Terms & Condition
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING IN OUR WEBSITE. PARTICIPATION IN THE SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE PROGRAM.
• This is to notify the users of our company that a few systematic cheating rackets are operating on SMS platform propagating lottery/prize/ unclaimed huge properties etc. This is totally objectionable by the Police Crime Branch as well against TRAI norms. These messages are under spam and comply for stringent and strict action by the respective departments. All the users are advised to adhere with the instructions and not to promote such activities. Violation of this intimation will automatically invite serious legal action and we will not be responsible for the same and shall share the client information to the respective departments.
• Sender id is subject to approval
• If you send sms via normal gateway , you are 100 % liable for any claims raised by NDNC users, to avoid this you can use NDNC Gateway for the same.
• Your account may be suspended on violation of any terms and conditions
• By registering with our services you give us permission to send any promotional offers, any updates or any kind of contact material to be delivered on your registered mobile no or email id.
• We shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
• The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian. • All prices, unless indicated otherwise are in Indian Rupees.
• By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
• You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. We, accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.
• Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
• In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. • Presently, the service(s) of our company are being offered at nominal cost. However, we reserve the right to change a fee for any or extra facilities.
• The User agrees to use the services provided by our company, its affiliates, consultants and contracted companies, for lawful purposes only.
• The User agrees to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), We have the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.
• Partial service provided needs to be reported within 10 days of receipt of the service.
SMS / BULK SMS POLICY has to be strictly followed by our members, failing which we will have to terminate our services immediately.
Every Facility has some rules and regulations as anyone can misuse the facility. Hence Government of India, TRAI has some rules and regulations to use sms facility in India. If someone misuses this facility in any accordance then serious punishment will be caused to the user, so kindly follow the TRAI's rules and regulations when you use our SMS Services.
Due to strict adherence of CLI Policy (as per TRAI), SENDER Name in personal names are not permitted. Please do contact us for further details. After registering yourself with www.Zoomtrax Technologies.com, for any kind of sender name registration, you need to take approval from us along with valid and justified supporting documents.
If you can't verify your original documents personally, kindly send us scanned copy of supporting document in order to register and continue your selected SENDER Name. Non submission of supporting document may lead to suspension of SENDER Name and the same will be rejected by our server. This is done to prevent any misuse of service and is as per guidelines of TRAI and NDNC Registry.
Approval of SENDER NAME may take 1-3 days.
SENDER ID resembling name of a person will not be considered for approval.
Scanned copy of documents can be forwarded to email@example.com
NDNC's SMS Policy
A great advantage of using Zoomtrax Technologies.com is that its bulk sms gateway automatically filters the mobile and land line numbers from the NDNC (National Do Not Call) registry. This feature enables you to only send bulk messages to people who are not on the 'Do Not Disturb', 'Do Not Disturb Clients/Customers' list and will let you promote and market your company ethically which will enhance your company's reputation in the market. You can also send corporate bulk sms through this bulk sms service, which enables your clients and customers to communicate with the company easily. Corporate sms facility is also a great way to maintain coordination between the executives and employees at different levels. It also enables you to give out vital information like numbers, name etc. which people might need later. This feature is really helpful while sending business sms.
Another advantage of using this Bulk sms application is that you can easily send bulk messages using excel spread sheet. All you will have to do is sign up to the bulk sms service and just login for bulk sms application from the website of Zoomtrax Technologies.com. Now, you can send bulk sms by just making an excel sheet of contacts and choosing the contacts to send the bulk sms from it.
If you want to Register or De-Register with NDNC (National Do Not Call), click on the link to do the same:http://www.ndncregistry.gov.in/ndncregistry/index.jsp
Note : You should follow Bulk SMS TRAI regulations to avoid any kind of Bulk SMS spam.
Terms of Service
Zoomtrax Technologies services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Service constitutes acceptance and agreement to Zoomtrax Technologies TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Zoomtrax Technologies may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of AP, India.
1.Disclosure to Law Enforcement:
The Zoomtrax Technologies specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Zoomtrax Technologies shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.
4. Payments and Fees
Checks and Demand Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of Zoomtrax Technologies. Accounts not paid by due date may be subject to a late fee at Zoomtrax Technologies the sole discretion of Zoomtrax Technologies . If you desire to cancel your account,30 days before expiry of the account to notify the cancellation would result in services billed and payable for the next period.
5. Refund and Disputes:
All payments to Zoomtrax Technologies are non-refundable. This includes any service rendered by Zoomtrax Technologies or purchasing any service in online and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Zoomtrax Technologies sole discretion is a valid charge under the provisions of the TOS, you agree to pay Zoomtrax Technologies an “Administrative Fee” of not less than Rs. 2000 and not more than Rs. 10,000. Zoomtrax Technologies reserves the right to suspend all services provided to the client in such a case till payments are settled.
6. Failure to Pay:
The Company may temporarily deny and suspend ALL accounts and services provided to a customer or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation:
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to firstname.lastname@example.org
Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
8. Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Support Boundaries: Zoomtrax Technologies provides 24 x 7 technical supports to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Zoomtrax Technologies provides support related to your service. Zoomtrax Technologies does not provide technical support for YOUR customers. If you can email, we encourage you to email email@example.com for assistance.
10. Opt in subscriber
We send Marketing and promotional Mails/SMS to OPT-IN Subscribers Only ) one can/customer can purchase any sms quantity representing sms packs given where mention bulk sms page. promotional route sms can rech non DND active numbers.transactional route sms can rech DND active numbers including all numbers.
11. Bulksms Prices
bulk sms prices vary from company to company/institution to institution.no equivalent/comparative prices with other companies. our prices depends on our service operators. bulk sms prices changes as operator changing prices. bulk sms validity unlimited as on the day, consumption as on the day validity unlimited .if operator hike prices, then, we can hike the prices, or adjust remaining sms credits as per new hiked prices. no money refundable at any cost.sms credits adjustable.
12. Refund Policy
IMPORTANT NOTICE: *All Payments To Zoomtrax Technologies are Non- Refundable* sms are digital products,in this case money should be 100% advance, when obtaining sms accounts. any products obtained from Zoomtrax Technologies , advance paid money and balance payment will not be refunded. 30 day money back guarantee: 30 day money back guarantee is applicable only premium bulk sms gateway for india,for valued reason.
13a.Promotional SMS Delivery
promotional bulk sms gateway delivery depends as on the day,as on the time of traffic volume. promotional bulk sms gateway does not give any speed delivery guarantee. it purely depend upon traffic volume on the particular time of sending. promotional sms delivery ratio depends upon pricing ie.5-10 paisa between promotional sms delivery ratio around 40% to 80%.even servers all uptime 99.99%.delivery ratio is depending bandwidth level.low price-low bandwidth allotted by operator. no money back guarantee for promotional bulk sms gateway.
13b.Transactional SMS Delivery
transactional bulk sms gateway delivery depends as on the day,as on the time of traffic volume. transactional bulk sms gateway does not give any speed delivery guarantee. it purely depend upon traffic volume on the particular time of sending. no money back guarantee for bulk sms gateway.
13c.Api SMS Delivery
API sms gateway delivery is maximum guarantee,99% uptime, in time delivery.as on the time of traffic volume. api sms gateway does give speed delivery guarantee.
14. Notification of Violation
Zoomtrax Technologies is under no duty to look at each customer’s or user’s activities to determine if a violation has occurred
First violation: Any User, which Zoomtrax Technologies determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Zoomtrax Technologies discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that Zoomtrax Technologies determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
15.Indemnification: Zoomtrax Technologies wishes to emphasize that in agreeing to the Zoomtrax Technologies Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Zoomtrax Technologies for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Zoomtrax Technologies or the bringing of any claim against Zoomtrax Technologies by any third-party. This means that if Zoomtrax Technologies is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a.A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a
b.Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this
c.Zoomtrax Technologies is not responsible for any damages your business may suffer. Zoomtrax Technologies does not make implied or written warranties for any of our services. Zoomtrax Technologies denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Zoomtrax Technologies.
17.Responsibility for Content: You, as Zoomtrax Technologies customer, are solely responsible for the content
Neither party shall lose any rights here-under or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
19.Demo accounts& Demo panels:
We provide Demo accounts,Demo panels depending of availability.Demo Accounts,Demo Panels may be different from Original sms panels,original sms accounts,Demos provided for only Premium Services.
20.Denial of Service:
We reserve the right to refuse service to anyone at any time for any reason.
Price Hike;- .if operator hike prices, then, we can hike the prices, or adjust remaining sms credits as per new hiked prices. No money refundable at any cost.sms credits adjustable.