By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services.

Without limiting the above, we may ask you to accept any or all of the terms when you first register for, or start using a service.

If you do not want to be bound by the terms, you must not register for, or use a service.

If you concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between the written contract and these terms, the written contract will prevail.

In these terms -

1. agreement means the agreement between us and you that comes about by your acceptance of these terms as set out in the section headed "Introduction" above;
2. Hellasfon Networks website means the websites that we own and operate located at www.hellasfon.com and www.easyclicksms.com including any page, part or element thereof;
3. content includes any information, data, text, music, sound, graphics, video, messages, hyperlinks or tags;
4. downloads means any software, data, application, code, files or content that you retrieve, view or download when using a service;
5. charges means the amounts we charge you for rendering our services, including (without limitation) our transaction or subscription charges, and any third party charges we incur;
6. ECT Act means the Electronic Communications and Transactions, Act 25 of 2002;
7. intellectual property rights includes (without limitation) any and all rights, title and interest (whether registered or not) in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, logos, devices, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement;
8. service means any service, product, goods, downloads, content, program or website that we may provide from time to time;
9. terms means the terms and conditions set out herein, and includes any additional terms (as defined in the section headed "Additional terms" below);
10. use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing a service;
11. VAT means value-added tax;
12. we, us and our means Hellasfon Networks S.A. and includes our successors in title and/or assigns;
13. you and your means any person who registers for, or uses any of our services;
14. the singular includes the plural and vice versa; and
15. headings are only for reference and not interpretation.

Hyperlinks in these terms are part of these terms under section 11(3) of the ECT Act. Any hyperlinks which are not operational will not in any way detract from the validity and interpretation of these terms.

We may change any or all of the terms including (without limitation) the charges at any time without notice to you.

Any changes will become effective when we publish them on the Hellasfon Networks website.

You must check the Hellasfon Networks website and the terms regularly for changes.

By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges.

If you do not accept the changed terms or charges, you must stop using the service (see the section headed "Ending a service" below).

Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions (additional terms).

By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms.

These terms apply to the extent that there is a conflict between these terms and the additional terms.

We always try to provide the services to the best of our ability.

We may suspend, interrupt, change or end any service for any reason without notice.

We will try to widely publicise changes to the services which apply generally.

We may also give you advance notice of any interruption of a service due to maintenance.

• damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether -
• in contract, delict or otherwise;
• direct, indirect, special or consequential;
• foreseeable or not; and
• notification of the damages were given in advance or not; and
• uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) fire, explosion, earthquake, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.

You should not regard any information, ideas and opinions expressed on the Clickatell website as professional advice or as our official opinion. Please get professional advice before you take any course of action related to the information, ideas or opinions expressed on the Clickatell website.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, our liability (and the liability of our affiliates, employees, shareholders, agents, and service providers) shall be limited to the greatest extent permitted by applicable law.

In many cases, we provide the services of third parties, or our services in conjunction with those of third parties including (without limitation) network providers.

In those cases, the following conditions apply:

• We provide such services subject to the terms, conditions and limitations imposed by those third parties.
• If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the services to you without notice. We may nevertheless try to provide such a service in another way or by using another third party.
• You authorise us to provide any of your information to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you.
• To the extent that there is a conflict between the third party's terms and conditions and these terms, these terms prevail.
• When you acquire goods, downloads or services from a third party through any of our services, you understand and agree that -
  • we are not a party to the contract between you and the third party;
  • we don't have to monitor the third party service you use;
  • the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
  • you must evaluate the goods, software or service and the applicable terms and conditions before acquiring the goods, software or service; and
  • you indemnify us against any damages (as defined in the section headed "Limitation of liability and indemnity" above) howsoever arising from your acquisition and use of the third party goods, software or service.
• We may reject or refuse any third party service used by you in conjunction with our service.

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, 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.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Your privacy

We respect your privacy.

We won't monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

We will try our best to protect your privacy on systems and websites that we control.

However, we are not liable for any unauthorised or unlawful disclosures of your personal information by third parties who are not subject to our control (for example, advertisers and websites that have links to the Clickatell website).

Please note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provides hyperlinks, may be different from ours.

We don't warrant the security of the information which you transmit to us.

Our service will, however, transmit the sender's name (from field) and/or email address with each message that the end-user sends.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

We are not responsible for the deletion or failure to store information.

We have set no fixed upper limit on the number of message you may send through the service apart from how many credits are left in you account.

We may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

Please see the section headed -Ending a service- below for more information on procedure for ending a service.

We may, in the future, with prior notification, limit the amount of storage space available to you.

The sender identification that can be included as part of a mobile text message is not a guaranteed feature. Your message might be sent without your sender identification and you will not be notified of this.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

You must only use the services -

• in accordance with the terms;
• for lawful purposes;
• in accordance with all applicable local, national and international laws and regulations; and
• for the purposes for which they are designed.

When you use our services, you must not -

• do anything which violates any terms;
• send junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
• >make any misrepresentation including (without limitation) 
• deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
• impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
• change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
• forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
• transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
• commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
• violate or infringe any intellectual property rights;
• do anything which does or may -
• damage, impair, overburden or disable any system of any person (including us) using our services;
• interfere with another user's use and enjoyment of the service or of similar services;
• interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
• compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
• transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
• harvest or collect information about others, including email addresses, without their consent for any reason;
• violate the privacy of any person;
• reproduce, replicate, copy, sell or re-sell any of -
• our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or
• the information or data contained in our services;
• repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
• transmit content that you do not own or do not have the right to publish or distribute;
• access any of our services or any similar service of any third party or any network without authorisation or through hacking, password mining or any other means;
• perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
• use the service for commercial use without authorisation; or
• help any third party to do any of the above.

We give you a non-transferable, non-exclusive license to view, download, save and print the content of the Hellasfon Networks website, provided that you use the content for private, personal, educational and/or non-commercial purposes only. You may not use the content for any other purpose without our prior written consent.

You may only cache the Hellasfon Networks website if -

• the purpose of the caching is to make the onward transmission of the content from the Hellasfon Networks website more efficient;
• the cached content is not modified in any way;
• the cached content is updated at least every 12 (twelve) hours; and
• the cached content is removed or updated when we so require.

You must direct hyperlinks to the Hellasfon Networks website from any other source to the home page of the Hellasfon Networks website. You may only provide hyperlinks beyond the home page of the Hellasfon Networks website with our prior written consent.

If you do link to pages beyond the home page of the Hellasfon Networks website you do so at your own risk and you indemnify Hellasfon Networks against any loss, liability or damage that may result from the use of such hyperlinks.

You may quote small and reasonable amounts of content available from the Hellasfon Networks website only if such a quote is placed in inverted commas and acknowledged.

You may not incorporate email addresses, names, telephone numbers or fax numbers published on the Hellasfon Networks website into any database used for electronic marketing or similar purposes.

We give no permission, whether expressly or by implication, that you may use the information on the Hellasfon Networks website to send unsolicited communications to us.

You may end a service at any time for any reason by following the procedure set out in the Hellasfon Networks website and these terms.

When you end a service, the relevant provisions of these terms will apply including (without limitation) the provisions set out under the section "Charges and payment" below.

From time to time, Hellasfon Networks may offer free trial credits to new users. We expect new users to use these trial credits to test the functionality of our products and messaging platform. We regard multiple registrations to make use of multiple free credits as an abuse of our trial service. Accordingly, registration for more than 3 trial accounts, by a single user, is prohibited.

Charges. In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify including (without limitation) our charges for messages delivered or partially delivered using any available delivery method.

We may from time to time for limited periods offer "free trial" or similar promotions during which no charges or reduced charges shall apply. Such promotions are intended for you to test the capabilities of the service and/or for casual, personal use only. During such promotions, all these terms apply.

All charges are payable upfront. You must pay all charges upfront by buying service credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time to as we need to add the credits to your account.

Payment. Charges are due and payable at the time of, or before we deliver a message to your recipients, via every method of delivery based upon the billing plan we select. Payment is deemed to have been made as soon as the charge is available in our bank account. We may make other payment arrangements in our sole discretion, on a case-by-case basis.

You shall pay all charges free of set-off, charges or deductions.

If we issue an invoice to you, you must pay the invoice within 7 (seven) days of date of the invoice.

Your failure to pay any amount when due, will constitute a breach of these terms.

In the event of any Regulatory Fine as a result of the client's service, Hellasfon Networks shall be entitled to withhold or deduct the amount of such fine, charge or sum from any sums payable to the Client under this agreement.

In the event that any amount on the client's account is outstanding, Hellasfon Networks shall be entitled to withhold or deduct this amount from any sum payable to the Client whether in premium rated revenue share or any other fees.

Credit Card Payment. If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer, you must pay all amounts due, on demand.

Your agreement with the credit card issuer governs the use of your credit card. So, please refer to that agreement to see what your rights and obligations are as a cardholder.

Taxes. Unless stated otherwise, all charges exclude taxes, including (without limitation) sales, use, personal property, value-added, withholding, excise, or other taxes and duties including penalties and interest. You are liable for, and must reimburse us for all taxes imposed in connection with or arising from the provision of any service (other than those assessed on our net income or capital gains) . You will provide us with sufficient information to enable the timely payment of any applicable taxes. The sum payable by you upon which any taxes are based shall be increased to the extent necessary to ensure that, after the deduction or withholding of any taxes, we actually receive and retain, free from liability for such taxes, a net amount equal to the amount we would have received and retained in the absence of such taxes.

Increase in charges. We may increase our charges at any time by notice to you.

If we increase our charges after you have bought credits from us, we will give you 14 days' notice of the increase. The increase will then apply to the credits that you have in your account.

Within the 14 day period you may choose to -

• continue with the service subject to the increase; or
• end the service in which case we will pay to you the value of any credits that may be left over in your account.

You may then use the service again by buying new credits.

Expiry of credits. You must use up your credits within 120 days from the date on which you bought the credits. We may extend this period on a case-by-case basis in our sole discretion.

Refunds of credits. You can ask us to refund any unused credits within 7 days of buying those credits. However, we do not refund branding charges, licenses, monthly administration charges, and any other charges that you pay to us.

When you ask us to pay back credits we will -

• first deduct our charges for any messages sent;
• pay you the amount on the scale that corresponds with the equivalent to the amount of message units sent;
• keep 10% of the amount we refund you as an administration charge; and
• keep any costs we incur to refund you (eg bank costs).

Save as set out above, we refund no payments or charges.

Credit-based billing principles. We can charge variable charges per message sent through our system. We publish these variable charges on the Hellasfon Networks website from time to time. We charge the published rate when a message is sent through the system. However, you may select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message.

You understand and agree that the number of credits to a specific destination network may change due to various factors, and that we may adjust these rates whenever we deem it necessary to do so.

If you have not selected a specific band or profile that supports delivery to a specific destination, you understand and agree that messages sent may not be delivered to such destinations. Conversely, if you have chosen specific bands which support a higher credit rate per message, and you are not aware that a specific route at the time of sending the message to us will be charged at the said higher rate, you understand and agree that you will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.

If you breach any of these terms, then we may immediately, without prejudice to any of our other rights and without notice to you -

• claim payment of all outstanding amounts due to us;
• stop or suspend your use of any of the services;
• end the agreement; and/or
• claim damages from you.

In all cases, we may keep all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.

If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to/or use of a service (in whole or in part) where the suspension arises from your failure to comply with the terms.

Upon ending and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service and remove all our downloads on any computer, database, server (local or remote) in your possession or under your control.

We have no obligation to you after any termination or cancellation of a service or this agreement.

We (or the appropriate third party) retain all intellectual property to the services, the systems that provide the service and downloads.

You may not, directly or indirectly -

• sell, sub-license, lease, distribute or otherwise transfer any downloads to any third party;
• appropriate the downloads in whole or in part for whatever purpose;
• decompile, disassemble or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
• create derivative works based on the downloads;
• incorporate the downloads into any other content for whatever purpose;
• remove any legal notices (copyright, trademark or other proprietary rights notices);
• reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which we own the copyright.
• use the downloads for timesharing or service bureau purposes or otherwise for the benefit of a third party;
• frame any portion of the web pages that are part of the service.

You must comply with all national and international laws pertaining to intellectual property rights.

You keep ownership of any original content that you provide when you use a service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when using the service.

Subject to the terms and South African law, for the duration of the agreement and the service, we grant you and individual, personal, non-exclusive and non-transferable license to use our downloads, in object code form only, and only in accordance with the applicable end user documentation, if any.

We may provide hyperlinks to websites that we do not control (target sites).

We don't necessarily endorse, agree with or support the content, products and/or services of target sites.

By subscribing to or using a service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

For the purposes of this clause, "intercept" and "monitor" bear the meanings ascribed to these words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002.

You agree that the consent above satisfies the "writing" requirement as detailed in the ECT Act and the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002.