Simple-SMS.com

Here you can download our General Terms & Conditions as PDF-file.

1. The following conditions govern the use of the "Simple SMS" SMS-Gateways provided by Simple SMS GmbH, registered office in Wels (hereafter referred to as "Simple SMS").

The General Conditions of Trade can be freely viewed at any time on the Internet at www.simplesms.at. The customer accepts the General Conditions of Trade from "Simple SMS" when he places an order online or offline.

2. From these conditions of trade "Simple SMS" does not accept complete or part deviation from the customer’s General Terms and Conditions, unless "Simple SMS" has given their express consent beforehand in writing (not by e-mail!). These conditions of trade also apply exclusively if "Simple SMS" provides its services unreservedly whilst aware of the customer’s opposing general terms and conditions.

3. The rights to a closed contract on the basis of these conditions of trade are not transferable without the written consent from "Simple SMS" to a third party.



If "Simple SMS" has given an individual service offer, this is done on the basis of the customer’s data regarding the EDP system they are using at the time, regarding the customer’s intended extensions in the hardware and/or the technical functional aspects. The customer bears the risk for the fact that the basis of services offered corresponds to his requests and needs. If the customer would like to agree upon contractual specifications, he has to put these down in writing. They only come into effect with the counter signature from "SimpleSMS".



Modification, additions and cancellation of the contract have to be made in writing. A modification of this clause likewise has to be made in writing.



1. The customer can send SMS messages via the "Simple SMS" SMS-Gateway, after he has opened a "Simple SMS" SMS-account and has charged his account in advance by prepayment. A potentially available free of charge SMS credit start can be used for SMS messaging free of charge.

2. It is forbidden to send messages that are criminally relevant, with contents that are illegal or immoral, that glorifies violence, are sexist, racist, pornographic, National Socialist, liable to corrupt young people or discriminating.

3. Forbidden without exception: the transmission of „unsolicited messages“ according to § 107 of the Telecommunications Act 2003. „Unsolicited commercial telecommunication“ according to § 7 of the E-Commerce Act, „Electronic Post“ against § 12 Para. 3 of the Securities Supervision Act - Wertpapieraufsichtsgesetz (WAG), as well as § 75 Para. 4 of the Insurance Supervision Act - Versicherungsaufsichtsgesetz (VAG)

4. The customer of the service has to keep the contents of his messages within the valid laws.

5. The customer is duty bound not to send messages that are not wanted by the recipient nor that will trouble the recipient in an immoral manner. In the case of misuse "Simple SMS" reserves the right to block the account concerned.

6.The customer is not entitled to give out as sender identification of an SMS a telephone number that does not belong to him or one which he is not authorised to use or one that is used as an answer service (2-Way-Messaging). "Simple SMS" offers services to operate a 2-Way telephone number, to which recipients from SMS customers can reply. The customer is not entitled to operate this service independently in conjunction with the Simple SMS SMS-Gateway.

7. There is no claim made for the availability of this service. Messages are as a rule sent out immediately, nonetheless delays may occur when forwarding. The receipt and the dispatch of messages are not guaranteed. The dispatch of a message is undertaken at your own risk.

8. If the customer sends an SMS with the same contents to multiple recipients (telephone numbers) or messages with more characters per SMS than are available to him, then in this case it is calculated per recipient / each SMS is divided individually and charged, even if it was done with a single request (call-up) to the „Simple SMS“ SMS-Gateway.

9. Also included in the accounts payable are SMSs that were (could) not be delivered because the customer for example sent it to a mobile number that does not exist, is inactive or to an address, which the "Simple SMS" cannot identify or is incorrect.



1. The customer has the right to withdraw from his contract in accordance with the legal regulations, as long as no other agreements have been made. Any credit there may be leftover in the SMS account is not refunded.

2. "Simple SMS" reserves the right to block and to delete the customer’s account after prior notification, if the customer contravenes the regulations of the General Conditions of Trade.

3. If an existing "Simple SMS" SMS-account is not used over a continuous period of more than 12 months (twelve) – i.e. no log-ins are made into the account and no SMS are sent - then "Simple SMS" is entitled, after 14 days of prior notification, to completely delete the account even if there is still an SMS allocation present on the account.



1. In the event of unforeseen circumstances (inflation, economic embargoes, passing of new laws, substantial devaluation of the Euro versus the US dollar, etc.), which are neither as a result of "Simple SMS" nor of the customer, but which mean that the contract can only be fulfilled at a highly disproportionate financial cost, then the parties are entitled to withdraw immediately from the contract.

2. In principle the SMS-Gateway is available 24 hours a day, excluding time for necessary maintenance work. The availability also depends on the extent of use, the amount of traffic and the operating status for access and processing taken up by national and international telecommunications facilities and networks. In particular "Simple SMS" is not responsible for the total failure or partial loss of the Internet, if the server is down, loss of individual or complete infrastructure of the mobile radio and network operator and other operational interruptions caused by third parties or by the Internet Service Provider.



1. The prices for sending an SMS are based on valid pricing information in the SMS account online at the time of the order.

2. The SMS-account is credited in a prepayment procedure. Payments in Austria and abroad are accepted as prepayments, credit cards and in exceptional cases (after close examination) by invoicing. After receipt of payment the ordered number of SMS messages is credited to the SMS account.

3. Invoices are due immediately after they have been issued without delay.

4. Once the payment period has expired the customer is automatically in arrears even if a reminder is not sent for the payment settlement. When the payment date is surpassed "Simple SMS" charges interest at a rate of 12%/year. Each reminder has a charge of 5 Euros.

5. Orders that do not have an expressly agreed price are charged at the price lists applicable at the time of signing the contract.

6. It is not possible to offset against "Simple SMS" requirements, as far as it does not take place with undisputed or legally binding accounts receivable that are set.

7. When payments are in arrears then "Simple SMS" is entitled to block services or to cancel the contractual relationship after making appropriate threats to do so. In this case claims for damages remain reserved.

8. When payments are in arrears then "Simple SMS" reserves the right to raise further claims.


In principle, the billing is done by e-mail. If the customer would like to receive a copy of the invoice by post, there is an additional charge of € 2.50 per invoice to cover our expenses.
The customer accepts the electronic transmission of the invoice by e-mail according to § 11 Para. 2 of the Turnover Tax Act 1994 - Umsatzsteuergesetz (UStG).



The contract is negotiated for an indefinite period of time. Both contracting sides are entitled to cancel the contract in keeping with the cancellation period of 14 days (fourteen) before the end of the respective accounting-period. The cancellation has to be made in writing by means of a letter or by fax. The customer waives his right to cancel for the duration of 6 (six), 12 (twelve) or 24 (twentyfour)  months from the start of the contract - depending on the minimum duration, which had been contractually agreed. An effective declaration of cancellation by the customer can only be made after the expiration of this period. After the minimum duration of the contract of 6 (six), 12 (twelve) or 24 (twentyfour) months, the contract will be extended automatically for a further 6 months. After the duration of the contract has expired the customer has to refrain from any use of the "Simple SMS" SMS-Gateways.



"Simple SMS" is authorised to increase the fees agreed upon with the customer, e.g. as a result of price increases from the mobile radio provider that "Simple SMS" obtains SMS from, but also without such a circumstance.

If the customer does not agree with such an increase he has the option of terminating the contract with immediate effect within 14 days from when the increased fees came into force.

The increased fees are announced on the Website: www.simplesms.at, in addition the customer is first informed by e-mail at his standard contact address.



The customer receives an access to the SMS-Gateway Software from "Simple SMS" consisting of a username and password. The customer is obligated to keep this data safe from third parties. It is prohibited to forward this access data to public or third parties. If it is suspected that other persons and third parties know the access data, then a message must be sent immediately to "Simple SMS". The customer is responsible for every – above all else infringement – use of the account.



If the fulfilment of the pecuniary claim is endangered after the conclusion of the contract due to an opened legal or out of court insolvency proceeding regarding the customer’s financial circumstances, the refusal to file for insolvency or one of the detailed written credit reports from "Simple SMS", which shows the credit rating of the contracting partner, then "Simple SMS" can withdraw from the contract if this is envisaged for the duration of the provision of regular recurring services. Unpaid invoices become due immediately upon withdrawal. Payment can be demanded for services not yet delivered before the work is carried out, if the customer voices the execution of the further work.



1. „"Simple SMS" surveys, processes and uses a customer’s or users personal data without ulterior consent, only in so far as it is required for the reasoning and completion of the contract as well as for accounting purposes.

2. "Simple SMS" expressly informs the customer that the data protection for the transmission of data in the open networks cannot be comprehensively guaranteed according to the latest technology. The customer knows that the Provider can see the customer’s data stored in the server at any time from a technical view. Also other participants on the Internet are possibly technically capable to access the network’s security without authorisation and to control the traffic of messages. The customer has to take the utmost care for the security of the data he transmits over the Internet and for data saved on servers.

3. Henceforth the legal regulations for data protection apply to all data.

4. Usage data is only collected according to legal regulations insofar as it is required for the smooth running of the services and for the internal accounting. The usage data is deleted again as soon as possible according to the principle of data loss prevention.



The customer notes with approval that "Simple SMS" is obligated to notify the courts or administrative authorities of certain data as per the current Austrian legal situation, in particular §§ 149a ff of the Code of Criminal Procedure - Strafprozessordnung (StPO) and §90 Para. 6 of the Telecommunications Act. The customer declares himself aware of this legal situation and/or commits himself to gain sufficient knowledge about it through appropriate measures.

The customer irrevocably accepts that the "Simple SMS" forwards on data and information, which "Simple SMS" became aware of through the customer due to this contract to courts, authorities, in particular telecommunication services authorities and third parties, if "Simple SMS" is requested by courts or authorities and/or third parties state against „Simple SMS“ that their rights have been infringed through use of the contractual object by the user, e.g. libelled, threatened or discredited.

The customer notes with approval that "Simple SMS" immediately notifies everyone that becomes known through a prohibited use of the contractual object of the violation of the law.



1. "Simple SMS" is only liable for damages caused due to gross negligence or injury by "Simple SMS", their legal representatives or one of their vicarious agents, however, always when "Simple SMS" breaches a significant contractual obligation. Except for intent and/or gross negligence or the breach of a significant contractual obligation, the liability is limited to the amount of damage typically foreseeable with the conclusion of a contract. Also a slight negligent injury on life, body and/or health remains unaffected.

2. The level of liability is limited for every product and/or every service to the respective total of monthly payments made, at the most however up to the respective contract value for two years. In every case the total liability per customer and case of loss is capped at 5000 Euros.

3. "Simple SMS" is not liable for the correct functioning of infrastructures or of the Internet’s transmission routes that do not lie within "Simple SMS" or their partner’s area of responsibility.

4. All claims for defective warranty claims by purchasers versus "Simple SMS" lapse after the period of a year – unless there is a resolution.

5. The use of services takes place exclusively at the customer’s own risk.

6. The customer is liable for all damages that "Simple SMS" incurs due to the customer’s deficient security (e.g. publishing or forwarding on password / access data to the Simple SMS software).

7. Neither "Simple SMS" nor its partners, licensers, employees, representatives or other co-workers guarantee that the service will always be available without interruption or errors. The above-mentioned persons, establishments and companies offer just as little guarantee or warrant that certain results can be attained through the use of the service.

8. The preceding disclaimers do not apply as far as after the laws applicable to this agreement are absolutely adhered to.

9. "Simple SMS" is liable in accordance with the condition of the preceding regulations for the loss of data, in particular such that the customer has put on the server and only then if such a loss was not avoidable by the appropriate data security measures on the part of the customer.

10."Simple SMS" takes no liability in particular for SMS messages that have been deleted, are not processed or saved. On the basis of the Internet’s structure and the structure of the individual mobile radio networks, „Simple SMS“ is not liable for the delivery of SMS. "Simple SMS" is not obligated to reimburse unused SMS. Furthermore "Simple SMS" is not liable in particular for the untimely transmission of messages, the non-transmittal of messages or different displays of messages.

11. "Simple SMS" does not assume any liability for the contents of the messages transmitted. In the case of a violation of one of the above-mentioned legal norms, the author of a message indemnifies "Simple SMS" from any third party claims.



The General Terms and Conditions are published at www.simplesms.at after any changes have been made. The customer is informed of the changes by e-mail at least four weeks before the changes are enforced, via the e-mail address given for an order. If such changes are not contradicted within one month from their notification, they are considered as accepted. If the changes take place to the disadvantage of the customer, then the customer can cancel his contractual relationship without notice within one month after the entry of the notification of change.



The activation takes place with the first order, at the earliest after receipt of payment for the order.



1. The registered office of "Simple SMS" is the place of execution for all duties in the contractual relationship.

2. Wels is the exclusive area of jurisdiction for all disputes arising from this contract, if the customer is a purchaser, a legal entity of public law, and a public-legal separate estate or in the home country without a court of jurisdiction. Furthermore "Simple SMS" is authorised to bring action to the customer at his general court of jurisdiction.

3. The laws of the Republic of Austria apply exclusively, with the exclusion of the uniform regulations of the UN Convention on Contracts for the international sale of goods (CISG), to the concluded contracts from "Simple SMS" on the basis of these General Terms and Conditions and for the claims arising from it of whatever kind, even if the customer’s registered office or residence is not in the Republic of Austria.

4. If clauses in these General Terms and Conditions and/or in the contract are or become ineffective, this effectiveness does not affect the remaining clauses. Rather, instead of every ineffective clause a corresponding or at least approximating replacement clause takes effect for the purposes of the agreement, on how the parties could attain the same economical result they had agreed on, if they had known the ineffectiveness of the clause. Appropriate applies to incompleteness.