This agreement covers Mobitips and all related products and services offered by Macmarice Ent, 2nd Floor,62 Allen Avenue, Ikeja-Lagos to which you (Buyer) subscribe.
Mobitips is an independent Mobile service provider and provides SMS solutions to clients described on the website www.mobitipsng.com. This solution consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated. Mobitips makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Mobitips reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with on 14 days ' notice. All fees paid to Mobitips when such termination occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when Mobitips has delivered/sent the messages to the immediate destination that Mobitips's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Mobitips does not guarantee delivery on behalf of Mobile telephone networks of mail servers.
Mobitips lays no claims to its network coverage. Although Mobitips focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of Mobitips or its service providers' networks. This may result in messages not being delivered.
You are eligible to subscribe Mobitips Mobile services if, by acceptance of this agreement, you truthfully certify that:
You are not a competitor of Seller.
If you are applying for a promotional trial, you have not, in the past sixty days, benefited from a promotional trial of the Services.
Conditions of Use:
Your use of Seller's services is subject to the following conditions:
you must not cause or allow robots or other automated processes to act upon or interact with Seller's systems or user interfaces without prior written permission from Seller, and
you must not use Seller's services in a way that causes unreasonable load on Seller's systems or unwanted load on systems with which you direct Seller's services to interact.
Buyer will, through his use of Services and contact with Seller, become aware of trade secret information owned by Seller, including but not limited to the provision, delivery, and methods of operation of the Services, and of planned enhancements to same and current and planned marketing of the Services. Buyer agrees that all such information accessed through Seller's password protected systems, and through interaction with Seller's staff and agents, will be held in strict confidence and afforded all reasonable measures of security.
NOTE: The provisions of this section shall survive for a period of not less than two years following expiration or termination of this contract.
If any payment due to Seller under this Agreement is not paid when due, Buyer agrees to pay Seller interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 18% per annum or the maximum rate allowed by law.
Default and Remedies:
Buyer will be in default under this Agreement if there is
failure to pay any amount when due
Buyer fails to comply with any provision of this Agreement, or
any representation made by buyer in this Agreement is or becomes untrue or
If Buyer is in default in any way, Seller may immediately take any one or more of the following actions for protection:
Declare all unpaid amounts due and payable;
Terminate this Agreement with respect to all or any part of the Services
Take any other lawful action Seller may deem appropriate to enforce Buyer's performance of this Agreement and/or obtain damages for Buyer's breach.
If Buyer defaults, he agrees to pay costs and reasonable attorney's fees Seller may incur in enforcing Seller's rights.
If Seller defaults, Buyer’s sole remedy will be the refund of the current month’s fees for Services or Products. Any Products which have not been paid in full will be returned to Macmarice ENT, or Buyer will refund Seller’s reasonable attorney’s fees to exercise such rights.
Certain Other Agreements:
Buyer understands and agrees with Seller as follows:
- (a) Buyer will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services.
(b) Sales: Buyer will pay all sales as billed by Seller. Buyer will provide Seller with written proof of payment upon request.
(c) Cancellation and Assignment: Until paid in full, Buyer may neither cancel this Agreement nor transfer it. Buyer may neither assign his rights or duties without Seller's written consent, which Seller may withhold at Seller's sole discretion. Upon prior notice to Buyer, Seller may assign or subcontract all or part of Seller's rights and obligations under the Agreement, in which event Buyer will look only to Seller's assignee and not to Seller for any further performance.
(d) Automatic renewal: This Agreement will automatically renew at the monthly service price unless Buyer sends Seller written notice that he does not want it to renew at least fifteen (15) days before the end of the Agreement's term. Seller may cancel the automatic renewal term by sending Buyer written notice that Seller does not want the Agreement to renew, at least fifteen (15) days before the end of any term of the Agreement.
(e) Buyer agrees that all of Seller’s Services and Products are secondary resources for said Buyer and that Seller is in no way or under any circumstances responsible for the results of use of the Services and Products of Macmarice ent
- Stringent Service Level Agreement (SLA) and 24x7 supports guarantee high quality of service.
8. No Warranties:
We are selling a service provided via multiple public and private facilities, some of which are not within our control. Seller does not guarantee the quality or condition of the Service. Seller does not guarantee your subscribed Services will be active and available 100% of the time and will not be held liable for any of losses in the event that there is a service failure.
SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS CONTRACT.
These terms and conditions are the complete Agreement between the parties. This Agreement supersedes all prior agreements, representations or promises made by Seller's representative that differ in any way from these terms and conditions.
Any modifications of, or waiver of rights under, this Agreement must be in writing signed by the party or parties to be bound by the modification or waiver.
No provision of any purchase order or other document which Buyer may issue covering any Equipment or Services will modify the terms and conditions of the Agreement: Buyer agrees that any such purchase order or other document is strictly for purposes of Buyer's internal use.
Any failure on Seller's part to exercise Seller's rights, or any delay in exercising Seller's rights, shall not be deemed to be waiver of those rights, and waiver of any provision on any occasion shall not be construed to be a waiver of any other provision or on any other occasion.
If more than one Buyer or Guarantor is named in this Agreement, each shall be jointly and severally liable for all the provisions of the Buyer and Guarantor.
Any notices required under this Agreement must be delivered in person or mailed, properly addressed and with postage prepaid, or via e-mail, to the party entitled to receive the notice.
All complaints must be directed to Mobitips, firstname.lastname@example.org
within 5 business days of the event causing the objection.
Everything contained within this site is owned by Mobitips or used with permission. If you wish to retransmit, use or copy any information for this site, you must have our explicit written permission. Ownership or permission must be gained if you wish to change or advertise anything from Mobitips. Violators of this policy will be dealt with in a serious and legal manner.
The User agrees that Mobitips may access its account, including its contents, as stated above or to respond to service or technical issues.
THE USER HEREBY GRANTS MOBITIPS THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT MOBITIPS DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE