SMSRelay Large Account Services General Conditions Version 1.2.1: 15.01.2003 1. Services of SMSRelay 1.1 Access to the SMSRelay short message delivery central. Access to the short message delivery central of SMSRelay is installed within less than 7 working days unless current workload or other technical restrictions would allow it. 1.2 Transmission of short messages 1.2.1. Delivery of short messages (SMS) in general If the recipient has his mobile phone switched on and is in a covered area, the messages will be delivered immediately upon reception on the short message delivery central. SMSRelay is not responsible for any non coverage of an area. If there is a power failure, SMS can not be delivered. Delivery into networks of Swisscom are guaranteed. Delivery into networks of other carriers are under the condition that the other carrier does accept the messages. We always attempt to deliver messages to other carriers but we can not guarantee the delivery to the end user if the carrier responsible for the network of the end user decides to shut down his network for incoming roaming short messages. 1.2.2 Volume Volumes of 50'000 messages per day have to be announced in advance. SMSRelay reserves the right to refuse such large quantities if overload situations could arise. 1.2.3 Storage in the Shortmessage Center Volumes above 50'000 daily have to be indicated with a lifetime. The maximum lifetime are 48 hours while SMSRelay reserves the right to reduce this lifetime to prevent overloading systems. 1.2.4 Delivery Notifications Delivery Notifications are supported and included in the pricing. 1.2.5 Liability. SMSRelay is not liable for any damages resulting out of short messages being delayed delivered or not delivered at all. 1.3 Support SMSRelay supports the customer on communications problems with its short message delivery central by e-mail at support@smsrelay.com or by phone on +41-61-6666330. We can not fix any troubles which are caused by circumstances we have no control over are limiting us. SMSRelay reserves the right to charge for problem fixing for causes which turn out to be unrelated to its systems. 1.4 Technical changes SMSRelay reserves the right to make technical changes on their systems. Customers will be informed in advance shall those changes have an impact on the services they have subscribed to. 2. Responsibility of the customer. 2.1 Technical problems or damages. If customer applications are creating problems or damages on the systems of SMSRelay, SMSRelay reserves the right to block the access to the systems and to charge for the damages made. 2.2 Usage through third parties. The customer is liable for any usage of the access through 3rd parties, especially for the messages a 3rd party might submit. We would recommend to keep the access information to the short message delivery center private and secured. 2.3 Message content. The customer is responsible for the content of the message he or a 3rd person is delivering over the customer's access to SMSRelay. The customer is not allowed to use the access for any messages which are regarded as unwanted, unsolicited, harmful, misleading or illegal. The customer is responsible for contents of the short messages, which he or third persons are delivering to SMSRelay for transmission. The customer ensures for the fact that the access is no abused for uneasiness, annoyance of a GSM user or for illegal purposes. In particular force representations, pornography, racial discrimination and advertisements to receivers who have not indicated clearly that they would like to receive the advertizement (by subscribing for example). In the case of permitted advertizement, it has to contain a hotline number of the customer to give the recipient a chance to complain if he doesn't want to be on the list anymore. Premium Rate numbers are not permitted as hotline numbers. 2.4 If SMSRelay of a responsible authority notice an illegal use, SMSRelay reserves the right to temporary stop servicing the customer or terminating the contract with immediate effect. 3 Billing. 3.1 Billing is done on submitted messages to SMSRelay based on its recordings of such messages. Those recordings are considered valid even if the customer has objections but technical research has not inicated any source of errors. 3.2 Pricing. Tariffs are based on messages being sent from Switzerland. Shall a receiving carrier start charging for messages terminated in his network, SMSRelay reserves the right to start charging that fee to the customer. 3.3 Payment delays. If payments dont arrive in time, SMSRelay reserves the right to block the access. 4. Duration of the contract and termination The contract is not limited in time. It can be terminated from both sides while respecting a delay of 30 days but not before a minimum of 6 months. If the customer terminates the contract before 6 month, the remaining minimum invoicing values will be due. 5. changes of the contract. Change of the minimal invoicing value, the price per message are announced to the customer ahead of time. Without written termination of the contract, the new pricing will be considered accepted from the customer. Same is true for the change of this document specifying the general conditions as well as for new limitations. 6. SMSRelay reserves the right to transfer this contract without the customer's agreement on to a daughter company. 7. Invoicing. Invoices are payable in swiss francs. On request the customer has to pay a deposit of up to 3 months worth of minimum invoicing values. 8. Names SMSRelay is a service provided by Global Networks Switzerland Inc., Clarastrasse 3, 4058 Basel, Switzerland. If in this document SMSRelay is an alias for Global Networks Switzerland Inc. 9. Legal Location for legal disputes is the location of the company Global Networks Switzerland Inc. The law of Switzerland is applicable.