1013 Mount Tabor Garden City New York
1013 Mount Tabor Garden City New York
The following terms and conditions apply to additional services you may purchase from SMSAPP from time to time. These terms form part of your Customer Contract as defined in our Customer Terms at terms and condtion
These Social Channel Terms and Conditions (“Supplement”) are part of an agreement for certain SMS APP services (“Agreement”) between SMS APP and Customer and apply solely to the SMS APP social channel services (“Service”). Capitalised terms are defined in the Glossary below. Capitalised terms not defined in this Supplement shall have the meanings ascribed to them in the SMS APP Customer Terms.
Customer shall send Messages only to End Users who have, and continue to, knowingly consent or “opt-in” to receiving Messages and who have been informed by Customer of their right to cancel, and have been given a readily accessible free process for cancelling, receipt or to “opt-out” of receiving further Messages. This opt-in information shall include the End User’s MSISDN, Social Channel ID, and any SMS APP Message channel preference (collectively “Opt-In Information”), and any further details if and as required by any relevant social channel service provider (“Social Media Platform Provider”). Customer agrees that SMS APP will deliver Messages to the Customer Messaging Application via the Social Media Platform Provider based on the End User’s Social Channel ID and Customer’s communication to SMS APP of such End User’s Opt-In Information. Customer shall stop sending Messages to an End User who has opted-out from receiving such Messages as soon as possible but in no case later than twenty-four (24) hours after receipt of the opt-out request (or any shorter time period if necessary to meet or comply with any legal, regulatory, governmental and/or Service Provider request or requirement). At SMS APP’s request, or the request of a Service Provider, Customer shall provide SMS APP with proof of any and all such opt-in(s) and optout(s), and response time to discontinue transmission of Messages after opt-out, to SMS APP’s reasonable satisfaction.
Customer shall inform End Users that Customer is the source and supplier of the Messages and provide appropriate contact details to End Users. SMS APP shall have no support obligations of any kind with respect to End Users and Customer shall not in any way, directly or indirectly, communicate or otherwise convey to End Users anything to the contrary. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, customer services and the Messages. Customer shall promptly inform SMS APP if Customer becomes aware of any violation of the terms of this paragraph. The SMS APP Service Level Agreement does not apply to social channel products.
Customer shall not use the Service or permit the Service to be used:
Customer shall not: (a) remove any identification, patent, trademark, copyright or other notice from the Service or any part of it; (b) access, use, or copy any portion of the Service directly or indirectly to develop, promote or support any product or service that is competitive with the Service or any part of it; (c) disclose or publish performance or capacity statistics about the Service or any part of it; (d) perform any benchmark tests on the Service or its supply or any part of it; or (e) use the Service in connection with any activity that may result in tangible or intangible personal property damage, or death or serious body injury.
Customer shall not access any information or data provided or controlled by any other customer of SMS APP or its suppliers and will abide by, and will not circumvent or otherwise disable, any security measures implemented in the Service. Customer shall immediately inform SMS APP if any third party makes or threatens any claim or action against Customer, or SMS APP, or any other party relating to any data, customer service or Messages.
Customer agrees to promptly fix any faults and/or bugs in Customer’s software that causes the Service to be accessed incorrectly, including, but not limited to, software that generates incorrect API calls to the Service.
Customer shall promptly provide any information as SMS APP may request relating to customer data or Customer’s use of the Service:
SMS APP may, in its sole discretion, require Customer to take primary responsibility for any request or enquiry made under Section A2.1 above relating to any Customer Service, Message(s) or customer data or arising from Customer’s use of the Service or from an alleged or actual breach of the Agreement by Customer. Customer agrees, at its own cost, to accept full responsibility for any such request or enquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such regulator or Service Provider (with copies to SMS APP) in a timely manner.
Sections A1.1, A1.2, A1.3, A1.4, A1.5, A2.2, A2.3, A2.4, A2.6, and A2.7 shall survive termination or expiration of the Customer Contract.
Customer will indemnify and, at SMS APP’s election, defend SMS APP, its Affiliates and subcontractors against:
In addition to its rights under the Customer Terms, SMS APP may without liability block or delete any customer data or Message(s) that SMS APP determines, in its sole discretion, violates the terms of the Customer Contract.
Customer agrees that, with respect to its supply of the Service, neither SMS APP nor any SMS APP supplier shall be liable whether in contract, tort, or strict liability to Customer or to any End User or any other customer of Customer for (i) any Messages deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, message processing errors, transmission errors, or messaging network and/or service failures; or (ii) the accuracy of information provided through the Service.
As further stated in the Order Form or in the Documentation, the Service may require connection through a separate API and in such cases it cannot be used as a stand-alone product or service. In order for Customer to use the Service, Customer must separately enter in an agreement with SMS APP for the right to use the other Services. Unless and until Customer has entered into an agreement with SMS APP to obtain the right to use other Services, SMS APP shall have no obligation to provide the Service, and SMS APP shall not be liable for any failure to do so, and any Messages that Customer submits to the SMS APP Network for transmission via the Service may be blocked or deleted by SMS APP.
Customer shall not subcontract, sub-license, license, sell, lease, rent or otherwise make the Service available to third parties.
Customer shall not use the Service for mobile to mobile, peer to peer messaging purposes. Customer shall use the Service solely to promote or facilitate, directly or indirectly, the goods, services or image of Customer pursuing a commercial activity.
Subject to Customer’s full compliance with Section B2.1 above, SMS APP shall provide to Customer Webhook via a URL provided by SMS APP to Customer for the purpose of Customer integrating such Webhook into the Customer Messaging Application on the Social Media Platform. Webhook, as so integrated, will be used for the purpose of Customer transmitting Opt-In Information to the SMS APP Network and for any other transmission between the Customer Messaging Application and the SMS APP Network as may be available pursuant to, and in accordance with, the Documentation. SMS APP will provide to Customer an on-boarding guide to assist Customer with Customer’s integration of Webhook into the Customer Messaging Application and other set-up requirements relating to transmission between the Customer Messaging Application and the SMS APP Network via the Webhook in accordance with the Documentation.
Customer shall be fully responsible for any fees imposed by any Social Media Platform Provider with respect to Customer’s use of such Social Media Platform Provider’s Social Media Platform. In the event any Social Media Platform Provider imposes any fees on SMS APP with respect to Customer’s use of such Social Media Platform, SMS APP shall have the right to charge Customer, and Customer shall pay, the amount of any such fee (including any additional fees), which shall be invoiced by SMS APP to Customer.
Message4U Pty Ltd trading as SMS APP (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”).
The following terms and conditions apply to the Calendar product you have chosen to purchase.
We have partnered with Cronofy Limited (“Cronofy”) to provide the calendar automation product (“Calendar”) to you. As part of purchasing the Calendar, you will be required to agree to Cronofy’s terms and conditions and privacy policy. Once you have agreed to Cronofy’s terms and conditions, you will be able to integrate a number of widely-used calendars, including Outlook.com, Outlook 365, Exchange, Google Calendar, and Apple Calendar into your SMS APP Hub Account. The Calendar will sync across all other places you use the calendar, enabling you to manage appointments and send SMS reminders with reference to the Calendar.
Fees for the Calendar are as notified to you at the point of purchase. Please note that Calendar fees do not include the fees for SMS Messages in connection with your Calendar, such fees will be charged in accordance with your Existing Agreement.
You acknowledge and agree that:
(a) Except as otherwise set out in this Agreement and to the extent they are not inconsistent with these terms, the terms of your Existing Agreement with us apply to the Calendar.
(b) To enable integration of the Calendar you must agree to Cronofy’s terms and conditions and privacy policy. Our liability and responsibility for the Calendar is limited to matters set out in this Agreement.
(c) The SLA in your Existing Agreement does not apply to the Calendar. We do not warrant that the Calendar will be continuously available or will be error- free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality;
(d) Our Privacy Policy and clause 23 and Part D and E of your Existing Agreement will apply to the information which is contained in your Calendar. However, to integrate the Calendar to your Account you must also agree to Cronofy’s privacy policy and Cronofy will have access to information contained in your Calendar such as appointment messages and End User message responses. We are not liable for any damage, loss, expense, costs or liabilities whatsoever that you incur as a result of Cronofy’s action or inaction (as the case may be) in relation to Personal Information you give Cronofy in connection with the Calendar.
(e) We reserve the right to refuse anyone access to the Calendar or terminate anyone’s Calendar access at any time at our sole discretion without giving a reason. If we terminate your Calendar, we will give you a pro-rata refund for any upfront payment for service you have not received.
(f) You hereby grant us and Cronofy a non- exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence to use any Intellectual Property necessary for the operation of the Calendar.
(g) You acknowledge that Cronofy is the provider of, and responsible for the Calendar and that to the maximum extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
Our ‘Lookup Service’ provides you access to our browser interface to lookup information relating to the phone numbers that you input into the interface. This information may include:
the country of origin and type of phone number (mobile, landline or VOIP) (known as a ‘Type Lookup’).
the reachability status for that service from the home location register (known as a ‘HLR Lookup’); and
which carrier services the phone number (known as a ‘Carrier Lookup’)
(collectively known as the ‘Lookup Data’)
By signing this Additional Service Request Form, you are requesting access to our Lookup Services and agreeing to the additional terms applicable to Lookup Services set out below.
PLEASE BE AWARE THAT WE MAY TERMINATE YOUR ACCESS TO THE LOOKUP SERVICES AT ANY TIME. IN ADDITION, WE MAY VARY THE CHARGES PAYABLE IN CONNECTION WITH THE LOOKUP SERVICES BY GIVING YOU 14 DAYS’ NOTICE. YOU ARE ENTITLED TO TERMINATE THIS AGREEMENT IF YOU CONSIDER THAT THE PRICE VARIATION IS MATERIALLY DETRIMENTAL TO YOU.
You acknowledge and agree that:
The Services that you have purchased or are continuing to purchase under your Customer Contract (as defined in the SMS APP Customer Terms) are designed to enable you to access and use them autonomously. We can assist you to use the Services as set out below for additional fees and on the basis of you agreeing the following terms. Provision of this assistance is known as a ‘Managed Service’ and incurs a fee as notified to you at the time of purchase. Please note that a fee for Managed Services does not include the fees for SMS/MMS/OTT Messages which are set out in your Customer Contract or fees for any other Additional Service Request (eg. Lookup Services).
You may request one or more of the following Managed Services:
At the conclusion of your campaign, you will have access to a report that sets the status of your send (eg. whether messages were received or bounced).
The types of Managed Services that we offer are set out above. Importantly, they do not include creating or changing the Content of your Messages or ensuring compliance with relevant Laws (including but not limited to the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth)) which are applicable to your use of the Service and Content of Messages. Compliance with relevant Laws is your responsibility.
Provide us with the following Customer-Supplied Materials via the method set out below:
An indicative delivery schedule for Managed Services is set out below:
Activity | Schedule |
---|---|
Customer supplies Send Schedule Data, Send Configuration Data and Data file | Start |
SMS APP confirms receipt of files and information | + 1 day from start |
SMS APP will provide you with a test message of your content | +2 days from start |
SMS APP performs send | As per Send Schedule Data |
SMS APP provides access to delivery receipt report | +5 days from send |
By signing this Additional Service Request Form, you are requesting us to provide you Managed Services on the terms and basis set out in this form. You acknowledge and agree that:
Message4U Pty Ltd trading as SMS APP (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”).
The following terms and conditions apply to the Mobile Landing Page products (as applicable to your order).
A Mobile landing page (“MLP”) is a single web page which you create using your artwork, graphics, trademarks, logos, text (including text for the MLP headline, body and any fine print or additional language) and anything else you wish to include in the MLP (“Creative”) via our templates and tools and which End Users can access through a unique short trackable link (“STL“) in an SMS. MLPs are designed to be sent in bulk as “campaigns” which allow you to reach End Users with a specific message, offer or proposal (“Campaign”).
As part of the MLP product, we will provide you with:
You will be able to send the SMS containing the STL to End Users as part of your Campaign in accordance with the Terms of your Existing Contract.
Please note that if you include images in your MLP which are not our existing “stock” images, these images will need to be uploaded and hosted on a public server. We cannot guarantee that these images will be continuously available or accessible.
If you purchase or are otherwise provided access to Mobile Landing Page Services (MLP Services) as an addition to your MLP product, we will prepare Creative you provide to us and create a MLP based on your instructions. We will provide you with a proof of the proposed MLP and you are entitled to one amendment to the proof, provided that any amendment request is made at least two Business Days prior to the date on which you anticipate sending the SMS which contains the STL (“Campaign Send Date”). We will then arrange the SMS with the STL to be sent on the Campaign Send Date. Please note that we will prepare your Creative within the constraints of the available templates. Any further changes are subject to review and may incur additional costs. Whilst we will endeavour to work with you to achieve your preferred MLP, not all MLP designs are possible and will depend on the content of your MLP and the templates that are available for the MLP product.
As part of the MLP Services, we will provide you with data relating to the Campaign and End User behaviour including the End Users that click the STL. On request, we can also provide the time and date they clicked on the STL, IP address and user agent (“Campaign Data”).
Notwithstanding the Intellectual Property Rights granted under your Existing Agreement, You hereby grant us and any third party provider we use a perpetual, limited, non-exclusive, royalty-free right to use your brand(s) and Intellectual Property and Creative to create the MLP, provide you the messaging activities and hosting services referred to above and otherwise for the purposes of providing you the MLP and/or the MLP Service product in accordance with these terms and conditions.
Fees for the MLP product and MLP Services are as notified to you at the time of purchase or as agreed with your account manager. Fees are in addition to the fees for SMS Messages in connection with your Campaign, such fees will be charged in accordance with your Existing Agreement
The following terms and conditions apply to the Mobile Landing Page Services:
Message4U Pty Ltd trading as SMS APP (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”).
The following terms and conditions apply to the design and creation of text and/or images used in an SMS and/or MMS and includes, without limitation, concepts, ideas, innovation and development work to further enhance the Messaging Services. Design Services may also include the management of the delivery or execution of a process or campaign on behalf of the Customer (Design Services) you have chosen to purchase.
Prior to providing any Design Services we will agree:
We may require you to pay a deposit for any Design Services that you have asked us to provide to you
Where we undertake Design Services or any form of professional services, you must will not unreasonably withhold signoff and approval of the completed project, where we are able to reasonably demonstrate that we have met the agreed specifications or requirements.
You warrant that all Content provided to us in relation to the provision of the Design Services is duly licensed or authorised and not in breach of any law, third party rights or trademarks. You further accept without limitation that any fees, royalties or other payments for use of Content are to be paid by you.
Upon completion of the Design Services you agree to pay the total cost of the Design Services within 14 days of receipt of an invoice for such services.