The terms and conditions of Cell 24x7 and its products are only intended for use by businesses and professionals. This includes individuals who qualify as customers, i.e. anyone acting outside the scope of economic activity and for purposes other than trade, business, craft, and/or profession.
The client enters into a contract with Cell 24x7 by signing up for Cell 24x7 services and agreeing to these Terms and Conditions during the sign-up process and the establishment of a client account.
As a representative and signatory of the business organization listed in the account, the account creator certifies to Cell 24x7 that all information supplied is complete and true and hereby accepts the Terms and Conditions. Upon the creation and verification of a user's account, the contract will take effect.
The services supplied by Cell 24x7 are being provided to you. In line with and subject to these terms, you desire to use the Services.
Please feel free to contact us at support@Cell 24x7.com if you have any queries regarding these terms.
As a result of service availability, we shall provide the services to you with reasonable competence and care. Although, you acknowledge and agree that events beyond our reasonable control, and the conduct of any chargeable event, the following events may affect the availability of the services.
Factors that prohibit end-users from getting chargeable events, such as an end-service user's provider's terms and conditions.
As a result, we can't provide the following assurances:
You are engaging in a legally binding agreement. If you accept these terms of service, you affirm that your employer has permitted you to act on their behalf.
These conditions apply to all records relating to any transactions you enter on the Cell 24x7 website, including cancellation notifications, policies, contracts, and applications. You may need to have specific hardware and software to access and maintain your electronic data, which is entirely your responsibility.
If you are not of legal age to establish a binding contract with us or if you are banned by law from using our services, you are not entitled to accept these terms or use our services.
By using the prepayment option and in line with the conditions set forth below, the customer undertakes to pay any charges payable to Cell 24x7.
Cell 24x7 will distribute credit to the client if the customer agrees to purchase credits in advance for each month of the contractor for such other conditions as the parties may agree. Each chargeable event the customer creates and refers to on Cell 24x7 CPaaS reduces the value of the credits available to the customer by the amount equal to the tariffs in effect at the time the chargeable event is created and referred to on Cell 24x7 CPaaS.
The customer is responsible for all payment costs and bank fees, and further promises to Cell 24x7 that it will lawfully utilize the payment methods required to pay and top-up its credit. The customer is liable for all bank and financing costs and must verify that the amount received on the Cell 24x7 bank account after deductions equals the total amount owing to Cell 24x7.
To provide our services, we may require certain information from you. You must verify that the information is accurate and complete. We retain the right to stop or terminate any service if you submit incomplete or incorrect information. You undertake to keep Cell 24x7 free from any liability that may arise as a result of your failure to do so. You must notify us immediately if any of your information changes.
You must keep your username, customer ID, password, login token, or any other secret authentication credential private.
Your username, client ID, password, ApiKey, login token, and any other secret authentication credential must all be kept private.
Any unauthorized use of your account or any other security breach, including any suspicions of such scenarios, must be reported to us immediately. Any payments and activities on your account are completely your responsibility.
Any damage, loss, or costs incurred by us or a third party as a result of your conduct is your responsibility.
If any of the security measures are not implemented, you are liable for both permitted and unauthorized use of your account. This includes service login, subsequent data insight, delivering messages traffic, and payments. Assume responsibility for any harm, loss, or costs that Cell 24x7 or any third party may incur as a result of these actions; and must cooperate with Cell 24x7.
We shall offer you online technical assistance by email for the service at the following e-mail address: support@Cell 24x7.com.
Obligations of the client to cooperate
The Client must, at no cost to him or her:
deliver all information, documents, data, and other materials required for the provision of the Services to Cell 24x7 on time.
Obtain all required approvals, authorizations, and consents from third parties for Cell 24x7 to provide the Services.
Use industry-standard protections to guarantee that no viruses or other harmful code are transferred from the client's infrastructure to Cell 24x7’s environment.
Parties shall treat all information received from the other party and all marked confidential information as confidential during and for 2 (two) years after the Agreement's term. Also, without the prior written agreement of the other party, they shall not utilize such sensitive information for purposes other than those authorized by the contractor or disclose it to any third party.
Following customary precautionary measures, the parties shall treat as confidential all information received from the other party and all information marked as confidential for the duration of the agreement and a period of 2 (two) years.
Upon receiving a request from a third party, a court, or an administrative authority to prohibit a disclosure, the recipient must, to the extent authorized by law, notify the source of the request immediately and assist the source in its attempts to prevent disclosure.
You are obligated to disclose by law, or your professional advisers are reasonably required to reveal for the execution of their professional services.
When using our services, you agree to abide by all relevant laws and regulations, our conditions, and any additional terms agreed upon between us.
Either party may cancel this agreement at any time, with or without cause, by giving the other party written notice.
The party may terminate this agreement immediately by giving the other party written notice if:
The other party becomes bankrupt, enters into any arrangement with or for the benefit of its creditors, enters compulsory or voluntary liquidation, appoints a receiver, administrative receiver, liquidator, or other similar officials to oversee its assets, is subject to an administration or similar order, or ceases trading.
In the event of the agreement's termination:
Unless specifically designated as non-binding deadlines, the contract's deadlines are based on careful planning and are binding.
If a binding deadline is missed as a result of the client's failure to comply with its cooperation duties or for other reasons without Cell 24x7’s control, the time will be extended.
If a contractual deadline is missed due to Cell 24x7's fault, the Client must provide Cell 24x7 with a reasonable grace period in writing. Cell 24x7 will be in default if it does not meet its contractual commitments during the grace period. The client has the right to reject the delayed Service (but not the other Services under the Contract) in writing once an extra reasonable grace time has expired. All additional claims of the client in the case of default are excluded to the extent permitted by law.
You guarantee that you will not do the following:
If you are sending any chargeable event for commercial purposes to any of your end-users, you must follow the telephone marketing practices of the end-users jurisdiction.
Use the services, or allow the services to be used, to send chargeable events to any end-user in a frequent and large number, in our reasonable judgment.
Use the Services for any inappropriate, fraudulent, immoral, or unlawful purpose; or allow the services used for an improper purpose.
Use or permit the use of the services for the transmission of any material that is defamatory, offensive, unlawful, abusive, vulgar, or threatening in nature or character.
Use the Services, or allow the services to be used, in a way that violates a third party's intellectual property or other proprietary rights; or
Throughout the agreement, you will:
Any of Cell 24x7 affiliates or subsidiaries may assign this agreement or any of its rights under it. The customer agrees to appropriately explain this possibility to its customers while collecting consent for the processing of personal data. The customer may only transfer this contract or any of its rights to third parties with Cell 24x7's prior written consent.
All other terms and provisions of the agreement shall continue in full force and effect if any term of this agreement is invalid, unlawful, or incapable of being enforced by any rule, law, or public policy.
Unless otherwise agreed, all intellectual property rights to all Services arising from or deployed during the performance of the contract (such as copyright, patents, design or trademark rights), including the rights to individual software created or used by Cell 24x7, including source codes, program descriptions, and parameterizations, and all related documentation, papers or data media, shall be owned by Cell 24x7.
Cell 24x7 or its licensors retain ownership of any pre-existing intellectual property rights or intellectual property rights developed independently. Cell 24x7 grants the appropriate rights of use for the services intended use if it employs such pre-existing or separately produced intellectual property rights to deliver the Services. In the event of third-party intellectual property rights, such as software licenses from third-party suppliers or manufacturers.
The parties hereto consent to the non-exclusive jurisdiction of the London courts to enforce any claim arising hereunder, and these Terms shall be governed by and interpreted by the laws of England and Wales.