TERMS AND CONDITIONS FOR TRIAL OF iBASIS SMS MONETIZATION EFFICENCY REPORT
I am agreeing to participate in a trial test of the Service, the details of which are described on iBASIS’ website for the Service (the “Specifications”).
I understand that in order to participate in a test of the Service, I must install the “TeamViewer Quick Support” remote access, management and support application on my Android mobile device or an Android mobile device over which I have control.
I represent and warrant to iBASIS that I have the requisite power and authority to cause the test to be lawfully conducted on the applicable mobile device on behalf of myself, the actual owner/user of the mobile device, and my/our respective employers, if the test is being conducted for the benefit of such employer(s).
Once TeamViewer is installed on the Android mobile device, iBASIS will contact me via the mobile device to ask for my permission to take control of the mobile device.
Once I have granted iBASIS such permission, iBASIS will install a testing application on the mobile device and conduct the test of the Service, as described in the Specifications.
Once the test is complete, iBASIS will remove the testing application and surrender control of the mobile device.
The test of the Service will take approximately 30 to 60 minutes.
Written results of the test of the Service will be provided to me by email within five (5) business days following the completion of the test.
While it is not required, iBASIS recommends I continue to monitor the mobile device while the test is on-going.
If this is a trial test of the Service requiring payment, I will be responsible for either (i) delivering payment in the required amount to iBASIS by wire transfer prior to the test of the Service occurring or (ii) ensuring iBASIS is paid when an invoice for the required amount is delivered to me/my employer in accordance with the existing written agreement between iBASIS and my employer (if any) following the conclusion of the test of the Service, all of which will be communicated to me separately by iBASIS.
iBASIS will use its access to the mobile device for the purpose of conducting the test of the Service and no other purpose.
Testing is conducted over the internet, only a small part of which is owned or operated by iBASIS, and as such, data transmitted in testing may be susceptible to access by unauthorized parties, for which iBASIS is not responsible.
iBASIS will conduct the test of the Service in accordance with the Specifications within commercially reasonable parameters, but iBASIS makes no representations as to the quality of the Service, that the test will meet any particular needs, or that the test or the Service will be free of errors, viruses, or other potentially harmful effects.
Other than as expressly stated herein, iBASIS makes no representations or warranties with regard to the test or the Service of any kind, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty arising out of usage of trade, course of dealing or course of performance. The test and the Service are provided “as is.”
• iBASIS will not be liable for any consequential, indirect, special, or incidental damages (including, without limitation, damages for lost profits, lost revenues, loss of reputation or goodwill, loss of anticipated savings, loss of customers, loss of data, interference with business, or cost of purchasing replacement services) for any cause of action, whether in contract, tort (including negligence, product liability, strict liability, or any other theory) or otherwise.
iBASIS’ aggregate liability hereunder shall be limited to one million dollars ($1,000,000.00 USD) or an equivalent amount in Euros (€).
This Agreement is governed by the laws of Geneva, Switzerland. The courts located in the city of Geneva, Switzerland shall be the exclusive forum for any action brought in connection with this Agreement.
