These are SMS Marketing, e-mail Marketing, Social Media Marketing, and other Marketing services of DoviSuite and DOVICHI SERVICES, for user/reseller/partner/client agreement ("services agreement"), it describes the Terms and Conditions under which DoviSuite offers you (the "user" or "you" or "your Reseller") an account (the "account") for use of the DoviSuite service (the " SMS Marketing, e-mail Marketing, Social Media Marketing, and other Marketing services ").
By accessing or using any of these services, you agree to be bound by the Terms and Conditions set forth below as well as the terms and conditions published on the DoviSuite site.
If you do not wish to be bound by these terms and conditions, you should not access or use the services. DoviSuite may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement at the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
1. THE SERVICE
DoviSuite provides the SMS Marketing, e-mail Marketing, Social Media Marketing, and other Marketing services with the capability to send SMS, email, to mobile phones, email addresses via the World Wide Web on the DoviSuite System. DoviSuite may terminate, change, suspend or discontinue any of these Services, including the availability of any features of the Site, at any time. DoviSuite may from time to time provide additional services subject to charges according to the sole discretion of DoviSuite.
2. MEMBER ACCOUNT
(A) Accounts are not available to minors or any person who cannot legally agree to the terms of this Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by DoviSuite. The Services are intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the DoviSuite Services are appropriate for your child.
(B) To open an account for usage of any of the Services, the User must provide true and accurate information as prompted by the Registration Form and shall promptly update such information to keep it true and accurate. The User shall signup with his/her name, physical address, email address, phone number and a username and the password will be sent to the user’s phone number or notification to user’s email address. The User is entirely responsible for the privacy, confidentiality and storage of password. All website activities that can be traced to the username and password of the User are deemed as having performed by User. DoviSuite does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the Services or Your Account(s) and for any activities conducted through Your Account. In addition, DoviSuite may temporarily DEACTIVATE your Account if you report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period or used for illegal activities under the governing Law of the country of use. The User agrees to notify DoviSuite immediately of any unauthorized use of the account at info@DoviSuite.com.
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of these Services. All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. DoviSuite reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the any of the services shall be deemed to be acceptance of any posted changes in the prices for your use of any of the services Service.
(A) Fees: User shall pay to DoviSuite a subscription fee according to the Plan chosen. The account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on DoviSuite do not expire; user can login to any of the services anytime to use service. DoviSuite may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. DoviSuite reserves the right to change prices or institute new charges for access to or use of any of the services Service. Continued use of any of the services or non-termination of User's Account after changes are posted constitutes User's acceptance of the prices as modified by the posted changes
(B) Non- DoviSuite Fees: Your wireless service provider or pager company may charge you
(i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager,
(ii) airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to any of the services Service, and/or
(iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such fees, and for any other hardware, service or other costs You incur to access Your Account, plus any applicable taxes. Users will be charged separately for use of any of the services in accordance with this Agreement and the terms set forth on the Site.
(C) Payment: Recharge fees are prepaid and are payable through credit cards, debit cards, vouchers, and Bank deposit. DoviSuite reserves the right to suspend or terminate your use of any of the services without notice upon rejection of any credit card charges, or invalid voucher, debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to DoviSuite or DOVICHI SERVICES and as to which DoviSuite or DOVICHI SERVICES believes such payments were proper. In addition, DoviSuite has the right to seek any fees, damages, expenses or the like arising from your failure to pay DoviSuite for use of any of the services Service, including, but not limited to, fees charged to DoviSuite by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees.
You must promptly notify DoviSuite in the event of any changes to your account or billing information or in the event your charge card or debit card is cancelled for any reason.
PLEASE BE ADVISED:
(a) You expressly agree that all charges for payment of any of the services Service are final and non-refundable. You are responsible for all charges resulting from your use of any of the services Service. Once you sign up for any of the services Service and provide a form of payment, DoviSuite will not provide you a refund for any charge made on your credit card, debit card or any payments.
(b) If you believe that you have been improperly charged for any Service, you must notify DoviSuite within 3 days of any invoice or credit card statement, provide DoviSuite any information necessary to review the claim, and DoviSuite will attempt to resolve the claim in a timely manner.
DoviSuite DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify DoviSuite, and you will be responsible for such unauthorized use or charges until you notify DoviSuite. You must also adopt any steps necessary to prevent any further unauthorized use of your account or unauthorized charges.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using any of the services. You may not use any of the services for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person's rights of privacy or publicity,
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of e-mail or any similar conduct.
(B) DoviSuite does not control the data, information or other postings provided by other users that are made available through any of the services. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using any of the services or relying on any data, information or other postings provided through any of the services.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use any of the services in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using any of the services and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that DoviSuite may establish general practices and limits concerning use of any of the services, including without limitation the maximum number of days that messages or other uploaded content will be retained by any of the services, the maximum number of messages that may be sent from or received by an account on any of the services, the maximum size of any message that may be sent from or received by an account on any of the services, the maximum disk space that will be allotted on the servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access any of the services in a given period of time. You agree that DoviSuite has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by any of the services. You acknowledge that DoviSuite reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DoviSuite reserves the right to change these general practices and limits at any time, in its sole discretion , with or without notice.
(E) After a successful registration, you may receive advertisements, promotions or similar messages on your mobile phone, personal computer or other similar device from DoviSuite. A free credits user may opt out from receiving similar marketing promotions, however, DoviSuite reserves the right to terminate Your use of any of the services. To discontinue receiving from such promotional service, email us at info@DoviSuite.com
(F) User agrees that DoviSuite may terminate User's Account and use of any of the services (and other DoviSuite services) if DoviSuite believes User has in any manner
(i) violated the terms and conditions of this Section 4,
(ii) violated any of the services Terms and Conditions or the Terms and Conditions of the Site or any other service offered by DoviSuite ,
(iii) violated this Agreement,
(iv) provided DoviSuite false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
You understand that DoviSuite has no editorial control over any third party content and that DoviSuite does not guarantee the accuracy or completeness of any third party content. You agree that DoviSuite will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will DoviSuite be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of DoviSuite and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the Nigerian copyright laws or comparable provisions of foreign laws.
7. MODIFICATION TO THE SERVICE
(A) User acknowledges that DoviSuite is dependent on various telecommunications networks and institutions for the delivery of its messages and that DoviSuite may adjust its prices and offering, should the prices be adjusted due to reasons that are not in DoviSuite control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You understand that DoviSuite may, in its discretion, from time to time change, add, or remove certain features of any of the services or change the terms of this Agreement by informing you through publication on the DoviSuite website or through an email describing the changes. If you are dissatisfied with any such changes to any of the services or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, DoviSuite reserves the right to discontinue any of the services altogether for all users at any time in its discretion.
9. LIMITATIONS ON LIABILITY
(A) DoviSuite and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if DoviSuite has been advised of the possibility of such damages), resulting from use of any of the services by you, or anyone using your account, including, but not limited to:
(i) the use or the inability to use the service;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on any of the services or the site; or
(iv) any damages or loss of any nature arising from or relating to your use of any of the services or use of any of the services through your account by anyone else.
(b) DoviSuite shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of any of the services generally, the site, any other DoviSuite service and any aspect ancillary thereto;
(c) DoviSuite shall in no event be responsible for the security of the data transmissions between DoviSuite and the user, including but not limited to the transmission of the payment information such as credit card numbers. DoviSuite expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between DoviSuite and the user.
(d) DoviSuite total cumulative liability to you and anyone who uses any of the services through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to DoviSuite in the preceding twelve months. some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting DoviSuite liability beyond what is permissible under applicable law.
10. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release DoviSuite (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless DoviSuite and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through any of the services, or Your use of any of the services.
11. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting DoviSuite customer service at info@DoviSuite.com . Notifying DoviSuite in any other way of your desire to terminate your Account may result in delays in processing your request. DoviSuite, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of any of the services, for any reason, including, without limitation, for lack of use or if DoviSuite believes that You have violated, acted inconsistently with this Agreement or if the charges to Your credit card or debit card for the fees are refused for any reason. DoviSuite reserves the right to terminate Your Account and this Agreement for any other reason if DoviSuite gives You at least ten (10) days advance notice. Upon any such termination of Your Account, You will remain obligated to pay all outstanding fees and charges relating to Your use of any of the services before termination. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that DoviSuite 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 DoviSuite shall not be liable to You or any third-party for any termination of Your Account..
Any of the services may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that DoviSuite is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DoviSuite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that any of the services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of any of the services, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of DoviSuite or any third party.
14. GOVERNING LAW; ARBITRATION
The laws of the Federal Republic of Nigeria, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of any of the services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Nigeria, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria. The successful party to the arbitration or any litigation relating to this Agreement or any of the services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
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