SYSTEM USAGE TERMS AND CONDITIONS

PLEASE READ THESE SYSTEM USAGE TERMS AND CONDITIONS CAREFULLY BEFORE USING BEST MESSAGING SERVICES
Pesatech Solutions Limited Limited and its affiliates (collectively, “Pesatech Solutions Limited”) and you (“System User”) enter into this System Usage Terms & Conditions Agreement (“Agreement”) to establish the exclusive terms and conditions pursuant to which System User may use the Best Messaging Services provided on the best messaging System located on the web address https://best-messaging.com/main/. This document also serve as the authoritative contract document indicating that the System User is procuring Short Messaging Services (SMS) available through Best Messaging Portal. SMS Message is used to denote a text Message delivered to mobile subscribers using the Short Messaging Service provided by mobile Service Providers in Kenya. Your usage of the system is construed as an acceptance of all of the terms and conditions of this Agreement.

1. Content

(a) Contact Upload Permission
System users have the option of uploading contacts of mobile phone subscribers onto the system. We don’t exercise control over the contacts uploaded by the system users and hence the System users MUST ensure that the mobile subscribers consent to their phone numbers being uploaded onto the system. The system users are therefore SOLELY responsible and will be answerable for any grievances including legal suits arising from the usage of the system by the System User.
(b) Validity of System User Details
System users MUST provide valid identity details that denote their actual identity as a legal entity in the Republic of Kenya. Each system user bears consequence for any falsification of their user identity details provided in the system.
(c) SMS Message Content
It’s a serious offence in the Republic of Kenya to send to any mobile User a Text Message that infringe on their constitutional rights or SMS Messages that spread hate message content or SMS Messages that’s defamatory to an individual. The System user is SOLELY responsible for any SMS message content they send to a recipient Mobile Subscriber. In this regard, any system user that sends SMS Message content that is offensive to the end recipient will be liable for addressing the grievances of the offended Mobile Subscriber including legal suits.
(d) Mobile Subscriber Consent to be sent SMS Messages
The system users MUST ensure that the Mobile Subscribers consent to receiving the SMS Messages they (System Users) send to them through the system.

2. Indemnity

System user shall indemnify, defend, and hold harmless Pesatech Solutions Limited and its officers, directors, employees, agents, shareholders, partners (collectively, “Indemnified Parties”) from and against claims, suits, demands and actions brought against the Indemnified Parties or tendered to the Indemnified Parties for defense and/or indemnification (collectively “Claims”) and for all resulting damages, losses, costs and liabilities (including reasonable attorney and professional fees) (collectively “Losses”) that arise or result from Claims which allege:
(a) That any Content uploaded by a system user identified in Part 1 above of this document violates or infringes any trademark, trade name, agreement, copyright (whether common law or statutory), patent, literary, dramatic, personal, private, civil or property right or right of privacy or any other right whatsoever, or slanders or libels any person, firm, corporation or association;
(b) Damages resulting from any breach by System User of any duty, representation.

3. Changes in Terms of Service.

This Agreement can be amended by Pesatech Solutions Limited without notifying the System User. It’s the duty of the System User to check from the Best Messaging web site any updates to this terms of Services.

4. Termination

(a) Termination. The system user is required to inform Pesatech Solutions Limited of intent to terminate their usage of the Services provided by this system. Non usage of the system for a period exceeding 1 year is considered termination of usage and will lead to disabling of accounts.
(b) Post-termination. System Users will not be able to access their Best Messaging system account after terminating use of Best Messaging Services.