TERMS AND CONDITIONS
Please read the following terms very carefully as they set out your rights and obligations when you register for, or use any of our services.

The following are the Terms and Conditions for the use of Hexadimensional ("Hexadimensional") Products and/or Services ("Hexadimensional Products and/or Solutions and Services" or "the Products" or "the Services" or the “solutions”) by the User ("User" or "Users"). Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions.

IMPORTANT: In accordance to any valid local regulations or laws pertaining to communications where Hexadimensional's services are being deployed, and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the Hexadimensional website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the Hexadimensional website. The reasonable use of the Hexadimensional website shall automatically bind the Users to this agreement.

DEFINITIONS AND INTERPRETATION
Hexadimensional means the company Hexadimensional Corporation, registered 68246-01, PO Box 75385, Kingdom of Bahrain and which includes all its subsidiaries, owners, shareholders, business units, parent company and websites:

The Hexadimensional group websites means all of www.hexadimensional.net including any page, part or element thereof, which is owned and operated by Hexadimensional.

The User means any person or entity that enters the Hexadimensional website and/or uses the Hexadimensional Products/Services, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products.

The User subscribes to and uses any service at your own risk.

INDEMNITY 
The User hereby undertakes to indemnify, defend and hold harmless Hexadimensional from any and all liabilities, obligations, claims or losses including any reasonable legal fees resulting from any claim or legal action whatsoever pertaining directly or indirectly to the provision of the Service brought against Hexadimensional by any party or authority. The provisions of this Article shall survive the termination of this Agreement.
In no event shall Hexadimensional be responsible for the information contained in any message, as Hexadimensional acts solely as carrier of the information contained in the message. Subject to the relevant laws, neither Hexadimensional nor our affiliates, employees, shareholders, agents or service providers are liable to the User or any third party for any damages suffered by the User or a third party howsoever arising, including (without limitation) any damages suffered by you due to:
*	negligence, or the negligence of our affiliates, employees, shareholders, agents or service providers
*	the User's use of a service;
*	any interruption of, or error in the service
*	Hexadimensional's failure to fulfill obligations as a result of uncontrollable events (see Force Majeure)
*	disclosure of your information.

The User agrees to indemnify Hexadimensional and it's affiliates, employees, shareholders, agents and service providers, against all third party claims, damages and legal costs howsoever arising from or relating to - The User's breach of these terms; any claims made by third parties by the User's use of a service.
Hexadimensional provides no warranties despite anything to the contrary in these terms, Hexadimensional provides all services "as is" and "as available" and doesn't warrant, represent or guarantee, whether expressly or by implication, that any service is free of errors or interruptions, always available, fit for any purpose, secure or does not infringe any third party rights.

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that systems are programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.

Networks or Operators may choose from time to time to not be part of our coverage or the coverage of our service providers. This may result in messages not being delivered. Please check with our support team for further information 

DB CONNECTOR
Hexadimensional provides for download on a trial basis a software application, db Connector, to extract information on the Users database environments into a messaging format with the extracted content then sent to our Gateway over SMPP for delivery to the intended recipient.

After the expiry of the trial period, the User will receive a permanent License Key subject to a pre-defined purchase of messages. This License key will allow the User unlimited use of dbConnector based on the users continued purchases of messages on the User's account.

The User agrees to recognize the db Connector application as an Interface between the Customers database and Hexadimensional's gateway. All programming and usage responsibilities remain with the User. No liability will be accepted by Hexadimensional for incorrect input of information, incorrect MSISDN format, incorrect Originator, multiple re-posting (duplication) or submission of SMS due to lack of database table space, unaudited databases, locked databases, opening of multiple instances and any other form of programming errors and incorrect inputs. The User therefore exonerates Hexadimensional of all liability to the use or misuse of db Connector.

The User acknowledge that Hexadimensional and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein. db Connector is a patented Product. The User engages themselves not to reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of db Connector. Any attempt to breach the patent, copyright and clone the product will result in litigation for damages from Hexadimensional. 

NUMERATOR
Numerator is Hexadimensional's number look-up service to confirm if MSISDN's (mobile recipient numbers) are valid or invalid (in use, switched off, or not valid).

The User's are hereby informed that there is a cost per Numerator query. The User will be assigned a pre-determined slab (pricing structure) dependant on quantity thresholds of number-lookups performed.

The Users will ensure that networks are covered for the MSISDN's which the User intends to perform the numerator query. 

The User will not be charged for MSISDN numbers not in the coverage list. Any numbers out of coverage will be classified as such. The out of coverage numbers may or may not be valid. Hexadimensional bears no responsibility on queries performed for invalid networks or networks not on the coverage list. 

Refunds will not be entertained. The understanding being that with a Numerator query there is an overhead on Hexadimensional's systems and that the User will be billed accordingly. 

The list of the networks covered is available on the Numerator interface or the attached pdf file which is available for download. It will be deemed the users responsibility in ensuring the numbers are in the correct format. 

Hexadimensional bears no responsibility for queries performed to validate numbers and resultant communications, whether in the form of SMS or voice, fail to deliver or be effected. 

The User agrees to use the Numerator service in the context of what it was designed for i.e. to confirm if an MSISDN is in use, and/or to clean contact groups of invalid numbers.

LICENSES AND APPROVALS
The User undertakes to obtain and maintain any licenses, permits or approvals that are required under the applicable laws for carrying out its business and for offering the services to terminated destination.

The User undertakes to indemnify Hexadimensional and keep it indemnified against all liabilities, losses, cost damages, expenses, demands, proceedings, claims and actions Hexadimensional may suffer or incur (including all legal and other charges and expenses which may be incurred) of whatever nature and howsoever arising as a result of the Users failure to obtain or maintain such licenses, permits or approvals pursuant to this article.

TRADEMARKS AND COPYRIGHT
The USER acknowledges and understands the copyright laws and their implications. All categories falling within the purview of local copyright laws shall be viewed broadly for the purpose of this Contract.

The USER shall be solely responsible to investigate the eligibility of what may be considered as a copyright work, and shall ensure having authority or legal permission in this respect, and submit a certified copy of such permission from the owner or licensee of such copyrighted work, before transmitting, storing, routing, reproducing, publishing such work, or commercial use of the information. 

The USER shall not list any contents in any way, shape or form, by use of the Service, without explicit authorization of the Party concerned. The substance of any new content added after the date of signature shall be submitted to Hexadimensional for approval; and Hexadimensional reserves the right to: 

(i) request further details, as may be required, with regard any questionable new content; and
(ii) disapprove any such new content which may be reasonably offensive to Hexadimensional.

The USER shall be solely responsible for any costs associated to the reproduction and transmission of any copyrighted material.

The USER shall be solely responsible for obtaining copyrights and trademark rights related to Logo and all Contents prior to forwarding the same to Hexadimensional.

Hexadimensional shall not verify, obtain or be responsible for breach of any such laws related to the contents provided by the USER under this Agreement.
The USER shall be solely responsible for the costs and consequences in the event of third parties' claim due to breach of any rights.

SENDER ID / ORIGINATOR
An Alphanumeric Sender ID or Originator consists of a maximum of 11 alphanumeric characters.

Hexadimensional reserves the right to grant an Originator for use with it's services. 

Hexadimensional reserves the right to cancel an Originator without notice if used for illegal or dishonest purposes of spoofing, impersonation, misrepresentation, illegal soliciting of funds, or any other violation to the Terms of the Agreement.

Hexadimensional reserves the right to request justifications or proof that Originators in use by the User belong to the User or the User has consent to use the Originator in question.

The User agrees to indemnify Hexadimensional in the event of any litigation resulting from any illegal use of an Originator (see Indemnity & Trade Mark & Copyright Responsibilities).

The Originator is not a guaranteed feature. Hexadimensional reserves the right to send any Users messages without an Originator or a pre-defined (default) Sender ID.

Originator's on Aggregator accounts are by default set to the root account Originator. 

Messages or their monetary value will not be refunded for errors on Originators exceeding 11 characters. The User shall respect this limitation. 

Messages in english greater than 160 characters, or messages in Unicode (ie Arabic, Chinese, Hindi etc.) greater than 70 characters will be sent as concatenated SMS messages, with the relevant, pre-agreed charges applicable for each constituent SMS of the concatenated SMS message.

Messages purchased will remain in the Users account. Hexadimensional reserves the right to close an account if there is no activity on the User account. 

FORCE MAJEURE
Neither of the Parties shall be liable for any failure or delay to perform any of its obligations hereunder if such failure or delay has been occasioned by any circumstances and conditions beyond a Party's reasonable control, which prevents that Party from fulfilling its obligations under the Agreement including, without limitation, labor strikes, wars whether declared or not, rioting, storms, government acts, and general shortages of materials or labor caused by a labor strike or event of a similar nature, not being such that the Party claiming Force Majeure could have reasonably foreseen its effects and made alternative arrangements. The negligence, willful act or omission of a Party, its directors, employees, servants or agents shall not constitute Force Majeure.

PRIVACY
Hexadimensional respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's account, which includes all of its contents, without the User's prior permission. However, this will not apply if Hexadimensional has to:
*	Conform to the statutory and/or legal requirements or comply with legal or due process
*	Protect and defend the rights or property of Hexadimensional;
*	Enforce this Agreement or protect Hexadimensional business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by Hexadimensional
*	Respond to the request for identification in connection with the claim of copyright or trademark infringement or any other illegal infringement by the Users or to a claim by a third party that the Users is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
*	Act to protect the interests of the Users or any others in general

The User agrees that Hexadimensional can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues. Hexadimensional reserves the right to disclose any information about the User to private entities, law enforcement or other government or regulatory officials by using our sole discretion, or if believed necessary or appropriate to address or resolve inquiries or problems. This will not be done for commercial purposes or gain from Hexadimensional as such.

The User hereby permits Hexadimensional to send him/her communication via email/SMS of any updates, upgrades, notices, or any other information that Hexadimensional deems important for the Users to know, relating to the Products and/or Services.

For those Users who make purchases at any of Hexadimensional's website, through our third-party payment processor, may collect IP address, browser version and other information about the software and hardware resident on the computer used to make the purchase. This information is passed on to and used by our third-party payment processor solely for purposes of authentication and security. By making a purchase at our websites you authorize such collection and use.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Hexadimensional has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. 

The User acknowledges that acceptance of this Privacy Policy is a condition to your use of Hexadimensional's services and you agree to be bound by all of it's Terms and Conditions. 

USER OBLIGATIONS
Hexadimensional expressly prohibits any unauthorized commercial use of the Products and/or Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through Hexadimensional's websites and services.

The Users acknowledge that Hexadimensional and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.

Hexadimensional provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:
*	Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products, Software and/or Services;
*	Modify, translate, or create distinctive and derivative works based on the Website, Content, Products and/or Services;
*	Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Products and/or Services;
*	Use the Products and/or Services for timesharing or to the benefit of a third party;
*	Remove any proprietary notices or label(s) that identify Hexadimensional Products and/or Services & Copyright.
*	Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
*	Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
*	Transmit any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
*	Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
*	Defames or slanders any person, or try to infringe upon any person's privacy rights;
*	Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
*	Interfere with or disrupt the networks connected to Hexadimensional or violate the regulations, policies or procedures of such networks;
*	Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to Hexadimensional;
*	Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
*	Engage in any other activity that Hexadimensional could believe may subject it to criminal liability or civil penalty or judgment.
*	Make any misrepresentation including (without limitation) deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance
*	Impersonate or attempt to impersonate or otherwise misrepresent an identity to any person for whatever purpose or create a false identity mobile phone address or number or header or Originator
*	change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes
*	forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service

Any breach of the above responsibilities & obligations by the User will be deemed a breach of the Terms & Conditions and may result in the appropriate actions by Hexadimensional. 



Payment Policy

Cash and Cheque Payments
This policy covers all forms of payment including but not exclusive to Swift/Telegraphic transfers, cash, cheque, demand draft payments and any other form of negotiable instruments.

In consideration for the use of Hexadimensional’s services, the Customer shall pay to Hexadimensional a pre-agreed transaction, subscription or rental payment (as appropriate) for services consumed or partially consumed using any available consumption method, at the applicable rate then in effect for the services. 

All payments are payable upfront (pre-paid). Payment shall be deemed to have been made as soon as the agreed or invoiced amount is available in Hexadimensional's bank account or, in the case of cheques, demand drafts, or any other form of negotiable instrument, when proceeds have effectively been cleared into Hexadimensional's bank account.

Credit/Debit Card Payment. 
This policy covers all forms of electronic payment including but not exclusive to credit/debit cards, e-payment (internet banking) transfers, and any other form of electronic payment through various channels. 

All amounts are pre-paid and the Customer agrees to payment and the Terms and Conditions of such payment when such payment is made. In the case of Credit/Debit Card payment the payment must be confirmed into the Merchant Account with the card-issuing authority processing the payments. 

If the User has elected to pay for the Service by credit or debit card, and Hexadimensional does not receive payment from the card issuer/processor, the Customer agrees to pay all amounts due, immediately upon demand. 

Agreements with the credit or Debit card issuer govern use of the Users credit or Debit card, and the User must refer to that agreement to ascertain their rights, responsibilities and liabilities as a cardholder.

Hexadimensional does not keep any credit/debit card information. Encrypted web-based payment methods directly to the card issuer/processor are used for all card based payments.

To reduce incidences of fraud and charge-backs Hexadimensional will limit the amount payable per credit/debit card transaction and user account to a maximum limit of NGN50,000.00 per User account per card daily.

The User is charged in NAIRA for all services payments and transactions. Hexadimensional reserves the right to come to other payment arrangements with Users on a case-by-case basis. 

Refund Policy
The User can request a refund of any unused purchases of services within 10 days of purchase. However, Hexadimensional does not refund:
*	rebranding charges
*	monthly hosting fees
*	virtual mobile number and/or short code rentals
*	other charges or rentals that you pay to us.
When refunds are requested, Hexadimensional will:
*	deduct charges for any messages sent
*	keep 10% of the amount to be refunded to the USer as an administration charge
*	keep any costs incurred to refund you (e.g. bank transfer costs/card payment processing costs).

Hexadimensional will not refund any amounts posted to sub-accounts belonging to the parent sub-account requesting the refund. The rationale being that the sub-account of the parent account has already paid for the services and therefore is free to consume the services paid for.

Hexadimensional reserves the right to transfer all sub-accounts to it's own parent account in the event of default of payment by a parent sub-account and/or failure to comply with the Terms & Conditions of Service and therefore this agreement.

Pricing Policy 
Hexadimensional publishes the rates for solutions, products and services in the Tariffs section of it's website. The rates published are indicative and are only final and binding after issuance of an Invoice or acceptance by the User of the service by selection or confirmation or by mutual consent in writing.

Hexadimensional reserves the right to adjust pricing for it's services from time to time. The User will recognize the fact that Hexadimensional is dependent on Networks, Operators and various 3rd Party organizations for effective rendering of services. Therefore pricing can be increased and/or decreased for services. Hexadimensional undertakes to notify the User of such adjustments in writing with changes taking immediate effect.

Should the User decline acceptance of the pricing adjustments for the service in question, a refund will be considered according to the Refund Policy terms.

Cancellation Policy
The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the User must carry out such termination in accordance with the policies and procedures established by Hexadimensional. 

Any cancellations of services must be done in writing with the User Account details and service description. The cancellation will then be effected within 24 hours.

If this agreement ends or a service is suspended or cancelled for any reason, the User is responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Upon ending and/or cancellation of a service or this agreement, for any reason the User must immediately stop using the service and remove all downloads, documentation and/or API's on any computer, database and server (local or remote) in your possession or under your control.

The User will forfeit any rights to benefits from sub-accounts.

Hexadimensional carries no obligation to the User after any termination or cancellation of a service or this agreement. 

Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to: contact {at} hexadimensional.net

APPLICABLE LAW AND JURISDICTION
This Agreement is subject to the laws of the Federal Republic of Nigeria. All disputes, differences or questions between the Parties with respect to any matter arising out of, or relating to, this Agreement shall be settled amicably between the Parties. Failing amicable settlement, the same shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria. 


For related enquiries or questions, please contact us at: contact {at} hexadimensional.net

For abuse, illegal use or incidents of spamming, please contact us at: support {at} hexadimensional.net


© Hexadimensional Corporation. 2010