Thank you for using Our Service (“SMSGator”, “The Website”). This Service is provided by SMSGator (“We”, “Us”, “Our”) located at 16 Abayomi Street, Surulere, Lagos. By using Our Service, you (“You” or “The User”) are agreeing to these terms. If you do not wish to be bound by these terms, you may not access or use Our Service. Please read them carefully.
We may modify these terms of use at any time. Your continued use of Our Service is deemed a conclusive acceptance of the modified terms which are binding on you. You agree to review this agreement regularly.
The service
We provide you with an SMS gateway and user interface to send and manage bulk SMS.
We make no guarantees as to the continuous availability of The Service or any specific feature of The Service. We reserve the right to change, terminate, discontinue or suspend The Service at any time.
We consider messages to have been delivered when SMSGator has sent the messages to the immediate destination that the Service is programmed to use. We do not guarantee delivery on behalf of mobile telephone networks or mail servers.
You acknowledge that The Service depends on various telecommunication networks and institutions for delivery and we may adjust prices and offerings if costs change for reasons outside our control.
Using the service
Don’t misuse Our Service. You may use Our Service only as permitted by law. We may suspend or stop providing Our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
We shall fully cooperate with law enforcement authorities or court orders requesting or directing Us to disclose the identity or locate anyone posting material in breach of the law.
Member account
To open an account, The User must complete the registration process and provide only true and accurate information. The User is responsible for the privacy and confidentiality of their password.
The User is entirely responsible for all activities that occur under the account. We will not be held liable for third-party claims or actions taken with respect to services offered. The User agrees to notify us immediately of any unauthorized use.
Billing and payment
We reserve the right to modify prices, charges or fees, provided that changes are posted on the Website.
You agree that all charges for payment of the Service are final and non-refundable. You are responsible for all charges resulting from your use of the Service. We will not provide a refund for charges made on your credit card, debit card or other payments.
We encourage you to check our messaging features, test our services and thoroughly read our pricing terms and coverage so you can be sure what to expect before buying.
Affiliates
We may suspend commissions on account of suspected misconduct. The affiliate is paid a percentage of every successful transaction made by a referral. The affiliate must verify their phone number before accumulating commissions, which may take up to 72 hours to pay out. If a referral asks for a refund, any commission paid to the affiliate must be refunded within 30 days. Bank details must be saved before payments can be made. You cannot refer yourself. Ensure your affiliate link is set up properly so referrals can be tracked. Commissions can be converted to cash or additional SMS units at any time.
Privacy
Our privacy policy explains how we treat your personal data and protect your privacy when you use Our Service. By using Our Service, you agree that We can use such data in accordance with that policy.
Disclaimers and warranties
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMSGATOR AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DO SMSGATOR OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO RESULTS, ACCURACY, RELIABILITY OR TIMELINESS, OR THAT DEFECTS WILL BE CORRECTED. DEPENDING ON THE RECIPIENT’S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT AN SMS MESSAGE SUCCESSFULLY. SMSGATOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MATERIAL OR DATA OBTAINED THROUGH THE SERVICE IS USED AT YOUR OWN DISCRETION AND RISK.
Some states or jurisdictions do not allow the exclusion of certain warranties. The exclusions above may therefore not apply to that extent, and nothing here excludes or limits a warranty beyond what applicable law permits.
Limitations on liability
WHEN PERMITTED BY LAW, SMSGATOR AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
To the extent permitted by law, total liability for any claim under these terms, including implied warranties, is limited to the amount you paid us to use the Service. SMSGator and its suppliers will not be liable for loss or damage that is not reasonably foreseeable. Nothing in this section excludes or limits liability beyond what applicable law permits.
Governing law and jurisdiction
These terms of use shall be governed by and construed in accordance with Nigerian law. Disputes arising in connection with these terms are subject to the exclusive jurisdiction of Nigerian courts.
Miscellaneous
If any provision of this Agreement is invalid or unenforceable under applicable law, it will be deemed modified to the extent necessary to render it valid and enforceable, and the other provisions remain in full force and effect.
These terms set out the whole agreement relating to use of and access to Our Service. They may not be varied by You. Nothing said by any person on Our behalf should be understood as a variation or authorized representation about the Service. We shall have no liability for such a representation being untrue or misleading.