The following are the terms and conditions for use of the Buzzmesms service (hereinafter referred to as the "service") by the User (hereinafter referred to as "User" or "Client").

By registering on the Buzzmesms web site, or by accessing any part of the Buzzmesms service the User is agreeing to all the terms and conditions of this service agreement, and consents to be bound by and become a party to this agreement.

Should the User not agree to all the terms and conditions of this service agreement, or cannot comply with these terms and conditions, the User should not complete the registration process.

The User agrees that all terms and conditions herewith published shall be binding and that should there be a contradiction between product-specific terms and conditions, and general terms and conditions, the product-specific terms and conditions shall apply.

The User understands that the Buzzmesms product and service is owned and run by Skyforce Corporation cc. All references herein to Buzzmesms as an entity/company/organisation shall mean "Skyforce Corporation cc".

1. The Buzzmesms Service

1.1 The service consists of a browser interface, a SMS messaging application, SMS gateway access, data transmission, data access, data storage and any other means made available from time to time to facilitate the sending of SMS messages. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the service.

1.2 Buzzmesms makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. Buzzmesms reserves the right to change or terminate the service and/or alter the terms and conditions of this agreement at any time without notice and with immediate effect. All fees paid to Buzzmesms when such termination occurs are addressed in the sections below.

1.3 Messages shall be deemed to have been sent when Buzzmesms has delivered/sent the messages to the immediate destination that Buzzmesms's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server that is deemed to be the point of dispatch of the message. Buzzmesms does not guarantee the delivery of SMS messages to cell phones on behalf of Mobile telephone networks.

1.4 Buzzmesms lays no claims to its network coverage. Although Buzzmesms focuses on providing extensive coverage, mobile networks may choose from time to time to not be part of Buzzmesms or its service providers' networks. This may result in messages not being delivered.

2. Use of the Buzzmesms Software

Subject to the terms and conditions of this service agreement and South African Law, Buzzmesms grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Buzzmesms service agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Buzzmesms products and/or services. As between the parties, the User acknowledges that Buzzmesms, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this service agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. The software is provided and applications are offered, "as is" and subject to the warranty disclaimers and limitations of liability found in this service agreement and subject to testing by the client or User prior to entering into this agreement.

3. User Account, Password, and Security

To open an account for usage of the service, the User must complete the registration process by providing Buzzmesms with current, complete and accurate information as prompted by the registration form on the Buzzmesms web site. Inaccurate details will result in suspension. The User will choose an account name and a password will be assigned. The User's password must be changed by the User by going to the relevant section on the Buzzmesms web site.

Any attempt by the User to register more than one Main Account, without having received permission from Buzzmesms, will result in the immediate suspension of the Users account, including any Sub Accounts the User may have created.

The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. Buzzmesms will not be held liable to any third party claims and or actions taken with respect to services offered.

The User agrees to notify Buzzmesms immediately of any unauthorized use of its account or any other breach of security.

4. Users Privacy

4.1 Buzzmesms reserve the right to disclose any personal information about the User or the User's Buzzmesms account if Buzzmesms, at it’s sole discretion, has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Buzzmesms; (3) enforce this service agreement or protect Buzzmesms 's business or reputation, including without limitation upon termination, cancellation or suspension of this agreement by Buzzmesms; (4) respond to requests for identification in connection with any claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others.

4.2 The User agrees that Buzzmesms may access its account, including its contents, as stated above in order to respond to service or technical issues.

4.3 The User hereby grants Buzzmesms the right to send the User communication via e-mail or SMS for advertising purposes or for any updates, upgrades, notices, or other information that Buzzmesms deems important for the User to know, relating to the service.

5. Messages and other Limitations

Buzzmesms assumes no responsibility for the deletion or failure to store information. Buzzmesms has set no fixed upper limit on the number of messages the User may send through the service apart from how many SMS credits are left in the User's account; however, Buzzmesms reserves the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of this agreement and may terminate the service if the User's conduct is found to be inconsistent with the agreement. Buzzmesms may, in the future, without prior notification, limit the amount of message storage space available to each User.

Although Buzzmesms prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "sent"

6. User Conduct

6.1 Any unauthorised commercial use of the service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the service. By way of example, and not as a limitation, the User agrees not to:

6.1.1 Use the service in connection with chain letters, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

6.1.2 Harvest or otherwise collect information about others, including email addresses, without their consent;

6.1.3 Create a false identity or forged mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

6.1.4 Transmit through the service, associate with the service or publishing with the service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

6.1.5 Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

6.1.6 Libel, defame or slander any person, or infringe upon any person's privacy rights;

6.1.7 Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

6.1.8 Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;

6.1.9 Attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means;

6.1.10 Interfere with another User's use and enjoyment of the service or another entity's use and enjoyment of similar services; or

6.1.11 Engage in any other activity that Buzzmesms believes could subject it to criminal liability or civil penalty or judgment.

7. Payment, Fees and the Users Right to Cancel

7.1 In consideration for the use of Buzzmesms's services, the User shall pay to Buzzmesms an initiation fee, annual admin fee and transaction fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. Buzzmesms may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the service and/or for casual, personal use only. During such promotions, all provisions of this agreement shall remain in full force and effect.

7.2 All sms credit fees are payable up front. Failure to purchase credits up front will result in suspension of the services. Up front payment refers to payment that is made within a reasonable time so as to allow Buzzmesms to add the SMS credits to the client's account.

7.3 Payment. Transaction fees are due and payable when the User places an order for SMS credits at the Buzzmesms web site. Payment shall be deemed to have been made as soon as the fee is available in Buzzmesms's bank account.

7.4 Credit Card Payment. If the User has elected to pay for SMS credits by credit card, and Buzzmesms does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by Buzzmesms. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment when such payment is made. Buzzmesms reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer governs use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) A 5% surcharge will automatically be levied on all credit card transactions. The final purchase amount is the amount reflected on the Credit Card payment page.

7.5 Termination or Cancellation by the User. The User is free to terminate or cancel this agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the User must carry out such termination in accordance with the policies and procedures established by Buzzmesms. Any questions concerning the appropriate method by which to cancel this agreement, should be addressed to info@skyforcecorporation.com.

7.6 The client acknowledges that Buzzmesms is dependant on various telecommunication networks and institutions for the delivery of its messages and that Buzzmesms may adjust its prices as and when necessary, should these telecommunication networks and institutions adjust their pricing. Buzzmesms undertakes to notify the client of such adjustments in writing via e-mail, prior to implementing such adjustments. Should there be a cost increase after the client has purchased message credits from Buzzmesms, Buzzmesms reserves the right to adjust the clients' remaining credit balance accordingly.

8. Credit-based billing principles for messages sent to International destinations.

Buzzmesms is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on Buzzmesms's coverage pages from time to time, and Buzzmesms charges the published rate when a message is sent through the system. The User understands that the number of credits to a specific destination network may change due to various factors, and that Buzzmesms may adjust these rates whenever it deems it necessary to do so.

9. Modification of Terms; Termination, Cancellation, and Suspension

9.1 Modification of Terms. Buzzmesms frequently updates, modifies, and otherwise continually seeks to improve the Buzzmesms services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, Buzzmesms shall have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of the Buzzmesms service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. The User acknowledges its responsibility to review this agreement from time to time and to be aware of any such changes.

9.2 Termination, Cancellation and/or Suspension by Buzzmesms; Disclosure of Information. This agreement and the license granted here under may be terminated, cancelled and/or suspended by Buzzmesms at any time if, in Buzzmesms's sole discretion, the User breaches these Terms of service. Such termination, cancellation and/or suspension by Buzzmesms shall be effective immediately upon notification by Buzzmesms to the User in any reasonable manner, including but not limited to, notification by e-mail or SMS. Upon, during, and/or after any such breach, Buzzmesms may elect to suspend, terminate and/or cancel this agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Buzzmesms reserves the right to suspend the client's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User's status as being a Buzzmesms Client, financial status of the client or the content of the messages originating from the client

9.3 In the event that Buzzmesms receives complaints from recipients or third parties with respect to the use of the service, Buzzmesms additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

9.4 Termination or Cancellation by the User; Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this service agreement, the User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this service agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of Buzzmesms (in whole or in part) where said suspension arises from the User's failure to comply with, or violation of, the terms of this service agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using Buzzmesms and remove all Buzzmesms software and applications on any computer, database, server (local or remote) in Users possession or under its control.

9.5 Buzzmesms shall have no obligation to the User after any termination or cancellation of this service agreement, excepting point 9.6 below.

9.6 Financial obligations of Buzzmesms upon Termination and/or Cancellation by Buzzmesms; Should the termination of services result in a situation where the client still has credits (or messages that are pre-paid) at any stage, the client shall not be entitiled to request back the monetary value of such credits.  

10. No Warranties Or Liabilities

10.1 Generally. The User expressly acknowledges and agrees that the use of the service and the internet generally is at its own risk and that the service is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. Buzzmesms will use commercially reasonable efforts to make access to Buzzmesms available to the User through the required access protocols, but makes no warranty or guarantee that the User will be able to access Buzzmesms at any particular time or any particular location.

10.2 Additional Limitations. Without limiting the generality of the terms set forth in Section 10.1, Buzzmesms and its affiliates, agents, content providers, service providers, and licensors:

10.2.1 Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of Buzzmesms generally, and any content or services contained therein, as well as all express and implied warranties that the operation of Buzzmesms generally and any content or services contained therein will be uninterrupted or error-free;

10.2.2 Shall in no event be liable to the User or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; (the User agrees to indemnify Buzzmesms pursuant to section 11 hereof for any and all third party claims arising from such failures, delays or interruptions in connection with regard to use of the service);

10.2.3 Without in any way limiting the foregoing, Buzzmesms shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount equal to two times the lowest monthly transaction fee applicable to such account and /or claim in effect for the monthly period immediately preceding the date of the first claim made by the User and/or the User alleging liability.

10.2.4 High risk activities. the Buzzmesms service is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Buzzmesms could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). in addition to the other disclaimers and limitations contained within this agreement, Buzzmesms and its affiliates, agents, content providers, service providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities including emergency notification services.

10.2.5 Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. in such jurisdictions, Buzzmesms's liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

11. Third Party Beneficiaries

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 10 herein are for the benefit of Buzzmesms and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

12. Indemnification

The User agrees to indemnify, hold harmless, and defend Buzzmesms and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the service in any manner which violates the terms of this service agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. Buzzmesms reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.

13. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this service agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this service agreement will otherwise remain in full force and effect and enforceable. In this agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. No agency, partnership, joint venture, or employment is created as a result of this service agreement and the User does not have any authority of any kind to bind Buzzmesms in any respect whatsoever. In any action or proceeding to enforce rights under this service agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this service agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail or SMS; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between Buzzmesms and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

14 Buzzmesms API Specific Terms & Conditions

Buzzmesms offers the facility for individuals or businesses to connect to its server in order to facilitate text messaging directly to Buzzmesms's Gateway. These terms do not exclude the foregoing terms in this agreement.

15.1 Buzzmesms reserves the right to approve clients and API connections at its sole discretion.

15.2 Buzzmesms encourages the use and publicity of anti-spam policies.

15.3 The client will be supplied with a login and password which will ensure that the connection is at all times secure from Buzzmesms's side. Security measures over and above this will be the client's responsibility.

15.4 Although Buzzmesms will provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without Buzzmesms informing the client that it has changed. It is the client's sole responsibility to test the specifications thoroughly on a regular basis, as Buzzmesms will not accept responsibility for specifications that may be incorrect or incomplete.

Questions and comments

We're always happy to answer your questions and listen to your comments -- if you have any questions about our privacy policy or its implementation, please feel free to contact us.

You acknowledge that acceptance of this agreement is a condition to your use of our services and you agree to be bound by all of its terms and conditions.