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, solutions and ideas.
“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 on expiry of the service period with one calendar month’s written notice to the other, with the exception of “one-off” sending of SMS messages.
- 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 to AMS 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 Fees 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.
- In the event of any amount owed by the Customer remaining unpaid on due date, AMS shall be entitled to suspend the Service/s immediately, without notice to the Customer. Interest will be charged on all overdue accounts.
- The Customer hereby indemnifies and holds harmless AMS 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).
- In order for AMS to maintain integrity as the leading broker of mobile messaging traffic for all cellular networks across Ghana, no customer may use the suite of AMS SMS products to poach or solicit potential customers or subscribers from any cellular network operators in Ghana. Such an act will result in immediate permanent suspension.
- 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 its 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 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.
- The Customer agrees to append its name or corporate identity to any broadcast messages that are sent to distribution lists.
- 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 not be capable of variation or amendment except as amended and notified in writing by the Board of Directors of AMS.