Sms Agreement

(b) Unless expressly stated otherwise by prior agreement, MMDSmart calculates all SMS sent by the Customer to the MMDSmart Platform and the Customer will pay for all SMS sent to the MMDSmart Platform. 10. Our liability Our liability for losses you incur if we breach this agreement is strictly limited to the price you pay for the use of the SMS Works service during the conclusion of the contract. The lack of full international interoperability of SMS is due to the way the GSM world is connected to each other: each operator must set up SMS interworking with all other mobile operators, which means that international SMS can only be transferred from one operator to another if there is a bilateral roaming agreement. The terms of this Agreement apply in addition to other agreements that apply to and do not replace your accounts with us. 7.8 MMDSmart may charge the sums due by the Customer under the agreement or other agreement that the Customer has with MMDSmart or one of its related companies. Sms-Hubbing enables broad international SMS coverage for mobile operators (“customer operators”) by connecting to independent hubs that have multiple agreements with other operators and can thus transmit messages on behalf of the customer`s operators. Dispute Resolution: in the event of any dispute, claim or controversy between you and us or between you and Stodge, LLC d/b/a Postscript or any other third party acting on our behalf to transfer mobile messages under the Program arising out of or related to legal claims at the federal or national level, Claims under the Common Law, this Agreement or its breach, termination, application, interpretation or validity, including the determination of the extent or applicability of this Agreement to arbitration, such disputes, claims or controversies, shall be determined, if permitted by law, by arbitration at Poole, United Kingdom, before an arbitrator. 15.2 Global Agreement. These Terms and Conditions, together with the MSA and all annexes/appendices/amendments attached to the MSA, constitute the entire agreement and understanding between the parties regarding the subject matter of the Contract and supersede all other agreements, proposals, statements, sales documents and assurances, presented orally or in writing. No oral or written information or advice from MMDSmart, its representatives or collaborators gives the guarantee or in any way increases the scope of the guarantees contained in the agreement. 19. Global Agreement These General Terms and Conditions of Sale and all documents to which it explicitly refers represent the entire agreement between us with respect to the subject matter of the contract and supersede all prior agreements, understandings or understandings between us, whether orally or in writing.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Unless otherwise provided, the arbitrator shall apply the substantive laws of the federal judicial circuit in which firepush ltd applies. it did not take into account its conflict-of-laws rules. Within ten (10) calendar days of the date of delivery by the arbitral tribunal to a party, the parties shall jointly select an arbitrator with at least five years of experience in the matter and with knowledge and experience of the subject matter of the dispute. . . .