{"id":11067,"date":"2017-10-17T12:54:38","date_gmt":"2017-10-17T10:54:38","guid":{"rendered":"https:\/\/www.sms77.io\/company\/conditions"},"modified":"2024-06-13T13:24:39","modified_gmt":"2024-06-13T11:24:39","slug":"terms","status":"publish","type":"page","link":"https:\/\/www.seven.io\/en\/company\/terms\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"

Subject of the terms and conditions<\/h4>\n

seven.io, a service offer of seven communications GmbH & Co. KG, is a telecommunication provider for mobile short messages with its own gateway for the national and international delivery of mobile short messages such as SMS, automated phone calls (voice) and other telecommunication services. The Customer intends to use this Gateway to send messages for its own use or to provide its own customers, in its own name and for its own account, with services for mobile messages.
\nseven.io is commissioned by the customer to carry out the technical operation of the gateway. The services offered by seven.io are aimed exclusively at traders. By concluding the contract, the customer assures that he is a trader and that the short messages are sent as part of his business.
\nFor the use of the services of seven.io the following general terms and conditions apply in their respective version and valid at the time of conclusion of the contract performance descriptions and price lists or their subsequent changes, as far as the customer has not expressly contradicted. Performance descriptions and price lists are available on seven.io. Deviating terms and conditions of the customer do not apply, even if seven.io does not expressly contradict them. Verbal side agreements must be confirmed in writing by seven.io in order to be valid.<\/p>\n

\u00a71 Conclusion<\/h4>\n
    \n
  1. The Telecommunication Service Agreement between seven.io and the customer is concluded on the basis of the customer’s registration on the Internet via the website www.seven.io on the designated registration page, by telephone or by email and the subsequent activation of the SMS tariffs.
    \nThe presentation of the service on the website does not constitute a binding offer to conclude a contract. The registration of the customer represents a request of the customer, which can only be submitted and transmitted, if the customer has read and accepted these terms and conditions. The receipt of this application will be confirmed immediately by seven.io to the specified email address.<\/li>\n
  2. Due to legal regulations, seven.io is obliged to maintain a customer register in which the company name, customer name, address, email, telephone number as well as the beginning and end of the contract are stored. seven.io reserves the right to request proofs from the customer about the correctness of his information, for example a commercial register exract or a business registration.<\/li>\n
  3. seven.io is not obliged to accept an application for conclusion of a contract, in particular if the applicant provides false information or if there is a reasonable suspicion that the customer intends to misuse the services.<\/li>\n<\/ol>\n

    \u00a72 Scope of service<\/h4>\n
      \n
    1. seven.io enables the customer to use the gateway to send and receive mobile short messages within the existing technical and operational possibilities.<\/li>\n
    2. The gateway can be called via the Internet and especially via the “Hypertext Transfer Protocol” (HTTP). For the connection to the gateway, the customer receives an interface description and the necessary access data from seven.io.<\/li>\n
    3. seven.io allows the contracting party to send with one account a maximum of 10 SMS per second at the same time. seven.io endeavors to ensure the immediate transmission of mobile messages and provides the customer with sufficient bandwidth for this.<\/li>\n
    4. seven.io ensures the operation of its technical infrastructure 365 days a year, 24 hours a day with an annual average availability of 99.9%. This doesn’t include failures due to maintenance work, that are previously announced by e-mail, and technical malfunctions that are outside seven.io’s sphere of responsibility and that may affect the quality of mobile services in the reception and transmission area of the used mobile network at certain times and locations. These can be amongst other things:\n
        \n
      1. due to official orders or judicial decisions,<\/li>\n
      2. for technical reasons, in particular due to radio-technical, atmospheric or geographical circumstances,<\/li>\n
      3. due to measures that are also in the interest of the customer, such as maintenance and repair work,<\/li>\n
      4. in emergencies and disasters or<\/li>\n
      5. in other cases of force majeure.<\/li>\n<\/ol>\n

        seven.io will make every reasonable effort to eliminate such impairment as quickly as possible or to work towards its fastest possible removal. seven.io can not guarantee that the service will be available at all times. The customer is aware that there is no guarantee for the delivery of messages in the world wide web as well as in data radio. Such a guarantee is also not taken by seven.io.<\/li>\n

      6. seven.io will carry out maintenance and other technical changes, e.g. at the interface, if possible without any harm to the customer. Should a restriction be unavoidable, seven.io will inform the customer as soon as possible on the status page<\/a>.<\/li>\n
      7. seven.io offers its customers support by email, as far as technical matters of the service provided by seven.io are concerned. seven.io can not and will not clarify any technical issues, that aren’t related to the system of seven.io, but rather are the responsibility of the customer or a third party.<\/li>\n
      8. Free additional services, which were not contractually agreed, will not be the subject of the owed service and can be stopped by seven.io at any time. There is no availability guarantee.<\/li>\n
      9. seven.io transfers the delivered mobile messages to the respective network operators. The customer is not entitled to any particular form, way and manner of the transfer to the network operators or receiving devices. seven.io reserves the right to send short messages also via foreign network operators.<\/li>\n
      10. seven.io reserves the right to extend services, modify them and make improvements, in particular, if this is for technical development, necessary to prevent misuse or if seven.io is required by law to do so.<\/li>\n<\/ol>\n

        \u00a73 Obligations of the customer<\/h4>\n
          \n
        1. seven.io provides the customer exclusively with a technical connection for transfer mobile messages. The customer is solely responsible for the operation, marketing and permissibility of the operated services using seven.io’s gateway.<\/li>\n
        2. The customer assures not to forward any messages to the Gateway or any other seven.io applications that violates any laws or rights of third parties. The transfer of messages with the following content or messages referring to such content is prohibited:
          \nSMS containing illegal, punishable, harassing, defamatory, discriminatory, threatening, vulgar, obscene, pester (\u00a7238 StGB), unauthorized or otherwise punishable content, messages that are likely to damage the image and reputation of seven.io.<\/li>\n
        3. The use of seven.io to send unwanted messages, e.g. unwanted advertising via SMS (spam) is not permitted. The customer assures that he will not send messages to subscribers who haven’t agreed to receive such messages. seven.io reserves the right to take the necessary legal measures in case of an infringement.
          \nIt is forbidden to use value-added numbers both in messages and as the sender. The service “0800” is excluded from this.<\/li>\n
        4. The customer must observe the national and international copyright, patent, name and trademark rights as well as other industrial property rights and personal rights of third parties.<\/li>\n
        5. If seven.io is claimed for breach of the above conditions, the customer agrees to exempt seven.io from all third party claims.<\/li>\n
        6. The customer must keep the access data communicated to him with utmost care and to exclude a misuse of these. The customer acknowledges that he is responsible for the contractual use of seven.io. The customer is liable for all damages in connection with the passing on of the access data. The customer must immediately notify seven.io of the loss, theft or unauthorized use of the access data so that access can be blocked.<\/li>\n
        7. For the use of the gateway and possibly other applications \/ features of seven.io a registration is mandatory. The user is responsible for the accuracy of his personal information and must keep it up to date during the contract period. Changes to the personal data can be made at any time in the personal customer area, which can be reached via seven.io by logging in with individual access data. An exchange of the contracting party requires the written consent (for example by email) through seven.io.<\/li>\n<\/ol>\n

          \u00a74 Prices and payment terms<\/h4>\n
            \n
          1. \n
              \n
            1. Prerequisite to send messages is that there is a credit balance on the account (advance payment obligation of the customer). Unless otherwise agreed, chargeable services will only be provided until full consumption of the credit balance.<\/li>\n
            2. The amount of the costs of the services provided by seven.io can be viewed on the seven.io website at any time after entering the access data in the personal area of \u200b\u200bthe customer. The information about the credit balance can for technical reasons deviate from the actual existing status and does not justify any independent claim of the customer for services in the corresponding amount. The prices stated in the public area of \u200b\u200bthe seven.io website apply exclusively to new contracts and are for informational purposes only. For the use of the services, the fees valid at the time of conclusion of the contract shall be decisive or subsequently agreed changes in charges.<\/li>\n
            3. Unless otherwise agreed, the customer will be invoiced for the current prices \/ tariffs at the time of his registration, which are mentioned in the public area of \u200b\u200bseven.io’s website.<\/li>\n
            4. All prices exclude the applicable value added tax.<\/li>\n
            5. All prices may be changed within 24 hours of written notice by email to the address given by the customer.<\/li>\n
            6. Upon completion of the contract, seven.io will create a credit account for the customer which will record all outputs (e.g., for mobile messages sent) and all inputs (e.g., account top up). The customer can view this account at any time after entering the access data in the personal customer area on the website of seven.io.<\/li>\n
            7. The customer can always top up the account managed by seven.io by bank transfer in order to use the mobile message services. The account will be kept net, the respective VAT will be deducted directly at top up and the remaining amount will be credited to the account. Other ways of payment (such as PayPal) may be canceled by seven.io at any time and without giving any reason or charged according to the current price list.<\/li>\n
            8. Notwithstanding \u00a74 1. there is the possibility of payment on account (postpaid) on request under the following conditions:\n
                \n
              1. The credit account can be exceeded up to a predetermined and individually agreed limit (credit line) and thus become negative.<\/li>\n
              2. The credit line is only reset when the unpaid bills are received.<\/li>\n
              3. On the first day of each month the customer receives an invoice for the message volume and the use of all seven.io services for the previous month.<\/li>\n
              4. The payment term of the invoice is 7 days. If the customer defaults on payment of an invoice, seven.io reserves the right to revoke the agreement for payment on account immediately.<\/li>\n<\/ol>\n<\/li>\n
              5. An invoice for the top up of the seven.io account by bank transfer, direct debit, Paypal, crypto currencies or credit card is created stating the customer number, the charging date and the respective top-up amount and made available to the customer in his personal customer area. The customer has the opportunity to receive the invoice in paper form for a fee according to the price list.<\/li>\n
              6. It may take up to 5 business days after payment until the top up appears on the customer’s account.<\/li>\n
              7. If the customer chooses the SEPA direct debit option for top up, he grants seven.io a direct debit authorization and instructs his bank to redeem these recurring direct debits. Amount and debit date will be communicated to the customer by email with a lead time of at least two working days before debiting. If the customer and the account holder are not identical, the customer is obliged to forward this information to the account holder.
                \nThe customer may object to such a direct debit up to eight weeks after the debit date. In case of unfounded opposition the following applies:<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
                  \n
                1. The customer undertakes, in addition to the invoice amount, to bear the processing costs for the return debit note as well as the delay damage amounting to a flat rate of 12, – Euro plus value added tax.<\/li>\n
                2. The customer irrevocably authorizes the bank providing the account to inform seven.io of the full name and address of the account holder in order to assert the claim.<\/li>\n
                3. The user agrees that his account data will be entered in a blacklist database and the lock will be transmitted to other companies affiliated to the database. After completion of the claim, the entry will be deleted immediately.<\/li>\n
                4. If due to the return debit notes, for that the customer is responsible, or a reversal of direct debit charges at the request of the customer a negative balance is created on his account, the customer must settle this immediately.<\/li>\n<\/ol>\n