In this document, the following terms shall have the meanings herein ascribed to them.
“Customer” means the party who is a buyer or purchaser, recipient and/or user of any and all products, services and solutions.
“GSM/CDMA Network” means the GSM/CDMA cellular network over which the SMS, Voice or any mobile communication will be delivered.
“Mobile Terminating” means SMS messages sent to a cellular phone on the GSM/CDMA Network.
“MSISDN” means a telephone number on the GSM Network.
“Recipient” means the person(s) receiving the SMS, Voice message and/or any other mobile communication channel.
“Service(s)” means the method(s) of dissemination of SMS, Voice messages used by the Customer.
“Short Message Service” or “SMS” means a 160-character (including spaces) text message that is sent to or from a cellular telephone. Only “valid” characters will be allowed.
The terms set out below shall apply to the provision of the Service(s) purchased by the Customer.
- This agreement shall continue indefinitely until terminated by either party. AMS can only terminate a customer’s account if the SMS credit balance is not greater than Zero or if the customer is determined to be engaged in fraudulent actions that can damage the reputation of AMS.
- The Service(s) shall allow the Customer to send Mobile Terminating SMS, Voice messages and/or any other channels of mobile communication. In order to make use of the Service(s), the Customer shall send messages utilizing one of the Service(s) specified connection methods by AMS. AMS will disseminate the messages over the GSM/CDMA Network to the specified MSISDN(s)
- The Customer will be charged per every 160 SMS characters and notification per Service as stated on our Pricing page. All prices exclude VAT/NHIL and other government taxes including Communication Service Taxes. The Customer will be charged for all messages submitted to AMS for dissemination. The Customer will also be charged for all contacts sent for clean up or editing as well as AMS sending campaigns on behalf of the Customer.
- The Customer hereby indemnifies and holds AMS harmless against any claim or action by the Customer or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Customer and/or any third party arising out of the use of the Service/s or any act or omission on the part of AMS in the provision of the Service(s).
- Messages submitted by the Customer will be accepted and billed based on the relevant authentication method per Service. It is the Customer’s responsibility to protect their means of authentication. AMS will not be responsible for any misuse of the Customer’s authentication keys, logins and passwords, nor will any credit be allowed for such misuse.
- The Customer is responsible for the content and accuracy of any SMS sent on their account. The Customer will adhere to an appropriate code of conduct when utilising the Service/s. Sending of unsolicited advertising material, illegal content, inappropriate language or any message that may be viewed by the Recipient as being of contentious or offensive nature is not permitted and may, at the sole discretion of AMS, result in the immediate termination of the Service(s)
- AMS guarantees the confidentiality of both the MSISDN/s and messages submitted by the Customer during utilisation of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by AMS. AMS agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Customer.
- Upon request, the Customer shall present proof of a Recipient’s consent to the delivery of SMS. Should AMS receive any complaints from recipients regarding the receipt of unsolicited SMS, AMS will notify the Customer thereof. Similarly, should the Customer receive any complaint from any Recipient regarding the receipt of any SMS, the Customer will immediately notify AMS. The abuse of the sending of unsolicited SMS’s by the Customer or the omission to notify AMS of any complaint referred to above may, at the sole discretion of AMS, result in immediate termination of the Service(s)
- This agreement shall be governed by the local laws of Ghana as applicable and both AMS and all Customers agree to submit to the jurisdiction of the courts of Ghana in the event that any proceeding shall be brought under the terms of this agreement.
- This document contains the entire Terms and Conditions of Service between the Customer and AMS and shall be capable of variation or amendment. Once updated, AMS would send texts and emails communicating the update.