These are the 1609SMS Terms and Conditions. Local mailing address: PO Box 18, 9430 AA Westerbork (Netherlands). 1609SMS provides sms services, sms credits, and additional services that will be billed by Xtreme Internet Solutions, Breemstraat 38, 3650 Dilsen-Stokkem.

The following terms describe the assumptions under which the services offered at www.1609sms.com can be used. By identifying yourself, you accept these Terms and Conditions. If you have questions about the terms, please contact us at terms@1609sms.com .

1609SMS reserves the right to change the terms and conditions at all times without having to give reasons. If conditions change, you will be notified in advance by email. If you don't respond within two weeks after you receive these changes by e-mail, you have accepted the changes. If you disagree with the changed conditions, we reserve the right to cancel your registration and your account, including your credits.  

1. 1609SMS

1609SMS offers an Internet platform containing the most diverse services in the areas of Internet via Internet and mobile telephony. 1609SMS is a site focused on SMS where you can use various paid services. 

2. Services

a) Order

Only registered users can make use of 1609SMS services.

b) Pricing

Prices are exclusive of VAT and any other incidental charges are always directly connected to the Services. Prices are excluding VAT. When you are a valid company, with valid VAT n° and from a country outside Belgium, we don't charge VAT taxes (international delivery).

The cost for the use of text messages in the module are met by the users 1609SMS credits (credits, ± 10 Euro cents per SMS). It is evident and only possible to send SMS messages, if there are credits present at the client account.
 

1609SMS reserves the right to alter prices without having to be accountable. If prices change, this will be visible at any time in the SMS module (http://www.1609sms.com/uk/smsmodule/) of the client account.

c) Responsibility for the availability of services

1609SMS will be doing everything to offer its services as well and quickly as possible. For 1609SMS is dependent on third party distribution channels and of the constant availability of these channels, it cannot be held responsible  for delays in the sending of text messages. 1609SMS is not liable for a short or long interruption of the transmission of data to the mobile phone user / receiver. 

In addition, 1609SMS does not guarantee the continuous availability of services. In particular, 1609SMS reserves the right, to interrupt services and access to the website, because of auditting and controle purposes.

3. User obligations

a) Responsibility

User shall in all respects, behave as a responsible and careful internet- and text-message-user and is required to obey to the applicable legal rules when using the 1609SMS services.

b) Message content

User is responsible and will be held accountable for the content of the messages sent by him.

c) 1609SMS interests

User shall not send messages whose content or expression will harm the interests of 1609SMS, 1609SMS users or its advertisers and owners.  

d) Expressions

User shall not in any way use the 1609SMS services for expressions, that will be unlawful to third parties, or which are philosophical, political, offensive, racist, discriminatory or inflammatory in nature and unlawful to third parties, at the sole discretion and judged by 1609SMS. .

e) Controle of content messages

1609SMS has the right to examine the content of the electronic messages sent by the user, to understand and examine whether the content meets the requirements of the paragraphs of this article. 

f) Damage

If the user acts contrary to the statements in these articles, 1609SMS has the right to terminate the agreement and contract, and charge user with an immediate payable penalty. This penalty does not affect the right to claim compensation for 1609SMS. Damage to 1609SMS and third parties caused by users acting in contravention of this article, can be recovered from user.

g) Removal

1609SMS has the right to terminate the registration of a registered user if for a continuous period of six months user does not use the 1609sms service and there are no longer paid credits in the user account. A demo account can be closed without any notification. Ordered SMS credits remain valid for a period of 1 year.

4. General Liability

a) Guilt

1609SMS will never be liable for damage suffered by users of 1609SMS shortcomings in the implementation of the agreement.

b) Credits

For any lost funds (credits) by technical errors or other defects in the security, 1609SMS can not be held liable. These funds will be lost.

5. Privacy

a) Personal information

1609SMS collects information in different ways and different places on the website. Some personal information is collected - for example if you register. When you register, 1609SMS asks for your name, email address and other information.

b) Usage of personal information.

1609SMS collects and analyzes information in order to offer a better service to you as a client. This includes personalization services, interactive communications and many other services that are available at no cost and at your disposal.

The role of 1609SMS in the transfer of advertising, is the role of an intermediary. 1609SMS take advertising from third parties and shows it to its users, for whom this could be interesting. This type of targeted advertising is via banners and e-mail.

c) Passing on personal information.

As a general rule 1609SMS will not disclose any personal information from its clientele, if they have not given their written consent, except in those exceptional circumstances, such as when we are convinced that such information for legal purposes or in the circumstances described below are required.  1609SMS, will obey to the applicable Belgian law on privacy compliance. In the event of a legal obligation, 1609SMS will give information from users to third parties.

d) User options with regard to information

1609SMS occasionally send you an e-mail about our products, services and potential upgrading of our service that we think might be interesting for you.  Only 1609SMS (or third parties working on a confidential basis for 1609SMS ) send you direct information. By opening a 1609SMS account you agree to receive this information by e-mail, SMS or other means.

e) Credits on test accounts.

The credits on a demonstration / test account can never be legally binding. The 1609SMS credit on demonstration / test accounts may at any time be removed or deactivated. Any remaining credit can not be paid or reimbursed.

f) Security.

The information with regard to 1609SMS accounts is password protected so can only be accessed with your personal information. You are solely responsible for the confidentiality of that password. We encourage you to renew your password occasionally, and never inform others of this password. Neither by telephone, nor by email 1609SMS will ask for your password. Unfortunately, safety in the sending of information on the internet cannot be 100% guaranteed. Therefore, we cannot guarantee complete security in transmitting data to your business over the internet. You act at your own risk. As soon as we have received your details, we will make every effort to store this data as safe as possible in our system. Never log on to 1609SMS via websites other than 1609SMS itself.

6. Belgian Law

Each agreement 1609SMS will conclude, Belgian law will be applicable. Any disputes arising from or related to liabilities resulting from the agreement between the parties will be submitted to the courts of Tongeren.

7. Inapplicable or inactive clausus

If certain clauses of these terms in whole or in part is not valid or applicable, the validity of the remaining terms are still in state. The inapplicable or ineffective provisions will be replaced by those that match the meaning and purpose of the inapplicable or inactive provision the closest. The same applies to any possible gaps in the regulatory environment.