Terms & Conditions

TERMS AND CONDITIONS & SERVICE LEVEL AGREEMENT

Premium Rated SMS (Short Codes)

Dedicated Short Code (DSC) & Shared Short Code (SSC) Services

Bulk Packaged SMS & MMS Services

WASPA Rules & Guidelines (Wireless Application Service Provider’s Association)

Electronic Communications and Transactions Act, 2002 (To providers that facilitates electronic communications)

WASPA RULES AND GUIDE LINES

1. WASP responsibilities
   This document incorporates the WASP services agreement of SMSS and regulates the manner inwhich
   Premium SMS Services must be advertised.These rules will apply, should there be any contradictions between these rules and any other provisions or notifications.
   2. Revenue and termination
   If clients do not advertise a service in the manner specified in these rules, SMSS-SA shall be entitled to withhold any revenue for that service. Revenue could be withheld until the infringement has been remedied to the full satisfaction of SMSS-SA, WASPA and all Network Operators. All decisions shall be final and binding. Notwithstanding the aforementioned, SMSS-SA as per the agreement reserves the right to suspend and / or terminate a service or the agreement in the event of a breach of these rules.
   3. Service offering rules
   Selling content to customers; a successful sale can only be recorded valid if the buyer and seller agreed on the price. Thus, customers must know the full retail price of what they are buying. Hiding or obscuring the price so customers are not fully aware of what they are paying will not be tolerated in any way. These rules apply to all media including radio, television, websites and brochures.
   4. Advertising rules
   4.1. VAT inclusive
   Sms prices per Short Code must be displayed as VAT inclusive.
   4.2. No hidden costs

You must advertise all costs related. Therefore, network charges as well as content charges if applicable. For example; if the service is for a joke, which costs R3 on a premium rated SMS, but should still be downloaded via WAP, the advert must display: “R3.00 per sms PLUS download costs”

4.3. Truthful advertising

All add material must clearly display the price per sms.

Example: Display “R1.50 p/sms” or “R3/SMS”

4.4   Font size of sms price

The price of content must be in a font size that it is easily readable/viewable with little effort.

4.5   Location of the sms price

The price must be easily readable / viewable when the customer looks at the advert without having to search for it. The price may not be hidden in the terms and conditions.

5. Partial advertising

5.1   Sms price may not be displayed in some adverts and not in others – similar or same adverts.

6. Opt-out options

6.1   Customers must be given the option to unsubscribe or Opt-out, for a service. This charge must only be a standard network charge to unsubscribe and premium content rates must not apply.

7. Indemnity

7.1   Due to the nature of the Short Message Service (SMS), SMSS-SA cannot be held responsible

for risks incurred through the use of any of the SMS products or services, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission.

7.2   The client is fully and exclusively liable for any and all risk resultant from the use of these services.

8. Service provision

8.1 SMSS-SA reserves the right to refuse a service or request without explanation and at any time.

9. Responsibilities and Liability

9.1   SMS Code of Practice

9.1.1. Customers are responsible familiarizing themselves and adhering to the SMS Code of Practice at all times.

10. Malicious Disruptions and Damages

10.1  Should the products or services be maliciously disruptions or damaged, the customer shall be held liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.

11. SMS Content

11.1    The customer accepts full responsibility for the content of SMS messages transmitted by means of any of SMSS-SA’s) Product(s) or Service(s) and agrees not to submit any SMS messages for transmission via

GSM Network Service Providers, where the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must reasonably ensure that the content of SMS messages does not cause disturbance or harassment to the recipient thereof.

ASSIGNMENT & ALLOCATION CLAUSE

SMSS-SA hereby confirms the assignment and allocation of the Product(s) or Service(s) as described herein for the particular use in accordance with the specifications as requested by the client, with the condition that all guidelines, rules and laws are honoured and adhered to, as is stipulated in this agreement.

In the event of receiving less than 500 messages on a particular keyword per month, the revenue (if applicable) for that specific month will be kept by SMSS to cover costs. Prolonged periods or a maximum of 3 consecutive months of volumes below the indicated thresholds, will result in re-allocation of a short code or keyword, irrespective of the activation period remaining. SMSS retains the right to de-activate a short code or keyword without prior notification to the short code or keyword user, should these conditions not be adhered to. Subsequently, all revenue accumulated will be forfeited to cover costs charged by the Network Operators for the service.

ELECTRONICS COMMUNICATIONS AND TRANSACTIONS ACT, 2002 – NO.25 of 2002

(English text signed by the President.)

(Assented to 31 July 2002)
The ACT, as enacted by the Parliament of the Republic of South Africa serves the following purposes and functions:

• To provide for the facilitation and regulation of electronic communications and transactions.
• To provide for the development of a national e-strategy for the Republic.
• To promote universal access to electronic communications and transactions and the use of  electronic transactions by SMMEs.
• To provide for human resource development in electronic transactions.
• To prevent abuse of information systems.
• To encourage the use of e-government services.
• To provide for matters connected therewith.

JURISDICTION AND GOVERNING LAW

This agreement shall be governed in all respects by the laws of the Republic Of South-Africa and by the laws of the province of Gauteng; as such laws are applied to agreements entered into and to be performed entirely within Gauteng between Gauteng residents.

Subject to the provisions of Section 28 of the Magistrates Court Act 32 of 1944, the parties consent to the jurisdiction of the Magistrate’s Court for any litigation arising out of this agreement notwithstanding the amount involved or the cause of action.

SERVICE LEVEL AGREEMENT

Premium Rated SMS – Short Codes

1. DESCRIPTION:
   A premium rated short code (PRSMS) is a 5-digit number whereby SMS messages are sent, while it triggers a customized action. The premium amount of the premium rated short code is deducted from the senders cell phone account and is determined by the price of the clients’ preferred price band (e.g. R1.50, R3.00, R7.50, R15.00 orR30.00). There are two types of premium rated short code services: Dedicated Short Code (DSC) services or Shared Short Code (SSC) Services.
2. SERVICES:
   Dedicated Short Code (DSC) & Shared Short Code (SSC) Services

Dedicated: (e.g. 34050 sms “Lotto”)

A dedicated short code IS NOT shared amongst clients and is allocated to only one client. This client can then have as many different keywords on that dedicated number as he requires, whether it be for fund-raising or competitions.

* Incoming messages are instantly displayed on our Live Web Application Interface.

Shared: (e.g. 45509 sms “Call”)

A shared short code IS shared amongst many different clients and is allocated to more than one customer at a time. The different clients are then each allocated with what is known as primary keywords. These primary keywords are unique to each client and this is what separates different customers’ campaigns from one another, even though they are using the same premium rated short code. These clients can then have as many different sub-keywords on that shared number as they require.

* Incoming messages are instantly displayed on our Live Web Application Interface.

Switching fee: When using a (SRSC) a switching fee is deducted from credits bought in advance

Profit Share: (Only applicable where tailor made agreements are in place)

Revenue share payout to the client will only be initiated once the number of 500 or more sms messages per network has been exceeded.
SMSS will pay-out revenue share as received from the respective network (Normally within 90 days after the claim) SMS costs are calculated as per the senders’ contract / prepaid agreement.
The pay-outs as mentioned above exclude VAT.

Prolonged periods or a maximum of 3 consecutive months of volumes below 500 messages per month, will result in re-allocation of a short code or keyword, irrespective of the activation period remaining. SMSS retains the right to de-activate a short code or keyword without prior notification to the short code or keyword user, should these conditions not be adhered to. Subsequently, all revenue accumulated will be forfeited to cover costs charged by the Network Operators for the service, and no costs paid towards the short code or keywords will be refunded as a result of re-allocation or de-activation.

Bulk SMS Services

4. DESCRIPTION:
   Bulk SMS Services are used to send product or service information to either individuals, groups or a combination of both. Bulk SMS and Bulk MMS messages are paid in advance, except where specific agreement is in place.

With the Bulk SMS Service one pre-setup SMS message (160 characters) can be sent to multiple recipients. Long concatenated SMS messages are supported with a maximum of 440 characters at a cost of 1 credit per 158 characters. Reply SMS messages are delivered instantly to an email inbox and is also viewable on the web-based SMSS platform. SMS messages can each be personalized with a single click. SMSS adds the name of each recipient to every outgoing SMS.
Scheduled SMS sending also gives you the ability to set up unlimited SMS messages regarding a specific campaign to be sent out at a future date & time. Once the SMS messages have been setup & loaded, the automated system will take care of the rest, and deliver the SMS messages on the selected date & time. Sent & Received SMS reports are displayed instantly in the console dashboard which can be exported to an Excel spread sheet.

Bulk SMS Services: