Terms and Conditions

The Terms of Use in this Agreement (“Agreement”) shall be constituting the legal binding between the parties with the terms and conditions set forth by the following: Provider and User are each referred to in this Agreement as a “Party” and collectively as the “Parties”

General Terms
1. Apnsms means service provider, owner, executive, employee, and staff of Brothers Telecom. located at 1666/02 Sher- E- Bangla Nagar Road, Bogura Sadar, Bogura-5800, Bangladesh.
2. User means Apnsms’s customer or viewer visiting the website who may be an individual, institute, business entity, private or government organization, web user, and web viewer.
3. Service means any services provided by Apnsms to User.
4. Receiver means the end user or any person who receives the result of a Service as requested by User
5. Apnsms reserves the right to revise or amend the terms and conditions anytime as appropriate without giving advance notice to the User.
6. User shall leave this website immediately if the User does not accept Terms of Use in full. If the User continues to access the website, then the User shall be deemed to have accepted the terms and conditions in this Agreement in full.
Website Usage
1. User represents and warrants that it is duly authorized to do business and/or provide service in the jurisdiction to use the individual personal information of Receiver in the way that the User requests the Service from Apnsms.
2. User has a duty to manage the timing to use the Service and will send an SMS in a reasonable time or in a manner that does not necessarily disturb the Receiver.
3. User must not use the Service in a way that is contrary to public order or good morals or applicable laws. Specifically, the User must not send a message to display or present, express or implied, the following meanings:
  1. Messages that negatively affect or insult the monarchy or the leader of countries;
  2. Messages that cause the disrespect of a nation, government, government official or any group of people;
  3. Messages that disrespect or disgrace any religion and their sacred places or objects or otherwise violate the law;
  4. Messages that are contrary to public order causing disharmony among people in a nation or which negatively impact international relations;
  5. Messages that may undermine or affect the stability of the nation;
  6. Messages that contain material which is provocative or obscene;
  7. Messages that distort facts or are untrue;
  8. Messages that are used a connection with illegal actions including, but not limited to, gambling that it is prohibited by the laws of their jurisdiction;
  9. Messages that the User knew or should have known that are prohibited by the laws of their jurisdiction; or
  10. Messages that induce or advertise the Receiver in destinate country where gambling is illegal to participate in gambling activities.
  Should Apnsms suspect or find that the User has violated the prohibition or restriction in this clause, Apnsms reserves the rights to suspend or close the account and forfeit credit in the account without advance notice.
User’s account
1. User must create an account(s) in order to use Apnsms Service. User is required to provide Apnsms accurate and up to date information about himself/herself/itself. User is responsible for anything that happens to his/her/its Apnsms account(s) including, but not limited to, unauthorized uses, Receiver’s activities, and so forth. Apnsms is not responsible for any loss or damage that happens to User’s account(s).
2. When the User finds something wrong or unauthorized use of their account, the User must notify Apnsms immediately.
3. Apnsms reserves the right to suspend the User's account if the User utilizes the account beyond the scope of this Agreement.
4. The User shall not assign any of its rights or delegate any of its obligations in regard to the account under this Agreement, whether by operation of law or otherwise, without the prior express written consent or confirmation of Apnsms.
APNSMS Services
1. Apnsms services are available on Apnsms 's website including, but not limited to, SMS broadcast and SMS verification services.
2. Apnsms reserves the right to modify or discontinue any services from time to time when it is required by applicable laws or regulations. Apnsms shall use commercially reasonable efforts to provide the Service to User.
3. Apnsms reserves the right to terminate and/or suspend the Service without advance notice to the User.
4. In the case of SMS verification services, fees will only be applied when the verification transaction is successful. In other words, if the Receiver failed to use the verification code in the verification process, no fee will be charged to User.
5. Know Your Customer Process
  Apnsms shall request the User to verify its identity called "Know Your Customer" (KYC) to prevent identity fraud. The User must answer questions about itself and submit that information to Apnsms within 90 days from the purchase date of Apnsms.
  If the User fails to proceed the KYC process within 60 days from the purchase date, Apnsms shall assume that the User may not a person or juristic person as informed. In this regard, Apnsms reserves the right to proceed on the User’s account by suspension and/or termination of the Service and forfeiture of all credit funds in the User's account immediately.
  The KYC is the verification system developed and owned by Apnsms. Apnsms reserves all rights exclusively on the KYC. An unauthorized use of the KYC shall infringe and violate the rights of Apnsms.
6. DISCLAIMERS
  Apnsms reserves the right, in its sole discretion, to verify of the User’s identity or determine Use’s performance on the Service. If Apnsms determines that the User's identity or status is untrue or identity fraud, or that User violates this Term of Use or the laws, Apnsms reserves the right to proceed according to Apnsms’s policy including suspending or terminating the Service and forfeiting all credit funds in User's account without an advance notice to the User.
Fees and Payment
1. The User agrees to pay the service fee according to the rate specified on the pricing page and/or invoice within the specific time which may be adjusted or amended as appropriate unless otherwise agreed in writing between the Parties. All prices are subject to change without prior notice.
2. All applicable taxes may not be included in the prices listed on the pricing page. Unless otherwise stated, the User is responsible for and shall pay all applicable taxes that are the subject of this Agreement. If the User is exempt from taxes for any reason, the User must send duly executed and dated valid exemption certificate to Apnsms. Once Apnsms has received and approved the exemption certificate, User shall be exempt from such taxes.
3. In case of prepayment service, User must pay in advance for the Service, and Apnsms shall credit the balance to the User’s account.
4. Apnsms reserves the right to make the Service temporarily unavailable to the User until overdue payments have been made in full.
5. Subject to clause 6.2, Apnsms shall not charge a fee for payment gateway service from the User.
Refund
1. The User may request a refund from Apnsms by sending an email to [email protected] within 7 days from the date of last payment of Apnsms Service. Apnsms reserves the right and has exclusive discretion as to whether to approve such request. Apnsms shall notify the result of a refund request to the Users within 20 days after receiving the request from User.
2. If Apnsms approves the refund request, any refundable amount will be credited back to User’s original method of payment within 45 days. Apnsms is unable to refund payment gateway service fee.
Intellectual Property
1. Apnsms and User retain ownership of their intellectual property rights. Anything that originates with or belongs to Apnsms is intellectual property, and anything that originates with or belongs to User is User’s intellectual property.
2. The rights and obligations between the Parties in this Agreement shall not grant or license to the other Party any right to use any copyrights, trademarks, patents, trade secret or other forms of intellectual property of the other Party unless otherwise agreed in writing between the Parties.
3. All API documents and API codes are Apnsms property. User shall use documents and codes Apnsms makes available to User to make Service available to User’s customer or Receiver through the User’s application, website, or service. All API documents and API codes are provided as is and shall not be modified or derived.
Confidentiality
1. The Parties acknowledge that any information exchanged among them with respect to these Terms of Use is confidential information. Each Party reserves all rights and protections in any content, information, or data originated by the Party unless it is any information regarding the feedback or suggestion on the Service of Apnsms whereby Apnsms freely utilizes such information to develop or improve the Services of Apnsms.
2. Each Party shall maintain the confidentiality of all information to any third parties, except in the following circumstances:
  1. such information is or will be in the public domain, through no fault of the receiving party; or
  2. information disclosed as required by applicable laws, rules, regulations, or court orders.
Privacy Policy and Data Protection
1. User represents and warrants that User has been permitted to disclose and/or use any personal information or data of Receiver to acquire the Service of Apnsms under this Agreement.
2. Apnsms represents and warrants that Apnsms shall provide a reasonable method to protect any personal information or data of the Receiver disclosed by the User.
3. Apnsms is not liable for any losses or damages resulting from the disclosure of information without fault of Apnsms.
4. Apnsms is not responsible for the surveillance of any government or authorized official which may interfere with the privacy of the Receiver.
Limitation Liability
1. Apnsms is not liable for any costs or damages to User, Receiver, or the third party regardless of legal or illegal use of the Service requested by User.
2. The limitation liability of Apnsms under clause 10.1 shall not be applied for any actual costs or damages incurred due to the gross negligence of Apnsms.
3. Apnsms has no duty and responsibility to examine the text, content, or message of SMS broadcast, which is received from the User and delivered to the Receiver.
4. Apnsms is not liable for any delay or failure of Service as a result of hindrance, disruption, or any similar technical problem of the system, gateway, or network across countries or regions.
5. Apnsms is not responsible for delay or failure in performance as required by this Agreement as a result of an event of force majeure, riots, war, embargoes, acts of God, natural disaster, or other similar causes beyond the reasonable control of Apnsms.
Indemnification
1. User agrees to defend, indemnify and hold Apnsms harmless from and against any damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses incurred in connection with third party subpoenas, government investigations or enforcement actions made or brought by a third party. The indemnification for all losses and damages will be paid by User to Apnsms when it is caused by the liability in regard to the control or act of the User.
Dispute Resolution
1. If User has a problem with using the Service, User must notify Apnsms in writing to resolve the problem before bringing a legal case or claim. Apnsms shall provide a professional and commercial level of service to support the User and Apnsms r shall use commercially reasonable efforts to resolve the problem.
2. If one Party fails to comply with any terms of this Agreement, then the non-breaching Party shall notify the other Party in writing of such failure and request for remedy. If the breach cannot be remedied within 30 days upon receipt of the notice, the dispute shall be resolved in accordance with clause 13.2.
Governing Law
1. This Agreement is governed by, and is to be construed in accordance with the laws of Bangladesh without regard to its conflict of law.
2. If a dispute arises between the Parties and cannot be resolved, then both Parties agree to submit to the jurisdiction of the courts of Bangladesh.
Miscellaneous
1. If any clause or provision of this Agreement is invalid or unenforceable under BD law, it shall not affect the remaining terms of this Agreement, and without further action by the Parties, such clause or provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
2. The failure of either Party to enforce any right or obligation under this Agreement shall not be deemed a waiver thereof and shall not prevent the later enforcement of any right or obligation hereunder.
3. This Agreement does not create a legal partnership, joint venture, agency, employee/employer, relationship, or franchisee/franchisor relationship between the Parties. Neither Party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other.
Contact Information
1. The contact information of Apnsms is followed:
  Organization: Nextway IT
  Address: Nextway IT. located at 1666/02 Sher- E- Bangla Nagar Road, Bogura Sadar, Bogura-5800, Bangladesh.
  Email: [email protected]