By accepting the service subscription and creating an Account to use the GLOSMS4EVER
SERVICES , you will be deemed to have accepted this Agreement and will be referred
to as a customer.
1. These General Terms and Conditions (and the Pay Monthly Terms and Conditions,
and the Content Terms and Conditions, where applicable) and the Price List apply
to GLOSMS4EVER SERVICES, whether for a specified fee or incorporated into other
Charges. The current valid and binding version of the Agreement at any given time
shall apply unless terminated under the terms of this Agreement and shall be published
by us on this website.
2. We provide the Services using a combination of Globacom’s infrastructure and
the Network in Nigeria. You acknowledge that Services provided under the Agreement
are subject to arrangements that are in the control of other networks and their
operators, including the Network, that are outside of the control of Globacom.
3. GLOSMS4EVER makes the services available subject to the credit available in your
Account. Your pre-payments for Top Ups are not repayable by us, nor is any interest
payable on any credit you may have with us. Every time a chargeable Service is used
by you, the value you have added to the Account via Top Ups is reduced with reference
to the relevant Charges and Price Lists.
4. GLOSMS4EVER neither represents nor warrants that the Products themselves nor
the operation of the Services (or related products or services, including those
of third parties) will be uninterrupted, timely, secure or error-free or that it
will meet your specific requirements, even if those requirements have been notified
to GLOSMS4EVER in advance.
5. The quality and availability of the Services or Products are subject to certain
limitations and circumstances beyond our reasonable control including, but not limited
to, physical, geographic and atmospheric conditions and the functional capability
of services and products as supplied to GLOSMS4EVER.
6. The availability and maintenance of the Network varies depending on location.
The quality and coverage of the Services depends in whole or in part on your Mobile
Phone, the Products, the Network, and the other telecommunications networks or Services
to which you are connected to via the Network.
7. Subject to this Agreement, GLOSMS4EVER shall exercise such reasonable skill and
care in the provision of the Service as may be expected of a reasonable mobile Value
Added Service provider and GLOSMS4EVER further warrants that the Products will be
of satisfactory quality, will conform in all respects with their description, and
will be free from errors.
8. We may, from time to time and without notice, make changes to the Service in
order to comply with applicable safety, regulatory or statutory requirements, provided
that such changes do not materially affect the nature or scope of the Services..
9. We may modify or suspend the Services, wholly or partially, without notice where
such modification or suspension is deemed necessary by us (e.g. for maintenance,
upgrading, security, emergency or other valid reasons) or by an authorised authority.
All reasonable efforts shall be made to minimise such Service disruptions, however,
some interruption may be inevitable. We will notify you where and as soon as it
is practicable to do so.
10. We always display or disclose the Customer’s telephone number where we are obliged
to do so by law.
11. For GLOSMS4EVER services, a standard text message is 160 characters long. Some
Handsets permit you to send a SMS that is longer than the standard size. Where this
is the case, the message will be divided up by us into the required number of texts
required to convey your full SMS message.
12. Forwarding of these SMS to our short code will not be charged at the standard
13. Subscription renewals will be carried out automatically, until and unless you
opt out of the service by sending in the relevant codes or through the web portal.
14. You shall treat as confidential, and store in a safe place, all of your security
information including your ONE TIME CODE and any other codes and passwords used
to access the Services or to communicate with us. You shall not give access to your
security information to anyone else. GLOSMS4EVER shall not be liable for any loss
arising from your failure to keep such information secure.
15. You are responsible for the acts and omissions of any and all persons using
the Services and Products through your account. Without prejudice to any provision
of the Agreement, you as our Customer agree that you:
- • are wholly responsible for the content of the use of the Service, and we are not
responsible or liable for any message content or other communication sent or received
by you or any other person using your Account (including content which contains
a virus or other harmful or unlawful material);
- • will not use or permit the
use of the Services or the Products for any improper, indecent, immoral, obscene,
unlawful, harassing, harmful, unauthorised, defamatory, offensive and/or fraudulent
purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited
commercial messages to any person;
- • will not use or permit any use of the Services
or Products, so as to cause the operation of the Network or the quality of Services
to be jeopardised, impaired or interrupted or to interfere with the integrity or
security of any telecommunications or IT network or system, nor to misuse and/or
abuse the Services and/or the Network;
• will comply with the Agreement and any User Guide(s) governing your use of the
Products and/or Services, and will remain solely responsible for the manner in which
these are used;
- • will comply with the terms of any legislation or any licence
applicable to you as the Customer or us, including all relevant codes of practice
as may be issued from time to time by the Government, a regulator or other competent
authority;as regards the use of the Services and in relation to the investigation
of any offences;
16. You will co-operate with all reasonable requests made by us relating to the
provision of the Services to you.
17. If you continue to use the Services after an amendment to the Charges comes
into effect, this shall be deemed to be your acceptance of the new Charges.
18. In the event that you owe us any money and this is not paid when due, or a credit
is made in error to your account, we reserve the right to recover this from any
credit balance on your Account as held by us, or via subsequent credit added to
19. Except as otherwise provided in this Agreement all conditions, warranties or
other terms (whether express or implied by operation of law or otherwise) are hereby
excluded to the extent permitted by law. You also recognise that the Service may,
from time to time, be adversely affected by events outside our control, including,
without limitation, congestion, network coverage, dropped connections, the performance
of wireless enabled devices and the maintenance of a secure network connection.
20. If our supply of the Services and Products is prevented or delayed by any act
or omission caused by you or any third party, GLOSMS4EVER shall not be liable for
any costs, Charges or losses sustained or incurred by you arising directly or indirectly
from any such prevention or delay. In any event GLOSMS4EVER’s liability to you under
this Agreement shall not exceed NGN100.00 in all circumstances.
21. We are not liable for any loss of use, profits or data or any indirect, special
or consequential damages or losses, whether such losses or damages arise in contract,
negligence or tort, including without limitation to any losses in relation to:
i. the deletion, with or without notice or cause, of any of your data or information
stored on the Products and/or Services;
ii. your use of, reliance upon or inability to use, our Products, Services and/or
iii. any loss of your data or material resulting from delays, non-deliveries, missed
deliveries, service interruptions or failure, suspension or withdrawal of all or
part of the Products and/or Services at any time; or
iv. the removal from the Products and/or Services of any material sent or posted
by you on or via the Services and/or the blocking or suspension of your access to
the Services or any part thereof in accordance with the Agreement.
22. Nothing in these terms shall act to exclude or limit our liability for death
or personal injury, fraud or any other liability which may not by applicable law
be excluded or limited. Nothing in these terms affects the statutory rights of you
as a consumer (if applicable).
23. If you are not fully satisfied with any part of the Services, Products and/or
this Agreement after it is amended, your sole and exclusive remedy is to discontinue
Using the Services, or where you have paid us for any element of the Services and/or
Products, to seek a pro-rata refund as outlined in the Agreement for the cost of
that element which has caused dissatisfaction. You are not entitled to a refund
where we have suspended or terminated your access to the Services or Products as
a result of breach of the Agreement by you.
24. Any and all names, trademarks, copyright, brands and logos of GLOSMS4EVR belong
or are licensed to us as Intellectual Property (“IP”) and shall remain with us at
all times, along with any related title and goodwill attached to them. You may not
copy names, trademark, pictures, brands and logos, or copy any of GLOSMS4EVER manuals
25. GLOSMS4EVER grants you as a Customer a revocable, non-transferable and non-exclusive
right to use the IP related to the Products and Services provided by GLOSMS4EVER
strictly for the proper use of the Services or Products, in accordance with, and
for the duration of, the Agreement. GLOSMS4EVER or its licensors retain all the
rights to all such IP. If you infringe the IP rights of third parties and GLOSMS4EVER
is held liable, you shall hold harmless and indemnify GLOSMS4EVER in full against
any such claims.
26. Your personal data includes, but is not limited to, the following information
which is provided by you directly and via your use of the Products and Services:
Any personal details supplied to Register for your SMS4EVER services; Information
supplied by you on activating your account; your Mobile number; the telephone numbers
you send SMS to; the numbers from which you receive such messages; network and traffic
data including the type, date, time, location, duration and cost of messages or
other communications and information.
27. Please note that we shall always promptly comply with any valid notice under
the relevant legislation requiring us to supply your personal data to public authorities.
28. GLOSMS4EVER may process your data and will do so with care and in compliance
with the Data Protection Act 1998. The storing, processing and forwarding of personal
data abroad may be subject to other legislation than that applicable in Nigeria.
29. Your personal data may be used by GLOSMS4EVER, and affiliate companies or carefully
selected third parties for the following general business-related purposes:
i. Contacting you by SMS, email or other means from time to time in connection with
the provision or promotion of services;
ii. Processing your applications and orders, and supplying and managing any Services
and/or Products provided by us;
iii. Managing your account by responding to any of your enquiries and providing
iv. Monitoring and maintaining the quality and security of the Network; Products;
v. Protecting us, our assets, including any IP rights and our brand, our employees
and other customers from activities that might cause loss or damage including fraud;
30. We do not include your personal data in any directory or directory enquiry service
whether managed by us or a third party, unless you agree to its inclusion.
31. We reserve the right to change any and all terms and conditions of the Agreement
at any time without notice, where such changes are in favour of you as a Customer.
32. We are entitled to transfer this Agreement to another communications provider
or person capable of providing equivalent Services to you at any time without notice
33. The service currently entitles you to the following:
• Free subscription - During Promotion term (01st Mar – 31sr Mar 2012)
• Monthly Allocation – 60 SMS’s or 30 calendar days whichever is earlier
• Monthly charges – Naira 100
• SMS rate – Zero charge for SMS in and out