Throughout this Agreement where We refer to ‘Customer’, ‘You’ or ‘Your’ We mean any company, business or an entity with whom Eocean enters into this Agreement. When We refer to ‘Personal Data’, We mean that any personally identifiable information that can personally identify an individual. Additional specific terms contained in the Agreement are defined in the next section.
By registering for or using the Services, You agree having read and fully understood the Agreement and being bound by the terms in the Agreement.
Any deviation from this Agreement shall only be valid if and agreed upon by and between the Parties in writing.
By entering the Agreement, You state being at least 18 years of age and if You are acting on behalf Your employer or other person then You confirm having the consent of the employer or that person to act on their behalf.
This Agreement shall become effective and binding on the Customer upon the date of using the Service (the “Effective Date”).
Applicable Law: (i) all applicable laws and regulations, government requests and codes of conduct laid down by competent authorities or regulators that apply to providing or receiving the Service and/or End User Service in the country where the Services and/or the End User Service is delivered; and also (ii) all regulations, guidelines, conditions, policy rules and/or other requirements that are used by Operators in the country where the Service and/or the End User Service is delivered.
Traffic: electronic communication and/or data traffic from and to a mobile telephone and/or fixed line, mobile device or online application. Such traffic includes without limitation SMS, MMS, Push, OTT, RCS, Voice and/or data
Services: All products now, or in the future provided by Eocean to You under the Agreement.
End User: any individual who is authorized to receive Traffic from Your system or send Traffic to Your system using a mobile telephone, online application and/or fixed line.
End User Service: Service provided by You to Your End Users, via the Platform of Eocean
Platform: Cloud Communication Platform of Eocean designed to establish connectivity between an electronic communication network and Your system to send and receive Traffic.
Operator: Electronic communications service provider that allows point to point information exchanges between You and end user of Traffic.
Customer Portal: Web portal managed by Eocean that enables You to securely login using Your credentials to create user accounts, send and receive Traffic to End Users, access information regarding Your Service account such as billing information, Traffic delivery reports and includes any other delivery mechanism for the Services provided by Eocean, including but not limited to any SDK or API.
Taxes: all applicable local, federal and provincial taxes, fees, charges, Operator surcharges, withholding taxes, GST and/or Sales tax.
3. Account Registration, Password and Security
3.1 You will provide Eocean any information required for on-boarding and creation of Service account by Operators. You will provide full name of Your Company, Company business address, Company registration number, tax ID, business phone number, business email ID and the name of the director(s) authorized to sign the Agreement.
3.2 You agree to provide true, accurate, and complete information and to keep all information up to date at all times.
3.3 We reserve the right to suspend or stop You from using the service in case the information provided by You has not been current, complete and accurate.
4.1 We will offer You access to eligible Services for a free trial period at Our discretion. Not all Services shall be eligible for a free trial.
4.2 We will terminate access to the Services upon expiration of the trial period.
4.4 If You do not accept the invitation to subscribe within 30 days from the invitation, We will assume that You no longer wish to use the Services and use of the Service set out in clause 3.1 will be terminated and all data in Your account will be deleted. You will be under no obligation to pay us for Your use of the Services during the Trial Period.
4.5 We reserve the right to suspend or terminate the Services provided under this Agreement at any time during the Free Trial in its discretion.
6.1 All prices are stated in PKR and are exclusive of any Taxes that is levied or imposed by any governmental authority or regulatory body in connection with the Service.
6.2 If any pricing is quoted in a different currency other than PKR, the invoice shall be payable in PKR and conversion between PKR and USD is calculated according to the exchange rate listed on www.brecorder.com on the date when invoice is generated.
6.3 You will be responsible for payment of all Taxes mentioned in the invoice against Your availed Services. You shall indemnify Eocean for and against all claims by tax authorities in this regard and shall indemnify Eocean for all losses, penalties and costs arising thereof.
6.4 If a fixed price has been expressly agreed in the Agreement for Service, We are only entitled to change the agreed fixed price(s) after mutual Agreement with You.
6.5 Not withstanding clause 6.4, We are in every instance entitled to change our pricing, following from changes to Applicable Law, from an increase in the purchase price of messages and/or from pricing model changes/ effected by Operators. We shall inform the You in advance of such price increases as soon as reasonably possible.
6.6 If a Service is provided on a post payment basis, We shall issue invoice at the end of such corresponding calendar month for total amount of fees due for Traffic submitted during that month. The invoice is due and payable within fifteen (15) days of the invoice date unless the Agreement explicitly contains different payment terms.
6.7 In case where Bank fee occurs, You are responsible for payment of such fees imposed by Your bank, any intermediate bank and our bank. The net amount received by Us shall correspond to the amount invoiced.
6.8 Our acceptance of any partial payment of an invoice will not waive our right to claim any further payment for that portion of the invoice not paid by You.
6.9 We are entitled to suspend or cancel Your service account in the event that Your account is inactive for 365 days and/or invoice are not paid by the due date. Suspension or cancellation may result in Personal Data or other content being lost or deleted, and We shall not be liable for any such loss or deletion resulting from account suspension or cancellation.
8. Confidentiality and Data Protection
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10.1 We cannot guarantee, represent or warrant that Your use of our Services will be uninterrupted, timely, secure or error-free.
10.2 We will not be responsible for any Service failures or faults which occur, or losses suffered by You, as a result of a breach by You of the provisions of this Agreement, including but not limited to Your obligations in Section 4.
10.3 You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and all products and Services delivered to You through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality or fitness for a particular purpose.
10.4 You represent and warrant that You have full knowledge of and fully comply with all local requirements applicable to the use of the service in the jurisdictions where You operate.
10.5 You represent and warrant that You will be solely responsible for any legal liability arising out of or relating to the Traffic and Services (whether transmitted on Your own or on any Third Party’s behalf).
10.5 You shall indemnify and hold harmless Eocean, its affiliates and their respective officers, directors, agents and employees, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Eocean by any third party due to, arising out of or in connection with Your use of the Services.
11.1 We are not bound to meet any obligation under the Agreement if it is prevented from doing so as a consequence of force majeure. The term ‘force majeure’ is used in this context to include but is not limited to: government interventions, acts of God, strikes, acts of terrorism or threat thereof, interruption of operations, energy disruptions, interruptions in telecommunications facilities of Operators and third parties, failure or late compliance by our ancillary suppliers of or other third parties engaged by us, as well as every other circumstance that we could not reasonably have avoided or prevented, which creates an obstacle to the normal performance of the Agreement.
15. Changes and Modifications
15.1 We reserve the right to unilaterally change or modify any of the terms and conditions contained in this Agreement. We will make reasonable efforts to notify Customer of such changes, which may include posting an announcement on the website or via email. Your continued use of the Service following our posting or notice of the change(s) will constitute Your acceptance of such change(s).
16. Governing Laws and Dispute Resolution
In the event that messaging Services are a part of the Service provided to You under the Agreement, the following conditions apply:
You are responsible for the content of all messages sent by You and guarantee that these comply with Applicable Law.
B. Additional Terms and Conditions WhatsApp Business Solution