An agreement to collaborate for an SMS-solution based upon ViaNett SMS client.
The following contract is agreed between ViaNett AS (Distributor) and __________________________________, hereby called customer.
If the customer has a previous contract with ViaNett, this contract replaces the previous contract according to the customer’s duties, and items about support to consumer.
1. The contract validity:
The contract comprises SMS operations based upon ActiveX component, Java component, and other connections developed by ViaNett towards ViaNett’s technical platform. The customer has the right to use the received component and use of agreed short number (if any). The solution can only be used upon ViaNett’s distribution to operators or suppliers for messages directly.
2.1 ViaNett’s duties
ViaNett shall operate the SMS-solution on the servers, i.e make sure the communication towards the operators is in function, and correct defects which might arise.
The customer shall be the subject for 24 hours surveillance according to the other systems surveillance by ViaNett.
ViaNett shall make sure that the communication between eventual component and 5- digit number or another short number within ViaNett, is operating at all times anticipated that a warning has been given about defects. Eventual defects shall be corrected as fast as possible after the defect has been discovered.
2.2 Exceptions for duties
ViaNett is not responsible for defects which might arise as a result of the customer’s faults, or faults caused by other persons admitted to the system by the customer. Nevertheless, ViaNett shall assist in correcting the defects, but by doing so, ViaNett can claim additional payments.
ViaNett is neither responsible for defects caused by 3. party suppliers as teleoperators, suppliers for messages or machine suppliers.
The above duties are not valid when such terms are described in another separate contract as for example maintenance contract for software.
3. The customer’s privileges
The customer can take advantage of the received component to develop own solutions for SMS, if it communicates towards ViaNett SMS server and uses the short number agreed upon. The right of use is limited to the company organization and to the company’s customers only. Distribution of messages on behalf of other companies must be further agreed upon.
4. The customer’s duties
The customer shall give notice about discovered defects as soon as possible. The customer shall preferably protect ViaNett’s interests about not giving permission to ViaNett’s technology to others. The customer is responsible for content and copyright to content of the messages, and the customer is also responsible for the fulfillment of the operator’s requirements for such messages.
The customer is legal responsible for the services offered, and the customer is obligated to follow valid legislation according to distribution, content and consumer rights. In cases where operators or distributors can order ViaNett an economical responsibility caused by breach of rules according to distribution and content, the customer is responsible to ViaNett. The customer is responsible for his own knowledge of valid laws and rules according to the specific market, including consumer representative rules which the operators or the distributors are referring to.
5. Support to consumer
Unless anything else is agreed upon, the customer is responsible for consumer support by telephone, and via the Internet site according to the operators or distributors rules for each country. The customer can be invoiced by ViaNett for direct consumer support regarding the customer’s services or products. If it is necessary to satisfy an operator or distributors claim for such services, ViaNett can, on the behalf of the customer, enter into an agreement with another participant for local support. The customer accepts to cover direct costs connected to such support in addition to a fee for the administration carried out by ViaNett.