| 1. |
We are WWW.TELDATALTD.COM a Telecoms
Data Management company. You are the individual or company entering
into this agreement with us.
This document when read together with the document headed “FAQs”
describes the services we provide and any limitations and/or conditions
of service. |
| |
| 2. |
The SIM BACKUP service we provide, stores the contacts
copied from your SIM Card within your mobile telephone and is provided
to you via secure access from our website - www.teldataltd.com.
The SMS service we provide give a registered subscriber the ability
to send SMS (text Messages) to active phone numbers on the 4 operational
GSM Networks in Nigeria (MTN, VMOBILE, GLOBALCOM and MTEL). |
| 3. |
We will continue to provide access to your online account,
provided you do not violate these terms and conditions and you keep
you account active by paying you full subscription fee on your annual
subscription anniversary.
Instructions and information on our website and our operations may
be subject to change without notice |
| 4. |
As a subscriber to our services, you nust keep confidential
and not disclose to any third party your password or any personal
identification code number or name permitting access to the services
as this personal information serves as our sole identification of
you. You are responsible to us for any use of your user name or any
personal identification code number and password by third parties.
Any use of our SMS service via the use of you username and password
is the subscribers' responsibilty and NOT www.teldataltd.com. |
| 5. |
There is an annual renewl fee of N1,000
for all SIM Backup subscribers from the date of initial signup.
This fee is subject to possible change. This fee applies whether
you use our online facilities or not.The usage of our SMS facility
is charged on a per receipient basis. |
| 6. |
How we protect your information |
| |
Security |
| |
You are responsible for the security and secrecy of
your login identification pin chosen or given by you. You must therefore
ensure that these are not revealed to anybody else. |
| |
If you discover or suspect any unauthorized
use of your login identification pin or that your account security
has been compromised, you must immediately: |
| |
Inform us |
| |
Change your pin (You are advised to
change your pin regularly to protect your own security). |
| |
You agree that the security of your
account, including data stored, sent or received is your own responsibility.
We cannot guarantee the safety and security of any transaction. |
| |
|
| |
A. |
Whilst we use a secure server whose software
(SSL) encrypts all inputted information before it is sent to us we
also: |
| |
i.
ii.
iii.
iv. |
Comply with Nigerian Data protection legislation
Follow strict security procedures in the storage and disclosure of
information
Do not sell, trade or rent your personal information
Are committed to protecting your privacy. |
| |
v.
vi |
We may be required by law to provide information about
your telecommunications traffic to the relevant authorities.
Cannot eliminate the possibility of unauthorized access to the contents
of SMS messages or other data and eavesdropping of mobile communications
including but not limited to SMS messages is possible and may therefore
occur. The Internet is not a secure medium. |
| 7. |
Proprietary Rights |
| |
A. |
All communication media and systems including content
infrastructures and software associated with us remain our property.
By using our service you do not obtain any rights to them and agree
you will not do anything or suffer anything to be done that will affect
our rights or our use or that of others lawfully using the same. |
| |
|
All content, including text, sound,
music, software, photographs, video, graphics or other material
contained in either sponsor advertisements or information presented
to you through the services by us, our advertisers, content/applications
partners, or, users are protected by copyrights, trademarks, patents
or other proprietary rights and laws. You agree that you are only
permitted to use such content as expressly authorized by us or the
advertisers or user in question. |
| |
Things we may do: |
| |
|
We may need to verify the accuracy of the information
you submit. |
| |
|
We may deny access to data which we deem to be unlawful
or inappropriate. |
| |
|
We may occasionally inform you of offers from our advertisers.
Such information is not considered unsolicited mail. |
| 8. |
Limits on our liability |
| |
A. |
While we shall do everything to protect your data, we are not
responsible for any loss of information or data or any other damage
that you may suffer through the use of the service. |
| |
B. |
We make no warranty: |
| |
|
That the service and access to them are error free and uninterrupted
or available at all times. |
| |
|
If you are dissatisfied with the service or
with the materials available on or through the services or with
any of these terms and conditions, your sole and exclusive remedy
is to discontinue accessing and using the services or de-register
the service.
|
| |
C. |
Access to the internet, the mobile networks and other communication
media is associated with risks concerning authentication, data security,
privacy, availability of services, reliability of transmission etc.
and you agree to bear full and exclusive responsibility arising from
such risks and consequences of the use of our services. |
| |
D. |
We are not liable for damages resulting from the loss of any phone
book
contacts, delayed delivery or non-delivery of SMS message-business
cards/Vcards –WAP – GPRS or SYNCML data nor do we guarantee
delivery of the SMS to recipients |
| |
E. |
Whilst we endeavor to provide a server – based services 24
hours a day7 days a week, we shall not be liable for the downtime
of mobile network provider services or of our own servers. |
| |
F. |
We make no representations or warranties (express, implied and statutory
including but not limited to the warranties of merchantability and
fitness for a particular purpose, and non-infringement of property
rights) as to the services and all information, product and all content
(including third party information, product and content) included
in or accessible from our website |
| |
G. |
Neither we or our affiliates or content providers shall be liable
for any damages whatsoever, including but not limited to any direct,
indirect, special, consequential, punitive or incidental damages or
damages for loss of use, profits, data or other intangibles, or the
cost of procurement of substitute services arising out of or related
to the use, inability to use, unauthorized use, performance or non-
performance of the services even if we have been advised previously
of the possibility of such damages and whether such damages arise
in contract, negligence, tort, under statute, in equity, at law or
otherwise. |
| |
H. |
We will refund undeliverable SMS messages or Business/Vcards at
the discretion of the management. |
| 9. |
All refunds are at the discretion of the management
|
| 10. |
Transmission of SMS and other data |
| |
A. |
You acknowledge that we deliver 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 them. |
| |
B. |
SMS messages submitted via us will be transferred to the addressed
mobile recipients provided that the recipients phone is switched on
and located in an area covered by your subscribed mobile network provider |
| |
C. |
You acknowledge that in relying upon the service provided by your
mobile service provider, it may not be possible to transmit the SMS
messages to the recipients successfully, particularly if the provider
does not support SMS delivery at all. |
| 11. |
Fault Reporting: We shall accept fault reports by email
to support@teldataltd.com. Faults cannot be repaired if circumstances
beyond our control prevent their repair. We shall use reasonable endeavors
to ensure uptime of the service. |
| 12. |
Technical Alterations: We reserve the right at any time
to carry out technical alterations to our equipment. |
| 13. |
Price: All prices are subject to change on 30 days notice |
| 15. |
Misuse: Should you be in breach of any term of our
agreement with you we reserve the right to cease providing the service
without notice or compensation without prejudice to any other claim
we might have or remedy we might pursue. |
| 16. |
Notices: Service of all notices shall be at our register
office, which is at 109 Awolowo Road Ikoyi Lagos |
| 17. |
Claims: Any claims must be notified to us in writing
to arrive within 28 days of your having sufficient information to
know that a claim might arise. |
| 18. |
Intellectual Property Rights: In using our service
you warrant that you are not in breach of any other party’s
intellectual property rights and undertake to compensate us for any
losses claims and demands that may be made by any party who claims
that his rights has been breached. |
| 19. |
Jurisdiction: This contract is governed by the laws
of the Federal Republic of Nigeria |
| 20. |
Interpretation |
| |
A. |
If any term in this document or in the FAQs or TECHNICAL FAQs is
held invalid, illegal or unenforceable, the remaining terms shall
not be affected |
| |
B. |
You must at all times comply with all applicable laws, regulations
and restrictions
|