Terms and Conditions for the SMS Service provided by sms138.com
- Scope of Agreement
By using the Services or System above, you agree to these terms specified in this
contract. The contract is deemed established as soon as the username and password
required using the SMS Services at sms138.com.
- Usage of the SMS Services at sms138.com
- Intellectual Property
sms138.com remain the sole owner of the above systems (including technology, online
tool, software, hardware, website, information, data, text, images, graphic and
logos) and reserve all rights not expressly granted to you. The system as may be
updated or replaced by feature enhancements, software updates or system restore
software provided by sms138.com, whether in read only memory, on any other media or
in any other form are not sold or granted to you and use only under the terms of
- Authorization and Authentication
To prevent unauthorized access to our online system, an unique user name and password
combination is created by the user or agent to access system. For security reason,
user is responsible not to provide or expose this information to 3rd party.
We have no control over the computer you use to access the above systems. As an
added security feature, the above system has an automatic log out function if no
activity is detected after a preset time limit.
However, user who selects “Keep me logged in” must ensure no one has access to your
computer or records your online activities. Always log out of the above systems
immediately after completing transactions and before visiting other websites and
do not send any information about your account via e-mail.
Correspondent mobile contact is serves as identification of the customer to sms138.com’s
system. The user is responsible to ensure the contact is valid and legally registered
under the username.
sms138.com will perform no further authentication of the customer's identity. The
customer agrees that all activities which can be traced to his username, password
and correspondent mobile number are deemed as having been performed by the customer
himself and are legally binding for him.
sms138.com has all rights to suspend any account with an invalid or inactive correspondent
The customer agrees that, by definition, access to the Internet, the GSM network
and other communication media is associated with risks concerning authentication,
data security, privacy, availability of services, reliability of transmission etc.
The customer agrees to bear full and exclusively responsibility arising from such
risks and consequences of the customer's usage of SMS Services by sms138.com.
- SMS Transmission
The customer acknowledges that sms138.com delivers SMS messages via major telecommunications
companies and mobile network providers and can therefore only influence the delivery
with respect to transmission of SMS messages within the technical constraints imposed
by the providers.
SMS messages submitted via sms138.com will be transferred to the addressed mobile
recipients within seconds to minutes, provided that the recipient's phone is switched
on and located in an area covered by his subscribed mobile network provider. The
customer acknowledges that, depending on the recipient's mobile provider service,
it may not be possible to transmit the SMS message to the recipient successfully,
particularly if the provider does not support SMS delivery at all.
- Large Volume Transmission
The customer acknowledges that transmission of large SMS amounts may be subject
to restrictions and delays on the part of the mobile network providers affected.
- Traffic Type
The customers accept only to send mobile terminating messages to recipients that
have acknowledged receiving it from customer. Traffic types allowed by this contract
have to be: clean bulk (opt-in), streaming and person 2 person traffic. In case
of any problems or penalty that can affect sms138.com’s system, regarding termination
to mobile subscribers that don't desire to receive messages, all will be passed
to the Customer.
- SMS rate and Purchase credits
• SMS rate are subject to change without notice.
Wireless Messaging Sdn Bhd reserve the right to adjust our prices at any-time in case of an increase in SMS cost.
• For purchased credits, Wireless Messaging Sdn Bhd reserve the right to adjust the credits balance or charges at any-time as SMS cost price increases.
Purchased or balance credits are not refundable.
- Customer’s Liability
- SMS Content
The customer assumes full responsibility for the content of SMS messages transmitted
by himself or by a third party on his request.
The customer agrees to abide to all laws and regulations applicable to the content
and intent of SMS messages transmitted by him. The customer assumes liability for
all consequences and costs arising out of offences against such regulations.
The customer must ensure that his SMS delivery does not cause disturbance or harassment
of a recipient or other third party. The customer agrees to refrain from sending
SMS messages containing offensive, violent, pornographic, or discriminatory, or
otherwise illegal content.
The customer is not permitted to send SMS messages to recipients who have made clear
that they do not wish to receive SMS messages or advertisements via SMS.
The customer agrees to indemnify and hold sms138.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content the customer transmit through the Service, the customer's
use of the Service, the customer's connection to the Service, the customer's violation
of the Terms of Usage, or the customer's violation of any rights of another.
You agree that the system provided by sms138.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if sms138.com believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Usage.
You agree that any termination of your access to the Service under any provision
of this Terms of Usage may be effected without prior notice if sms138.com believes
that you have violated the Terms of Usage. And agree that sms138.com may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that sms138.com shall not be liable to you or any third-party for any termination
of your access to the Service.
Under the Malaysian Communications and Multimedia Commission Act 1998, (Determination
No.4 of 2009) item 103, the vendor is allowed to keep the original, copies or duplicates
of the information or any test data provided for not more than 24 months. Receiving
party must have the ability to provide the relevant information or test data to
the legal authorities if the recipient places a report toward the disclosing party
for law enforcement.
Upon receipt of “STOP” and “BATAL” or similar phrase from the SMS recipient, sms138.com
has all right and immediately terminate / block / filter ant SMS sent to the recipient
subscribe by the mobile customer.
At all times your information will be treated in accordance with sms138.com’s Privacy
Policy. Any information, database, content, recipient’s details are the user’s property.
sms138.com do not use, expose or sell these information without obtaining your consent,
except legally required by law and enforcement.
- Financial and accounting
- SMS Debits
sms138.com debits transmitted SMS messages from the customer's online SMS account
according to its transmission logs. These logs are deemed correct and valid even
if the customer has objected to the correctness of the accounting records, but sms138.com
investigations have not produced evidence of a technical problem or error.
- Account Balance
The SMS account balance is non-refundable and does not bear interest.
Credits are not refundable for all outgoing SMS rejected by Telcos. The SMS Credit
will still be deducted even though the SMS was terminated before it is delivered
to the recipients or failed to receive by recipient under the status – Delivery
Failure, Sent, Expired, Not In Service, Out of Coverage, QInTelco & Pending. However,
system will refund automatically for those SMS with “ERROR” status.
- Validity period
All SMS credits are valid for 1 year. You can top-up credits (Minimum 1000
SMS) to bring forward the balance of your SMS Credits.
- Reselling sms138.com SMS Services
Agent MUST follow the package pricing and the rate of SMS to customer and Agent.