Updated Notice for TERMS OF SERVICE
Charges & Payments
In the event the usage of these services is charged to you by a Third Party which is officially licensed to do so by MiM Digital Marketing Solution Ltd., the terms agreed between you, and such Third Party shall apply. These terms and conditions are a binding legal agreement between the customer (you) and MiM Digital Marketing Solution Ltd. contain provisions that disclaim, limit, and exclude our liability to you and that indemnify us against claims and damages that it may suffer as a result of your conduct. By ticking the “I accept these terms and conditions” button and submitting the request or otherwise registering for the services, you agree that:
- You agree to pay all Charges due to Us regarding making the Service available to You and Your access to and use the Service (“Customer Charges”) by the prepayment method and following the terms as set hereof.
- Customers are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message type and length.
- Payment made by any digital method like a mobile bank, debit/credit card, and digital wallet may charge an additional amount as a Processing fee.
- No payment processing charges will be mentioned on our invoice. Only the actual price of the product/service will be shown on our invoice.
- You may receive an invoice/SMS/email from your chosen payment gateway, Including a processing fee.
- The transaction processing fee will be automatically deducted from your chosen payment method during the digital/online payment.
- There is no additional charge or processing fee for Direct Bank Deposit, Bank Transfer, and Cash deposit at our Office.
- If the products/services are taxable, the tax will be added to the principal amount per government rules.
- Billing for the applicable charges shall be in BDT Taka (Bangladeshi Taka) and as specified on the Service’s Specific Service Terms and Conditions.
- Subject to section 17.3, the person signing up for the Service will be the contracting party (“Account Owner”) for our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completing sign-up for the Service, We will create a MiMSMS account on your behalf, using your provided information. Depending on your documents, the MiMSMS authority can accept or reject your application.
- The customer may have to sign the “Terms and Conditions” form and must submit it along with the required documents.
- The document or photo ID provided must be at least 6 months validity; If there is an expiration date.
Application to Person (A2P) SMS: Application to person, mobile / system generated SMS sending process. A2P SMS is not transmitted by any mobile device (handset, tab, SIM box, etc.) and SIM card. A2P SMS is in the form of text. For transaction and marketing, One-way SMS, OTP, PIN code, etc., are included in A2P SMS. A2P SMS reaches the customer by alpha sender/masking, numeric sender-id / non-masking (virtual mobile number), shortcode, etc.
SMS aggregator: It is an SMS service provider (such as MiMSMS) that provides SMS (text) services to various organizations/customers on behalf of ANS operators (Mobile, IPTSP, and PSTN). Aggregators act as wholesalers for ANS operators and bridge between the operator and the buyer organization.
Promotional SMS: A system-generated SMS (text) is sent to a customer on behalf of a brand or organization. This SMS provides information on the brand’s marketing, services, and discounts.
Transactional SMS: Automated system generated text and voice SMS sent to the customer only when the customer is active in the case of a brand. This SMS provides the customer with any transaction, transfer confirmation, one-time password, etc.
Notification SMS: Automatically and actively notifies the customer about the account’s activities, purchase confirmation and transfer notifications.
One-way SMS: Automatic system-generated text or SMS that is delivered to the customer. Promotional or transactional or notifications are provided through any system-generated SMS.
Two-way SMS: The subscriber responds in person or after receiving the SMS.
Toll-free SMS: No bill will be levied on the customer as per the demand of the customer organization, which the customer organization will pay.
Sender-ID / Masking: A maximum of 11 character names, which the buyer can send to the customer via text SMS with his name or brand. Masking text SMS is only one-way SMS.
Group-based SMS: Any individual-specific area / profession / religious / educational / age based group / election manifesto etc. will be considered as normal group SMS.
Other SMS: Except for Person to Person (P2P) SMS, all Machine Generated SMS will be treated as A2P SMS.
17. Systems and Services
17.2. As a listed aggregator of Bangladesh Telecommunication Regulatory Commission (BTRC), MiMSMS will provide or be obliged to provide A2P SMS service as per the prescribed tariff given by the Commission.
17.3. As a listed aggregator, MiMSMS will be contracted with ANS Operator and MNP Service Provider to provide bulk SMS service. Our Terms and Conditions will contact individuals/organizations who have signed up for the Service in need.
17.5. ANS operators may provide the same masking keyword to multiple aggregators subject to receiving required masking documents for sending SMS from the same organization. Customers may receive masking SMS services from various aggregators.
17.8 SMS service which can provide MiM SMS
As per the instructions of Bangladesh Telecommunication Regulatory Commission (BTRC) Memorandum Number: 14.32.0000.600.43.005.21.434 dated 20 May 2021, MiMSMS will provide the following SMS services as a listed SMS aggregator.
17.8.1. A2P SMS: Text, One-Way SMS, One Time Password (OTP), Pin Code, Promotional, Notification, Group-Based SMS, etc.
17.8.2. Any legitimate and listed business entity / corporate institution / educational institution / financial institution/government institution / foreign institution operating in Bangladesh subject to government approval may receive bulk SMS service.
17.8.3. All types of A2P SMS, including promotional SMS, must be sent in the “Bangla” language. However, in exceptional cases, you can send English letters/words/applications (OTP / promo code/brand) with the prior permission of BTRC.
17.8.9. To prevent religious incitement and anti-state SMS from reaching the general public and to prevent social unrest, A2P SMS aggregators/subscribers should vet the content of SMS from BTRC. Mobile operators and aggregators (MiMSMS) will also be required to filter all types of messages (Keywords) through their own filtering system as per BTRC guidelines; So that no unwanted SMS reaches the customer. The customer (sender) will be responsible for sending SMS outside the rules of the commission.
17.11. BTRC, law enforcement agencies, NTMC, and MiMSMS will save or be able to keep the SMS content log of the customer for investigation or audit-related needs.
18.4. Religiously provocative and anti-state SMS and no such SMS may be sent, which may disturb social peace.
18.5. In the case of sending ‘Ordinary SMS,’ Candidates for National or local elections cannot send SMS asking for votes mentioning a particular party and party symbol. However, if the candidate is elected, he will be able to provide an SMS stating what activities he will undertake for the people of his area.
18.7. As an aggregator, MiMSMS will separate promotional and transactional SMS before sending A2P SMS through ANS operators and TAG or Flagging the transactional SMS, So that transactional SMS are not covered by the Do Not Disturb (DND) service.
- If you send any SMS outside the prescribed rules of BTRC, A2P, and MiMSMS.
- If any information provided for receiving SMS service is proven to be fake/false.
- Sending religiously provocative and anti-state SMS and any such SMS can lead to social unrest.
- If you send an SMS on behalf of a foreign organization that does not have permission to conduct activities in Bangladesh or is not registered in Bangladesh.
- In the case of sending OTP SMS, the sender does not mention the organization’s name or brand and sends OTP of any organization or brand other than the company contracted for the service.
- If any candidate in the national/local elections of Bangladesh sends an SMS to ask for votes by mentioning a particular party and party symbol without special permission.
- If you send an SMS on behalf of a business organization/apps/website etc., which is not valid according to the customary law of Bangladesh.
- Send private SMS (Adult Content) and advertise Adult Products which are prohibited to be bought / sold by the law or ministry in Bangladesh.
- If you send any fraudulent SMS.
- If you fail to provide the required documents to open a new account.
A. Either party can terminate this Agreement at any time by notice to the other Party with or without cause.
B. Either party may also terminate this Agreement with immediate effect by notice to the other Party if:
- The other Party becomes insolvent, makes any arrangement with or for the benefit of its creditors, goes into compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator, or other similar official appointed over its assets, is subject to an administration or similar order or ceases trading;
- The other Party commits a material breach of the Agreement and (where such infringement is capable of remedy) fails to remedy the breach within 7 days of a written notice from the Party, not in breach requiring its remedy; or
- Any license required for Us to operate the Services is revoked, terminated, or modified or, in the case of new license requirements being imposed, the applicable license: Is not granted to Us, or Is granted to Us but in such a way as to prevent Us from continuing to make the Services available or a Network Operator from enabling Us to make the Services available.
C. We may terminate the Agreement immediately upon notice if any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for Us to make the Services available.
D. Termination of the Agreement for any reason does not affect any rights that have accrued to either Party under the Agreement up to the date of its termination, and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.
E. On termination of the Agreement:
- You will immediately cease to use the Services; and
- Under or in connection with the Agreement, all amounts then owed to Us will become immediately due and payable.
- You will forfeit any unused credit on your account, except for payments received by us within seven (7) days before termination.
- All licenses and rights granted under these Terms will terminate immediately.
Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction, or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed by laws of Bangladesh and BTRC. The parties hereto submit to the non-exclusive jurisdiction of the Bangladesh High Courts to enforce any claim arising hereunder.
Summary Terms and Conditions
You confirm that You hold the account corresponding to the data You have provided MiM Digital Marketing Solution (MiM SMS) with or that You have the account holder’s permission to use this service.