics, tracks out the state of the Electronic account, etc.
SMS-message – short text message (up to 160 characters of the Latin alphabet and up to 70 characters of the Cyrillic alphabet) which can be sent and received by the Subscriber.
Electronic account – the sum which shows the User’s current balance in the Personal account, i.e. the difference between monetary funds paid by the User in the form of advance payment and cost of rendered Facility by the Company. In case of the negative value, it shows the payable indebtedness of the User to the Company for the already rendered Facility.
Subscriber – natural person or legal entity which uses mobile services of any telecom operators.
Gateway – combination of all hardware devices, software and other equipment required by the Parties for the transfer of SMS and other data between networks of the User and Company.
Spam-SMS – any SMS for receiving of which the Subscriber has not preliminary given his consent irrespective of its content which conforms to at least one of the following criteria:
- SMS have the same text and/or graphical objects, audio or video files and are of the mass character, i.e. are delivered to more than ten Subscribers without their preliminary consent.
- SMS with the same or different text are delivered to the same Subscriber for more than 10 (ten) times per day.
- SMS which have resulted in the submission of complaints by the Subscriber or occurrence of obstacles of the technical character in operation of the Company gateway or operator’s telecommunication network.
- SMS does not contain reliable information on the full name of the User and/or number of the phone line of the maintenance service.
- Further receiving of SMS cannot be terminated by the Subscriber by means of informing the User about that.
- SMS test of which has not been preliminarily coordinated with the Company in case if such a coordination of the text is compulsory according to the terms of this Agreement.
Number of the phone line of the maintenance service – phone number of the functional department of the User or the third party involved by the User on contractual terms which provides service backup for the Subscribers related to Facilities rendered by the Company within the frameworks of this Agreement, in particular, consulting, acceptance of complains, giving consent and/or prohibition for receiving SMS from the User or another one.
Alphanumeric Name – a unique combination of Latin letters or a unique combination of Latin letters with Arabic numerals (not more than 11 characters) which is assigned to the User according to his expression of will and which is showed in SMS-messages transferred to Subscribers as User’s signature.
- Acceptance of the Agreement
- This Agreement comes into effect from the moment of clicking the button “Agree with the terms of the public offer” in the course of purchasing Facility/service and is valid within the whole period of using this Facility by the User.
- By clicking Agree with the terms of the public offer” the User proves that he has come to age, has enough dispositive legal capacity and legal competence in accordance with the legislation of his state and the state of Belize and is obliged to prevent the use of the Facility by minors, incapable persons (including partially incapacitated) and bears personal responsibility for the admission of such persons to the use of the Facility.
- The fact of clicking the button “Agree with the terms of the public offer” proves that the User understands all his rights and obligations in the full amount and he unconditionally accepts the terms of this Agreement.
- Subject of the Agreement
- Within the frameworks of this Agreement, the Company grants to the User the following Facilities/Service: sending of SMS-messages and receiving of SMS-messages via the Web-site.
- Using Facility/Service of the Company is equal to the use of Company software by the User for SMS-messages sending and receiving.
- The terms of this Agreement are fully accepted by the User.
- Rights and obligations of the Parties
- The Company is obliged:
- Render Facility to the User according to the procedure predetermined by this Agreement, Rules of Facilities rendering and current tariffs.
- Upon receiving monetary funds on the settlement account of the Company for Facilities on the Agreement, credit the received sum to the Electronic account of the User.
- Provide 24/7/365 working efficiency of the Service during the validity period of the Agreement except cases of force-majeure circumstances occurrence of which could not be foreseen and/or prevented by the Company.
- Provide the User with the access to his Personal account by means of granting the login and password.
- Show in the Personal account of the User information on credited payments, state of the Electronic account, status of every delivered SMS-message and other data within the frameworks of rendering Facilities on the Agreement.
- Render Facilities in accordance with the norms of the legislation of a number of countries in which SMS-messages mailing is performed and in accordance with the norms of the international law.
- Keep confidentiality of information obtained from the User in the course of the registration and transferred to the Company in the course of Facility using.
- Keep records of Facilities consumption by the User.
- The Company is entitled to:
- Terminate rendering of Facilities in case of absence of funds on the User’s account.
- Bring alterations to the terms of this Agreement with the notification of the User by means of posting information in the User’s personal account. If within 5 days the Company does not receive from the User rejection to accept such alterations and the User continues using Facilities on the basis of the new terms, alterations of the Agreement will be considered as accepted by the User.
- Terminate rendering of Facilities and terminate the Agreement in case of the violation of paragraph 3.3. of the Agreement and Rules of Facilities rendering (Supplement No. 1) by the User.
- Reject any name of the senders and texts of SMS-messages created by the User which according to the Company’s point of view break paragraphs 3.3.3, 3.3.4, 3.3.6, 3.3.7 of the Agreement.
- Inform about various events, campaigns, and news of the Company via SMS and e-mail indicated by the User in the form of the registration in the Facility.
- In any time claim from the User the availability of supporting documentation for SMS-mailing (profiles of Subscribers with their consent for receiving SMS, certificates for advertised goods/services, etc.).
- The User is obliged:
- Pay services in accordance with the tariffs and on the basis of the terms established by the Company.
- Keep documents which prove performed payment for the Facility.
- Not to assign to SMS-messages as the sender’s address the name of any legal entity (telecom operator, banking, insurance institution, state and governmental institutions, etc.) to which the User is not related, except the cases when the legality of such a sender address use is documentarily confirmed by the legal entity itself.
- Strictly keep to the Rules of rendering Facilities mentioned in Supplement No. 1.
- Submit his personal data and cell phone number, and e-mail address which are registered for the User’s name. Only the User whose data have been submitted and verified by the Company employees can use the Facility.
- Mandatorily obtain from the Subscriber the consent for receiving SMS-messages according to the form which can be submitted to the telecom operator if required in the form of the implicit confirmation of voluntariness of SMS-messages receiving by the Subscriber.
- Not to perform mailing of SMS-messages of the advertising nature without the written consent of the Subscribers and misleading mailing to the Subscribers related content of SMS-messages or their sender.
- Not to send SMS for Subscribers of a separate telecom operator which contains advertisement of telecommunication services or information which encourages use of telecommunication services of other telecom operators or contains advertisement or information which encourages cooperation with other legal entities except the Company on rendering SMS sending Facilities.
- The User is entitled:
- Receive from the Company Facilities in accordance with the terms of this Agreement.
- Claim from the Company rendering Facilities in accordance with the terms of the Agreement and Rules of Facilities rendering.
- Look through the information about the condition of the Electronic account, about credited payments, detailed information on expenditures for the Facilities actually rendered by the Company in the Personal account.
- In case of failing to fulfill or improper fulfillment of the Company obligation on the Facility rendering, unilaterally terminate the Agreement having informed the Company about that not later than in 5 (five) days to the expected date of the Agreement termination.
- The User has the right to send SMS only upon receiving from the Company the previous written coordinated text of SMS and/or graphical objects, audio or video files which are included to SMS and means and method of their sending if such SMS contains or has the signs of:
- Supplying information (including of the advertising nature) on spirits or tobacco products;
- Supplying information (including of the advertising nature) on medical services or medicinal drugs;
- Supplying information (including of the advertising nature) on food products;
- Supplying information (including of the advertising nature) on non-governmental organizations;
- Supplying information (including of the advertising nature) which directly or indirectly concerns minors.
- Supplying information (including of the advertising nature) in the form of the cross-reference in SMS text. The “cross-reference” means supplying information the source/primary source of which is not the User and/or supplying information (including of the advertising nature) the content of which does not conform to the subject of SMS and does not conform to the trade mark and Alphanumeric Name but not limiting with:
Supplying information related events/services/goods/campaigns of strange third parties who are partners/clients of the User and/or perform the above-mentioned events/campaigns jointly with the User and/or have involved the User to the advertising promotion of their events/services/goods/campaigns, and the like.
- The User is obliged to submit for coordination text of SMS and/or graphical objects, audio or video files which are included to SMS within 2 (two) working days from the moment of receiving the respective enquiry from the Company with the purpose of analyzing the conformity of its form and subject to the current legislation and provisions of this Contract. If the Company thinks that its form or subject contradict to the legislative requirements or provisions of this Agreement or if the User surrenders submitting to the Company SMS text and/or graphical objects, audio or video files included to SMS for coordination, the Company has the right to decline (or block) transfer of such SMS.
- Cost of Facility and settlements procedure
- The cost of the Facility is determined in accordance with the current tariffs approved by the Company and posted on the Web-site and/or Personal account of the User. The prices for the Facility are specified by the Company in EUR.
- Payment for Facilities on this Agreement is performed by means of the cashless transfer of funds via different payment systems specified on the Web-site / in the Personal account of the User and/or to the settlement account of the Company on the basis of invoices drawn by the Company within 10 (ten) calendar days from the moment of invoice receiving.
- The Company has the right for opening to the User the limited credit line for a certain period for the Facility use.
- The Company has the right for the unilateral revision of prices for the Facility and introduction of new tariffs. The tariffs can be changed by the Company in an instantaneous or preliminary way.
- The date of coming new tariffs into effect is the date of their posting in the Personal account of the User. An additional notification mechanism but not an obligatory one is sending of modified tariffs to the e-mail of the User indicated in personal settings of the User in the respective box.
- The Facility is rendered under the positive balance on the User’s account and/or in case of opening the limited credit line for the User by the Company.
- The User bears responsibility for the correctness of his payments.
- All terms of this Agreement and any information and data obtained by the Parties in connection with this Agreement execution are strictly confidential and shall not be disclosed and transferred to the third parties except the cases when disclosure of such information to the competent bodies is legally binding.
- The Parties are obliged to keep strict confidentiality and take all possible measures which are not less than the measures which are taken by every Party for protection of its own information.
- Responsibility of the Parties
- The Parties bear responsibility is accordance with this Agreement and legislation of England.
- If either Party fails to fulfill obligations on this Agreement, it is obliged to compensate to the suffered Party direct document supported losses.
- Responsibility for the storage of the password and inaccessibility of the password to the third parties is completely born by the User.
- Responsibility for the content of SMS-messages and assigned sender’s address is solely born by the User as well as complains of the third parties to the Company for the content of SMS-messages are referred to the User’s scope of responsibility.
- If the User violates paragraphs 3.3.3., 3.3.4., 3.3.5., 3.3.6., 3.3.7., 3.3.8. of this Agreement and the Rules of Facilities rendering (Supplement No. 1), the Company has the right for collecting from the User the penalty in the sum of EUR 5,000 (five thousand) for every case of violation.
- In case of repeated and regular violation indicated in i.6.5 of the Agreement by the User, the Company depending on the scope of violation can terminate and completely block rendering of the Facility on the Agreement just upon receiving information on such a violation.
- The Company is not responsible for the losses and other consequences resulted in connection with the use or impossibility to use the Company Facilities by the User.
- The User is responsible for all the consequences and losses borne by the Company, Operators and/or third parties in connection with the use of the Facility which contradicts to the current legislation and/or provisions of this Agreement and Supplements to it. The User is obliged solely settle all the claims and lawsuits of the Company, Operators, right holders and the third parties and compensate to the above-mentioned entities all the losses on the full scale.
- Obligations of the Company don’t include control over legality or illegality of information transferred by the Users via SMS-messages, determining ownership rights and legality of transfer, acceptance or use of the transferred information.
10.The Company is not responsible for temporary faults and breaks in software operation used for the transfer of SMS-messages and respectively the Web-site and consequences caused by such faults.
11.The Company is not responsible for the Users’ violation of this Agreement, legislation and for any damage caused by the User to the third parties.
12.The Company is not responsible for the disclosure of User’s confidential information of the Agreement by the Company employees and the third parties in accordance with i.3.1.7.
13.6.13. The Company is released from responsibility for the full or partial non-fulfillment of obligations on this Agreement if such a non-fulfillment is the result of force-majeure circumstances (force-majeure).
- The Parties are released from responsibility for the full or partial non-fulfillment of their obligations on this Agreement if such a non-fulfillment is the result of force-majeure circumstances occurred during the validity period of this Agreement such as floods, fire, earthquakes and other acts of God, wars and military activities, strikes, embargo which make it impossible to fulfill this Agreement.
- The Party which cannot fulfill the obligations on the Agreement in connection with force-majeure circumstances is obliged to notify another Party in the written form about occurrence of such circumstances and if possible about the expected date of their ending not later than in 14 days from the moment of such circumstances occurrence. Circumstances indicated in such a notification shall be proved with the official certificate of the Chamber of Trade and Commerce or other authorized body of the respective country. If the respective notification and its confirmation have not been sent, the Party is deprived of the right for referring for any of the above-mentioned circumstances in case of the non-fulfillment of the obligations on the Agreement.
- Occurrence of force-majeure circumstances is not the ground for the User’s rejection to pay for the Facility rendered by the Company before the occurrence of such circumstances.
- Special provisions
- In accordance with the applicable law, the User grants to the Company the right for processing (including collection, systematization, accumulation, storage, specification, updating, alteration, distribution, transfer, etc.) of his personal information including for the purposes of signing and executing of this Agreement. Such a consent is given by the User for the period of 5 years and can be withdrawn in any time by means of the transfer of the signed written notification to the Company.
- The applicable law on this Agreement is the law of England.
- Termination of the Agreement
- The moment of the Agreement signing is determined in accordance with i.1.1. of this Agreement.
- The Parties are entitled to terminate this Agreement in any time on a unilateral basis according to the procedure determined by the respective provisions of this Agreement.
- In case of the termination of the Agreement, the funds remaining on the User’s Electronic account are not repaid to the User.
- In case of the termination of the Agreement by the initiative of the Company because of the violation of the Agreement and Rules of Facilities rendering (Supplement No. 1) by the User, the funds are not repaid to the User and the access to the Web-site is blocked.
- All disputes and discrepancies occurred as the result of or in connection with this Agreement shall be solved by means of negotiations between the Parties.
- If the Parties fail to come to the agreement, the disputes on this agreement or connected with it including those ones which relate its interpretation, execution, violation, termination or invalidity are subject to solving in the International commercial arbitration court by the Chamber of Trade and Commerce of Ukraine in accordance with its Procedures.
- The applicable law of this Agreement is the substantive law of England.
- The Arbitration court consists of single arbitrator.
- The place of the sitting of the Arbitration court is Kyiv city.
- Language of the arbitration proceeding is Ukrainian.
- Any amendments to this Agreement can be brought by the Company without the preliminary notification of the User. The User independently checks the availability of such amendments and gives his consent to such amendments continuing using the Facilities.
- The comprehensive text of the Agreement is posted on the Web-site by referencehttp://app.bsg.hk/auth/agreement. The text of the Agreement can be looked through in any time. The access is open both for common visitors of the web-site and for the registered or users willing to register.
- The User who rejects accepting terms of the Agreement will not obtain the Facility. If has earlier used the Facility, the access to the Facility is immediately blocked.
- All notifications, permissions, and other messages which could be between the Parties in the course of the fulfillment of obligations on this Agreement can be transferred by one Party to another Party via e-mail.
- The Party cannot transfer its rights and obligations on this Agreement to the third parties without the consent of another Party except the cases predetermined by the Agreement.
- The version of this Agreement is valid till the 30stof June, 2016.
12.Contact details for the feedback of the User with the Company:
Operator phone (user support 24/7) +38 044 331 3552
BSG HONG KONG LIMITED
5.17/F. Bonham Trade Centre 50, Bonham Strand, Sheung Wan, Hong Kong
Registration number 2202606
Director Ruslan Naurzalin
Rules of Facilities rendering
- Facilities are rendered only to the User who has signed with the Company the Service agreement on Servicewww.bsg.hk .
- The Company renders Facility to the User within the frameworks of the Personal account in Servicewww.bsg.hk .
- The User registers the Personal account in Servicewww.bsg.hk which is located at the address http://app.bsg.hk.
- In the course of the Personal account registering the User indicates the authorization data: personal login and password for entering the Personal account.
- The User initiates rendering of Facilities by means of the transfer of the command for sending SMS-messages via WEB-interface of the Personal account or via protocols of data transfer, i.e. SMTP (e-mail), HTTP, HTTPS (SSL), SMPP, XML or others. Detailed description of data transfer protocols are posted with no access restrictions on the web-site http://bsg.hk/docs/.
- The writing off of amounts from the Electronic account in the volume of SMS-message cost specified in the current tariffs on the Web-site is performed in the course of sending every SMS-message by the User via Servicehttp://www.app.bsg.hk/direction/user-direction-show
- The moment of SMS-message sending and respective writing off of amounts from the Electronic account of the User is the moment of its delivery by Servicewww.bsg.hk to the telecom operator for the transfer to Subscribers.
- SMS-message contains information in the digital text format up to 160 Latin characters or up to 70 non-Latin characters. Every part of the linked message is of 140 bytes. Final segments of linked messages with the size which is less than 140 bytes are considered as separate messages. In case sending several linked messages, the length of every of them is 153 Latin or 67 non-Latin characters in connection with the necessity of adding the heading for uniting SMS-messages into one message for the Subscriber.
- In case of sending ten and more linked SMS-messages in one message the Company does not guarantee to the User the correctness of their sending to the Subscriber. The Company also does not guarantee the correctness of SMS-messages sending to the Subscriber in case of Subscriber’s staying in the roaming.
10.For the identification of the User as the sender of SMS for Subscribers, the Alphanumeric Name can be used.
11.It is forbidden to use combinations of the Latin letters and/or numerals (words) as the Alphanumeric Name which:
- propagandize war, national and religious discord, change of the constitutional system or territorial integrity of the countries;
- propagandize fascism or neo-fascism;
- diminish or humiliate the nation/race or person on the national/racial feature;
- propagandize disrespect to national and religious relics;
- diminish a person, are the expression of abuse related physical imperfections (injuries), mentally sick, seniors;
- propagandize ignorance, disregard for parents;
- propagandize drug addiction, chemical abuse, alcoholism, smoking and other bad habits;
- are of sexual or erotic nature;
- contain swear words;
- contain marks for goods and services or phone numbers, proper names in relation to which the User cannot prove the right for their use and the like;
- are a casual composition of letters and/or numerals the combination of which is not sufficient for the identification of the User as SMS sender.
12.For using in Alphanumeric Names trademarks (their separate parts) and/or brand names (including trademarks and/or brand names of the third parties) and/or proper names, the Contractor retains his right for demanding from the Client submission of documents which prove the Client’s possession of the grounds for his usage of such trademarks (their separate parts) and/or brand names and/or proper names.
13.If the Alphanumeric Name suggested by the User (or a combination of Latin letters or a unique combination of Latin letters with Arab numerals) contradicts to the requirements specified in this Agreement or does not correspond to the requirements of telecom operators, the Company has the right to reject its use by the User.
14.14. The confirmation of the Subscriber’s consent for receiving SMS from the User is the written consent granted by the Subscriber to the User according to the procedure and form determined by the current legislation. The User guarantees that Subscribers for whom SMS is transferred shall be dully notified that personal data submitted by them have been included to the personal data base registered in the State register of the personal data bases including with the purpose of User’s transfer of SMS with the help of the Company gateway.
BSG HONG KONG LIMITED
Director Ruslan Naurzalin