Sign up for free!

PRIVATE

COMPANY

GENERAL CONDITIONS OF SERVICE "SMSTREND"
The present General Conditions of Service regulate the agreement
between One-etere S.r.l., located in Bolzano (Italy), via Siemens 19,
VAT ID IT01843020221, e-mail address info@one-etere.com (hereafter
"One-etere S.r.l."), and the Customer as subscriber of the contract
(hereafter "Customer/s").
One-etere S.r.l. offers the service "SMStrend" (hereafter "Service/s")
for sending SMS (Short Message Service) messages through its own
gateway SMS, at the following conditions:
1 - Subject of the Service and conclusion of agreements These General
Conditions of Service regulate the supply to customers of the services
offered by One-etere S.r.l. The agreements between One-etere S.r.l. and
the Customer in regard to the individual Services are considered
concluded at the time One-etere S.r.l. receives payment of the same
Services, according to the tariffs indicated on the website
www.smstrend.net. 2 - Term of the Service
These General Conditions of Service have an indefinite term, unlike the
agreements for individual Services.
3 - Supply of the Service
One-etere sells SMS packets to the Customer. The Customer undertakes to
purchase them, in order to use the Service.
The SMS packet purchased by the Customer will be progressively consumed
by sending SMS messages. The Customer can resell the purchased SMS to
its Clients.
SMS Gold are high reliability messages sent through direct connection
with mobile telecommunication operators. The actual delivery of these
messages can be controlled by the delivery receipt. SMS Silver are text
messages sent through foreign gateways which don't support the delivery
notification. Therefore, the actual delivery of these messages can not
be controlled and guaranteed. In case of interruption of the SMS Silver
provision by the foreign operators, One-etere S.r.l. undertakes, if
requested by the Customer, to convert the SMS Silver credit into SMS
Gold credit, reduced by the quantity already consumed by the Customer
and according to the price difference between SMS Gold and SMS Silver.
4 - User ID and Password In the course of completing the Service
registration procedures, the Customer undertakes to provide his/her
personal data accurately and truthfully. The Customer also promises to
inform One-etere S.r.l. promptly of any change in the personal data
whenever they are communicated. If the Customer communicates inexact or
incomplete data, One-etere S.r.l. reserves the right not to activate
and/or suspend the service until the Customer rectifies these errors.
One-etere S.r.l. reserves this right even in the case where the
competent bodies (e.g. banks or credit card holders) contest the
payments made by the Customer. Upon the first request for activation of
a Service by the Customer, One-etere S.r.l. will assign him/her a User
ID and Password. The Customer recognizes that these User ID's and
Passwords constitute the system for validation of Customer access to
the Services. The Parties recognize and agree that these User ID's and
Passwords constitute the only adequate means for identifying the
Customer when he/she accesses the Services. Therefore, the Customer
agrees that all acts performed through use of the aforementioned User
ID and Password shall be attributed to him/her and shall be binding on
him/her. The Customer recognizes that he/she has sole and exclusive
responsibility for the acts performed through use of his/her User ID
and Password, and promises to keep them secret, safeguard them with due
care and diligence, and not to provide them to others, even on a
temporary basis. In any event, the Customer accepts that the
information system and/or online system records compiled by One-etere
S.r.l. and/or its suppliers, can be presented and used against him/her
for investigative purposes before any competent Authority pursuant to
and in accordance with these General Conditions of Service and that, in
particular, the parties may establish appropriate civil evidence on
this basis regarding the existence of relationships and/or acts that
might be challenged. 5 - Request for Services on behalf of others If a
request is made on behalf of others (end customers) by the Customer
(or, for the purposes of this article, the Reseller) who offers, even
for free, One-etere services, the Customer he/she/itself shall comply
with the following conditions:
a) the Reseller undertakes to approve and enforce compliance by its end
customers of the obligations envisaged in these General Conditions of
Service and in the Service Order relative to the requested service, as
well the anti-spamming policy. Furthermore, the Reseller undertakes to
disclose to and enforce compliance by the end customer with the
obligations envisaged in Article 7 of this agreement. Nevertheless, the
Reseller remains exclusively liable vis-à-vis One-etere S.r.l. for the
consequences envisaged in Article 7, with the Reseller bearing the
burden of any recoupment from the end customer.
b) The Reseller hereby undertakes and warrants that the end customers
will enter into an appropriate agreement in relation to each Order. The
Customer hereby represents and warrants that the Orders will not
violate the rights of third parties.
c) The Reseller undertakes to update both its own data and those of its
end customers, promptly notifying One-etere S.r.l. of any possible
update.
d) The Reseller undertakes to guarantee compliance with privacy laws,
including the data to be communicated to the third parties.
e) The Reseller undertakes to send to its own customer every service
notice that One-etere S.r.l. decides to communicate. The Reseller shall
be directly liable towards the end customer and to One-etere S.r.l. if
it fails to send the information envisaged at this point. The Reseller
warrants that the purchases made on behalf of others who are end
customers or, regardless, all the activities performed by the Reseller
on behalf of the end customers shall be performed solely and
exclusively after the end customer has granted a mandate for the
purchase of the service. The Reseller shall be exclusively responsible,
and in this sense promises to indemnify One-etere S.r.l., for any
consequence deriving from the purchase of services and/or products of
One-etere S.r.l. not
authorized by the end customer.
The Reseller assumes full responsibility for the Orders sent to
One-etere S.r.l. and undertakes to indemnify and hold harmless
One-etere S.r.l., and the assistants of One-etere S.r.l. against any
third-party claim regarding and in any way connected with performance
of the Agreement and/or violation by the Reseller or User of the
obligations, representations, and warranties envisaged in this
agreement. 6 - Amendments to the General Conditions of Service
One-etere S.r.l. reserves the right to amend these General Conditions
of Service, without changing typology and quality of the Service
provided. The Customer agrees that this notice can also be served
through General Notices to Users published on the site of One-etere
S.r.l. In the event of amendments that result in a significant
reduction in the services provided, the Customer will have the right to
withdraw from a Service Order or the General Conditions of Service
applicable at that time by sending the relative notice to One-etere
S.r.l. If said deadline expires without response, the amendments shall
be considered accepted by the Customer and fully binding on him/her.
One-etere can suspend the Service, all or part of it, at any moment, in
case of problems to the network or to the infrastructures providing the
Service, and depending to events due to the acts of others (such as,
for example, the interruption or malfunction of the services of
telecommunication operators, or events of force majeure, or in case of
not programmable maintenance which results technically indispensable).
7 - Correct use of the Service and Customer liability
The Customer is fully responsible of the contents inserted in the SMS
messages.
The Customer undertakes to use his/her best efforts to comply with the
provisions and commitments pursuant to this general conditions and in
order to respect, in case of services offered by One-etere S.r.l. in a
shared manner, the services quality, stability and security even with
regard of the utilization of other Customers. One-etere will use its
infrastructures only and exclusively with the aim of forwarding the SMS
messages to the mobile operators, which service is to deliver the same
SMS messages to the final users. All the data transmitted to the
One-etere servers must be considered as strictly personal to the
Customer and will not be published, sold to third parties, or managed
indirectly by One-etere S.r.l. or other companies. In the event there
will be important reasons indicating that the Customer utilization
could compromise the quality, stability and security of the services
offered in shared manner, One-etere S.r.l. is entitled to interrupt the
service supply. The Customer furthermore undertakes not to use the
Services for illegal purposes, and not to violate any applicable
national and international norms or regulations in any way. In
particular, the Customer undertakes not to send and not to have others
send content in violation of privacy, copyright and intellectual
property rights, or pornographic, blasphemous, or offensive content, or
content that can either harm or endanger the image of others or
One-etere S.r.l. in any way. The Customer also promises not to commit
acts of computer crime through his/her internet access. The Customer
warrants that he/she will not engage in spamming - i.e. the
transmission via SMS of unauthorized communications that are not
requested and/or not solicited by the recipients. One-etere S.r.l.
reminds the Customer that this practice is prohibited by D.Lgs 196/03
in protection of privacy. One-etere S.r.l. reserves the right to
suspend the Service immediately if, in its final opinion or upon report
by others, it believes that the Customer engages in activities in
violation of the obligations envisaged in this contract. The Customer
recognizes that he/she is solely and exclusively responsible for the
activities performed through the Service or directly or indirectly
attributable to him/her, and in particular that he/she is responsible
for the content and communications that are entered, published,
diffused, and transmitted on or through the Services. Therefore,
One-etere S.r.l. cannot be considered liable in any way for criminal,
civil, and administrative wrongdoing committed by the Customer through
the Service. The Customer undertakes to indemnify and, in any event,
hold One-etere S.r.l. harmless against any action, complaint, claim,
cost, or expense, including reasonable legal fees, that it might
sustain due to failure by the Customer to respect his/her assumed
obligations and the warranties offered upon acceptance of these General
Conditions of Service and, regardless, connected with use of the
Services by the Customer.
8 - Right of withdrawal A Customer who is a natural person and requests
the provision of a service for purposes not connected with his/her own
professional activity ("Consumer") will have the right to withdraw
freely from these General Conditions of Service and/or an individual
Service Order within ten business days after the conclusion of the
relative agreement, pursuant to and in accordance with Article 5.1,
Legislative Decree 185/1999. Withdrawal must be exercised in writing,
by means of a registered letter mailed with return receipt to One-etere
S.r.l., Via Siemens 19 - 39100 Bolzano. The notice may also be sent by
fax or e-mail, provided that it is confirmed within 48 hours by
registered mail with return receipt. Following withdrawal by the
Customer in accordance with the foregoing conditions and within 30 days
after the date of withdrawal, One-etere S.r.l. will credit the Customer
for the amounts that he/she might have paid.
The Customer takes note that the right of withdrawal envisaged at
Article 5 of the Legislative Decree 185/1999 cannot be exercised in
connection with the service supply agreements whose performance started
prior to the expiration of the aforementioned ten-day term or if the
Customer is not a Consumer. The Customer is always free to withdraw
from a Service Order in conformity with the conditions indicated
hereinabove. The Customer agrees that his/her withdrawal from these
General Conditions of Service will not be enforceable if a contractual
relationship involving a Service Order is pending between the Customer
and One-etere S.r.l. Therefore, if the Customer wishes to withdraw from
these General Conditions of Service, he/she must first or
simultaneously withdraw, when possible, from any Service Order that are
pending at the time notice of the withdrawal is served. 9 - Payment of
the Service
The Customer undertakes to provide anticipated payment of the Service,
according to the Economic Conditions specified on the website
www.SMStrend.net.
There are no periodic fees or activation costs or other costs not
specified. All the costs are clearly described on the website
www.SMStrend.net and refer to the purchase of SMS packets. The payment
of the Service must be done according to the following possibilities:
a. Credit Card The online payment by credit card guarantees the
immediate activation of the Service. During particular conditions
(updating or renovation of the control and security system) the
activation of the Service can be not immediate and confirmed only after
control of the transaction. The credit card number is sent directly to
the secured server of the bank, through a protected channel by means of
SSL protocol. As soon as the bank verifies the validity of the credit
card, this is communicated to the One-etere systems.
b. Money transfer
The banking details are the following:
Description: Purchase SMS packet
Company: One-etere S.r.l. Bank: Cassa Rurale di Trento Â– Via
Belenzani, 6 Â– 38100 Trento (Italy)
IBAN CODE: IT87 M083 0401 8070 0000 7313 374
ACCOUNT NR: 7313374
BIC CODE : CCRTIT2T76A
The SMS credit will be activated within 12 working hours from the
reception of the payment confirmation by fax or email. Once the payment
is executed, One-etere will send invoice to the address provided by the
Customer or could also send the invoice in electronic format to the
email address provided by the Customer, or make the invoice available
in electronic format in the reserved area accessible by the Customer.
10 - Limitations of Liability's Clause
One-etere declines any liability with respect to the contents of the
SMS messages sent by the Customer, being technically impossible to
execute a control on the contents of the SMS messages sent. 
One-etere S.r.l. undertakes to use the best technology that it is aware
of and the best resources at its disposition to provide the Service.
The Customer agrees that One-etere S.r.l. cannot be held liable in any
case for delays or malfunctions in provision of the Services depending
on events falling outside of the reasonable control of One-etere
S.r.l., such as, for example:
(i) events of force majeure;
(ii) events depending on the acts of others, such as, for example,
interruption or malfunction of the services deriving to
responsibilities of telecommunication operators and/or electric power
lines;
(iii) malfunction of the terminals or other systems of communication
used by the Customer.
If the Service is interrupted, One-etere S.r.l. undertakes to restore
the Service as quickly as possible. In any case One-etere S.r.l. shall
not be considered responsible for any direct or indirect damage
deriving form the utilization or interruption of the Services.
Additionally, due to the special structure of telematic services where
many entities are involved, no guarantees can be given with regard to
continuous service provision. The Customer also agrees that One-etere
S.r.l. may not be held liable for acts or omissions committed by the
Customer and in conflict with the obligations assumed by the latter
pursuant to these General Conditions of Service or a Service Order,
just as it cannot be held liable for malfunctions deriving from defects
in the means necessary for access, improper use thereof, and/or the
procedures for access to the service by the Customer or others.
One-etere S.r.l. cannot be held liable in any way by the Customer or
others for loss of profit, lost earnings, or any other form of loss of
anticipated profits or indirect and consequential damage connected with
performance of these General Conditions of Service or each individual
Service Order. The customer agrees that the Services may be suspended,
cancelled or transferred on request of the Authority to which the
Services are subject.
11 - Communication between the parties Except as expressly envisaged
otherwise, the Parties agree to use electronic mail to send the notices
that are required or to be served pursuant to these General Conditions
of Service and/or the individual Service Order.
12 - Express Cancellation Clause One-etere S.r.l. may cancel these
General Conditions of Service and each Service Order, pursuant to and
in accordance with Section 1456, Italian Civil Code, if the Customer
fails to comply with the provisions of Articles 4, 7, 9, and 10 of
these General Conditions of Service, without prejudice to the right of
One-etere S.r.l. to payment of the consideration accrued in its favor
at the date of cancellation and indemnification of damages.
13 - Governing Law and Court of jurisdiction This Agreement is governed
by the laws of the Republic of Italy. The Court of Bolzano shall have
exclusive jurisdiction in any controversy involving or deriving from
this Agreement or its performance. In the case of an agreement made
with a Consumer, the Court where the Customer is domiciled or resident
shall have jurisdiction.
One-etere S.r.l.
Via Siemens, 19
39100 Bolzano - Italy
VAT nr: IT01843020221
Tel: +39.0461.1920064 Fax: +39.0461.1739142
Email: info@one-etere.com
ONE-ETERE SRL PRIVACY POLICY
(Information to data subjects - Section 13 of Legislative Decree no.
196 of 30th June 2003 â€“ Personal Data Protection Code).
The Italian Legislative Decree no. 196 of 30th June 2003 (Personal Data
Protection Code) regulates the protection of persons and other
identities with respect to the processing of Personal Data and the
obligation of confidentiality. According to article 13 of Decree no.
196/2003, the purpose of this privacy policy is to explain how
One-etere Srl generally collects, stores, uses and protects the
Personal Data regarding our customers and prospects, suppliers and web
users. Please note that as regard as web users, this privacy statement
applies only to our web sites and not to any third-party sites that are
linked to from these sites.
Personal Data. Personal data shall mean any information relating to
natural or legal persons, bodies or associations that are or can be
identified, even indirectly, by reference to any other information
including a personal identification number. Sensitive data shall mean
Personal Data allowing the disclosure of racial or ethnic origin,
religious, philosophical or other beliefs, political opinions,
membership of parties, trade unions, associations or organizations of a
religious, philosophical, political or trade-unionist character, as
well as Personal Data disclosing health and sex life. Judicial data
shall mean Personal Data disclosing the measures referred to in Section
3(1), letters a) to o) and r) to u), of Presidential Decree no. 313 of
14 November 2002 concerning the criminal record office, the register of
offence-related administrative sanctions and the relevant current
charges, or the status of being either defendant or the subject of
investigations pursuant to Sections 60 and 61 of the Criminal Procedure
Code. Processing. Processing shall mean any operation, or set of
operations, carried out with or without the help of electronic or
automated means, concerning the collection, recording, organisation,
keeping, interrogation, elaboration, modification, selection,
retrieval, comparison, utilization, interconnection, blocking,
communication, dissemination, erasure and destruction of data, whether
the latter are contained or not in a database. Your Personal Data are
processed/will be processed by our company by and without electronic
means and by respecting data subjectsâ€™ rights, fundamental freedoms
and dignity, particularly with regard to confidentiality, personal
identity and the right to Personal Data protection. Data Controller.
The Data Controller is One-etere Srl, via Siemens n. 19, I - 39100
Bolzano, info@one-etere.com.
Personal Data of our customers and suppliers. Your Personal Data will
only be collected to the extent that One-etere Srl deems reasonably
necessary to serve a legitimate business purpose. One-etere Srl uses
your Personal Data to communicate with you, to deliver the services or
carry out the transactions/information you have requested. We do not
collect and/or process your sensitive and/or judicial data. Collection
of Personal Data of web users. In using our sites you may provide
certain personal data, and certain data about you may be collected by
"cookies". Cookies are temporary Internet files which are used by
One-etere Srl to enhance the use of these sites. Any information that
you provide online to our sites, for example when requesting brochures
or sending an email query, is captured and stored on our database. We
use this information to fulfil specific customer queries and requests.
Please do not send us your sensitive and/or judicial data. In addition
to using this information to fulfil specific customer queries and
requests, it also lets us keep you updated with news and promotions
concerning our company, should you opt-in to receive such information
from us. We guarantee that any information you provide to us will not
be communicated on to our selected partners or third parties agencies,
unless you permit us to do so and that we will only use your data for
the purpose(s) that you originally supplied it. We will share your
Personal Data only if we are required to do so by law, or if we believe
that doing so is necessary in order to conform to the law, cooperate
with law enforcement agencies, comply with legal process served on
One-etere Srl, or otherwise protect our companyâ€™s legal rights.
Collection and Use of Children's Personal Data: our web sites are
intended for general audiences and do not knowingly collect any
personal information from children.
Security of your Personal Data. Our company is committed to protecting
the security of your personal information. We use a variety of security
technologies and procedures to help protect your personal information
from unauthorized access, use, or disclosure. For example, we store the
personal information you provide on computer systems with limited
access, which are located in controlled facilities. Access to your
Personal Data. According to Section 7 of Legislative Decree 196/2003
(Right to Access Personal Data and Other rights) One-etere Srl will
provide you reasonable access to your personal data, without
formalities, within 10 days of your access request. Please write an
e-mail to info@one-etere.com. If we cannot provide access within the
10-days period, we will tell you when we will provide access. In the
unlike event that we cannot provide you access to this information we
will explain why we cannot do so. Changes in this privacy policy.
One-etere Srl may, from time to time, modify this privacy policy to
reflect legal, technological and other developments. In that event, the
changes will appear at this location.

	I agree with the terms and conditions of the service.
	I agree with the Privacy Policy .

PROCEED WITH REGISTRATION

Sign up now!
Free registration