Terms & Conditions

SMS

1. Introduction
This public Agreement (the Agreement) define the terms and conditions govern the legal relationship between ADN Diginet and its Users and incorporate the provisions of the ADN Diginet Privacy Policy. By using the ADN Diginet services, you acknowledge that you have read all terms and policy and agree to be bound by such terms and conditions contained herein. This agreement between ADN (“ADN” means ADN Telecom Ltd., a company incorporated under Company Act 1994 having its registered office at Red Crescent Concord Tower (19th Floor), 17, Mohakhali C/A, Dhaka-1212, Bangladesh, operating in office at Navana Shefali, Level 3, House 11, Gulshan 1, Dhaka, 1212, Bangladesh hereinafter referred as “ADN” or ADN Diginet, “us” or “our” or “we”) and you (“The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to account or uses the Services). The User and the ADN are hereinafter referred to as the “Parties” and individually as a “Party” or as stated above. TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF ADN Diginet TO YOU AND THAT INDEMNIFY ADN Diginet AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.

Please read these terms and conditions carefully.

2. Interpretation

“ADN Diginet” means the ADN Diginet legal entity responsible for providing the Services to you in your territory, the ADN Diginet legal entity with whom you contract for the provision of the Services in your territory is identified “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by ADN Diginet including the software and applications. referred to in clause 5 “SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process; “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and “Website” shall mean all websites published by ADN Diginet entity including ADN Diginet.com and shall include any page or part thereof. Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.

3. Agreement

4. Changes and Amendments

5. The Services

6. Acceptable Usage

7. Registration and Security

Termination
The Agreement shall commence as described in clause 3.7 and except as otherwise provided in the Agreement, shall continue unless the User gives one full calendar month written notice of termination. ADN Diginet reserves the right to terminate this Agreement immediately on providing notice to the User for any reason whatsoever.

ADN Diginet may terminate this agreement and access to this Site or the Services found at this Site immediately:

(i) if ADN Diginet receive an order from a regulatory body to cease providing services to you;

(ii) if ADN Diginet reasonably believe that User is engaged in any fraudulent or damaging activities or attempts to comprise the ADN Diginet service.

(iii) any other legal, reputational, or risk-based reason exists, in ADN Diginet’s sole discretion.

(iv) Without the written consent of ADN Diginet you attempt or do transfer, assign or deal with this agreement or the site or Services.

(v) You attempt or use the site in a way which is not approved by ADN Diginet.

(vi) If you or your personnel, directors, or anyone related with you prevent ADN Diginet from properly performing its obligations under this agreement.

Without prejudice to ADN’s any other right, you admit that in case of above (iv), (v), (vi) ADN has the right to claim compensation from you.

After termination by either party as described above, User shall no longer have access to, and shall cease all use of the ADN Diginet Services. Any termination of this Agreement does not relieve user of any obligations to pay any fees, costs, penalties, Chargebacks or any other amounts owed by you to us as provided under this Agreement, whether accrued prior to or after termination.

Upon termination or expiration of this agreement for any reason, User shall pay any amount due to ADN Diginet immediately with no right to set-off.

8. Privacy

9. Payment and Prices
You are obliged to pay in due time all fees for the use of the Service according to the pricing option you have chosen. We offer monthly, annual and two-year subscription. The current pricing offer is available at:

1. User Warranties and User Obligations

2. Breach

3. Limitation of Liability, Warranties and Indemnities

4. General

5. Disclosure of Information

6. Proprietary Rights

7. Linking and Framing

8. Searching Technology

9. Applicable Law and Arbitration

10. Confidentiality

During the Term, the User shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of ADN Diginet. The foregoing obligation, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information, (ii) is, through no fault of User, hereafter disclosed in publicly available sources of information, (iii) is now in the possession of User without any obligation of confidentiality, or (iv) has been or is hereafter rightfully disclosed to User by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. In its performance hereunder, User shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation.

The User shall not at any time divulge, disclose or otherwise furnish, directly or indirectly, to any third party any Confidential Information except: (a) with the prior written consent of ADN Diginet; (b) as otherwise may be required by law, legal process or generally accepted accounting principles; or (c) in confidence to its employees, legal counsel, accountants or other similarly situated advisors, in each case, only where such persons or entities have a legitimate need to know such Confidential Information and are under appropriate nondisclosure obligations.

Each party shall forthwith notify the other party of any information, which comes to its attention regarding any actual or potential breach of confidentiality, disclosure or unauthorized use of the confidential information. This clause shall survive the expiry or termination of this Agreement.

Except payment obligation of User, neither party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform any of its obligations, if the delay or failure was due to any cause beyond the party’s reasonable control including (without limitation) flood, fire, acts of terrorism, cyber-attack, civil disturbance, acts of any government or authority, revocation of any license or consent, default of any supplier or sub-contractor, failure of any power supply, theft, malicious damage, strike lock-out or industrial action, unanticipated technological or natural interference or intrusion, loss, or damage to satellites, loss of satellites linkage or any other data communication linkage, loss of connectivity or any other irresistible force or compulsion, other acts of Government, any new law or regulation. or the failure of any electronic communications system of any machine computer data processing system or communication link or by any other circumstance whatever beyond its reasonable control.

If the Force Majeure events continues for continuous period of 30 days, either party may by written notice to the other terminate this agreement.

11. Entire Agreement
These terms and conditions constitute the entire agreement between ADN Diginet and the User.

12. Notices
If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:

Address: Navana Shefali, Level 3, House 11, Gulshan 1, Dhaka, 1212, Bangladesh
Telephone: +880 9610 770 555
Email: info@adndiginet.com