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Terms & Conditions

In this agreement the following terms shall have the meanings herein ascribed to them:

  1. GSM Network” means the GSM Network over which the SMS will be delivered. “Mobile Terminating” means SMS messages sent to a cellular phone over the GSM network.
  2. MSISDN” means a telephone number on the GSM network and, in terms of this agreement, those numbers provided to the supplier by the customer “Recipient” means the person/s receiving the SMS. “Service” Means the method/s of dissemination of SMS messages used by the customer.
  3. Short Message Service” or “SMS” means a 160 character text message that is sent to or from a cellular telephone. Only valid characters will be allowed.
  4. Valid” SMS characters are: !”#$%&’()*+, ./0123456789:;ó?@ABCDEFGHIJKLMNOPQRSTUVWXYZ _abcdefghijklmnopqrstuvwxyz
  5. The terms set out below shall apply to the provision of the Service/s purchased by the Customer.
  6. This agreement shall commence on the date of final signature hereof by the Customer and Supplier.
  7. The agreement shall continue indefinitely until terminated by either party by giving one calendar’s months’ notice.
  8. The Service/s shall allow the Customer to send SMS and to receive SMS messages.
  9. Any software applications provided by the Supplier will be supported by the Supplier and are provided without guarantee.
  10. All Service/s used by the Customer will be billed on one account.
  11. Any message submitted that is longer than 160 valid characters will, subject to clause 15 below, be truncated to 160 valid SMS characters. The Customer will be charged per SMS.
  12. Upon receipt by the Supplier of this completed agreement, and on approval and activation of the account the Customer will be charged a once off connection and software fee according to the pricing structure.
  13. The Customer will specify a maximum quantity of SMS to be sent within any particular month, which may be amended at any time.
  14. The Supplier may charge the charges for Service/s on one month’s notice to the Customer.
  15. In the event of an account not being paid, the Supplier reserves the right to suspend the Service/s.
  16. The Customer hereby indemnifies and holds harmless the Supplier against any claim or action by the Customer or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Customer and/or any third party arising out of the use of the Service/s or any act or omission on the part of the Supplier in the provision of the Service/s.
  17. The Customer chooses as its domicilium citandi et executandi for all purposes under this agreement, the physical address contained in the schedule.
  18. Messages submitted by the Customer will be accepted and billed based on the relevant authentication method per Service. It is the Customer’s responsibility to protect its means of authentication. The Supplier will not be held responsible for any misuse of the Customer’s authentication keys, logins and passwords, nor will any credit be allowed for such misuse.
  19. The Customer is responsible for the content and accuracy of any SMS sent on their account. The Customer will adhere to an appropriate code of conduct when utilising the Service/s. Sending of unsolicited advertising material, illegal content, inappropriate language or any message that may be viewed by the Recipient as being of contentious of offensive nature is not permitted and may, at the sole discretion of the Supplier, result in the immediate termination of the Service/s
  20. The Supplier guarantees confidentiality of both the MSISDN/s and messages submitted by the Customer during utilization of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by the Supplier. The Supplier agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Customer.
  21. Subject to clause 9 above, the Supplier hereby reserves the right at all times to amend the terms and/or conditions pertaining to the Service/s as contained herein, Provided that a notice to this effect, which notice shall only apply to material terms and considered to be such at the sole discretion of the Supplier, be forwarded to the Customer by electronic mail for information purposes not later than 24 hours prior to the implementation of such amendment.
  22. This agreement shall be governed by the laws of South Africa, and both parties agree to submit to the jurisdiction of the courts in the event that any proceeding shall be brought under the terms of this agreement.
  23. This document contains the entire agreement between the Supplier and Customer and shall not be capable of variation of amendment except as agreed in writing by an authorised representative of the Supplier.
  24. “Spamming” (the sending of unauthorized messages to users) by the Customer is deemed an illegal action and will result in the supplier having the right to immediately terminate this agreement.

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