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We ask that you please adhere to our Terms and Conditions. The most important thing to note is that you must mention the cost of the SMS whenever you market the number.
1. Advertisements
For of any premium rated service, the service tariff must be printed on the advertisement. Please refer to the WASPA website for the detail terms of use. www.waspa.org.za
Examples of advertising requirements.
OR:
SMS charged at R1.50. No free minutes apply.
2. Payments
From the date that you’ve added your banking details, you are eligible to receive 10c for every SMS that are correctly send to you, i.e. that starts with 1 of your keywords.
We will be making payments on a monthly basis. To save bank fees we will only make payments as soon as the balance due to you is above R75. Should you not receive enough SMSs in a particular month to take your balance above R75, the amount due will roll over to the next month. You will thus not loose anything.
Payments will only be made to South African bank accounts, and if your bank details has been captured correctly.
In cases where you receive an extremely large number of SMSs in a single month, SMMS reserves the right to make the payment after 70 days. (We only get our fees in 67 days, so this is just to protect us from going bankrupt).
3. Disclaimer
SMMS shall not be held liable for the service delivery failure or failure of performance, or performance degradation due to the GSM Operators non-performance, or due to non-performance of any of our partners or associates. SMMS shall also not be held liable by any CLIENT, if some or all services are blocked or requested to be blocked by the Mobile Network(s) or WASPA or any other regulatory body, or if the agreements are cancelled due to any illegal activity or activity contravening the WASPA and/or Mobile Network CODE(s) by the same CLIENT or any other CLIENTS. It will be the CLIENT’s responsibility to review the guidelines provided by WASPA, the Wireless Application Service Provider Association on www.waspa.org.za, and to adhere to this code. The CLIENT shall also be responsible adhering to the Mobile Network Code provided.
4. Indemnification
The CLIENT, accordingly indemnifies and holds SMMS harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action directly related with this contract and/or the services rendered in terms thereof, arising out of or in connection with the failure or delay in the performance of the Services offered by SMMS.
5. Use of Services
The CLIENT may only use the Services for lawful purposes and warrants that it shall not:
- Use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
6. Privacy
6.1 Names, cellular phone number(s), and other contact information of clients and people sending SMS’s , shall not be made available by SMMS to any third party without the consent to the CLIENT and/or Subscribers, SMMS nevertheless is able to trace the Source of a message, and such information shall be made available to the authorities if required by law.
6.2 SMMS or its staff shall not sell or rent any personally identifiable information about the CLIENT’s or its subscribers to any third party. However monitoring or recording of messages, subject to the CLIENTS security requirements, may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, SMMS shall not disclose information that could be used to personally identify the CLIENT.
6.3 The CLIENT must notify SMMS immediately should any information of the CLIENT change.
7. Keyword Services
SMMS reserves the right to de-allocate keyword(s), if the keyword used is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful.
Furthermore, SMMS reserves the rights to de-allocate keywords if the keyword are registered and has not been used for more than 3 months. |
