1. DISCLAIMER

Whilst every effort has been made by itwindsms.com and its suppliers of information to ensure the proper performance of every service, itwindsms.com, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered. In particular, we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, and secure or error-free. Errors will be billed in full. By using itwindsms.com Services you indemnify and hold us harmless against all or any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect special or consequential damages) and whether in action based on contract, negligence or any other action, arising out of or in connection with failure or delay in performance of the Services offered or the use of said Services.

2. CUSTOMER AGREES AND UNDERTAKES TO:

2.1 Be Responsible not to use itwindsms.com Service:

• 2.1.1 To send unsolicited or unwelcome messages
• 2.1.2 For any purpose which is against the public interest, public order or national harmony
• 2.1.3 To provide information that is offensive on moral, religious, communal or political grounds.
• 2.1.4 For spamming activity. "Spamming" shall mean
  • (i) A situation where Email / SMS are sent to Recipients without their prior consent and/or
  • (ii) Any unlawful or fraudulent Email / SMS.
• 2.1.5 For scamming activity. "Scamming" shall mean
  • (i) Providing misleading information in any manner which may infringe the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of privacy.

2.2 Indemnity.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Service by us to you and your use of the Service including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

2.3 Defamation.

You shall not defame in words or matter containing untrue imputation against our reputation. We shall have the right to suspend or terminate any or all the service provided to you at any time for any reason, generally without notice and no refund will be made.

2.4 Keep secure

any identification, password and other confidential information relating to your account and shall notify us immediately in writing of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

2.5

Customer shall only broadcast the marketing messages and SMS content between 8 A.M to 7 P.M. as per SKMM guidelines.

3. SERVICE AVAILABILITY & SMS DELIVERY

The basic services offered by itwindsms.com are provided to you on an "as is" and "as available" basis. We use its best efforts to maintain the quality of its services, but you should not assume that itwindsms.com is error-free or that it will be suitable for the particular purpose, which you have in mind when using it.

• 3.1 We do not provide end-to-end delivery guarantees. There are no guarantees that a SMS will be actually delivered to its recipient. Delay or complete loss of a SMS is inevitable.
• 3.2 SMS may not be delivered if the recipient's phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control may interfere with SMS delivery, including the recipient's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent SMS may not be timely received and that we do not guarantee that SMS will be delivered.
• 3.3 You acknowledge that SMS are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to SMS delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
• 3.4 We shall use our reasonable endeavors to make our service available to you at all times but we shall not, in any event, be liable for interruptions of Service.
• 3.5 We shall have the right to suspend the service at any time and for any reason, generally without notice.
• 3.6 The service provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. You may use no more than one login session under any one account at any time. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Service and/or this Agreement immediately without refund.
• 3.7 The Service provided to you is only available in Malaysia. Telco supported: Maxis, Digi, Celcom and U Mobile.

4. CONTENT

4.1 itwindsms.com shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilizing any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

• 4.1.1 Errors or discrepancies in the information provided
• 4.1.2 Any unauthorized access of this website by third parties
• 4.1.3 Any breakdown or failure of any equipment or medium of access to this website
• 4.1.4 Any failure or unavailability of itwindsms.com or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
• 4.1.5 The destruction or accessing of the User's data or equipment
• 4.1.6 Any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

4.2 itwindsms.com reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

4.3 Unless expressly stated to the contrary, itwindsms.com owns the intellectual property rights in and to this website and the unauthorized use thereof is expressly prohibited.

4.4 You own all of the content and information you post at itwindsms.com. itwindsms.com does not hold ANY responsibility on the content and does not claim ownership of the content that you have submitted. You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via itwindsms.com. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

4.5 Under no circumstances will itwindsms.com take any responsibility on any loss of data, information or records. It is your responsibility to back up data of all your content in order to prevent potential data loss. We strive our best to keep all the data for a maximum of three (3) months.

4.6 As per SKMM guidelines, you shall include price information at the beginning of each SMS content, whether it is delivering a chargeable content to a mobile customer or when sending an SMS text message which is sent at no cost to the mobile customer.

4.7 You shall use either "RM0 " at the beginning of the SMS content to denote the fact that the SMS is a free-of-charge SMS. This applies also to marketing SMS.

5. PRICE AND PAYMENT

The price for each service is as set forth on our website. All prices are in Malaysia Ringgit (MYR). We reserve the right to modify our pricing at any time without prior notice, including offering promotional, discount or higher prices. The valid price at any time is that which is quoted on our website at the time of purchase.

Payment must be made by Cash, Bank Transfer, Cheque, Visa, MasterCard and PayPal. itwindsms.com utilizes the service of third parties to process payments. In no event, we will be responsible or liable for any payment processing issue or error. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity.

All inquires or issues relating to payment processing must be directed to the relevant third party payment processing entity.

6. CHANGES OF PACKAGE PLAN & REFUND

• 6.1 There is NO REFUND in any circumstances.
• 6.2 The Customer is not allowed to change the SMS Package Plan during the subscription period. However, the customer can purchase another package plan.
• 6.3 No refund shall be made to the customer when changing the SMS Package Plan.
• 6.4 There are no refunds or credits for partially used SMS credits.
• 6.5 Strictly no refund in cash or credit to any mistake caused by the Customers.
• 6.6 We do not refund on ANY rejected SMS message by Telcos. The SMS Credit will still be deducted even though the SMS was terminated before it is delivered to the recipients.
• 6.7 No refunds will be given for any SMS credits purchased and used. To ensure all of our customers are treated equally no exceptions can be made.

7. TERMINATION & REINSTATEMENT

• 7.1 Your account is immediately terminated without notice and without refund if itwindsms.com found that you are sending any illegal SMS content.
• 7.2 If you fail to pay any sums due to us as they fall due, we may suspend the Service and/or terminate this Agreement forthwith without prior notice.
• 7.3 If you break any of these terms and conditions and you fail to correct the breach, we may suspend the Service and/or terminate this Agreement forthwith without notice to you.
• 7.4 On termination of this Agreement or suspension of the service we shall be entitled immediately to block your account login.
• 7.5 If your account has been suspended due to non-payment, you will not be able to access the account nor retrieval of content until the service are renewed.
• 7.6 We shall not be liable for any loss of data due to non-payment service termination.
• 7.7 If customer does not comply with the terms in this Agreement, itwindsms.com reserves the right to suspend the provision of service or any part thereof immediately without any liability or obligation to itwindsms.com.
• 7.8 Each Telco has the right to demand itwindsms.com to immediately disconnect any SMS content from access to service without cause or explanation. If Telco has made such demand, itwindsms.com will inform customer immediately related to such disconnection and itwindsms.com will disconnect such content without any liability or obligation.

8. SCRIPTS

We may suspend the use of CGI, Perl, PHP, MySQL, SSL or other scripts should your account be found to be using an unfair amount of system resources and we may reinstate them at our discretion.

9. COPYRIGHT

The content that itwindsms.com provides on our website, including, but not limited to, text, graphics, images and logos, is owned by either itwindsms.com or the party that has provided the content to us and is protected by Malaysia, U.S. and international copyright laws. itwindsms.com is the sole and exclusive owner of its compilation of this content on our website. Malaysia, U.S. and international copyright laws also protect this compilation. Unpermitted copying of any of this content could lead to copyright infringement.

10. PRIVACY POLICY

itwindsms.com respects our customers' rights of privacy. We hold your detailed customer information in confidence. We take your privacy seriously, and as such, we will not sell your personal information to any parties.

Any information/content that is sent to itwindsms.com for text messaging and/or storage purposes will remain the property of the User. itwindsms.com will at no time collect or redistribute this information without your consent, except if legally required by law to do so. This has particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases.

This policy applies to information held by itwindsms.com.

11. ANTI SPAM POLICY

Any registered User of itwindsms.com can send text messages to his/her friends, family, colleagues, clients, contacts etc. using the itwindsms.com interface. These interface strictly forbid spamming to mobile phone users. However, we cannot guarantee that spamming will never occur. Please contact us at support@itwindsms.com with the detailed description of the issue if there is any and we will do our best to assist you.

12. LINKS TO OTHER WEBSITES

Links to third-party websites on the Website are provided solely as a convenience to you and they may have different policies. If you use these links, you will leave the website. itwindsms.com does not review or control these third-party websites and does not endorse or make any representations about them. If you decide to access any of the third-party websites linked to the website, you do this entirely at your own risk.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL ITWINDSMS.COM BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF ITWINDSMS.COM OR ANY ITWINDSMS.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.