Buy Airtime or Data Bundles - Available Nationwide, Click on Banner to Buy Now!!!
PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH AIMEAGLES SMS MARKETING COMPANY also known as AIMEAGLES SMS, AIMEAGLES PORTAL, WHEREWECHAT, MYIMHOST/IMMACULATE HOST: OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE AIMEAGLES SMS MARKETING COMPANY SERVICES (THE "SMS SERVICE", COMMUNICATION, SHORT MESSAGE SERVICES, INFORMATION COMPUTER TECHNOLOGY ).
BY ACCESSING OR USING THE SERVICE ON THIS WEBSITE AND ON ANY AIMEAGLES SMS MARKETING COMPANY WEBSITES (world wide web), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS and all the TERMS AND CONDITIONS engulfed in any websites directly or indirectly owned or managed by AIMEAGLES SMS MARKETING COMPANY SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE AIMEAGLES SMS WEBSITES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED AND RENDERED DIRECTLY OR INDIRECTLY BY AIMEAGLES SMS MARKETING COMPANY.
AIMEAGLES SMS MARKETING COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
You will not use the services DIRECTLY OR INDIRECTLY offered and rendered by AIMEAGLES SMS MARKETING COMPANY to stalk or harass someone, or for any other activity that is deemed illegal or inappropriate by law.
We collect various client/user data points, including IP address for each text and call, sent using AIMEAGLES SMS MARKETING COMPANY PRODUCTS OR SERVICES on all AIMEAGLES SMS MARKETING COMPANY websites and will provide that information to law enforcement officials if and when asked to.
Acceptance of this Agreement
1. THE SERVICE
AIMEAGLES SMS MARKETING COMPANY provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on the Aimeagles SMS System. Aimeagles SMS MARKETING COMPANY may terminate, change, suspend or discontinue the SMS Service or any of its other products, including the availability of any features of the Site, at any time. AIMEAGLES SMS MARKETING COMPANY may from time to time provide and innovate additional services subject to charges according to the sole discretion of AIMEAGLES SMS MARKETING COMPANY.
No Guarantee or Endorsement
AIMEAGLES SMS MARKETING COMPANY does not guarantee or warrant the accuracy, suitability, reliability, completeness, or usefulness of the information, products, or services on the Website or the information, products, or services at other sites to which links are provided. Therefore, any use of or reliance upon information, products or services from this site or a linked site is at the account holder ‘s sole risk.
AIMEAGLES SMS MARKETING COMPANY does not endorse, approve, certify, or take responsibility for information or products provided on the Website or on other linked sites. Any reference to a person, product, service, publication or Website does not imply endorsement of that person, product, service, publication or Website.
Your account and use of the Website is subject to the following terms:
a) each time you use the Website you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or commercial entity you represent.
To be eligible to use the Services, you must meet the following criteria, and represent and warrant that you: (1) are the “Minimum Legal Age of your country of resident” (defined below) or older; (2) are not currently restricted from the Services by AIMEAGLES SMS MARKETING COMPANY or by your country or state law, or otherwise not prohibited by AIMEAGLES SMS MARKETING COMPANY or by your country or state laws from having accounts with, and in AIMEAGLES SMS MARKETING COMPANY websites, (3) are not a competitor of AIMEAGLES SMS MARKETING COMPANY or are not using the Services for reasons that are in competition with AIMEAGLES SMS MARKETING COMPANY; (4) you are responsible for protecting and securing your account and that you are responsible for any or all sms contents you posts or want to post or will be posting or sending on AIMEAGLES SMS MARKETING COMPANY Bulk SMS Portals.
Global account at any given time; (5) will use your 'Real Legal Name, we will be verifying your true identity by asking and demanding that you provide US (AIMEAGLES SMS MARKETING COMPANY) any of your own government IDs such as Driver Licence, National ID or International Passport including utility bill (prove of address) for KYC ("know your customers") purpose and only provide accurate information to AIMEAGLES SMS MARKETING COMPANY; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of AIMEAGLES SMS MARKETING COMPANY or third party, including intellectual property rights such as copyright or trademark rights; (8) agree to provide all equipment, software, mobile access, and internet access necessary to use the Services at your cost; (9) will not use the service to stalk or harass someone, or for any other activity that is deemed illegal or inappropriate by law.
2. MEMBER ACCOUNT
(A) Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by Aimeagles SMS Portal. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the Aimeagles SMS Portal Services are appropriate for your kids.
(B) To open an account for usage of the SMS Service, the User must provide true and accurate information as prompted by the Registration Form and shall promptly update such information to keep it true and accurate. The User shall signup with his/her name, physical address, email address, phone number and a username and the password will be sent to the user’s phone number and notification to user’s email address.
The User is entirely responsible for the privacy, confidentiality and storage of password (login details). All website activities that can be traced to the username and password of the User are deemed as having performed by User.
Aimeagles SMS Portal does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the SMS Service or Your Account and for any activities conducted through Your Account.
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of the SMS Service. All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. Aimeagles SMS Portal reserves the right to modify its prices, charges or fees.
User shall pay to Aimeagles SMS Portal a subscription fee according to the Plan chosen. The SMS account balance is 'non-refundable' and does not bear interest. All purchases are considered final. "Accounts" on Aimeagles SMS Portal do not expire; user can login to his or her account anytime any day to use AIMEAGLES SMS MARKETING COMPANY services and products.
Aimeagles SMS Portal may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. Aimeagles SMS Portal reserves the right to change prices or institute new charges and introduce new products for access to or use of the SMS ("short message services") Service. Continued use of the SMS Service or non-termination of User's Account after changes are posted constitutes User's acceptance of the prices as modified by the posted changes.
(B) Non-Aimeagles SMS Portal Fees:
Your wireless service provider or pager company may charge you;
(i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager
(ii) airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to the SMS Service, and/or
(iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such fees, and for any other hardware, service or other costs You incur to access Your Account, plus any applicable taxes. Users will be charged separately for use of the SMS Services in accordance with this Agreement and the terms set forth on this Site.
(iv) Aimeagles SMS Portal and Aim - Nu Blood Leaders Team at www.aimeagles.com will not be held responsible for lost of any monies paid to Aimeagles.com team members who default by not crediting your bulk SMS account as paid for.
Therefore, you are required to be cautious about the members you pay to for bulk SMS or get to know them well before dealing with them. alternatively, you can have your account officer (the Aimeagles.com team member/affiliate who referred you to this portal) credit your account first before releasing money to him/her.
(C) Payment: Recharge fees are prepaid, & are payable through credit cards, debit cards and Bank deposit. Aimeagles SMS Portal reserves the right to suspend or terminate your use of the SMS Service without notice upon rejection of any credit card charges, debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Aimeagles SMS Portal and as to which Aimeagles SMS Portal believes such payments were proper.
In addition, Aimeagles SMS Portal has the right to seek any fees, damages, expenses or the like arising from your failure to pay BBN for use of the SMS Service, including, but not limited to, fees charged to Aimeagles SMS Portal by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees.
You must promptly notify Aimeagles SMS Portal in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.
PLEASE BE ADVISED:
(i) You expressly agree that all charges for payment of the SMS Service are final and 'non-refundable'. You are responsible for all charges resulting from your use of the SMS Service. Once you sign up for the SMS and provide a form of payment, Aimeagles SMS Portal will not provide you a refund for any charge made on your credit card, debit card or any payments.
(ii) If you believe that you have been improperly charged for any Service, you must notify Aimeagles SMS Portal within 3 days of any invoice or credit card statement, provide Aimeagles SMS Portal any information necessary to review the claim, and Aimeagles SMS Portal will attempt to resolve the claim in a timely manner.
Aimeagles SMS Portal DOES NOT CONDO FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify Aimeagles SMS Portal, and you will be responsible for such unauthorized use or charges until you notify Aimeagles SMS Portal.
While you may choose to terminate your account voluntarily at any time, you will not have a right to any refund of any service fees or charges.
Aimeagles SMS does not accept credit from Users. All our Users are advised to refrain from embarking on any act, conduct or omission that may directly or indirectly indicate, instigate or infer that a User is requesting for all or any of our services on credit basis.
No User must harass, disturb, intimidate or harass all or any of Our Personnel on inquiries bordering on receiving or purchasing any of our services or products on credit basis. In any event where a User continually defaults in observing the obligation as stated herein, Aimeagles SMS may proceed to report such User before the relevant regulatory authorities who shall take up the necessary legal actions against the defaulter.
All purchases, and payments made on any AIMEAGLES SMS MARKETING COMPANY websites or bulk sms portals are subject to this refund policy. Any purchases and transactions you made on or for or towards any AIMEAGLES SMS MARKETING COMPANY websites or bulk sms portals are 'final and non-refundable'. Your account balance is also 'non-refundable' and has an 'expiry period of 6 months' from the last recharge date. AIMEAGLES SMS MARKETING COMPANY reserves the right to permanently suspend its services for customers who send phishing traffic. In such case, AIMEAGLES SMS MARKETING COMPANY will not offer that user ("you") any money or sms units refund.
Payments received by AIMEAGLES SMS MARKETING COMPANY for all or any of the services rendered via her platform to You or to anyone through your account are NONE-REFUNDABLE. However, AIMEAGLS SMS MARKETING COMPANY may only consider a refund for any services or subscription activated on AIMEAGLES SMS MARKETING COMPANY websites or Bulk SMS Portals where such services or products paid for have not been approved, supplied or is pending the approval of AIMEAGLES SMS MARKETING COMPANY.
No refund shall be processed by AIMEAGLES SMS MARKETING COMPANY except an application to process the refund is made within 5 days of making the payment. The request for any refund shall be reviewed and accessed in order to deduct any applicable service charge for the current billing month prior to the cancellation of the service in which case AIMEAGLES SMS MARKETING COMPANY processing of the refund shall be subject to a processing fees of the applicable bank charges or payment processors fee as may be effective at every such material time. A refund may take 24-48hours upon submission of the request.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service.
You may not use the SMS Service for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which could be libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person's rights of privacy or publicity
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of e-mail or any similar conduct.
(B)Aimeagles SMS Portal does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You.
User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that Aimeagles SMS Portal may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time.
You agree that Aimeagles SMS Portal has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that Aimeagles SMS Portal reserves the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that Aimeagles SMS Portal reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(F) User agrees that Aimeagles SMS Portal may terminate User's Account and use of the SMS Service (and other Aimeagles SMS Portal services) if Aimeagles SMS Portal believes User has in any manner:
(i) violated the terms and conditions of this Section 4
(ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by Aimeagles SMS Portal
(iii) violated this Agreement
(iv) provided Aimeagles SMS Portal false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
Aimeagles SMS Portal recognizes that our users have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to uses and disclosures of your personal information as enumerated in Aimeagles SMS Portal privacy policies, which are incorporated herein by reference.
With respect to User's Registration Information, User agrees to grant Aimeagles SMS Portal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in your Registration Information and any information You provide to Aimeagles SMS Portal or other users within the publicly accessible areas of the SMS Service or the Site, in any media now known or not currently known.
You understand that Aimeagles SMS Portal has no editorial control over any third party content and that Aimeagles SMS Portal does not guarantee the accuracy or completeness of any third party content. You agree that Aimeagles SMS Portal will have no liability to You, or anyone else who uses Your Account, with regard to any third party content.
Under no circumstances will Aimeagles SMS Portal be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service.
You also understand that the third party content is the proprietary material of Aimeagles SMS Portal and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the Nigerian copyright laws or comparable provisions of foreign laws.
7. MODIFICATION TO THE SERVICE
(A) User acknowledges that Aimeagles SMS Portal is dependent on various telecommunications networks and institutions for the delivery of its messages and that Aimeagles SMS Portal may adjust its prices and offering, should the prices be adjusted due to reasons that are not in Aimeagles SMS Portal control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You comprehend that Aimeagles SMS Portal may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the Aimeagles SMS Portal website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement.
In addition, Aimeagles SMS Portal reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion.
8. DISCLAIMERS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Aimeagles SMS Portal AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES AIMEAGLES SMS Portal OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. AIMEAGLES SMS Portal MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE.
USER WILL ALSO ACKNOWLEDGE THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, 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. AIMEAGLES SMS Portal AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK, & THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
(A) AIMEAGLES SMS PORTAL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, INJURY TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIMEAGLES SMS Portal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SMS SERVICE BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
(i) THE USE OR THE INABILITY TO USE THE SERVICE
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMS SERVICE OR THE SITE; OR
(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR USE OF THE SMS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE.
(B) AIMEAGLES SMS PORTAL SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SMS SERVICE GENERALLY, THE SITE, ANY OTHER AIMEAGLES SMS PORTAL SERVICE AND ANY ASPECT ANCILLARY THERETO.
(C) AIMEAGLES SMS PORTAL SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN AIMEAGLES SMS PORTAL AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS.
AIMEAGLES SMS PORTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN AIMEAGLES SMS PORTAL AND THE USER.
(D) AIMEAGLES SMS PORTAL TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SMS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO AIMEAGLES SMS Portal IN THE PRECEDING TWELVE MONTHS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING AIMEAGLES SMS PORTAL LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
10. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release Aimeagles SMS Portal (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless Aimeagles SMS Portal and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the SMS Service, or Your use of the SMS Service.
11. TERMINATION OF ACCOUNT
Aimeagles SMS Portal reserves the right to terminate Your Account and this Agreement for any other reason if Aimeagles SMS Portal gives You at least ten (10) days advance notice. Upon any such termination of Your Account, You will remain obligated to pay all outstanding fees and charges relating to Your use of the SMS Service before termination.
You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Aimeagles SMS Portal 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 Aimeagles SMS Portal shall not be liable to You or any third-party for any termination of Your Account..
The SMS Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that Aimeagles SMS Portal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Aimeagles SMS Portal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the SMS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that as a result of use of the SMS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights").
Except as expressly authorized, You agree not to violate the intellectual property rights of Aimeagles SMS Portal or any third party.
14. GOVERNING LAW ARBITRATION
The laws of the Federal Republic of Nigeria, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of the SMS Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed.
Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Nigeria, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules.
Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria.
The successful party to the arbitration or any litigation relating to this Agreement or the SMS Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof.
The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect.
This document and the pages referred to herein represent the entire agreement governing use of the SMS Service and supersede any prior or contemporaneous written or oral statements by Aimeagles SMS Portal or its representatives or resellers.
The failure of Aimeagles SMS Portal to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement may not be amended except as provided in Section seven (7) Aimeagles SMS Portal may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
1. Aimeagles SMS Portal Privacy Notice and Choices:
As set forth in the Conditions of Use, Aimeagles SMS Portal provides;
(a) Computing and information services
(b) Telecommunications services (including the Aimeagles SMS Portal Gateway) (collectively the "Services" or the " Aimeagles SMS Portal Services") to persons who join Aimeagles SMS Portal ("Members" or "Users" or "you").
As part of the registration process for the Services, you are asked to provide certain personal information and (if applicable) credit card or other billing information. The policy of Aimeagles SMS Portal is to protect the privacy of Aimeagles SMS Portal Members who are using any of the Aimeagles SMS Portal Services.
Please be aware, however, that as a condition of membership and use of the Aimeagles SMS Portal Services, Aimeagles SMS Portal requires Members to select areas of interest and thereby agree to receive marketing materials from Aimeagles SMS Portal or third parties related to those interests.
Members may choose at any time to opt-out of mailings on their profile, including during registration and when they receive any third-party mailings from Aimeagles SMS Portal; however, Aimeagles SMS Portal reserves the right to cancel the membership of Users in the event such a Member chooses to completely opt-out of all mailings.
Please recognize that it is the policy of Aimeagles SMS Portal to protect the privacy of its Members, and thus Aimeagles SMS Portal will only allow third parties to have access to information concerning Users ("User Information") in the following situations:
(i) AIMEAGLES SMS MARKETING COMPANY will provide access to certain User Information to third-party suppliers in order for them to perform certain functions for us as necessitated by the Member's use of any of the Services - for example, credit card numbers are sent to a credit card processing company for billing.
These suppliers are not authorized to release this information to other third parties.
(ii) AIMEAGLES SMS MARKETING COMPANY will disclose User Information in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations.
(iii) AIMEAGLES SMS MARKETING COMPANY is a commerce and advertising supported business and the availability of the Services depends substantially on its perceived value among marketers that pay for advertisements and retail opportunities through AIMEAGLES SMS MARKETING COMPANY portals or websites .
Marketers seek to direct advertisements and shopping opportunities to Members who have expressed interest in a category relevant to the offer. Accordingly, Aimeagles SMS Portal may provide User Information (name and email address, but never your credit/debit card information or other payment information) to third parties for purposes of providing you information about third party products, promotions and services that are likely to be of interest to Members.
Aimeagles SMS Portal reserves the right to cancel User's membership in the event a User chooses to completely opt-out of all mailings.
(iv) Aimeagles SMS Portal will disclose User Information if the User gives permission, requests products that require identifying information for fulfillment, or we are required to do so by law or regulatory authority.
Aimeagles SMS Portal may send Users periodic emails containing information about Aimeagles SMS Portal, administrative notices about a User's account (such as notices about pending activities), updates on new Service features, usage tips relating to the Services, information about Aimeagles SMS Portal or third party products and services that are likely to be of interest to you, and user satisfaction questions.
Aimeagles SMS Portal may also access user information for the following administrative purposes:
(a) To examine system accounting logs and other company records to resolve email and other system errors or problems.
(b) For billing purposes.
II. Credit Card Information:
If any person uses a credit or debit card to pay for any of the Services offered by Aimeagles SMS Portal requiring payment of a fee or fees, Aimeagles SMS Portal will continue to charge your account until you provide Aimeagles SMS Portal notice of termination of use of the service (in accordance with the Conditions of Use) and all usage fees have been paid.
Notwithstanding termination by a Member of the Premium User Services, Aimeagles SMS Portal will not refund any portion of the service fee. If you give us credit or debit card information for any other purpose or to pay for any other type of purchase, it will be used one time only to fulfill one order, and Aimeagles SMS Portal will not store your credit card information.
Each User is responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying Aimeagles SMS Portal of such use and taking steps to prevent its further occurrence. Further, each User agrees to be financially responsible for use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
III. Children May Not Use the Services Without Parental Permission:
Aimeagles SMS Portal adheres to the requirements of the Children's Online Privacy Protection Act of 1998 ("COPPA"). As such, children under the age of thirteen may not use the Aimeagles SMS Portal SMS Service (or other Services requiring payment of a fee) and must always ask parents or a legal guardian for permission, and provide verifiable consent of a parent or legal guardian, before becoming a member of Aimeagles SMS Portal and before sending any personal information to Aimeagles SMS Portal, or anywhere on the Internet.
All other children should always ask parents or a legal guardian for permission before sending any personal information to Aimeagles SMS Portal, or anywhere on the Internet. Parents are encouraged to spend time online with their children to become familiar with the types of content available through Aimeagles SMS Portal and over the Internet in general and to regularly oversee their children's use of email and other online facilities.
If Aimeagles SMS Portal determines that information has been provided by any child without permission of a parent or legal guardian, Aimeagles SMS Portal will immediately terminate the account and delete the information from our records.
IV. Aimeagles SMS Portal Information Practice, Access and Security:
C. We use third-party advertising companies to serve some ads when you visit our Site. Third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to this Site.
These companies may use information (not including your name, address, email address or telephone number) about your visits to the Aimeagles SMS Portal Site and other Web sites in order to provide advertisements about goods and services of interest to you.
D. Aimeagles SMS Portal will be aggressive in terminating accounts of users who violate Aimeagles SMS Portal Conditions of Use. If we must deny a consumer's application for service or terminate a consumer's relationship with us, in cases other than fraud or violations of any law, rule or regulation, we will provide upon request the reasons, nature, substance, and information Aimeagles SMS Portal used in the decision.
E. Aimeagles SMS Portal provides you access to your Profile information for the purpose of reviewing and/or updating such information. In order to view or make any changes to your Profile, go to the Aimeagles SMS Portal home page, log into your Aimeagles SMS Portal address and click on Aimeagles SMS Portal “View Account” link to access or update your directory information.
F. Aimeagles SMS Portal is concerned about protecting User Information (including any credit card information) and therefore we work to protect this information by utilizing all appropriate technology to prevent unauthorized access to the information you provide Aimeagles SMS Portal.
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL security for credit card submissions.
V. Aimeagles SMS Portal Employee Standards
A. Only those employees needed to carry out the business functions may have access to information on individual Aimeagles customers. We employ security techniques to safeguard User Information.
B. Each employee has a personal responsibility for maintaining Member confidence in Aimeagles SMS Portal. We train each employee on the Aimeagles SMS Portal Privacy Principles, and those violating these principles will be subject to disciplinary action, including dismissal in appropriate cases.
Aimeagles SMS Portal will employ rigorous technology and employee practices to ensure the highest possible standards of accuracy, completeness and timeliness.
VI. Conditions of Use and Revisions
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE AIMEAGLES SMS Portal WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.
C. The internet community is a rapidly changing environment and therefore Aimeagles SMS Portal may sell or liquidate its assets or its business or may purchase the assets or business of other companies ("business transfers").
In such transactions, user information generally is one of the transferred business assets and therefore Aimeagles SMS Portal Members should be aware that such business transfers may occur.
D. SMS's may only be sent to countries and networks under our coverage. Presently we only cover mobile networks available in Nigeria and some foreign countries.
E. AIMEAGLES SMS MARKETING COMPANY reserves the right to use phone numbers in users' address books only (not names) for SMS marketing. These numbers can also be shared with 3rd parties for the same purpose, HOWEVER WE ONLY USE OR SHARE NIGERIA PHONE NUMBER DATABASE.
AIMEAGLES SMS MARKETING COMPANY OFFERS NATIONWIDE ROUTES THRU ITS AFFILIATED FOREIGN SUPPLIERS AND PARTNERS WORLDWIDE BUT AIMEAGLES SMS MARKETING COMPANY DOES NOT SALE NOR SHARE OUTSIDE NIGERIA (FOREIGN) PHONE NUMBER DATABASES TO ANY THIRD PARTIES, AND DOES NOT USE ITS FOREIGN PATRONS NUMBER DATABASE FOR ANY SMS MARKETING PURPOSES EXCEPT NIGERIA PHONE NUMBER DATABASE
Data Processing Agreement Article Count: 0
This Data Processing Agreement (the “DPA”), entered into by the AIMEAGLES SMS customer (hereinafter “Customer”, “user”, “you”) and AIMEAGLES SMS MARKETING COMPANY (hereinafter referred to as “AIMEAGLES SMS Services”, “AIMEAGLES SMS Portal”, IMMACULATE HOST ONLINE SOLUTIONS, “The Service”, "Service Provider", “we”), governs the processing of personal data that Customer uploads or otherwise provides AIMEAGLES SMS in connection with the services and the processing of any personal data that AIMEAGLES SMS MARKETING COMPANY uploads or otherwise provides to Customer in connection with the services.
“Controller-to-Controller SCCs” means the Standard Contractual Clauses (Controller to Controller Transfers - Set II) in the Appendix to the European Commission Decision of December 27, 2004 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004D0915&from=EN, as may be amended or replaced from time to time by the European Commission.
“Controller-to-Processor SCCs” means the Standard Contractual Clauses (Processors) in the Appendix to the European Commission Decision of February 5, 2010 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=EN , as may be amended or replaced from time to time by the European Commission.
“Customer Personal Data” means Personal Data
- that Customer uploads or otherwise provides to AIMEAGLES SMS MARKETING COMPANY in connection with its use of AIMEAGLES SMS services;
- for which Customer is otherwise a data controller.
“Data Controller” means Customer.
“Data Processor” means AIMEAGLES SMS MARKETING COMPANY.
“Data Exporter” means the controller who transfers the personal data;
“Data Importer” means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
“Data Protection Requirements” means the Directive, the General Data Protection Regulation, Local Data Protection Laws, any subordinate legislation and regulation implementing the General Data Protection Regulation, and all Privacy Laws.
“Directive” means the EU Data Protection Directive 95/46/EC (as amended).
“EEA” means the European Economic Area.
“EU Personal Data” means Personal Data the sharing of which pursuant to this Agreement is regulated by the Directive, the General Data Protection Regulation and Local Data Protection Laws.
“General Data Protection Regulation” means the European Union Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Local Data Protection Laws” means any subordinate legislation and regulation implementing the Directive or the General Data Protection Regulation which may apply to the Agreement.
“Privacy Laws” means all applicable laws, regulations, and other legal requirements relating to:
- privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications;
- the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Personal Data.
“SCCs” means all Controller-to-Processor SCCs and Controller-to-Controller SCCs entered into between the parties under the Agreement.
“Subprocessor” means any entity which provides processing services to AIMEAGLES SMS in furtherance of AIMEAGLES SMS MARKETING COMPANY processing on behalf of Customer.
The terms, “Commission”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Nature of data processing
Each party agrees to process Personal Data received under the Agreement only for the purposes set forth in the Agreement. For the avoidance of doubt, the categories of Personal Data processed and the categories of data subjects, subject to this DPA are described in APPENDIX 1 to this DPA.
3. Compliance with laws
The parties shall each comply with their respective obligations under all applicable Data Protection Requirements.
4. Customer obligations
Customer agrees to:
- 4.I, Processing of Customer Personal Data
- Provide instructions to AIMEAGLES SMS and determine the purposes and general means of AIMEAGLES SMS MARKETING COMPANY processing of Customer Personal Data in accordance with the Agreement.
- 4.II, Security and Obligations
Comply with its protection, security and other obligations with respect to Customer Personal Data prescribed by Data Protection Requirements for data controllers by:
- establishing and maintaining the procedure for the exercise of the rights of the individuals whose Customer Personal Data are processed on behalf of Customer;
- processing only data that has been lawfully and validly collected and ensuring that such data will be relevant and proportionate to the respective uses;
- ensuring compliance with the provisions of this Agreement by its personnel or by any third-party accessing or using Customer Personal Data on its behalf.
4.III, Engage AIMEAGLES SMS MARKETING COMPANY of any other Subprocessors in accordance with paragraph 5.1 (hereby grants generally written authorization in accordance with Article 28 "General rules for data protection").
5. AIMEAGLES SMS MARKETING COMPANY obligations:
AIMEAGLES SMS agrees to;
5.I, Processing Requirements.
AIMEAGLES SMS will:
- Process Customer Personal Data (i) only for the purpose of providing, supporting and improving The Service, using appropriate technical and organizational security measures; and (ii) in compliance with the instructions received from Customer.
- AIMEAGLES SMS will not use or process the Customer Personal Data for any other purpose. AIMEAGLES SMS MARKETING COMPANY will promptly inform Customer if it cannot comply with the requirements under Sections 5-8 of this DPA, in which case Customer may terminate the Agreement or take any other reasonable action, including suspending data processing operations.
- Inform Customer promptly if, in AIMEAGLES SMS MARKETING COMPANY opinion, an instruction from Customer violates applicable Data Protection Requirements.
- If AIMEAGLES SMS is collecting Customer Personal Data from individuals on behalf of Customer, follow Customer’s instructions regarding such Customer Personal Data collection (including with regard to the provision of notice and exercise of choice).
- Take commercially reasonable steps to ensure that (i) persons employed by it and (ii) other persons engaged to perform on behalf of AIMEAGLES SMS comply with the terms of the Agreement.
- Ensure that its employees, authorized agents, and any Subprocessors are required to comply with and acknowledge and respect the confidentiality of the Customer Personal Data, including after the end of their respective employment, contract or assignment.
- If it intends to engage Subprocessors to help it satisfy its obligations in accordance with this DPA or to delegate all or part of the processing activities to such Subprocessors (according to the Appendix 1) with accepting this contract like as consent of Customer to such subcontracting, AIMEAGLES SMS shall inform the Customer of any intended changes concerning the addition or replacement of other Subprocessors, thereby giving the Customer the opportunity to object to such changes.
- Upon request, provide Customer with a summary of AIMEAGLES SMS MARKETING COMPANY privacy and security policies.
- Inform the Customer if AIMEAGLES SMS undertakes an independent security review.
5.II, Notice to Customer.
AIMEAGLES SMS will inform the Customer if AIMEAGLES SMS MARKETING COMPANY becomes aware of:
- Any non-compliance by AIMEAGLES SMS or its employees with Sections 5-8 of this DPA or the Data Protection Requirements relating to the protection of Customer Personal Data processed under this DPA.
- Any legally binding request for disclosure of Customer Personal Data by a law enforcement authority, unless AIMEAGLES SMS MARKETING COMPANY is otherwise forbidden by law to inform Customer, for example, to preserve the confidentiality of an investigation by law enforcement authorities.
- Any notice, inquiry or investigation by a Supervisory Authority with respect to Customer Personal Data.
- Any complaint or request (in particular, requests for access to, rectification or blocking of Customer Personal Data) received directly from data subjects of Customer. AIMEAGLES SMS MARKETING COMPANY will respond to any such request without Customer’s prior written authorization.
5.III, Assistance to Customer.
AIMEAGLES SMS will provide reasonable assistance to Customer regarding:
- Any requests from Customer data subjects in respect of access to or the rectification, erasure, restriction, portability, blocking or deletion of Customer Personal Data that AIMEAGLES SMS processes for Customer. In the event that a data subject sends such a request directly to AIMEAGLES SMS, AIMEAGLES SMS MARKETING COMPANY will promptly send such request to Customer.
- The investigation of Personal Data Breaches and the notification to the Supervisory Authority and Customer's data subjects regarding such Personal Data Breaches.
- Where appropriate, the preparation of data protection impact assessments and, where necessary, carrying out consultations with any Supervisory Authority.
5.IV, Required Processing.
If AIMEAGLES SMS MARKETING COMPANY is required by Data Protection Requirements to process any Customer Personal Data for a reason other than providing the services described in the Agreement, AIMEAGLES SMS will inform Customer of this requirement in advance of any processing, unless AIMEAGLES SMS MARKETING COMPANY is legally prohibited from informing Customer of such processing (e.g., as a result of secrecy requirements that may exist under applicable EU member state laws).
AIMEAGLES SMS will:
- Maintain appropriate organizational and technical security measures (including with respect to personnel, facilities, hardware and software, storage and networks, access controls, monitoring and logging, vulnerability and breach detection, incident response, encryption of Customer Personal Data while in transit and at rest) to protect against unauthorized or accidental access, loss, alteration, disclosure or destruction of Customer Personal Data.
- Be responsible for the sufficiency of the security, privacy, and confidentiality safeguards of all AIMEAGLES SMS personnel with respect to Customer Personal Data and liable for any failure by such AIMEAGLES SMS personnel to meet the terms of this DPA.
- Take reasonable steps to confirm that all AIMEAGLES SMS personnel are protecting the security, privacy, and confidentiality of Customer Personal Data consistent with the requirements of this DPA.
- Notify Customer of any Personal Data Breach by AIMEAGLES SMS, its Subprocessors, or any other third-parties acting on AIMEAGLES SMS MARKETING COMPANY behalf without undue delay and in any event within 72 hours of becoming aware of a Personal Data Breach.
6. Audit, certification
6.i, Supervisory Authority Audit.
If a Supervisory Authority requires an audit of the data processing facilities from which AIMEAGLES SMS processes Customer Personal Data in order to ascertain or monitor Customer's compliance with Data Protection Requirements, AIMEAGLES SMS MARKETING COMPANY will cooperate with such audit. The Customer is responsible for all costs and fees related to such audit, including all reasonable costs and fees for any and all time AIMEAGLES SMS expends for any such audit, in addition to the rates for services performed by AIMEAGLES SMS MARKETING COMPANY.
Customer may, prior to the commencement of Processing, and at regular intervals thereafter, audit the technical and organizational measures taken by AIMEAGLES SMS.
For such purpose, Customer may, e.g.,
- Obtain information from AIMEAGLES SMS MARKETING COMPANY.
- Request AIMEAGLES SMS to submit to Customer an existing attestation or certificate by an independent professional expert, or
- Upon reasonable and timely advance agreement, during regular business hours and without interrupting AIMEAGLES SMS MARKETING COMPANY business operations, conduct an on-site inspection of AIMEAGLES SMS business operations or have the same conducted by a qualified third party which shall not be a competitor of AIMEAGLES SMS MARKETING COMPANY.
AIMEAGLES SMS shall, upon Customer’s written request and within a reasonable period of time, provide Customer with all information necessary for such audit, to the extent that such information is within Processor’s control and AIMEAGLES SMS is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.
7. Data transfers
For transfers of EU Personal Data to AIMEAGLES SMS for processing by AIMEAGLES SMS MARKETING COMPANY in a jurisdiction other than a jurisdiction in the EU, the EEA, or the European Commission-approved countries providing ‘adequate’ data protection, AIMEAGLES SMS agrees it will:
- provide at least the same level of privacy protection for EU Personal Data as required under the U.S.-EU and U.S.-Swiss Privacy Shield frameworks;
- use the form of the Controller-to-Processor SCCs adopted by the EU Commission.
If data transfers under Section 7 of this DPA rely on Controller-to-Processor SCCs to enable the lawful transfer of EU Personal Data, as set forth in the preceding sentence, the parties agree that data subjects for whom AIMEAGLES SMS entity processes EU Personal Data are third-party beneficiaries under the Controller-to-Processor SCCs. If AIMEAGLES SMS is unable or becomes unable to comply with these requirements, then EU Personal Data will be processed and used exclusively within the territory of a member state of the European Union and any movement of EU Personal Data to a non-EU country requires the prior written consent of Customer. AIMEAGLES SMS shall promptly notify Customer of any inability by AIMEAGLES SMS MARKETING COMPANY to comply with the provisions of this Section 7.
8. Data return and deletion
The parties agree that on the termination of the data processing services or upon Customer’s reasonable request, AIMEAGLES SMS shall, and shall cause any Subprocessors to, at the choice of Customer, return all the Customer Personal Data and copies of such data to Customer or securely destroy them and demonstrate to the satisfaction of Customer that it has taken such measures, unless Data Protection Requirements prevent AIMEAGLES SMS MARKETING COMPANY from returning or destroying all or part of the Customer Personal Data disclosed. In such case, AIMEAGLES SMS agrees to preserve the confidentiality of the Customer Personal Data retained by it and that it will only actively process such Customer Personal Data after such date in order to comply with applicable laws.
9. Third party data processors
Customer acknowledges that in the provision of some services, AIMEAGLES SMS, on receipt of instructions from Customer, may transfer Customer Personal Data to and otherwise interact with third party data processors.
Customer agrees that if and to the extent such transfers occur, Customer is responsible for entering into separate contractual arrangements with such third party data processors binding them to comply with obligations in accordance with Data Protection Requirements.
For the avoidance of doubt, such third party data processors are not Subprocessors.
This DPA shall remain in effect as long as AIMEAGLES SMS MARKETING COMPANY carries out Personal Data processing operations on behalf of Customer or until the termination of the AIMEAGLES SMS Agreement (and all Personal Data has been returned or deleted in accordance with Section 8 above).
11. Governing law, jurisdition and venue
Notwithstanding anything in the Agreement to the contrary, this DPA shall be governed by the laws of the State of Lagos, NIGERIA and any action or proceeding related to this DPA (including those arising from non contractual disputes or claims) will be decided by the state and federal courts of the State of Lagos, Nigeria, and each party will be subject to the jurisdiction of those courts.
The data exporter is an individual or entity that has contracted with AIMEAGLES SMS MARKETING COMPANY for bulk sms marketing, digital marketing and advertising services. Activities relevant to the transfer include newsletters, promotions, market research, advertisements, offers, general updates, and communications regarding services offered by the data exporter.
The data importer is service providers that allows users to store, create, send, target, and track their campaigns.
The personal data transferred may concern the following categories of data subjects:
customers, clients, prospective customers and clients, students, donors, and employees.
Categories of data
The personal data transferred may concern the following categories of data: name, gender, birthdate, language, email address, telephone number, residence address, employer, business address, title, expertise, other demographic information, purchase history, and event attendance. Data will not include Social Security numbers or other national ID numbers, passwords, security credentials, or sensitive personal information of any kind.
The personal data transferred will be subjected to the following basic processing activities: storage; access to customer service in accordance with your use of features; abuse detection, prevention, and remediation; maintaining, improving, and providing of our Services.
Data exporter expressly authorizes data importer to respond to the following requests received directly from the data subjects: unsubscribes, updates to information, removal of information, or a block of that data subject’s information from being stored in data importer’s system.
Data exporter consents to subprocessing by the following subcontractors: