Terms & Conditions
The Terms & Conditions specifies the actions permitted by Biznetindia Dot Com
Pvt. Ltd. (and its web site www.timessms.com) to its users of our services,
including SMS and other services which may be introduced in future along with
other terms. Biznetindia Dot Com Pvt. Ltd. reserve right to modify the policy at
any time. All subscribers of Our Services, directly or indirectly are required
to engage in acceptable use only as per this policy as modified from time to
a. Illegal use
Biznetindia Dot Com Pvt. Ltd. services may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, violates export control laws or anti
b. Subscriber conduct
Subscriber shall use Biznetindia Dot Com Pvt. Ltd. services for lawful purposes
only. Subscriber shall not post or transmit using Biznetindia Dot Com Pvt. Ltd.
services any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offence, give right to civil
otherwise violate any law, or which, without the Biznetindia Dot Com Pvt. Ltd.
express prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that in the Biznetindia Dot
Com Pvt. Ltd. discretion restricts or inhibits any other Subscriber from using
or enjoying Biznetindia Dot Com Pvt. Ltd. services will not be permitted.
Subscriber shall not use Biznetindia Dot Com Pvt. Ltd. services to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line information
services competitive with the Biznetindia Dot Com Pvt. Ltd. services.
Subscriber shall not upload, post or otherwise make available using Biznetindia
Dot Com Pvt. Ltd. services any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with subscriber.
Subscriber shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary
rights, or any other harm resulting from such a submission.
c. System and Network Security
Violation of system or network security are prohibited, and may result in
criminal and Civil Liability. The Biznetindia Dot Com Pvt. Ltd. will investigate
incidents involving such violations and may involve/will cooperate with law
enforcement agencies if a criminal violation is suspected. Examples of system or
network security violations include, without limitation, the following:
· Unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without express authorization of the
owner of the system or network.
· Unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network.
· Interference with service to any user, host or network including, without
limitation, mailbombing, flooding, deliberate attempts to overload a system and
· Forgery of any identification or obscuring of hostnames, usernames, IP
addresses, or any message header information in any data.
· Harassing or threatening transmissions.
· Probing for means of gaining unauthorized access to computers or networks.
· Introducing or causing to be introduce any computer contaminant or computer
viruses into system or network.
· Introducing or causing to introduce any pornography material, SMS etc.
Subscribers agree to defend, indemnify and hold harmless the Biznetindia Dot Com
Pvt. Ltd., its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorney's fees,
arising out of the use of Biznetindia Dot Com Pvt. Ltd. Services by subscriber
or any body else than the Subscriber, if any.
It is a condition of use of Biznetindia Dot Com Pvt. Ltd. services that
subscriber do not post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of
any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any local, state, national or international law;
post or transmit any information, software or any other material which violates
or infringes upon the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; post or transmit any
information, software or other material, which contains a virus or other harmful
component; post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains advertising.
User cannot use any sender Id to send sms other then his own name, company or
firm's name owned or managed by him/her. Using sender Id other then owned by him
will cause the termination of account and all credits will be set to zero. A
formal complaint may also be lodged (FIR) with the law & order agency.
Sending unsolicited SMS messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited.
Biznetindia Dot Com Pvt. Ltd. has no control (or negligible control) on the
contents of the SMS sent and Biznetindia Dot Com Pvt. Ltd. shall not be held
responsible/liable directly of indirectly neither for the content of the SMS
sent nor for any delay in delivery or non-delivery or for any errors routed by
Biznetindia Dot Com Pvt. Ltd. through its SMSC.
Biznetindia Dot Com Pvt. Ltd. shall not be responsible in any manner due to
errors caused on account of internet delays, disconnection, time outs, routing
User shall use the facilities provided by Biznetindia Dot Com Pvt. Ltd. for
delivery of MT SMS that terminates within India only. User also acknowledges
that it will not use the capability of sending international SMS through
Biznetindia Dot Com Pvt. Ltd. SMSC.
User will not send unsolicited SMS (also referred to as ‘spamming’) to
subscribers. All SMS sent by user using Biznetindia Dot Com Pvt. Ltd. SMSC must
conform to IT Act 2000 and other relevant laws of India. Any violation will be
the sole responsibility of user
User has complete control of the Sender-ID (Alphanumeric or Numeric) of the MT
SMS sent through Biznetindia Dot Com Pvt. Ltd. SMS and will not misuse this
facility. In case it is found that user is misusing this facility by sending a
message on someone’s name without his/her approval, it shall be treated as a
breach of this agreement and the connection will be disconnected forthwith. It
shall be sole responsibility of user. Biznetindia Dot Com Pvt. Ltd. will in no
way responsible for
any such message and the subsequent fallout.
Biznetindia Dot Com Pvt. Ltd. shall strive to deliver SMS immediately upon
receipt from the user. However Biznetindia Dot Com Pvt. Ltd. Shall not be
responsible for any delay, non receipt of SMS or any other interruption in
providing SMSC facility, which may occur due to technical reasons or snags in
the system, break down of SMSC or any other equipment, server breakdown,
maintenance shut down, breakdown of communication services and such interruption
are beyond the control of Biznetindia Dot Com Pvt. Ltd.. However, Biznetindia
Dot Com Pvt. Ltd. acknowledges that it will put in its best endeavors to achieve
success rate in delivery of the SMS messages so routed through its SMSC
You agree that the security of your account is solely your own responsibility.
BACKUP OF DATA
Your use of the service is at your sole risk. Biznetindia Dot Com Pvt. Ltd. is
not responsible for data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all appropriate
backups of files and data stored on Biznetindia Dot Com Pvt. Ltd. server.
f. Cost policy
i. In consideration of Biznetindia Dot Com Pvt. Ltd. forwarding the SMS
through its SMSC, User shall pay the agreed amount per SMS + taxes sent
anywhere within India.
ii. Biznetindia Dot Com Pvt. Ltd. shall be entitled to charge for all the
SMS routed by its SMSC, irrespective of any delay, incomplete message and or
non-receipt of the message
iii. Biznetindia Dot Com Pvt. Ltd. shall raise bills at the time of
buying the credits by user. The number of MT SMS submitted by user shall be
counted for settlement.
iv. Service Taxes would be as applicable, email@example.com%
v. User agrees to pay the bill amount immediately when sent by
Biznetindia Dot Com Pvt. Ltd.. Such payments shall be in Indian Rupees (INR)
vi. The bill generated by Biznetindia Dot Com Pvt. Ltd. shall be the
conclusive proof of the SMS sent by SMSC of Biznetindia Dot Com Pvt. Ltd.
and the same shall be honored by user, however in case of any anomaly found
by user, he will present its statistics and both parties will resolve the
vii. Biznetindia Dot Com Pvt. Ltd. shall not be responsible in any manner
whatsoever to user or any other third party for delayed, incomplete and
non-delivery of SMS due to technical or any other reasons.
viii. No unsolicited/objectionable message should be sent by user
ix. Bulk SMS will be sent by user to national customer only.
x. Timing decided for sending these SMSs is 8am to 8 pm except time critical
xi. Nature of content and primary applications to be specified by user
xii. The Bulk SMS rates are subject to change
xiii. In case of change/revision of IUC for inter operator termination
charges; these bulk SMS charge will revised. Existing credits of user will
be adjusted in sync with the new rates.
g Refund Policy
Before starting any relationship with us we advice you to test our services. We
do not offer any refund of money at any stage or at any condition once the
transaction has done unless Biznetindia Dot Com Pvt. Ltd. agreed.
In case, Biznetindia Dot Com Pvt. Ltd. agreed to refund money it will take 60
to 90 days but not more then that from the date of request received by
Biznetindia Dot Com Pvt. Ltd. through e-mail (registered with the Biznetindia
Dot Com Pvt. Ltd.) or by regular post. All charges like monthly fee (pro-rata
basis), sms charges, 15% processing charges will be deducted from the refundable
h. Enforcement of Terms & Conditions for Biznetindia Dot
Com Pvt. Ltd. subscribers
Indirect or attempted violations of the policy and actual or attempted
violations by a third party on behalf of a Biznetindia Dot Com Pvt. Ltd.
subscriber or a subscriber's end user, shall be considered violation of the
policy by such customer or end user. Any user found violating the above T&C is
liable for action under the prevailing laws including termination of services
without any prior notice.
We also want to advise you that if, you do not agree with any of the condition
mentioned above kindly do not register with us.
© 2008 All rights reserved.
Last Updated : Thursday, October 27, 2008 5:15:18