Nothing in life is free (sorry!). This contract explains how we will bill you for using our services and how you should make payment. These terms are part of our Standard customer contract (unless we have concluded a special contract with you).
Make sure that you read it carefully to avoid any surprises later. Because we know that people hate reading contracts, we have given you an easy to read (hopefully!) paragraph on the left, but remember that the other bits are binding too, so if you have any questions, please contact firstname.lastname@example.org.
Just a heads up, the clauses which are highlighted are particularly important.
The last time these terms where changed? November 2016.
1 Our fees
You can see what fees we charge on our pricing page. Some of our fees changes often, so you must keep an eye on it.
You can qualify for a discount if you send a lot of messages.
We have free trials and promotions, but rules apply.
1.1 The fees applicable to each type of service are published on our website and can be viewed when you are logged into your account.
1.2 Our fees are comprised of usage fees, subscription fees, rental fees and support fees.
1.3 Our fees will change from time to time without any notice to you. The latest fees will always be available on our website. You should check regularly.
1.4 You may have agreed a different fee with us in a separate (written and signed in blood) contract.
1.5 Some of our fees are influenced by our supplier cost in real time*. This means that our fees change often, sometimes several times a day.
*As opposed to fake time.
1.6 You will be able to view a pricing estimate on our website, but please be aware that due to the constant fluctuation in price, the actual price you pay may be different by the time you send your message or get charged for a service.
1.7 We offer discounted pricing for high volume usage. For example, you will pay less if you send 1 million SMS messages per month than if you send only 100 messages.
1.8 Any free trial or other promotion that gives you access to our services for free or at a discount must only be used within the specified time of the trial. You must stop using the service before the end of the trial period in order to avoid being charged the non-promotional rate for that service.
2 Taxes and deductions
Our prices exclude taxes.
You have to pay us in full without making any deductions.
2.1 Our prices exclude Value Added Tax and all other applicable taxes, such as withholding tax.
2.2 You must tell us whether you are using our services for a business or for your private use, and give us your correct tax number.
2.3 You will pay all amounts due to us without set-off or counterclaim and without deduction or withholding.
2.4 If any deduction or withholding is required by applicable law, you must notify us. You must also provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
2.5 You are responsible for payment of all bank and finance charges. Please ensure that the amount received in our bank account, after deductions, is the full amount you owe us.
3 Payment terms
Our services are prepaid, unless we gave you credit.
Please don’t pay late. We may charge interest.
3.1 Unless we have accepted and approved your credit application, you must prepay for the use of our services.
3.2 Prepaid means what it usually means: You must top-up your account with funds for the sending of messages. The price of each message you send will be deducted from the balance of funds in your account. You will not be able to send any messages when the funds are depleted and you will have to top-up your account to continue.
3.3 Some of our services require payment of a set-up fee (for example the use of a 2-way long number). The set-up fee must always be paid in advance.
3.4 You must pay a monthly rental for some of our services (such as 2-way short codes). Rental payments are due in advance and may be payable every quarter (for 3 moths) or annually, depending on the service.
3.5 We will notify you of any set-up or rental fees payable when you apply for a service.
3.6 If any payments that you owe us are not paid by the due date, we can charge you interest. We will charge you interest at a rate of 1.5% per month or at the maximum rate permitted by law, whichever is less, from the date the payment was due until the date paid.
In an effort to save some trees, we only do electronic invoices.
The currency of the invoice (and in which you must pay) is determined by your billing address.
4.1 You agree to be invoiced electronically. Tax invoices will be available for view and to download on your account within 24 hours from payment.
4.2 You can view your invoices and transaction history on your account.
4.3 Your billing address will determine what currency you will be invoiced in.
4.4 You may be able to choose the currency in which prices are displayed on your account, but you must make payments in the currency of the invoice.
4.5 We convert currencies on the date of invoice using exchange rates published by a financial institution of our choice.
5 Payment method
You can pay in many ways, pick the one that suits you best, but you’ll have to confirm some things.
We use secure third party payment gateways and we have to verify your credit card to combat fraud. We are not responsible for the security of payments.
For some services you can activate recurring auto-billing on your account.
5.1 We support various payment methods, for example you can pay with a credit card or by any other method we make available to you.
5.2 When you provide us with your preferred payment method you confirm that:
5.2.1 you are authorised to use that payment method;
5.2.2 that the payment information you provide is accurate; and that
5.2.3 you authorise us to make use of your chosen payment method.
5.3 We make use of secure third party payment gateways as disclosed on our website.
5.4 Our third party payment gateway, your card issuers and bank may require us to implement 3D Secure to protect you against unauthorized use of your credit card. This is how it works:
5.4.1 You may be required to complete a once-off registration if you use a card from a participating card issuer and if your bank is participating in the 3D Secure scheme.
5.4.2 Once registered, you will receive a one-time PIN (‘OTP’) from you bank via SMS every time you make an online purchase with your credit card, and the OTP will only be valid for that transaction.
5.4.3 Please note that this service is provided by and on request of your bank, so if you experience any problems relating to 3D Secure, please contact your bank directly.
5.5 You will only be allowed to pay for our services with a card that was successfully verified by our third party payment gateway or by us. We reserve the right to refuse payment from cards that fail our verification requirements.
5.6 When you load a new credit card our third party payment gateway may charge you a card verification deposit. This deposit is refundable to you as soon as your card has been verified.
5.7 We have no control over the security of the gateways (although we are told that they are cool), so we are not liable for any losses or damages suffered due to the use of these gateways.
5.8 Some of the services may accept recurring auto-billing which you can activate on your account. By choosing the auto-billing option, you accept responsibility for all recurring charges until you cancel this feature. We may submit periodic charges (e.g. monthly) without further authorization from you.
5.9 The automatic periodic charges will continue until you de-activate auto-billing, or until the charge to your credit card fails (e.g. if the card expires).
6 (No) Refunds and disputed charges
Sorry, the general rule is no refunds.
But, mistakes happen and we have a process in place to handle it.
What happens to unused funds if our contract is terminated? Use it or lose it.
6.1 As a general rule our services are non-refundable. There may be exceptions to this created by law or service specific terms.
6.2 If you think that we made a mistake you can initiate a billing dispute within 30 days of invoice, by contacting us at email@example.com.
6.3 Refunds will be made in the form of a credit to your account (no cash refunds). Disputes which are not initiated within 30 days will not be entitled to any refunds.
6.4 We may, at our own discretion, assist you to convert your account or to rectify a mistake on your account (e.g. incorrect amount paid or incorrect product selection etc.).
6.5 We are under no obligation to process any refund payments.
6.6 If we agree to assist you, we will charge a processing fee to your account. The fee will be the greater of either 10 EURO (or the equivalent on date of transaction in the currency of your account), or 10% of the value of the transaction.
6.7 If our contract is terminated, you will forfeit any unused funds on your account.
7 Keep your information up to date
You have to let us know if your billing information changes, for example if your billing address or your credit card details change.
7.1 You must provide current, complete and accurate information for your billing account.
7.2 If you have requested auto-billing, you must promptly update all information to keep your account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment gateway if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your password.