Terms and Conditions for the SMS Service provided by login.bulksms.my

  1. Scope of Agreement

    By using the Services or System above, you agree to these terms specified in this contract. The contract is deemed established as soon as the username and password required using the SMS Services at login.bulksms.my.

  2. Usage of the SMS Services at login.bulksms.my
    1. Intellectual Property

      login.bulksms.my remain the sole owner of the above systems (including technology, online tool, software, hardware, website, information, data, text, images, graphic and logos) and reserve all rights not expressly granted to you. The system as may be updated or replaced by feature enhancements, software updates or system restore software provided by login.bulksms.my, whether in read only memory, on any other media or in any other form are not sold or granted to you and use only under the terms of this agreement.

    2. Authorization and Authentication

      To prevent unauthorized access to our online system, an unique user name and password combination is created by the user or agent to access system. For security reason, user is responsible not to provide or expose this information to 3rd party.

      We have no control over the computer you use to access the above systems. As an added security feature, the above system has an automatic log out function if no activity is detected after a preset time limit.

      However, user who selects “Keep me logged in” must ensure no one has access to your computer or records your online activities. Always log out of the above systems immediately after completing transactions and before visiting other websites and do not send any information about your account via e-mail.

      Correspondent mobile contact is serves as identification of the customer to login.bulksms.my’s system. The user is responsible to ensure the contact is valid and legally registered under the username.

      login.bulksms.my will perform no further authentication of the customer's identity. The customer agrees that all activities which can be traced to his username, password and correspondent mobile number are deemed as having been performed by the customer himself and are legally binding for him.

      login.bulksms.my has all rights to suspend any account with an invalid or inactive correspondent mobile contact.

    3. Risks

      The customer agrees that, by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of SMS Services by login.bulksms.my.

    4. SMS Transmission
      1. Delivery

        The customer acknowledges that login.bulksms.my delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery with respect to transmission of SMS messages within the technical constraints imposed by the providers.

        SMS messages submitted via login.bulksms.my will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. The customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all.

      2. Large Volume Transmission

        The customer acknowledges that transmission of large SMS amounts may be subject to restrictions and delays on the part of the mobile network providers affected.

      3. Traffic Type

        The customers accept only to send mobile terminating messages to recipients that have acknowledged receiving it from customer. Traffic types allowed by this contract have to be: clean bulk (opt-in), streaming and person 2 person traffic. In case of any problems or penalty that can affect login.bulksms.my’s system, regarding termination to mobile subscribers that don't desire to receive messages, all will be passed to the Customer.

  3. Customer’s Liability
    1. SMS Content

      The customer assumes full responsibility for the content of SMS messages transmitted by himself or by a third party on his request.

      The customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by him. The customer assumes liability for all consequences and costs arising out of offences against such regulations.

      The customer must ensure that his SMS delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content.

      The customer is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS.

      The customer agrees to indemnify and hold login.bulksms.my, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the customer transmit through the Service, the customer's use of the Service, the customer's connection to the Service, the customer's violation of the Terms of Usage, or the customer's violation of any rights of another.

    2. Termination

      You agree that the system provided by login.bulksms.my, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if login.bulksms.my believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage.

      You agree that any termination of your access to the Service under any provision of this Terms of Usage may be effected without prior notice if login.bulksms.my believes that you have violated the Terms of Usage. And agree that login.bulksms.my may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that login.bulksms.my shall not be liable to you or any third-party for any termination of your access to the Service.

      Under the Malaysian Communications and Multimedia Commission Act 1998, (Determination No.4 of 2009) item 103, the vendor is allowed to keep the original, copies or duplicates of the information or any test data provided for not more than 24 months. Receiving party must have the ability to provide the relevant information or test data to the legal authorities if the recipient places a report toward the disclosing party for law enforcement.

      Upon receipt of “STOP” and “BATAL” or similar phrase from the SMS recipient, login.bulksms.my has all right and immediately terminate / block / filter ant SMS sent to the recipient subscribe by the mobile customer.

  4. Privacy Policy

    At all times your information will be treated in accordance with login.bulksms.my’s Privacy Policy. Any information, database, content, recipient’s details are the user’s property. login.bulksms.my do not use, expose or sell these information without obtaining your consent, except legally required by law and enforcement.

  5. Financial and accounting
    1. SMS Debits

      login.bulksms.my debits transmitted SMS messages from the customer's online SMS account according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, but login.bulksms.my investigations have not produced evidence of a technical problem or error.

    2. Account Balance

      The SMS account balance is non-refundable and does not bear interest.

    3. Refund

      Credits are not refundable for all outgoing SMS rejected by Telcos. The SMS Credit will still be deducted even though the SMS was terminated before it is delivered to the recipients or failed to receive by recipient under the status – Delivery Failure, Sent, Expired, Not In Service, Out of Coverage, QInTelco & Pending. However, system will refund automatically for those SMS with “ERROR” status.

  6. Validity period

    All SMS credits are valid for 1 year. You can top-up credits (Minimum 1000 SMS) to bring forward the balance of your SMS Credits.

  7. Reselling login.bulksms.my SMS Services

    Agent MUST follow the package pricing and the rate of SMS to customer and Agent.