By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services.

Without limiting the above, we may ask you to accept any or all of the terms when you first register for, or start using a service.

If you do not want to be bound by the terms, you must not register for, or use a service.

If you concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between the written contract and these terms, the written contract will prevail.

In these terms -

1. agreement means the agreement between us and you that comes about by your acceptance of these terms as set out in the section headed "Introduction" above;
2. Clickatell website means the websites that we own and operate located at www.clickatell.com and www.mobilemessagingmarket.com including any page, part or element thereof;
3. content includes any information, data, text, music, sound, graphics, video, messages, hyperlinks or tags;
4. downloads means any software, data, application, code, files or content that you retrieve, view or download when using a service;
5. charges means the amounts we charge you for rendering our services, including (without limitation) our transaction or subscription charges, and any third party charges we incur;
6. ECT Act means the Electronic Communications and Transactions, Act 25 of 2002;
7. intellectual property rights includes (without limitation) any and all rights, title and interest (whether registered or not) in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, logos, devices, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement;
8. service means any service, product, goods, downloads, content, program or website that we may provide from time to time;
9. terms means the terms and conditions set out herein, and includes any additional terms (as defined in the section headed "Additional terms" below);
10. use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing a service;
11. VAT means value-added tax;
12. we, us and our means Clickatell (Proprietary) Limited, registration number 2000/013534/07, and includes our successors in title and/or assigns;
13. you and your means any person who registers for, or uses any of our services;
14. the singular includes the plural and vice versa; and
15. headings are only for reference and not interpretation.

Hyperlinks in these terms are part of these terms under section 11(3) of the ECT Act. Any hyperlinks which are not operational will not in any way detract from the validity and interpretation of these terms.

We may change any or all of the terms including (without limitation) the charges at any time without notice to you.

Any changes will become effective when we publish them on the Clickatell website.

You must check the Clickatell website and the terms regularly for changes.

By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges.

If you do not accept the changed terms or charges, you must stop using the service (see the section headed "Ending a service" below).

Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions (additional terms).

By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms.

These terms apply to the extent that there is a conflict between these terms and the additional terms.

We always try to provide the services to the best of our ability.

We may suspend, interrupt, change or end any service for any reason without notice.

We will try to widely publicise changes to the services which apply generally.

We may also give you advance notice of any interruption of a service due to maintenance.

• damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether -
• in contract, delict or otherwise;
• direct, indirect, special or consequential;
• foreseeable or not; and
• notification of the damages were given in advance or not; and
• uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) fire, explosion, earthquake, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.

You should not regard any information, ideas and opinions expressed on the Clickatell website as professional advice or as our official opinion. Please get professional advice before you take any course of action related to the information, ideas or opinions expressed on the Clickatell website.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, our liability (and the liability of our affiliates, employees, shareholders, agents, and service providers) shall be limited to the greatest extent permitted by applicable law.

In many cases, we provide the services of third parties, or our services in conjunction with those of third parties including (without limitation) network providers.

In those cases, the following conditions apply:

• We provide such services subject to the terms, conditions and limitations imposed by those third parties.
• If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the services to you without notice. We may nevertheless try to provide such a service in another way or by using another third party.
• You authorise us to provide any of your information to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you.
• To the extent that there is a conflict between the third party's terms and conditions and these terms, these terms prevail.
• When you acquire goods, downloads or services from a third party through any of our services, you understand and agree that -
  • we are not a party to the contract between you and the third party;
  • we don't have to monitor the third party service you use;
  • the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
  • you must evaluate the goods, software or service and the applicable terms and conditions before acquiring the goods, software or service; and
  • you indemnify us against any damages (as defined in the section headed "Limitation of liability and indemnity" above) howsoever arising from your acquisition and use of the third party goods, software or service.
• We may reject or refuse any third party service used by you in conjunction with our service.

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

In addition to the other terms, this section applies if you use any of our Mobile-originated (MO) or Premium Rate services.

We collect MO messages and pass these on to you in the methods described by us.

You are responsible for content of the service, as well as the cost of all bearer charges to provide the content to your end client.

If your account is used by users for such networks as we charge for incoming messages, you must pay all such costs in full. We may subtract such message credits as are necessary to redeem those costs from your account at the end of each calendar month.

You must ensure all times that there are enough credits in your account to be subtracted by us for incoming messages from your account. We may end the service immediately without notice to you if you don't have enough credits in your account at any time to be subtracted by us for charges owed to us.

You can ask us by email what the charges are that apply to this service.

Please note that for shared premium rate numbers, you must send a minimum of 500 (five hundred) MO messages per network per month before we share our revenue with you.

Please note that for a non-shared premium rate number, Vodacom requires that you send a minimum of 500 (five hundred) MO messages per number per month. If you don't do this, we may end the service on 7 (seven) days' email notice.

All messages sent in reply to any MO messages will be charged at our standard MT rates as published form time to time.

We will pay any revenue share due to you within 90 (ninety) days after we receive the relevant amount from the network involved.

Refer to the "Charges and Payment" section of this document.

If there are any differences between our records, your records or the network provider's records, the records of the network provider are deemed to be correct and binding on us and you.

In addition to the other terms, this section applies if you use any of our Mobile-originated (MO) or Premium Rate services.

In this section -

• advertisement means any form of communication with your clients including (without limitation) advertisements, brochures and websites;
• charges means network charges and premium charges;
• network charges means the charges of the network service providers for use of their networks, e.g. SMS, MMS, USSD, GPRS; and
• a premium charge means the content or value-added charges that you charge your clients for using your premium rate service.

This section sets out how you must advertise your services.

If you don't advertise your service in the way set out in this section, we may -

• withhold your share of the monthly revenue for that service (if any) until you comply; or
• end the service if you fail to comply repeatedly.

All your advertisements must comply with the following rules:

• The advertisements must state the charges of your service fully and correctly. For example -
• if your service is a polyphonic ringtone which costs R3 by way of a premium rate SMS but which still has to be downloaded via WAP, then your advertisement must state the following: "R3 (including VAT) + download charges ";
• if it takes two SMSs to deliver a polyphonic ringtone, you cannot say that the charge is R3.00 if the net charge is R6.00. In such a case, the advertisement must state that the charge is R6.00 or "R3 per SMS (2 SMSs needed)."
• The advertisement must state the charges inclusive of VAT.
• The font size of the charges must be such that they can be easily seen in the advertisement. Your client must be able to see the charges with very little effort.
• Your charges must be located on the advertisement in such a place that your client can see it easily. Your client must be able to see the charges when looking at the advertisement without having to search the advertisement for the charges. You may not hide the charges in the terms and conditions.
• You may not state the charges in some advertisements and not in others.
• If you give your client the option to unsubscribe for a service, you may only charge network charges to unsubscribe and you may not charge premium charges.
• Your advertisement must state all the material terms and conditions to the extent that this is practical.
• Your advertisement must not contain our intellectual property.
• Your advertisement must make it clear that you, and not we, provide your service.

In addition to the other terms, this section applies if you use our application program interface (API) service.

We enable individuals or businesses to connect to our server in order to facilitate text messaging directly to our gateway.

We may approve or decline clients and API connections at our sole discretion.

We encourage the use and publicity of anti-spam policies.

We provide you with a login and password. You must specify what IP address range your messages will be posted from. This will ensure that the connection is at all times secure from our side. Any security measures over and above these are your responsibility.

Although we provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without notice to you. You must test the specifications thoroughly on a regular basis, as we are not liable for specifications that may be incorrect or incomplete.

In addition to the other terms, this section applies if you use our affiliate program.

Service description. We enable the owners and operators of websites and businesses to become our affiliates and thereby to promote our services and to earn commission on sales that result directly from such promotion.

Becoming an affiliate. To become an affiliate, you must follow the link to the Clickatell website, register on the Clickatell website and request approval.

If, in our sole and absolute discretion, you meet our requirements, we will accept your request in writing and appoint you as an affiliate. Please note that if we do not accept your request in writing, you will not become an affiliate.

By accepting your request to become an affiliate, we appoint you to promote our services in the manner that we determine from time to time.

Commission and payment. Membership of the affiliate program is free.

We will track all transactions which arose as a result of your promotion of our products and services in such manner as we may, in our sole and absolute discretion, determine from time to time, including (without limitation) by way of cookies.

We will pay you a commission equal to a percentage of the price for each successful transaction which directly and effectively arose as a result of your promotion as tracked by us. The percentage of the commission will be the ruling percentage as published on the Clickatell website at the time of the transaction.

We will only pay you commission for a maximum period of 6 (six) months after a particular customer has concluded his first transaction as envisaged in the previous paragraph.

We will pay your commission within 6 (six) weeks of receipt of payment from the customer in respect of the successful transaction. We will pay no commission for transactions that are voided or reversed for any reason whatsoever. In the event of transactions being partly reversed, the part of such transaction which was not reversed, excluding all costs incurred by us (if any) to reverse or partly reverse the transaction, will still bear commission.

We will pay your commission by way of a cheque, provided that the amount of the commission is at least 50 (fifty Euro), otherwise we will credit the commission to your account. We may, in our sole and absolute discretion, pay the commission to you in any other manner requested by you provided that, in that event, we will deduct the costs to us of making the payment in such a manner from your commission.

We may change our list of services, and our prices at any time without notice to you.

In the case of any dispute or legal action, a certificate signed by one of our directors or officers (whose authority or qualification we will not need to prove) of the amount of commission that may be due to you shall be prima facie proof of such amount.

Marketing material and code. We will provide you with the code, images, text and other material which you must place on the Clickatell website to direct potential customers to our website. You must display the images, text and other material in the form that we provide it to you. You must obtain our prior written consent if you want to change the images, text or material in any way whatsoever including (without limitation) by translation. You must test the code from time to time to ensure that it works.

Ending the affiliate program. You may end the affiliate program at any time by written notice to us.

Upon your ending the affiliate program -

• we will pay you all amounts owing to you in respect of commission; and
• you will remove all code, images, text and other material supplied by us from your website, and stop promoting our products and services.

No agency or authority. Your appointment as an affiliate creates no contract of agency, partnership, joint venture, or employment between you and us and grants you no authority to bind us.

You must at your own cost acquire and maintain such -

• computer, telephone, other communications equipment and software; and
• network or Internet access, as may be necessary to use our services.

You must ensure that your computer, phone, other communications equipment and software are compatible with the service concerned before you register for or use the service.

You must regularly back up all your data.

Sometimes, to register for, or use a service, you must give us information about yourself as prompted.

You warrant that all information you give is current, complete and accurate.

We may suspend or stop any service if you give information that is not current, complete and accurate.

You must promptly tell us if any of the information you provided changes.

You must choose a password. We will give you an account and account name.

You -

• must keep your password, account name and account information confidential and must not disclose these to third parties;
• must not circumvent, or attempt to circumvent, our user authentication systems;
• are entirely responsible for all payments and any activities that occur under your account;
• are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
• indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.

You must tell us immediately if there is any unauthorized use of your account or any other breach of security.

We respect your privacy.

We won't monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

We will try our best to protect your privacy on systems and websites that we control.

However, we are not liable for any unauthorised or unlawful disclosures of your personal information by third parties who are not subject to our control (for example, advertisers and websites that have links to the Clickatell website).

Please note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provides hyperlinks, may be different from ours.

We don't warrant the security of the information which you transmit to us.

Our service will, however, transmit the sender's name (from field) and/or email address with each message that the end-user sends.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

For more information about our collection, collation, processing, use and monitoring of your personal information, please see our Privacy Policy.

We are not responsible for the deletion or failure to store information.

We have set no fixed upper limit on the number of message you may send through the service apart from how many credits are left in you account.

We may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

Please see the section headed Ending a service below for more information on procedure for ending a service.

We may, in the future, with prior notification, limit the amount of storage space available to you.

The sender identification that can be included as part of a mobile text message is not a guaranteed feature. Your message might be sent without your sender identification and you will not be notified of this.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

You must only use the services -

• in accordance with the terms;
• for lawful purposes;
• in accordance with all applicable local, national and international laws and regulations; and
• for the purposes for which they are designed.

When you use our services, you must not -

• do anything which violates any terms;
• send junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
• >make any misrepresentation including (without limitation) 
• deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
• impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
• change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
• forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
• transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
• commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
• violate or infringe any intellectual property rights;
• do anything which does or may -
• damage, impair, overburden or disable any system of any person (including us) using our services;
• interfere with another user's use and enjoyment of the service or of similar services;
• interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
• compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
• transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
• harvest or collect information about others, including email addresses, without their consent for any reason;
• violate the privacy of any person;
• reproduce, replicate, copy, sell or re-sell any of -
• our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or
• the information or data contained in our services;
• repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
• transmit content that you do not own or do not have the right to publish or distribute;
• access any of our services or any similar service of any third party or any network without authorisation or through hacking, password mining or any other means;
• perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
• use the service for commercial use without authorisation; or
• help any third party to do any of the above.

Codes of conduct. You must comply with the following codes of conduct as required by all services providers who operate services in any of the following territories.

The codes of conduct are incorporated herein by reference.

United Kingdom
PhonepayPlus Code:
http://www.phonepayplus.org.uk/publications/cop/default.asp

South Africa
WASPA SMS Code:
http://www.waspa.org.za/code/index.shtml
WASPA SMS Advertising Guidelines:
www.waspa.org.za

United State of America
Code of Conduct as per the Mobile Marketing Association (source MMA) USA:
http://www.mmaglobal.com/modules/content/index.php?id=5

We give you a non-transferable, non-exclusive license to view, download, save and print the content of the Clickatell website, provided that you use the content for private, personal, educational and/or non-commercial purposes only. You may not use the content for any other purpose without our prior written consent.

You may only cache the Clickatell website if -

• the purpose of the caching is to make the onward transmission of the content from the Clickatell website more efficient;
• the cached content is not modified in any way;
• the cached content is updated at least every 12 (twelve) hours; and
• the cached content is removed or updated when we so require.

You must direct hyperlinks to the Clickatell website from any other source to the home page of the Clickatell website. You may only provide hyperlinks beyond the home page of the Clickatell website with our prior written consent.

If you do link to pages beyond the home page of the Clickatell website you do so at your own risk and you indemnify Clickatell against any loss, liability or damage that may result from the use of such hyperlinks.

You may quote small and reasonable amounts of content available from the Clickatell website only if such a quote is placed in inverted commas and acknowledged.

You may not frame the Clickatell website in any manner whatsoever without our prior written consent.

Apart from bona fide search engine operators and use of the search facility provided on the Clickatell website, you may not use or attempt to use any technology or applications (including (without limitation) web crawlers, robots or web spiders) to search, collect or copy content from the Clickatell website for any purpose whatsoever, without our prior written consent.

You may not incorporate email addresses, names, telephone numbers or fax numbers published on the Clickatell website into any database used for electronic marketing or similar purposes.

We give no permission, whether expressly or by implication, that you may use the information on the Clickatell website to send unsolicited communications to us.

You may end a service at any time for any reason by following the procedure set out in the Clickatell website and these terms.

When you end a service, the relevant provisions of these terms will apply including (without limitation) the provisions set out under the section "Charges and payment" below.

If you have any questions about the right way to end this agreement please send an email to info@clickatell.com

From time to time, Clickatell may offer free trial credits to new users. We expect new users to use these trial credits to test the functionality of our products and messaging platform. We regard multiple registrations to make use of multiple free credits as an abuse of our trial service. Accordingly, registration for more than 3 trial accounts, by a single user, is prohibited.

Charges. In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify including (without limitation) our charges for messages delivered or partially delivered using any available delivery method.

We may from time to time for limited periods offer "free trial" or similar promotions during which no charges or reduced charges shall apply. Such promotions are intended for you to test the capabilities of the service and/or for casual, personal use only. During such promotions, all these terms apply.

All charges are payable upfront. You must pay all charges upfront by buying service credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time to as we need to add the credits to your account.

Payment. Charges are due and payable at the time of, or before we deliver a message to your recipients, via every method of delivery based upon the billing plan we select. Payment is deemed to have been made as soon as the charge is available in our bank account. We may make other payment arrangements in our sole discretion, on a case-by-case basis.

You shall pay all charges free of set-off, charges or deductions.

If we issue an invoice to you, you must pay the invoice within 7 (seven) days of date of the invoice.

Your failure to pay any amount when due, will constitute a breach of these terms.

In the event of any Regulatory Fine as a result of the client's service, Clickatell shall be entitled to withhold or deduct the amount of such fine, charge or sum from any sums payable to the Client under this agreement.

In the event that any amount on the client's account is outstanding, Clickatell shall be entitled to withhold or deduct this amount from any sum payable to the Client whether in premium rated revenue share or any other fees.

Credit Card Payment. If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer, you must pay all amounts due, on demand.

Your agreement with the credit card issuer governs the use of your credit card. So, please refer to that agreement to see what your rights and obligations are as a cardholder.

We charge in South African Rand (ZAR) and United States Dollars (USD) and conversion rates are worked out once a day against the Euro. This may change the amount of the charges due to currency fluctuations. The final amount of the charges is the amount reflected on your credit card statement.

Taxes. Unless stated otherwise, all charges exclude taxes, including (without limitation) sales, use, personal property, value-added, withholding, excise, or other taxes and duties including penalties and interest. You are liable for, and must reimburse us for all taxes imposed in connection with or arising from the provision of any service (other than those assessed on our net income or capital gains) . You will provide us with sufficient information to enable the timely payment of any applicable taxes. The sum payable by you upon which any taxes are based shall be increased to the extent necessary to ensure that, after the deduction or withholding of any taxes, we actually receive and retain, free from liability for such taxes, a net amount equal to the amount we would have received and retained in the absence of such taxes.

Increase in charges. We may increase our charges at any time by notice to you.

If we increase our charges after you have bought credits from us, we will give you 14 days' notice of the increase. The increase will then apply to the credits that you have in your account.

Within the 14 day period you may choose to -

• continue with the service subject to the increase; or
• end the service in which case we will pay to you the value of any credits that may be left over in your account.

You may then use the service again by buying new credits.

Expiry of credits. You must use up your credits within 120 days from the date on which you bought the credits. We may extend this period on a case-by-case basis in our sole discretion.

Refunds of credits. You can ask us to refund any unused credits within 7 days of buying those credits. However, we do not refund branding charges, licenses, monthly administration charges, and any other charges that you pay to us.

When you ask us to pay back credits we will -

• first deduct our charges for any messages sent;
• pay you the amount on the scale that corresponds with the equivalent to the amount of message units sent;
• keep 10% of the amount we refund you as an administration charge; and
• keep any costs we incur to refund you (eg bank costs).

Save as set out above, we refund no payments or charges.

Credit-based billing principles. We can charge variable charges per message sent through our system. We publish these variable charges on the Clickatell website from time to time. We charge the published rate when a message is sent through the system. However, you may select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message.

You understand and agree that the number of credits to a specific destination network may change due to various factors, and that we may adjust these rates whenever we deem it necessary to do so.

If you have not selected a specific band or profile that supports delivery to a specific destination, you understand and agree that messages sent may not be delivered to such destinations. Conversely, if you have chosen specific bands which support a higher credit rate per message, and you are not aware that a specific route at the time of sending the message to us will be charged at the said higher rate, you understand and agree that you will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.

Interest. We may levy interest on any amounts that are not paid when due at a rate of 2% above the prime rate, calculated from due date to date of payment, both days inclusive. The prime rate is the publicly quoted basic rate of interest (expressed as a nominal annual compounded monthly in arrear rate) at which our bank from time to time lends on overdraft to its most favored corporate borrowers in the Republic of South Africa, compounded monthly in arrears and calculated on a 365 day year factor, irrespective of whether or not the year is a leap year. A certificate signed by any manager of our bank, whose qualification and authority need not be proved, setting out the prime rate shall constitute prima facie proof of the rate in question.

Currency. We charge in Rands (ZAR), the official currency of the Republic of South Africa, and United States Dollars (USD) and convert the amount to the relevant currency at the applicable conversion rate on the date of the transaction. The conversion may change the charge due to currency fluctuations. The final charge is the amount reflected on the credit card holder's statement.

We reserve the right at any time to charge in any currency other than Rands or United States Dollars.

If you breach any of these terms, then we may immediately, without prejudice to any of our other rights and without notice to you -

• claim payment of all outstanding amounts due to us;
• stop or suspend your use of any of the services;
• end the agreement; and/or
• claim damages from you.

In all cases, we may keep all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.

If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to/or use of a service (in whole or in part) where the suspension arises from your failure to comply with the terms.

Upon ending and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service and remove all our downloads on any computer, database, server (local or remote) in your possession or under your control.

We have no obligation to you after any termination or cancellation of a service or this agreement.

We (or the appropriate third party) retain all intellectual property to the services, the systems that provide the service and downloads.

You may not, directly or indirectly -

• sell, sub-license, lease, distribute or otherwise transfer any downloads to any third party;
• appropriate the downloads in whole or in part for whatever purpose;
• decompile, disassemble or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
• create derivative works based on the downloads;
• incorporate the downloads into any other content for whatever purpose;
• remove any legal notices (copyright, trademark or other proprietary rights notices);
• reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which we own the copyright.
• use the downloads for timesharing or service bureau purposes or otherwise for the benefit of a third party;
• frame any portion of the web pages that are part of the service.

You must comply with all national and international laws pertaining to intellectual property rights.

You keep ownership of any original content that you provide when you use a service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when using the service.

Subject to the terms and South African law, for the duration of the agreement and the service, we grant you and individual, personal, non-exclusive and non-transferable license to use our downloads, in object code form only, and only in accordance with the applicable end user documentation, if any.

We may provide hyperlinks to websites that we do not control (target sites).

We don't necessarily endorse, agree with or support the content, products and/or services of target sites.

By subscribing to or using a service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

For the purposes of this clause, "intercept" and "monitor" bear the meanings ascribed to these words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002.

You agree that the consent above satisfies the "writing" requirement as detailed in the ECT Act and the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002.

Governing law. The terms are governed by and must be construed under the laws of the Republic of South Africa. All disputes, actions and other matters relating thereto are determined in accordance with such law.

Jurisdiction. You submit to the jurisdiction of the courts of the Republic of South Africa.

Whole agreement. The terms constitute the whole of the agreement between us and you relating to the matters dealt with herein. No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the terms not incorporated therein will be binding on you or us. Any change or addition to the terms will only be valid if it is made by us under the section headed "Changes to terms" above.

Addresses. You select as your chosen address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a service. We may send you any notices (other than legal process) by email. You will promptly tell us if you address changes. We select as our address for the purposes of receiving legal process and notices the physical address specified in the section headed "ECT Act information and provisions" below.

No waiver. Any waiver, indulgence, relaxation or extension of any of the terms will be effective only in the specific instance and for the purpose given. No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver. No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.

Provisions are severable. Each provision of the terms is severable from the other provisions. If any provision is found to be invalid or unenforceable, we may change it under the section headed "Changes to terms" above or remove it in its entirety. The remaining provisions of the terms will nevertheless remain binding.

No agency or authority. These terms create no contract of agency, partnership, joint venture, or employment between you and us. You have no authority to bind us.

Cession and delegation. You may not cede, assign or delegate your rights or obligations under these terms. We may cede, assign or delegate our rights and obligations under these terms without your consent.

Subject to urgent or interim relief, all disputes arising in connection with the service and these terms must be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (AFSA) (www.arbitration.co.za).

The parties must agree on an arbitrator, failing which AFSA must appoint an arbitrator.

The arbitration must be conducted in Cape Town, Republic of South Africa and in English.

The ruling of the arbitrator is final. The unsuccessful party must pay the legal costs of the successful party on a scale as between attorney and client.

In this section, "data messages" means data messages as defined in the ECT Act.

• Our full name and legal status: Clickatell (Proprietary) Limited, registration number 2000/013534/07, a private company duly incorporated in the Republic of South Africa
• Our office bearers: http://www.clickatell.com/about_us.php
• Our postal address: PO Box 4929, Tygervalley, 7536, Republic of South Africa
• Our physical address, and address for receipt of legal service: 7th Floor, Manhattan Plaza, 100 Edward Street, Bellville, 7530 Republic of South Africa
• Our telephone number: +27 21 910 7700
• Our website address: http://www.clickatell.com
• Email address of the Clickatell website: webmaster@clickatell.com
• Membership of self-regulatory or accreditation bodies: WASPA; GSM ; http://www.clickatell.com/company/affiliations.php
• Codes of conduct to which we subscribe:
• SMS Code: http://www.smscode.co.za/
• PhonepayPlus code of practice: http://www.phonepayplus.org.uk/publications/cop/default.asp
• Description of the main services we offer: http://www.clickatell.com/about_us.php and www.clickatell.com
• Price of services: Please go to www.clickatell.com and click on the link to the service that you want use. Please see the section headed "Charges and payment" above.
• Manner of payment: You can pay by credit card or direct wire transfer - see www.clickatell.com/pricing/payment_methods.php
• Terms that apply to any transaction: Please see all the terms above
• Dispatch and delivery: Upon the conclusion of a transaction, a pop-up notice informs you of the applicable dispatch or delivery
• The manner and period within which you may access and maintain a full record of transactions: We give you a full record of each transaction. Please print and/or save these records. We also give you transaction records on request for a limited period from the date of the transaction.
• Our return, exchange and refund policy: Please see the section headed "Charges and payment" in the terms above
• Alternative dispute resolution: Please see the section headed "Disputes and arbitration" in the terms above. The website of the Arbitration Foundation of South Africa is located at www.arbitration.co.za
• Security procedures and privacy policy: Please see the terms above
• Duration of the agreement: The minimum duration of transactions and/or periods are detailed on the relevant additional terms.
• Cooling-off period: You may return goods and/or services within 7 (seven) days as detailed in section 44 of the ECT Act and only if such goods or services are not detailed in section 42(2) of the ECT Act.

The information, goods and/or services advertised on the Clickatell website are not an offer, but merely an invitation to do business.

We are deemed to have received any message you sent only if and when we respond to your message, or when we acknowledge receipt. Notwithstanding section 23(b) of the ECT Act, we are not be deemed to have received a data message if that message was blocked, filtered and/or destroyed by our content filtering and virus security systems.

• received by you as detailed in section 23(b) of the ECT Act;
• sent from the location(s) as detailed in section 23(c) of the ECT Act; and
• sent by you from within the geographical boundaries of the Republic of South Africa.

Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us.

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, we are under no legal duty to encrypt any content or communications from and to you and are also under no legal duty to provide digital authentication of any pages on the Clickatell website.

You can download our manual published in terms of the Promotion of Access to Information Act, 2000 from the Clickatell website.