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Terms and Conditions

Bluetor Communications Pvt Ltd END USER LICENSE AGREEMENT?FOR Email SERVICES This End User License Agreement ("License") is an agreement between you and Bluetor Communications Pvt Ltd. This License governs your use of this application and abides by Government mandatory guidelines as mentioned below. By using the Application, you consent to be bound by this License and Government mandatory directives. If you do not agree to all of the terms of this License, then do not use the Application. IF YOU USE THE APPLICATION, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do not agree to any portion of this License, do not use the Application. Agreement between You(Second Party) and Bluetor Communications Pvt Ltd (First Party) Whereas the second party intending to obtain telecom resources for the purposes of sending Transactional Message has approached the “First Party”; And whereas the second party having represented to the first party that it intends to send Transactional Message to the person with whom it has certain transactions and such Transactional Message does not fall within the definition of promotional message as defined under the Telecom Commercial Communications Customer Preference Regulations, 2010 (6 of 2010) (hereinafter referred to as the regulations) and has requested for allotment of telecom resources for the said purpose. Now the present agreement witnesses as follows: - (1) The Second Party agrees that it will broadcast only relevant transactional messages to its customers or subscribers on purely transactional and not promotional and not be spam in nature. (2) The second party has agreed to obtain telecom resources from the “First Party” for the purposes of sending transactional message. (3) The second party shall be responsible in case of any misuse of telecom resources allotted to it for sending Transactional Message. (4) The second party shall maintain complete confidentiality of the customer information. (5) The second party has agreed not to send any unsolicited commercial communication and not to mix any promotional communications with its Transactional Message sent to a subscriber through telecom resource allotted to it for the purposes of sending Transactional Message. (6) The second party shall use alpha-numeric identifier for sending Transactional SMS in the format having nine alpha numeric characters, first alpha numeric character being code of Access provider and the second alpha numeric character being code of service area, as provided under the direction dated 10th December, 2008 issued by TRAI. The third alpha numeric character will be dash(-) and the last six characters will be the identifier of the company or organization sending transactional SMS (example XY-ZZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, and ZZZZZZ indicates six alphabets for company or organization sending transactional SMS). (7) The second party has agreed not to make unsolicited commercial communications to any subscriber whose telephone number appears on the National Customer Preference Register, except for sending Transactional Message. (8) The Second Party will be solely liable for content provided / submitted to the First Party servers to be made available and/or to deliver to the end users or subscribers designated by the Second Party and will ensure that the information passed on to its customers by using the First Paty service platform do not violate any prevailing DOT/ TRAI rules or Judicial laws. The Second Party shall be solely responsible for any NDNC violations/complaints/fines /justifications/ Penalties imposed on account of NDNC / NCPR complaints by the operator (Access Service Provider) / recipients as per the TRAI norms and notifications for the Services rendered by the First Party to second party under this arrangement. The Second Party will obtain prior permission from the subscribers explicitly and keep record of any such permissions. (9) If the second party makes any unsolicited commercial communication, through the telecom resources allotted to it by the first party for sending Transactional Message, to any subscriber whose telephone number appears in the National Customer Preference Register, the second party agrees that- (a) on the issue of first notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees Twenty Five Thousand only (Rs. 25000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (b) on the issue of the second notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees Seventy Five Thousand only (Rs. 75000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (c) on the issue of the third notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees Eighty Thousand only (Rs. 80000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (d) on the issue of the fourth notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees One Lac Twenty Thousand only (Rs. 1,20,000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (e) on the issue of the fifth notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees One Lac Fifty Thousand only (Rs. 1,50,000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (f) on the issue of the sixth notice by the First Party on getting information by the Access Provider for violation by the second party for sending such unsolicited commercial communication, a sum of rupees Two Lac Fifty Thousand only (Rs. 2,50,000/-) shall be paid by the second party to the First Party and deposited in the account as may be specified by TRAI, from time to time; (10) The second party has agreed that in case the second party fails to pay or deposit the violation penalties to the First Party as under clause (9) of this Agreement or for any other reason, the telecom resources allotted to the second party for the purposes of sending Transactional Message shall be disconnected and the name of second party shall be intimated to the Access Provider to the agency maintaining the National Telemarketer Register for entering the name of the second party in the black list and the name of second party shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration and assignment of the second party shall be cancelled and future not entertained by the service Providers, all Access service providers as per TRAI under the provisions of the regulations. (11) The second party has agreed that in case of issue of sixth notice for sending unsolicited commercial communication as provided under clause 9(f) of this Agreement, without prejudice to the amount paid to the First Party under clause 9(f), the telecom resources allotted to the second party shall be disconnected without any further notice or on receipt of instructions for disconnection of telecom resources from NTR. (12) The second party has agreed that the telecom resources allotted to the second party shall be disconnected without any further notice on receipt of the instruction for disconnection of telecom resources from NTR. (13) The second party has agreed to pay the charges as provided in the regulations in case the second party sends telemarketing SMSs and/ or mixes telemarketing or promotional SMSs with the transactional SMS. (14) The second party has agreed to abide by regulations, orders and directions issued by the Telecom Regulatory Authority of India regarding Transactional Message, from time to time, including the header to be used for sending transactional SMSes.

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