TERMS AND CONDITIONS
Effective as of 24 February 2015
GENERAL TERMS AND CONDITIONS
These Terms and Conditions (hereinafter:T&C) apply to all clients using MOCOCHECK solution. By using MOCOCHECK, the client agrees to be bound by, and to comply with, the terms of these T&C.
MOCOCHECK shall mean a network of GSM modems deployed in countries listed on following link: http://www.mococheck.com/coverage/ providing an easy and efficient way for testing SMS/MMS, voice or mobile internet services.
1.2 Top up amount shall mean an amount added to the client’s account to be used for testing.
1.3 Top up fee shall mean an additional handling fee for usage for MOCOCHECK.
1.4 Usage fee shall mean price for usage of MOCOCHECK per country. Price per country is 50€. For joint usage of 5 countries, single price is 190€. For joint usage of 10 countries, single price is 330€.
The price to be paid by the client for the usage of MOCOCHECK will depend on the selected pricing plan and spent amount, according to the prices listed in the price list.
- Each client shall be charged an annual fee for usage /access to MOCOCHECK. The annual fee shall be invoiced to the client after accepting these T&C and the client is obliged to pay the invoice 14 days after receipt of the invoice at latest. If the client orders new countries or modules during one year period, the client shall be charged a proportionate annual fee for new countries and/or modules.
The amount client has spent shall be calculated and invoiced on monthly basis based on client’s usage of MOCOCHECK in each selected country. The currency rate used to calculate spent amount shall be one available on www.oanda.com on the date of calculation and will be given in Euros.
If neither of the parties terminates the client’s usage of MOCOCHECK at least 3 months before expiration of the annual fee, the subscription shall be prolonged for another year each time and new annual invoice shall be sent to the client, if not agreed otherwise between the parties.
The provider of the service reserves the right to modify the list of prices and plans without prior notice. Unexpected changes will not alter any services already paid for.
The client shall not use MOCOCHECK in a manner that:
is misleading or deceptive;
3.2 could infringe a law or regulation (including but not limited to defamation, discrimination, invasion of privacy, harassment, obscenity, infringement of intellectual property rights or breaches of confidentiality);
3.3 could reasonably be regarded as offensive to public morals, decency or sensibilities;
3.4 threatens the operation and /or security of any computer system, telecommunications network or equipment (including the operation of a mobile handset); or
3.5 induces an unacceptable sense of fear or anxiety,
3.6 regarded as a chain letter, junk SMS message, spam, or otherwise an unsolicited message (commercial or otherwise),
3.7 is used to collect information about recipients without their consent.
Any unauthorized commercial use of the service is expressly prohibited.
For the avoidance of doubt, the provider of the service shall not be monitoring the content of any SMS Messages sent by the client and shall not be responsible for the content of such messages.
If the client breaches any clause of this Terms and Conditions, the provider of the service has the absolute right in its sole discretion to immediately suspend or terminate, without compensation, part or all of its service to the client.
The client will cooperate with the provider of the service in relation to any complaints, enquiries or investigations regarding client’s usage of MOCOCHECK and will bear all costs incurred by the provider of the service associated with any complaints, enquiries or investigations as a result of the client’s activities in connection with usage of MOCOCHECK.
The provider of the service has the unconditional and irrevocable right to disclose the identity and address of the client in the event of any complaint received from any regulatory or governmental body or operator, in connection with client’s usage of MOCOCHECK.
- Testing availability on MOCOCHECK is made on a best effort basis, and depends solely on the particular conditions of each provider of mobile phone services. MOCOCHECK will not be liable for the failure or unavailability of testing.
- In case of any problems in availability of MOCOCHECK, the client can contact the provider of the service via online contact form or via e-mail firstname.lastname@example.org
- DELIVERY POLICY
MOCOCHECK services are delivered online via our network of GSM modems. Once payment has been made and after Client has passed our validation process, we will activate the features ordered within the designated account of Client.
- CANCELATION AND REFUND POLICY
Client can cancel the subscription to MOCOCHECK only in writing. The right of each party to extraordinary termination for cause remains unaffected.
No amount of money will be reimbursed to the client for failure or unavailability of MOCOCHECK.