.: www.1smsCafe.com :.

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<html>
<head>
    <title>Terms and Conditions</title>
</head>
<body style="font-family: Tahoma; font-size: xx-small">

    <p>
        <b>Terms and Conditions for the SMS Service provided by 1smsCafe.com</b></p>
    <ol>
        <li><b>Scope of Agreement</b><br />
            The customer agrees with the terms specified in this contract. The contract is 
            deemed established as soon as the username and password required using the SMS 
            Services at 1smsCafe.com.<br />
 </li>
        <li><b>Usage of the SMS Services at 1smsCafe.com</b><br />
 <ul>
                <li><b>Authorization and Authentication</b><br />
                    After the customer has completed all registration requirements, a username and 
                    password will be disclose to customer by 1smsCafe system via SMS. This login 
                    information serves as identification of the customer to 1smsCafe.com. 
                    1smsCafe.com will perform no further authentication of the customer's identity. 
                    The customer agrees that all activities which can be traced to his username and 
                    password are deemed as having been performed by the customer himself and are 
                    legally binding for him.<br />
 </li>
                <li><b>Risks</b><br />
                    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 1smsCafe.com<br />
 </li>
                <li><b>SMS Transmission</b><br />
 <ul>
                        <li><b>Delivery</b><br />
                            The customer acknowledges that 1smsCafe.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.
                            <br />
                            <br />
                            SMS messages submitted via 1smsCafe.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.<br />
 </li>
                        <li><b>Large Volume Transmission</b><br />
                            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.<br />
 </li>
                        <li><b>Traffic Type</b><br />
                            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 1smsCafe.com, regarding 
                            termination to mobile subscribers that don't desire to receive messages, all 
                            will be passed to the Customer.<br />
 </li>
                    </ul>
                </li>
            </ul>
        </li>
        <li><b>Customer’s Liability</b><br />
 <ul>
                <li><b>SMS Content</b><br />
                    The customer assumes full responsibility for the content of SMS messages 
                    transmitted by himself or by a third party on his request.
                    <br />
                    <br />
                    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.
                    <br />
                    <br />
                    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.
                    <br />
                    <br />
                    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.
                    <br />
                    <br />
                    The customer agrees to indemnify and hold 1smsCafe.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.<br />
 </li>
                <li><b>Termination</b><br />
                    You agree that 1smsCafe.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 1smsCafe.com believes that you have violated 
                    or acted inconsistently with the letter or spirit of the Terms of Usage.<br />
                    <br />
                    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 1smsCafe.com 
                    believes that you have violated the Terms of Usage. And agree that 1smsCafe.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 1smsCafe.com shall not be liable to you or any 
                    third-party for any termination of your access to the Service.<br />
 </li>
            </ul>
        </li>
        <li><b>Financial and accounting</b><br />
 <ul>
                <li><b>SMS Debits</b><br />
                    1smsCafe.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 1smsCafe.com investigations have not produced evidence of a 
                    technical problem or error.<br />
 </li>
                <li><b>Account Balance</b><br />
                    The SMS account balance is non-refundable and does not bear interest. Except the 
                    error SMS created by our system.<br />
 </li>
            </ul>
        </li>
        <li><b>Validity period</b>
            <br />
            All SMS credits are valid for 1 year. You can reload credits (Minimum 250 SMS 
            credits) to bring forward the total balance of your SMS Credits.<br />
 </li>
        <li><b>Monthly Auto Maintain (End of the month)</b><br />
            Every member need to minimum maintain 250 SMS credits from company. Auto 
            purchase will run at the end of every month for member who never maintain for 
            that month. Auto purchase will help member to auto purchase the minimum SMS 
            package (250 SMS credits) and the payment will deduct from EP-wallet if balance 
            available, otherwise the system will deduct all the balance and calculate base 
            on the current pricing of SMS to do the auto maintain process.<br />
 </li>
        <li><b>Reserved for next month auto maintains</b><br />
            The system will reserve a total amount of RM15 in your EP wallet, which is for 
            next month auto maintain purposes. This reserve amount is not withdraw able, it 
            can only use to purchase SMS package available in the system.<br />
 </li>
        <li><b>Incentive into EP wallet ON HOLD</b><br />
            The incentive transaction ON HOLD is because the current month you have not 
            maintain a minimum of RM15 for 250 SMS credits. All the ON HOLD transactions 
            will release back to your EP wallet if you do purchase manually from our system 
            or our system do the auto maintain for you.<br />
 </li>
        <li><b>Incentive Withdrawal</b>
            <br />
            Every withdrawal transaction will deduct RM3 for withdrawal service charge and 
            admin fees. All the withdrawal requests will be processed on Monday 9:00 AM, and 
            bank in the cheque to member account on Tuesday. The withdrawal request will be 
            delayed if member do not provide complete bank information or wrong bank 
            information.<br />
 </li>
        <li><b>SMS Notification Charge</b><br />
            Every SMS notification sent out from 1smsCafe system will be charge to the 
            recipient account amount RM0.10 per SMS regardless deliver success or deliver 
            failed. The SMS notifications included bonus/incentive notification and account 
            activation notification.</li>
    </ol>
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         </p>
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         </p>
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I have read, understand and agree to the above Terms and Conditions.
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