Terms & Conditions
These terms and conditions govern the legal relationship between USMSgh and its Users and incorporate the provisions of the USMSgh Privacy Policy.
Please read these terms and conditions carefully.
These terms and conditions govern the legal relationship between USMSgh and its Users and incorporate the provisions of the USMSgh Privacy Policy. TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF USMSGH TO YOU AND THAT INDEMNIFY USMSGH AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
2.1. The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“USMSgh” means the USMSgh legal entity responsible for providing the Services to you in your territory, the USMSgh legal entity with whom you contract for the provision of the Services in your territory is identified here;
“End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by USMSgh including the software and applications referred to in paragraph 15.2;
“SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process; “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and “Website” shall mean all websites published by USMSgh entity including USMSgh.com and shall include any page or part thereof.
2.2. Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
2.3. Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
2.4. Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
2.5. To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3.1. Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3. You may not use the Website or the Services if you are not of a legal age to form a binding contract with USMSgh.
3.4. Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
3.5. USMSgh reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. USMSgh also reserves the right to cancel orders in whole or in part in USMSgh’s sole and absolute discretion.
4.1. USMSgh expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
4.2. Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5.0 USMSgh takes measures to protect our servers against unlawful interventions by third parties, without however guaranteeing absolute protection against such interventions.
It is the responsibility of the client to protect against any unauthorized access or manipulation of his/her computer equipment, notably by appropriately protecting his/her own access codes.
5.1. Subject to private agreement or to technical disruptions limiting access to the services, use of USMSgh services is open to the client 24 hours a day, seven days a week. USMSgh shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset.
5.2. Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event USMSgh shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3. USMSgh shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
5.4. Messages shall be deemed to have been delivered when USMSgh has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
5.5. USMSgh shall have the right to withhold, terminate or suspend the provision of Services to the User at any time, including the termination of inactive accounts where there has been no account activity for more than two (2) years. Where this Agreement or the provision of any Service is terminated by USMSgh for any reason other than breach by the User or discontinuance of a Service by a Network Operator, USMSgh shall refund all monies already paid in advance by the User for any unused terminated Service, except where paragraph 5.6 applies.
5.6. USMSgh will not refund monies paid in advance by the User for the Services where those payments are older than six months. USMSgh may consider a refund only in exceptional circumstances.
5.7. Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months’ notice must be given by the User in order to terminate the lease of any long numbers or short codes.
a. Should a recipient have received a message from a User sent via USMSgh, and should a recipient no longer wish to receive such messages, the recipient may undertake any of the following:
i. Call our phone number 233-200-443-458
ii. Email address: support@USMSgh.com.
b. The standard rate shortcode program service provider is USMSgh, and the service supplied is for the delivery of one time passwords, activation codes and similar. Messages received on this program are typically recipient initiated and the frequency will depend on recipient requests, 1 message per request applies.
e. All messages sent via USMSgh are standard rate programs and message and data rates may apply. There are no premium rate services.
6.1. Users acknowledge and understand that USMSgh acts as a conduit for the provision of information and content. Users acknowledge that USMSgh shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
6.2. Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by USMSgh or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which USMSgh shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against USMSgh (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify USMSgh against any fine imposed on USMSgh or any damages suffered by USMSgh as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which USMSgh may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to USMSgh. Any amount not paid to USMSgh within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
6.3. Users may not use, or knowingly allow others to use, the Services for any purpose that may bring USMSgh’s name into disrepute, or for any purpose that, in USMSgh’s sole and absolute discretion, is improper, immoral or undesirable.
6.4. Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of USMSgh nor any Network Operator.
6.7. Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
6.8. In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by USMSgh in relation to a User, then the User hereby acknowledges and agrees that USMSgh may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
6.9. Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by USMSgh or any other person acting on behalf of USMSgh at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
7.1. To register to make use of the Services, a User must complete the registration process and must provide USMSgh with up to date, complete and accurate information as requested by USMSgh. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
7.2. Users agree to notify USMSgh immediately of any unauthorized use of their account(s) or any other breach of security.
7.3. It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that USMSgh should suffer any damage or loss, civil damages will be claimed.
7.4. In the event that a User wishes to replace a person/employee using a specific USMSgh account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform USMSgh in writing of this change and change all details on the account accordingly. USMSgh may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and USMSgh shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.
7.5. In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant’s rights or the rights of another person, the complainant shall provide USMSgh with a written notice setting out:
a. The full names and address of the complainant;
b. The written or electronic signature of the complainant;
c. Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
d. Identification of the material or activity that is claimed to be the subject of unlawful activity;
e. The remedial action required to be taken by the service provider in respect of the complaint;
f. Telephonic and electronic contact details, if any, of the complainant;
g. A statement that the complainant is acting in good faith; and
h. A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of USMSgh for any misrepresentation of the facts or for wrongful suspension or termination of any Services by USMSgh in response to the complaint.
7.6. Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that USMSgh shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
7.7. No USMSgh account may be is transferred from one person to another without the written consent of USMSgh. Where USMSgh consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person’s name or trademark, a new account must be opened.
7.8. In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, USMSgh will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that USMSgh shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorised persons have gained access to the Users email account or telephone.
8.1. USMSgh will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User’s USMSgh account, phonebook or MSISDN’s, other than in the normal course of the use of the Services, without the User’s prior permission unless USMSgh believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of USMSgh, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect USMSgh’s business or reputation. The User agrees that USMSgh may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that USMSgh may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
8.2. A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
8.3. Users agree that USMSgh may make use of website visitor and non-identifiable account usage data for statistical and analytical purposes. In providing its services, USMSgh has implemented Google Analytics services for its audience reporting and remarketing features. When making use of these services, USMSgh does not process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that USMSgh may use and share de-personalised data for the analytics purposes set out above.
8.4. Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
9.1. Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of USMSgh database hosting, User support and message handling costs.
9.2. USMSgh charges are located online at www.usmsgh.com/pricing/ and may be provided as a schedule to any other format of these terms and conditions. Network Operator’s charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to USMSgh or its Users. USMSgh may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, USMSgh retains the right to increase the number of credits needed per message, for that specific network.
9.3. Payment security: Users acknowledge that USMSgh makes use of secure third party payment gateways including Paystack and others as may be disclosed on the Website from time to time and Users acknowledge and agree that USMSgh shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
9.4. Cooling-off periods: USMSgh shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
9.5. Without prejudice to any other right that it may have in law, USMSgh shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where USMSgh reasonably suspects that payment has been made or effected by fraudulent means.
10.1. Users warrant that:
i. recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
ii. they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
iii. they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
iv. they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
v. they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefor.
10.2. Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an “opt-in basis.” In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.
11.1. Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to USMSgh then, without prejudice to any of its legal rights, USMSgh shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User’s account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilised by it as damages resulting from such breach and to set off any claims that USMSgh may have against the User from any other amounts due to the User by USMSgh.
11.2. Where a User account is suspended or terminated due to any breach of these terms and conditions, USMSgh reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom USMSgh, in its sole and unfettered discretion, believes is affiliated with the User concerned.
12.1. THE USER HEREBY INDEMNIFIES AND HOLDS USMSGH HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
12.2. USMSGH SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
12.3. Furthermore, USMSgh makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
12.4. These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the User and USMSgh.
12.5. The Website and the Services are supplied on an “as is” basis and are not supplied to meet the User’s individual requirements. To the fullest extent permitted by law, USMSgh disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with USMSgh that the Services and the Website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software and message recipient handsets and devices.
12.6. Users agree to hold USMSgh harmless and indemnify USMSgh fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from USMSgh’s own gross negligence or fraudulent acts or omissions.
12.7. Users indemnify and hold USMSgh harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
12.8. In the event of any litigation between USMSgh and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
12.9. Users further indemnify and hold USMSgh harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User’s Username and password or loss thereof.
12.10. Without derogating from the aforegoing, in no event shall USMSgh be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the Website or the Services, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.
12.11. Notwithstanding the aforegoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against USMSgh arising from any Services provided under these terms and conditions then the User’s claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.
13.1. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14.1. These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of Ghana and the Ghanan courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and USMSgh.
If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:
Address: Peace-Be Street, Tema Community 25, Ghana
Telephone:+233 200 443 458
Email: info@USMSgh.com
