1. Introduction

Your use of SMS GRACE services presupposes that you fully understood and agreed that our services will be used for only legal and lawful purposes.

While we appreciate and value your use of SMS GRACE services, please note that SMS GRACE is not in any way responsible for any illegal or unlawful activity(ies) that may be carried out by clients out through it. The client understood that he/she is responsible for the wording(s) and content(s) of his/her message(s) and legal actions that may be taken by recipients for any reason(s).

1.1 You wish to use SMSGRACE services (meaning SMS and / or other services as provided under this Agreement; hereinafter “Service") By applying for the services using Our online registration form You are entering into this Agreement as a Paying Customer.

1.2 SMSGRACE is a subsidiary of GIG 06 SERVICES (RC215969)., a company whose principal place of business is at 28,Shipeolu Street, Onipanu Lagos,Nigeria (hereinafter “SMSGRACE”; “We”; Our”; “Us”).

1.3 You wish to use the Service and We are willing to make the Service available to You subject to and in accordance with the terms and conditions of the Agreement.

1.4 The terms and conditions of the Agreement:

1.4.1 Are the only terms and conditions upon which We are prepared to make the Service available to You; and

1.4.2 Shall govern Your access to and use of the Service and to the exclusion of all other terms and conditions.

2. Confidentiality and Data Protection

2.1 We will at all times keep confidential all information acquired as a consequence of the Agreement in respect of You or Your business, except for information already in the public domain or information which We are required to disclose by law, requested by any Regulator or reasonably required by Our professional advisors for the performance of their professional services.

2.2 You will at all times keep confidential all information acquired as a consequence of the Agreement in respect of Us, the Service, or any Network Operator, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by Your professional advisors for the performance of their professional services.

2.3 Each of us will comply with the Data Protection Act 1998 (the “Act”) and all regulations made under that Act in the processing of any personal data, including the mobile telephone numbers of Your end-user who will be sent messages as a consequence of making the Service and / or the Free Service available to You (such personal data referred hereto collectively as “End-User Data”), under or in connection with the Agreement. In respect of the End-User Data You appoint Us as a data processor in accordance with the Act and We agree to act only on and in accordance with your reasonable instructions in relation to the End-User Data and at all times to comply with obligations equivalent to those imposed on a Data Controller by the seventh Data Protection Principle of the Act. We shall not disclose End-User Data to any third part consultant or professional advisor other than where the disclosure is required for Us to be able to provide the services hereunder or to comply with legal obligations and subject always to Us entering or already having in place written contracts with the third party recipient of the End-User Data with terms no less stringent than the terms of this Agreement. Please note that Our full privacy policy is set out on our website at www.smsgrace.com.

3.Customer Charges and Payment

3.0 You agree to pay all Charges due to Us in respect of making the Service available to You and Your access to and use of the Service (“Customer Charges”) by the prepayment method and in accordance with the terms as set hereof.

3.1 You agree to pre-purchase Transaction credits for each time of the Agreement or such other period as is agreed between us, in which case We will allocate to You a corresponding number of Transaction credits for that period, 1 SMS message Transaction, for example, costing 1 corresponding unit Charge in Naira (#) AND Eurocent(subject to any variation thereof) and allowing You to send 1 SMS message using the Service. Each Transaction that You conduct using the Service will therefore reduce the value of the Transaction credits available to You by 1 corresponding unit Charge in Naira/eurocent depending on where you are transacting from with us (subject to any variation thereof and as agreed with Your account manager).

3.2 Any Transaction credits purchased by You are only valid for the period in respect of which they have been allocated and any additional Transactions in such period over and above Your allocation shall not be possible.