Supplier is the company, hereinafter referred to as « Dev4smart », SARL with a capital of 1,000,000 FCFA whose head office is located in Koira-Kano (Markaza), Niamey-Niger, registered under the number RCCM-NI-NIA- 2016-B-3473 NIF 40675 / R
The customer is the natural or legal person signing the online order form.
The user name / password pair allowing the client to identify himself on the network is called the identifier.
A storage space allocated by Dev4smart to each customer is called customer space.
Commonly called netiquette is the set of rules of use for Internet users, including:

• Do not send mass sms to people who have not requested it (Junkmail or Spam);
• Respect copyright.
  

The purpose of this contract is to define the conditions and modalities according to which Dev4smart makes its products available to its customer: SMS offer.

The entire Dev4smart WebSMS offer can be found in detail at: https://www.sms.ne. The order form displayed online is an integral part of this contract. Any order for one or more Dev4smart products online implies acceptance of this contract.

Regarding SMS packs, no validity period is set under the guise that the prices do not increase, in which case the validation of the packs will be set at one year from the date of purchase, the invoice being proof.

Any default or delay in payment on the part of the customer results in automatic termination of this contract. Dev4smart reserves the right to terminate this contract at any time and without notice, subject to sending a registered letter to the customer (to the address provided during online registration). In the event of non-payment, breach of usage policies or for any other reason at the discretion of Dev4smart, Dev4smart will have the right, without notice and immediately, to suspend the customer's account by reimbursing him. the unused balance of his payment. In the event of a violation of the policies for using the service or fraudulent use of the platform, the customer's account may be suspended without refund.

1. IDENTIFIER :

Following the online order and the validation of payment for the product, the customer receives an identifier at the electronic address appearing in his order form. This identifier is used to administer Dev4smart products ordered by the customer (access to the customer area)

2. CLIENT AREA :

Dev4smart offers the customer hosting on its servers for its customer databases and lists of numbers, free of charge or against payment of a rental, the cost of which depends on the product chosen by the customer. Dev4smart undertakes not to disclose and to use in any case the customer databases hosted on its servers. The customer has complete freedom as to the content of the sms, limited to 160 characters for the sms offer.
In particular, it is prohibited to publish any form of content associated directly or indirectly:

• to pornography
• pirated programs (MP3, cracks, etc.)
• to scams (Payplay fishing, etc ...)
• racist, anti-Semitic or secular in nature

Dev4smart reserves the right, at any time and without notice, to refuse the sending of sms containing any content that it considers not to comply with French, international or netiquette laws.

The customer agrees to provide fair and sincere information when registering. He undertakes to notify Dev4smart of any change in the data provided and is solely responsible for any malfunctions that may result from incorrect information.

The customer assumes sole responsibility for any infringements of the intellectual or industrial property of third parties, public order and good morals and any other dispute concerning the sms message (s) sent by the company Dev4smart.

The customer is solely responsible for the choice of the content of the sms messages. In no case Dev4smart can not be held responsible for recourse concerning the content diffused by SMS messages.

The customer must maintain a valid email address and postal address. The information will be updated by the web interface provided for this purpose.

The customer agrees not to enter Dev4smart's computer systems or attempt to do so.

In the event of incomplete or erroneous information, missing documents, non-compliance with the naming charter, Dev4smart will suspend any request and no credit or refund will be made. You then have 14 days to provide us with the necessary information. After this period, your order will be canceled.

Dev4smart undertakes to make every effort to register / send sms messages after validation of the payment of the corresponding order. However, this is an obligation of means and in no case an obligation of result.

1. CONTENTS

Dev4smart does not exercise control over the content sent by the customer, whether through its customer area or the letters it may send. Under no circumstances can Dev4smart be held liable as a result of any action or recourse by third parties, in particular due to:

• Information, sounds, images, texts and any multimedia document contrary to the laws and regulations in force, contained and / or disseminated in its customer area by the customer.
• The violation of intellectual property rights relating to the works contained or distributed, in whole or in part on the customer´s customer area.
2. ACCESSIBILITY:

Due to the characteristics and limits of the Internet, which the customer declares to be aware of, Dev4smart can in no way be held responsible for the sending speeds of sms messages, in the world or for slowdowns, difficulties in accessing the customer area. Dev4smart cannot be held responsible for the non-routing of sms messages, e-mails, due to the same limitations and characteristics of the Internet. Dev4smart reserves the right to temporarily interrupt access to its services for reasons of maintenance and / or improvement without the right to compensation. However, Dev4smart undertakes to implement all the means at its disposal to minimize this type of interruption.

3. SECURITY

The responsibility of Dev4smart can not be engaged in the event of malicious introduction on the customer space of the customer or for a hacking of the mailboxes of the customer and this, in spite of all the security measures taken by Dev4smart.

4. DISCLAIMER OF WARRANTIES

Dev4smart's service is provided on an availability basis. Dev4smart specifically disclaims any other warranty, including any warranty of merchantability or fitness for a particular purpose. Under no circumstances will Dev4smart be liable for consequential, indirect, special or incidental damages. Even if Dev4smart has been advised by the customer of the possibility of such potential loss or damage. If Dev4smart's service to the customer was disrupted, or malfunctioned for any reason, Dev4smart is not responsible for loss of revenue due to an interruption in service.

5. FORCE MAJEURE

Dev4smart will not be held responsible for any delay or non-performance, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure usually recognized by case law. The case of force majeure suspends the obligations arising from this contract for the duration of its existence. However, if the case of force majeure had a duration of more than 30 consecutive days, it would open the right to the automatic termination of this contract by one or the other of the parties eight days after the sending of one. registered letter with acknowledgment of receipt notifying this decision.

6. INDEMNITY

Customer agrees to defend, warrant and hold Supplier harmless against any loss, damage or claim, (including honorary attorney) related to the use of such service provided by Supplier to Customer under this agreement, including but not limited to : false advertising, responsibility claimed for product or service sold by the customer, copyright or registered trademark, interruption or defect in the functioning of the service or for any content submitted by the customer.

Any default or delay in payment on the part of the customer results in automatic termination of this contract. The customer can cancel his subscription before the end of the term by notifying Dev4smart in writing (registered letter). This termination does not involve any refund.
If you do not wish to renew your contract, simply do not respond to our reminders.

The prices of sms messages and services offered are those mentioned on the order form. They include all taxes (TTC) and are payable within 30 days. Dev4smart may modify its prices at any time without notice. The price of services paid in advance is guaranteed for the period concerned. Dev4smart reserves the right to pass on any new tax or any increase in the rate of existing taxes without delay.

When you register on our SMS sending platform, when you register customer files, when you send an SMS campaign, or for any other action you may perform, we collect information. Recording this information is necessary for the proper functioning of your marketing tool.
We collect information concerning your company as well as your name, your first name, your telephone number, your email address, but also all the data that you are likely to transmit via your administration area of ​​the SMS platform (files deposited and entered in the forms on the site)
In addition, we automatically receive and record data from your computer and browser, including your IP address, the terminal you are using, and the page you request.

All the information we collect from you can be used to:

• Provide you with a personalized experience when you use our SMS marketing tools
• Improve the quality of our services
• Improve your support needs and our customer support
• Keep track of your actions in the event of a dispute
• Administer a contest, survey or promotion

The data that you entrust to us when opening an account, allowing us to identify you and your company, will not be sold, exchanged, transferred or given to another company for any reason, without your consent, apart from what is necessary to respond to a request and / or the proper execution of SMS campaigns and other operations that you wish to set up, such as for example the distribution of your messages to SMS and telephone operators so that routing to recipients is supported.

We do not sell, trade, or transfer your personally identifiable information to third parties. This does not include trusted third parties who help us operate our website or conduct our business, as long as those parties agree to keep this information confidential.
We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms and conditions. use, or when required by law.
Non-private information, however, may be provided to other parties for marketing, advertising, or other uses.

Many security measures are put in place to preserve the security of your personal data. We use state-of-the-art encryption to protect sensitive information transmitted online. We also protect your information offline. Only employees who need to do specific work (for example, billing or customer support) have access to personally identifiable information. Computers and servers used to store personally identifiable information are kept in a secure environment.

We use cookies to improve access to our platform and to identify regular users. Cookies improve the user experience by tracking and targeting their interests. However, this use of cookies is in no way linked to any personally identifiable information on our site.

By using our site, for its public pages as well as for the administration of your account, you agree to our privacy policy.