Send two-way SMS

1. ACCEPTANCE
  • In addition to these Send 2 Way SMS Service specific terms, you confirm that you have read and agree to the General Terms, Send SMS Service specific terms, the Rules of Use and our Privacy notice (our Terms). It is important that you understand your responsibilities and the limitations to the Send SMS services.
2. SEND 2 WAY SMS SERVICES
  • Our Send 2 Way SMS Service is an optional additional service to our Send SMS services and you may incur additional costs when using this service.
  • Our Send 2 Way SMS Service allows mobile phone users to send SMS messages to your Clickatell account. This service may be provided via shared or dedicated short codes or long codes (“Numbers”). Different rules may apply depending on the 2 Way options you choose. Additional terms apply to some of our two-way messaging products, such as our Americas 2 Way SMS and Pins & Alerts services.
  • We collect MO messages sent to your dedicated number or to our relevant shared number based on your allocated keyword, and pass these on to your account.
  • If required, we will try to procure and allocate to your account the same number across all relevant mobile networks. However, we do not guarantee that this will always be possible. We do not accept liability for any damages or losses arising out of or related to our inability to procure the same number across all networks.
  • You are responsible for content of MO and MT messages received and sent via our Send 2 Way SMS services, as well as the cost of all bearer charges to provide the content to mobile phone users.
  • Additional and/or specific rules may apply to the use of certain types of numbers or the use of premium rate services. It is your responsibility to ensure compliance with all relevant industry codes of conduct. Please obtain expert legal advice in this regard.
  • You must provide us with a comprehensive description of the services you provide via our Send 2 Way SMS service before your start using it. If, in our sole discretion, we are not satisfied that your use of the services are in line with our terms, any laws or industry codes of conduct, we reserve the right to refuse to provide you with our Send 2 Way SMS services.
  • If you want to change any of the services you provide via our Send 2 Way SMS services, you must let us know before you make any changes.
  • We may from time to time ask you for more details regarding your use of our services and you agree to provide us with all relevant information within 2 business days of our request.
  • You must route all MT messages directly or indirectly associated with any of our Send 2 Way SMS services, via our messaging gateway. This will enable us to ensure that all premium rate, short code messaging services and other two-way services offer the required confirmation messages as stipulated by the various Industry Codes of Conduct and that such messages can be validated as having been submitted. We may end the service immediately without notice if you don’t comply.
  • Please refer to the pricing pages on our website or your signed agreement with Clickatell for MO message rates. These fees are subtracted real-time from your account, unless otherwise specified in a signed agreement with Clickatell.
  • You must at all times ensure that there are enough credits in your account to cover cost of incoming messages to your account. We may end the service immediately without notice to you if you don’t have enough credits available.
  • Some mobile networks may have minimum MO volume requirements. If you do not meet these requirements, we may end the service at any time. Please ensure that you familiarise yourself with the minimum volume requirements of the relevant mobile networks as detailed in our country specific product guides.

 

3. SUSPENSION

  • Reasons for suspension. In addition to the reasons for suspension contained in the General Terms, we may suspend services or licences to you:
    • If you use our services in contravention of our terms, any Industry Code of Conduct or Applicable Law, in particular those relating to Two-way Messaging Services, MO messages and premium rate services;
    • If, in our sole discretion, we suspect that your use of our services contravenes our terms, any Industry Code of Conduct or Applicable Law;
    • You change the services for which you use our Send 2 Way SMS services without letting us know.
  • Investigation, reinstatement and termination. In order for us to investigate whether your use of our services are in compliance with our terms, Industry Codes of Conduct and Applicable Law, we may request information from you regarding your use of our services. You must provide us with all information reasonably necessary for us to complete our investigation within 5 business days from our request to you. We will restore our service to you once we are satisfied that the cause of suspension no longer exists. However, we reserve the right not to restore services and to terminate your account and any or all of our services to you immediately upon notice to you if,
    • you do not provide us with the information we request in order for us to investigate your use of our services within 5 business days of our request, or
    • the information that you provide is, in our sole discretion, not sufficient to satisfy us that your use of our service is compliant with our terms, Industry Codes of Conduct and Applicable Law.
  • Effect of Suspension and Termination on Revenue Share. If we suspend or terminate your account in terms of this, we may retain any of your revenue share held by us at the time of suspension or termination as a genuine pre-estimate of the damages suffered by us.

 

4. SHORT CODE SPECIFIC TERMS

4.1 GENERAL

  • When you register for a dedicated short code, we may allocate a previously used short code to your account. We try not to allocate short codes used less than three months ago, but cannot guarantee this. It is possible that MO messages intended for the previous short code customer be sent to your account. When you agree to use our dedicated short code services you agree to the risk of being billed for MO messages even if they were not intended for you.
  • You may be required to prepay short code rental fees for a month, quarter or a year depending on the terms of your short code application. Should you cancel the short code services early, you will not be refunded.
  • We reserve the right to suspend or withdraw a short code allocated to you where:
    • the allocated short code has been inactive for a period of three months or such other period as may be prescribed by the mobile network conditions or applicable law;
    • you are in breach of these terms;
    • our agreement is terminated for whatever reason;
    • such action is necessary to comply with applicable law or national re-numbering plan.

4.2 ADDITIONAL TERMS: PREMIUM RATE SHORT CODES

  • Premium Rate Short Codes is available on application only. The application process includes certain minimum requirements and vetting of your proposed use of the code.
  • You must be a member of a recognised industry regulating body to use a premium rate short code.
  • If you use our premium rate short code service you may earn a portion of the mobile phone user’s cost for sending a premium rate MO message as revenue share.
  • We will send you a MO volume report within 90 days from the end of the calendar month during which the relevant MO messages were processed. You must use this information to issue us with a valid invoice for your revenue share within five business days. We will pay any revenue share due to you within 90 days after we receive payment of the relevant amount from the Mobile Network or Aggregator involved, provided that we have received a valid invoice from you.
  • Please note that no revenue share is payable to you if you do not meet the following requirements:
    • a minimum volume of 1 000 MO messages received on your account in the applicable month;
    • The total messages sent from your account must be twice the amount of messages received within the applicable month.
  • Please note that Clickatell (Pty) Ltd has been subcontracted by all other companies in the Clickatell Group to manage revenue share. All revenue share invoices must therefore be issued to and will be paid by Clickatell (Pty) Ltd.

4.3 KEYWORDS

  • Keywords. Clickatell uses a keyword assigned to your account to identify SMS messages received from mobile phone users (MO Messages) via shared short codes. Keywords are 3 (three) or more characters of length and are assigned to Clickatell customers on an as-available basis. Should the keyword you requested not be available, we will let you know as soon as practical and will give you the opportunity to request a different keyword to be allocated to your account.
  • Allocation. You are required to request a keyword as part of the relevant Two-way Messaging Service application process.