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General conditions

LINK Mobility - General Terms and Conditions (GTC)

General Conditions (GC) governing the Client’s use of and access to LINK’s Services

1. Introduction

These GTC form an integral part of the Contract entered into by LINK and the Client for the supply of LINK Products to the Client. Each Service Annex sets out the conditions applicable to the specific Products requested by the Client in accordance with this contract.

The Contract sets out the terms governing LINK’s supply of the Products and the Client’s use thereof. In case of any discrepancy between the provisions of the Contract, the order of precedence shall be as follows:

  • Service Agreement.
  • The Service Orders, of which the most recent shall take precedence.
  • The GTC (this document), available at https://en.360nrs.com/legal/general-conditions
  • The Data Processing Agreement (DPA), available at https://en.360nrs.com/legal/data-processing
  • Other documents in the order in which they appear in the Service Agreement.

In the event of a conflict between the Data Processing Agreement and other parts of the Contract, the Data Processing Agreement shall prevail for the purposes of LINK’s processing of Personal Data on behalf of the Customer.

2. Purpose

Subject to the conditions and payment of the price stipulated in the Contract, LINK grants the Client a non-exclusive, non-transferable, revocable and limited right to use and access the Products requested in the Service Orders in accordance with this contract.

The Services may be provided by LINK or by a Linked Entity of LINK.

Unless otherwise agreed, the Client will use the Services solely on its own behalf, from its own Account and for its own benefit. Subject to payment of the applicable fee, a Services Annex may include access rights for one or more of the Client's Affiliated Entities.

All infrastructure and equipment required to access and use the Services, including hardware, internet access, etc., must be obtained by the Client at its own expense and risk.

If the Client relies on third-party products to use the Services, it is the Client’s responsibility to enter into the necessary agreements related to such third-party products, and the Client shall be solely responsible for their use.

3. Definitions

  • By “Account”means the tool to access the Platform made available to the Client for its use of the Services. Users may access an Account through credentials, if the Client has authorized access to such Account.
  • By “Affiliated Entity”means, with respect to either Party, another party that directly or indirectly controls, is controlled by, or is under common control with such Party. For the purposes of the foregoing, “control” means the holding of 1) more than 50% of the voting rights to elect the company’s directors, or 2) ownership of more than 50% of the company’s capital.
  • By “Contract”means the Service Agreement, these GTC, all annexes listed in the Service Agreement, the Service Annexes, and any supplements or modifications.
  • By “Channel”means the communication channel chosen by the Client to transmit Content, such as SMS, RCS, email, OTT, or others.
  • By “Confidential Information”means any stipulation of the Contract, any oral or written information that one Party communicates, before or after the signing of this contract.
  • By “Content”means any information, including executable code or any multimedia message comprising text, audio or video clips, numerals, symbols...
  • By “Customer”means the legal entity that, together with LINK, has entered into the Agreement.
  • By “Direct Access via the Web”means access to a Product through the Web, without using the Portal.
  • By “Effective Date”means the date of the last signature affixed to the Contract.
  • By “Electronic Communications Networks”means the transmission systems that allow the transmission of signals by cable, radio, optical media...
  • By “Electronic Communications Services”means the transmission of content using electronic communications networks...
  • By “End User”means the recipient or sender of a Message with whom the Client communicates through the Products.
  • By “Message”means a message composed of numbers, and/or text, and/or audio, and/or video, and/or other Content...
  • By “Operator”means a Channels provider; herein, any provider of Electronic Communications Networks or Electronic Communications Services.
  • By “Party”means the LINK entity signing this document (hereinafter, “LINK”) and the Client.
  • By “Platform” or “LINK Platform”means the technological infrastructure that enables the implementation, operation, and management of the Products.
  • By “Product”means the one specified in the applicable Service Annex and includes one or more Services.
  • By “Portal”means a web-based user interface that provides direct access to the Services.
  • By “Service Annex”means the description of the Product(s) chosen by the Client with the agreed economic conditions.
  • By “Services”means those described in the Service Annex and may include one or more of the following...
  • By “Transmission” (or “To Transmit”)means the process in which Content moves between the sender and the receiver.
  • By “User”means a person who has been authorized by the Client to access the Account and use the Products on behalf of the Client.

4. Permitted Use

The Client agrees and acknowledges that any use of the Products (and the respective Services included) shall be subject to the following conditions:

  • a) The Customer shall use the Products in accordance with the terms of the Contract, and the Content distributed, displayed, communicated, or made available through the Customer’s use shall at all times comply with applicable law.
  • b) In relation to LINK, the Customer shall be considered solely responsible for initiating the Transmission, designing the Messages, and selecting the End User through the use of the Customer Account.
  • c) The Client is solely responsible for the selection of the End User and for providing LINK with the correct contact information of the End User, namely the mobile phone numbers, email address, etc., depending on the Channel chosen by the Client. Any costs incurred as a result of the End User being incorrect, the End User’s contact information being incorrect or the sending of Messages under this contract to non-existent or incorrect recipients, shall be borne by the Client. The Client’s relationship with third parties is managed by the Client outside the scope of this contract.
  • d) The Customer shall ensure that all rights, authorizations, licenses, consents, and permissions required under applicable law have been obtained or granted.
  • e) The Customer may not use the Products to send Messages that violate applicable law or Operator policies, such as fraudulent or unsolicited Messages. Such Messages may be subject to fines, agreed penalties, or other sanctions.
  • f) The Customer shall use the Products in accordance with each Operator's policies, as well as with the usage instructions and other policies and guidelines provided by LINK.
  • g) The Customer shall not permit any use related to communication via unregulated channels (such as P2P).
  • h) The Customer is responsible for all activities carried out under the Customer Account, regardless of whether such activities are authorized by the Customer or are carried out by the Customer, its employees, or a third party (including contractors, agents, or End Users). The Customer is responsible for properly configuring and using any Product and for taking appropriate steps to secure, protect, and back up its Account and Content in a manner that ensures appropriate security and protection, which may include using encryption to protect Content from unauthorized access and routinely archiving Content. The Customer shall ensure that Account information is retained and treated as Confidential Information. If Account information is made available to third parties, or the Customer becomes aware of any other issue that may compromise the security and integrity of the Products, the Customer shall immediately change the Account information and notify LINK.
  • i) Both LINK and the Customer warrant that they comply with all applicable due diligence requirements under law, pursuant to the EU Corporate Sustainability Reporting Directive, and will provide information related to the management or outcome of such due diligence to the other party to the extent such information is required by applicable law.
  • j) Both LINK and the Customer warrant that neither they nor any natural or legal person having direct or indirect control over them, as defined in applicable law, are subject to any economic, commercial, or financial sanction, export control, or other restrictions administered or enforced by the United Nations, the European Union, the United States of America, or any other relevant jurisdiction (the “Sanctions”). If, at any time, LINK, the Customer, or any person having direct or indirect control over them becomes subject to any Sanction that prohibits or restricts the performance of the Agreement by either party, or if performance of the Agreement poses a risk of any Sanction, both parties may suspend or terminate the Agreement with immediate effect.

The Client agrees and understands that any costs or losses incurred due to the Client’s failure to meet the requirements of this clause shall be borne entirely by the Client. Such costs or losses shall be invoiced to the Client in accordance with LINK's usual billing procedures.

5. Temporary Suspension

LINK may, without prior notice and with immediate effect, suspend the Client’s access to or use of the Products if a) LINK has reasonable grounds to suspect that the Client’s use of the Products violates the Contract or applicable law, b) the Products or LINK’s technical infrastructure may be at risk, or c) LINK receives a court order or similar request from a third party, such as an Operator or public authority, requiring such action or suspension.

In the event of non-payment, LINK reserves the right to suspend the Customer’s access to and use of any Product if the outstanding payments are not settled within five (5) days (excluding weekends and public holidays) from receipt of LINK’s notification to that effect. LINK shall notify the Customer as soon as possible of the suspension, the reason for it, its likely duration, and any other information the Customer reasonably requests. Suspension for the reason set forth in this clause does not release the Customer from its obligation to pay all amounts owed under the Agreement for the remainder of its term.

6. Delivery Timeframe

The Client will receive credentials that will allow access to the Products, including username and password. If the Client does not notify in writing any defects within 14 days, the Product, along with the respective Services, shall be deemed delivered and accepted by the Client.

7. Service Levels

LINK shall employ sufficient and necessary expertise to ensure its compliance with this contract and shall provide the Services with the appropriate knowledge and due diligence.

Unless otherwise agreed in a Service Level Agreement, Service Availability shall be 98% based on the preceding twelve (12) months. The Client is not entitled to any compensation or indemnity due to a reduction in Service Availability. If Service Availability falls below 98% over the preceding twelve (12) months, the Client shall have the right to terminate the Agreement with immediate effect. However, the Client shall not be exempt from fully paying for all usage up to that point.

8. Payment and Billing

Consideration

The Parties have agreed to the payment of the consideration for the Products as specified in the Service Annex or in any other annex to the Contract.

Amounts payable under the Contract in respect of the Products shall not include VAT or any other applicable tax or duty on such amounts, and the Client agrees to pay LINK the amount corresponding to any VAT or other indirect tax or fee properly chargeable to the Client by LINK as set forth in the relevant invoice.

If withholding tax is required under the legislation of the country of origin on amounts payable to LINK under this contract, the Client shall gross up the amounts paid to LINK so that LINK receives, after the withholding or tax deduction, the full amount it would have received had such withholding or deduction not been made.

Billing

Unless otherwise agreed, the following shall apply:

  • If applicable, a service setup fee will be invoiced upon signing this contract.
  • User-based charges (traffic fees), other recurring charges, and compensation for related Services shall be invoiced monthly.
  • Invoices shall be paid within 14 days from the date of the relevant invoice issued by LINK, unless otherwise agreed.
  • If possible, depending on local regulations, invoices will be issued to the Client in the applicable electronic format. Otherwise, invoices will be sent by email or regular mail.
  • LINK reserves the right to add an invoice fee in accordance with the applicable price list.

Deposit

As a guarantee of payment of outstanding amounts to LINK in connection with the Agreement (e.g., user-related charges), the Client shall pay a deposit.

This deposit will typically amount to three (3) months of estimated use of the Services, although the amount will depend on the type of client, their creditworthiness, and the intended usage.

The deposit is exempt from VAT, but if the deposit is used to settle any outstanding payment, the applicable VAT will be charged.

Upon termination of the Agreement, the deposit will be returned to the Client provided that LINK has received full payment of all amounts due.

The deposit will be paid into LINK’s regular bank account, and the Customer will not receive any interest on such deposit.

Billing Rules

  • The Client will be billed based on the number of Messages sent to or from the Client’s Account.
  • SMS messages longer than 160 characters, or 70 characters if special characters requiring Unicode are used, will be split into multiple partial messages.
  • The Client will be charged the full unit price for each partial Message.
  • In the event of Operator downtime, Messages will be routed through an alternative path whenever possible.
  • If such routing change occurs, LINK shall be entitled to charge the Client an additional cost per Message for the change in routing.

Price adjustments

LINK may make price adjustments as a result of increases in prices applied by Operators, charges from national regulatory authorities, or variations in foreign exchange rates, with prior notification of up to 30 (thirty) days.

Prices shall be subject to annual adjustments equivalent to the increase in the Consumer Price Index (CPI) or another national index applicable in LINK’s country.

The applicable index is available at https://www.linkmobility.com/legal/terms-and-conditions and forms an integral part of the Agreement.

Other price adjustments will be notified in writing to the Client at least thirty 30 (thirty) days before the price adjustment is made.

In the event of any other increase, the Client may terminate the Agreement upon giving thirty (30) days' prior notice.

Late payment interest

Late payment of amounts owed under the Agreement will accrue default interest at the highest applicable rate under the legal rules on late payments.

Deadline for submitting claims

Claims must be submitted to LINK no later than two (2) months after the billing date.

If permitted by applicable law, no claim or action may be brought against LINK once that period has expired.

Billing Company

Invoicing may be carried out by LINK or by a Linked Entity of LINK.

For such cases, LINK confirms that the Customer’s payment of an invoice that references a specific contract will constitute proper payment in relation to the relevant Contract.

Prepaid mode

The customer may pay LINK the price, taxes, and all other amounts arising from the services provided by means of advance payment.

Fees will be calculated based on the price updates made available by LINK to the client from time to time.

All recurring and one-time fees may be deducted prior to service delivery, and all non-recurring fees may be deducted after the applicable service is provided.

Payments received from the client will be deposited in the currency selected during account creation with LINK’s assistance.

LINK may deduct or offset from the client's credit balance any amount owed to LINK, such as fees, taxes, penalties, compensations, and in the currency selected by the client and from the same credit balance.

The customer shall not earn interest on any credit balance held by LINK.

The customer shall forfeit any right to a credit balance (i) after 15 months from the date of payment or (ii) if the agreement has been terminated by LINK due to the customer's breach of contract.

If the client chooses to add funds to their account via credit card and use those funds to pay due fees, they are responsible for ensuring that the funds cover the charges.

If the Client’s credit card declines a charge for the due fees, LINK may suspend the provision of Services to all their accounts until the outstanding fees are paid in full.

The client is prohibited from creating new accounts until all outstanding fees are paid in full.

9. Marketing Activity and Trademarks

LINK may use the Client’s brand or other distinctive signs in connection with marketing activities only after obtaining, in each case, the Client’s written consent regarding the form, content, and platform of the marketing activity.

10. Intellectual Property Rights

Client's Intellectual Property Rights

All Intellectual Property Rights owned by the Client as of the Effective Date, and all rights to the Client's existing technology, products, and works, together with all associated materials accompanying them as of the Effective Date, shall remain the exclusive property of the Client or the Client’s licensor.

All rights to the Client Content shall remain with the Client or its licensor. Unless otherwise agreed for specific Services, the Client's uploading or otherwise providing Content through the use of the Products shall not constitute a transfer of such Client Content.

The Client grants LINK the right to use the Client's Content solely to the extent necessary to fulfill LINK’s obligations to the Client under the Agreement.

LINK's Intellectual Property Rights

All Intellectual Property Rights owned by LINK as of the Effective Date, and all rights to LINK's existing technology and works, together with all associated materials accompanying them as of the Effective Date, including, without limitation, rights to the Products, shall remain the exclusive property of LINK or LINK’s licensors.

All rights to the Intellectual Property Rights over the Product and any other material provided by LINK to the Client during the term of the Agreement shall remain the exclusive property of LINK or LINK’s licensors.

11. Liability and Disclaimer

Breach notification

The Client must notify LINK of any breach of Contract as soon as possible and, in any case, within a maximum period of seven (7) days from the occurrence of the incident alleged to constitute a breach.

Disclaimer of warranties

The Products and respective included Services are provided “as is.” To the extent permitted by law, LINK disclaims all warranties, whether express or implied, statutory or otherwise, including but not limited to warranties of functionality, fitness for a particular purpose, or non-infringement.

LINK does not guarantee that the Products are error-free, that their use will be uninterrupted or error-free, or that they are free of viruses. The Client acknowledges and confirms that Messages may not reach the intended recipient and that the Client assumes all risks related to the use of the Products.

For the avoidance of doubt, LINK states that it has no control over the performance of the Operators’ Electronic Communications Networks and makes no representations or warranties regarding the capacity of the Operators’ systems, message performance, response times, or delivery.

Limitation of Liability

The Responsible Party shall indemnify the Affected Party for economic losses caused by breach of the Contract, within the limits set forth in this clause.

LINK shall not be liable to the Client, Users, or any third party for errors or delays beyond LINK’s reasonable control, including general Internet or line delays, power outages, or failures or interruptions in any Operator’s equipment or networks.

Neither Party shall be liable to the other for any indirect, consequential, special, exemplary, or punitive damages (including damages for loss of data, revenue, or profits), whether or not foreseeable, arising in connection with this agreement, regardless of whether the liability is based on breach of contract, tort, warranty, or any other theory, and even if the Party was previously advised of the possibility of such damages.

The maximum total liability of either Party to the other shall in no case exceed the consideration paid by the Client during a period of 12 consecutive months prior to the date of the Claim, excluding the Operator’s fees for the Client’s Message transactions.

12. Indemnity Agreement

Indemnity Agreement by LINK

LINK shall, at its own expense, resolve or defend through legal or extrajudicial means and fully indemnify the Client against any cost, loss, damage, or liability claimed through any lawsuit, demand, or other legal proceeding filed against the Client alleging infringement of third-party Intellectual Property Rights, provided that (i) the Client promptly notifies LINK in writing of such claim, demand, action, or proceeding; and (ii) LINK is granted control over the legal defense or settlement and the Client cooperates in such defense or settlement.

If a claim, suit, action, or legal proceeding is brought for an alleged infringement against LINK, or LINK reasonably believes such a proceeding may be initiated, LINK may, at its own expense, choose to (i) modify the Product to avoid the infringement claim, while maintaining substantial compliance with the Agreement; (ii) obtain for the Client, at no cost, the right to continue using the Product under the Agreement free from liability or restriction; or (iii) if neither option is commercially feasible in LINK’s reasonable opinion, terminate the Agreement with immediate effect upon notice to the Client.

LINK shall not be liable for claims arising as a result of:

  • a) modifications of the Product by the Customer or any third party.
  • b) the combination or use of the Product with equipment or software of the Customer or third parties not provided by LINK, if such claim would not have occurred without such combination or use.
  • c) modification of the Product by LINK in compliance with specifications provided in writing by the Customer.
  • d) the use of any version of the Product other than the most recent one provided to the Customer by LINK, if the use of the latest version would have prevented the infringement.
  • e) use outside the scope of the rights granted to the Customer in the Agreement; or
  • f) a third party’s allegation that the Customer violates, misuses, or otherwise infringes any Intellectual Property Rights of such third party in relation to third-party technology or content included in the Product.

The provisions of this clause establish LINK’s sole liability and the only rights and remedies available to the Client in the event of a claim for infringement of third-party Intellectual Property Rights.

Indemnity Agreement by the Client

The Client shall indemnify and hold LINK harmless from all damages, costs, losses and expenses arising from (i) third-party claims that the Client’s use of any derivative work created through the use of the Products or Content infringes their Intellectual Property Rights, (ii) breaches by the Client of the provisions in clause 13 (Confidentiality), (iii) breaches of the Contract terms regarding Intellectual Property Rights, (iv) the Client’s use of the Products or Content contrary to the terms and conditions of third-party providers, or (v) the Client’s failure to comply with the permitted use requirements or warranties.

13. Confidentiality

The Parties may not use or disclose to any person, during or after the Term, any Confidential Information except for the purposes of administration and fulfilment of the rights or obligations acquired by the Parties under this contract or as required by law or regulation.

The Parties shall maintain, protect, and treat as confidential the Confidential Information belonging to the other Party with a level of care at least equivalent to that used to protect their own Confidential Information.

The following shall not be considered Confidential Information:

  • a) that was already in the possession of the receiving Party without being subject to any confidentiality obligation;
  • b) legitimately provided to the receiving Party by a third party other than a third party related to this contract, where there has been no breach of any independent confidentiality undertaking; or
  • c) that was already public knowledge without any breach of the Agreement.

14. Term and Termination

Term

The Contract shall take effect on the Effective Date and remain in force for an initial period of 12 months. The initial term for each Service Annex shall be 12 months, unless a different term is agreed in the Service Annex. After the initial term, each Service Annex shall remain in effect until terminated by either Party with at least three (3) months' written notice or as specified in the Service Annex. The Contract shall remain in force as long as one or more related Service Orders remain valid.

Termination for justified cause

Either Party may terminate the Contract or a Service Annex if the other Party commits a material breach of the Contract or the applicable Service Annex and fails to remedy it within 30 (thirty) days after the other Party has notified the Defaulting Party of such breach. The Contract or a Service Annex may be terminated by LINK if the Client fails to make any payment due under this contract on its due date and fails to remedy such non-payment within 30 (thirty) days after being notified of such non-payment.

Either Party may terminate the Agreement by written notice to the other Party if such other Party is declared insolvent or unable to pay its debts when due, or is subject to a voluntary or compulsory liquidation procedure.

Obligations of the Parties in case of termination

Before termination of the Contract, the Client shall be given sufficient access to the data transferred to LINK’s systems during the Client’s use of the Products, so that they may retrieve such data before the termination date. If the Client requires additional access or transfer possibilities after termination, LINK may provide limited access to such data during the 30 (thirty) days following termination, upon request. After expiry of this period, LINK shall delete the Client’s data.

All charges related to Services provided prior to termination shall be paid in accordance with the provisions of the Agreement and the applicable Service Annex.

15. Independent Contracting Parties

The relationship between the Parties arising from the Contract shall not constitute or create any type of joint venture, partnership, employment or franchise relationship between them, and the Parties enter into this as independent parties in the execution of the Contract. This contract shall not be construed as limiting LINK’s marketing or distribution activities or LINK’s right to sell, license or supply the Products to any third party.

16. Changes to Products and Services

LINK reserves the right to make adjustments and changes to the Products and Services by notifying the Client with sufficient advance notice.

17. Assignment

LINK may assign, in whole or in part, its rights and obligations arising from the Contract to an Affiliated Entity without the need to obtain the Client’s prior written consent. To avoid any interpretive doubt, the Client accepts such assignment and no further declaration of consent from the Client shall be required.

No other transfer or assignment may be made without the prior written consent of the other Party, which shall not be unreasonably withheld.

Notwithstanding the foregoing, access to the Products may be agreed upon for the Client's affiliated entities in a Service Annex, provided that the Client remains fully responsible towards LINK.

18. Force Majeure

In no event shall either Party be liable to the other for any delay or failure to perform under this Agreement where such delay or failure results from causes beyond the reasonable control of such Party, including, without limitation, government restrictions, decisions of stock exchange or market regulators, strikes, sabotage, blockades, embargoes, riots, acts or orders of government, acts of terrorism, war, network outages by any Operator or Internet service provider, power failures, epidemics, floods, earthquakes, fires, or other natural disasters.

In any of these cases, the Parties agree to exercise the highest possible degree of commercial diligence to resolve the delay or non-compliance.

To invoke the provisions of this clause, the Party invoking a force majeure event must inform the other Party in writing within five (5) days of its occurrence.

If the force majeure event continues for a period exceeding two months, either Party may terminate this contract by giving the other Party prior written notice of fourteen (14) calendar days.

19. Notices

Notices, requests, or other communications under the Contract must be made in writing (including email) and shall be deemed duly given if delivered by hand, by postal mail, or by email to the address of the other Party specified in the Service Agreement.

In the event of a change in contact details, the relevant Party must notify the other Party in writing at least ten (10) calendar days prior to the effective date of the change.

If the respective Party has not notified the change as stipulated herein, all notices sent to the contact details indicated in the Service Agreement shall be deemed duly made.

20. Changes After Signing

The addition of Products or changes to Products contracted during the term of the contract shall require the formalisation in writing of a new Service Annex to be signed by the Parties and which may be subject to an additional fee. The Client may submit a change request to LINK, although no new Service Annex shall be binding on LINK until it has been signed by both Parties.

In addition to the price adjustments provided for in clause 8, LINK reserves the right to update or modify these GTC, after notifying the Client. The Client shall be deemed to have accepted the modifications if no objection is sent to LINK within 30 (thirty) days of the notification. If the Client objects to the change, LINK shall have the right to terminate the Contract as of the effective date of the changes.

21. Ethical Business Conduct

Each Party agrees and undertakes with the other Party to have and maintain adequate processes and procedures to ensure that neither it nor its Affiliated Entities engage in any illegal or ethically questionable business practice; and, in particular, undertakes not to accept or agree to accept, request, receive, offer or agree to offer, any gift or consideration of any kind or any other illegal expense related to political activity to/from any person as an incentive or reward for doing or refraining from doing or for having done or refused to do any act in relation to the performance of this contract and not to involve or cause the other Party to become involved in any action that is, or may be deemed to constitute, a bribe of public officials.

Each Party undertakes to ensure compliance with all applicable legislation, legal instruments and regulations relating to the fight against slavery or human trafficking and any similar or equivalent legislation in any jurisdiction relevant to the performance of this contract. Each of the Parties shall comply with all relevant local, national and international laws and regulations, standards, guidelines and best practices on sustainability issues, in particular, standards at least equivalent to those established by the United Nations Guiding Principles on Business and Human Rights: Implementation of the United Nations 'Protect, Respect and Remedy' Framework and the OECD Guidelines for Multinational Enterprises, as applicable.

Failure to comply with the agreements set forth in this Clause shall constitute a material breach of the Contract.

22. Waiver of ECS Rights

In accordance with the provisions of the EECC, if the Client is a microenterprise, a small business, or a non-profit organization, it hereby agrees to waive the right to:

  • that the Agreement is made available to you on a durable medium;
  • that a summary of the Agreement is provided to you; and
  • to be notified when the use of the Services based on volume or time limits reaches the contracted usage limits, if applicable in accordance with the Service Annex.

Furthermore, the Client may establish a commitment period. If this period exceeds the maximum legal term, the Client hereby waives the right to a shorter commitment period.

23. Right of Withdrawal for Non-professional Clients

A customer who is a consumer (a natural person acting for purposes outside their commercial, industrial, craft, liberal professional or agricultural activity) has a right of withdrawal of 14 calendar days from the date of subscription to one of the Services.

To exercise this right, the Customer must notify their decision to withdraw through an unequivocal statement, by registered mail with acknowledgment of receipt, sent to the following address: Net Real Solutions S.L.U. Avda. Arcadi García Sanz, 19 - 1ºA, Vila-real, Castellón, 12540, Spain.

It is expressly specified that, even in the case of a purchase upon entering into the Contract, the purchase of prepaid messages is not subject to a right of withdrawal for the amount of messages consumed by the Consumer before NRS receives the certified letter notifying the Client’s withdrawal.

24. Applicable Law and Jurisdiction

The Contract shall be governed by and construed in accordance with the laws of the country where LINK has its registered office (excluding conflict of law rules).

Disputes, conflicts, or claims arising in connection with the Contract shall be resolved, where possible, through good-faith negotiations.

If the dispute is not resolved amicably between the respective contacts of the Parties as set out in the Service Agreement – or other representatives appointed by each Party – within fifteen (15) days, the Parties shall submit the dispute, conflict, or claim to their senior representatives (e.g., CEO, managing director, or equivalent).

If the respective senior representatives of the Parties are unable to resolve the dispute within twenty (20) days, the dispute, conflict, or claim shall be submitted to the jurisdiction of the competent court at LINK’s registered office.

Nothing in this Section shall be deemed to limit or restrict the right of either Party to seek injunctive relief or other equitable remedies for breach of any provision set forth in this contract.

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