Platform

Please play by the rules when you use Platform. This contract is part of our Standard customer contract (unless we have included 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 webterms@clickatell.com.

Just a heads up, the clauses which are highlighted are particularly important.

The last time these terms where changed? November 2016.

1 Send SMS services terms

You can use our SMS gateway and range of integrations to send and receive text messages over mobile networks globally. When you use our Send SMS Service these terms, together with the Standard customer contract, Payment terms and Rules of use apply to you.

Our Send SMS Services are described here.

We are just a conduit – we do not take any responsibility for what is sent and where it goes. That is your department.

1.1 Send SMS services

To deliver your messages, they are transmitted through a system of mobile networks and aggregators. We cannot guarantee uninterrupted and continued use of our services – we don’t control the other guys in the chain, network coverage or the mobile handset.

1.1.1 During transmission, messages may flow through the systems of several mobile networks and aggregators (‘the chain’).

1.1.2 Your SMS message (Mobile terminating message or ‘MT message’) is considered delivered once it has been transmitted from our system to our next network service provider in the chain.

1.1.3 A SMS message sent by a mobile phone user (Mobile originating message or ‘MO message’) is considered to be delivered when it is submitted from our system to your account.

1.1.4 We can usually transmit MT messages to mobile phone users that are roaming provided that their handset and that the network that they are subscribed to supports roaming on the relevant foreign network and that our network service providers support roaming.

1.1.5 We are not aware of and do not have any control over whether roaming is available to mobile phone users.

1.1.6 Mobile networks may charge mobile phone users increased fees while roaming.

1.1.7 We will try to ensure uninterrupted and continued use of our services; however, this is largely dependent on the effective functioning of network service providers’ infrastructure, network coverage and the recipient’s mobile handset.

1.2 Sender ID and optional features

We can customize your Sender ID and we also offer other optional features, but some networks block messages with customized Sender ID and other optional features. You should check this before choosing this option.

1.2.1 We may allow you to customise the sender identification field (‘Sender ID’) of MT messages.

1.2.2 If you want to use more than one verified Sender ID, you can contact our Support center to enquire about entering into a separate Sender ID agreement with us.

1.2.3 Some mobile networks allow transmission of SMS messages containing optional features (such as Unicode, concatenation, UDH, alpha numeric characters, numeric characters and binary code) and we may charge you an increased fee for using these features.

1.2.4 Not all mobile networks allow customized Sender ID and other optional features and some may block SMS messages containing customized Sender ID and other optional features without notice to us.

1.2.5 The transmission of MT messages containing customized Sender ID may fail and we may charge you for delivery of such failed SMS messages.

1.2.6 Our Pricing pages, contain a list of mobile networks that, as far as we know, support customized Sender ID and the various optional features.

1.2.7 We will try to update our Pricing page immediately if we become aware of any new customized Sender ID or optional feature restrictions.

1.2.8 We do not guarantee that these pages are always correct or complete.

1.2.9 If you have entered into a written agreement with us that determines special pricing and routing, the coverage tables may not be applicable.

1.3 Your responsibilities (obligations, the lawyers would call it)

These responsibilities are in addition to your responsibilities under the Standard customer agreement, the Payment terms and Rules of use.

You’re responsible for connectivity, following our rules and assisting us to fix problems.

1.3.1 You must ensure that you can connect to our system.

1.3.2 This means that you must carry the cost of all installations and the management of connectivity to our system.

1.3.3 Make sure that the MT messages sent from and MO messages received on your account is in line with our Rules of use.

1.3.4 You must assist us with information we may need to investigate and fix problems with our systems or the services.

1.4 Additional rules for sending 1-way messages to the US and Canada

No marketing or commercial messages and no URLs please.

1.4.1 You are only allowed to send notifications, alerts and security type messages.

1.4.2 If you want to send marketing or commercial messages, you must use our 2-way short code service.

1.4.3 You are not allowed to send messages with embedded URLs in the body.

2 2-way SMS services terms

You can send and receive messages when using this service. When you use our 2-way SMS service these terms, together with the Standard customer contract, Payment terms, Rules of use and Send SMS terms apply to you. If you want to send messages to the US or Canada, please read the US & Canada 2-way SMS terms because they will apply.

We are just a conduit – we do not take any responsibility for what is sent and where it goes. That is your department.

2.1 2-way SMS services

It works via a long number or a short code and makes it possible for you to receive messages from mobile phone users. We will try to give you the same number across networks, but we can’t make any promises.

2.1.1 The 2-way SMS services may be provided via a long number or a short code.

2.1.2 Different options may be available depending on which country you want to send your messages to and different rules will apply per destination and per number.

2.1.3 Messages sent to you by mobile phone users will be passed on to your account.

2.1.4 If required, we will try to procure and allocate to your account the same number across all relevant mobile networks.

2.1.5 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.

2.2 Your responsibilities (obligations, the lawyers would call it)

This is in addition to your responsibilities under the Standard customer agreement, the Payment terms, Rules of use and the Send SMS services terms.

You have to provide us with a description of what you use it for, because we have to tell the mobile networks and regulatory bodies.

All MT messages sent as part of 2-way SMS services must be routed through our messaging gateway.

Some networks have minimum MO message volume requirements.

We have the right to conduct investigations into illegal use, to suspend 2-way SMS services and to terminate your account.

We can retain any revenue share as a pre-estimate of our damages if your account is suspended or terminated due to your fault.

You must give us 90 days’ notice to cancel the use of a long number or a short code.

2.2.1 You must give us a comprehensive description of the services you provide via our 2-way SMS service before your start using it.

2.2.2 If you want to change the service you provide via our 2-way SMS Service, you must let us know before making the changes.6.3 We may ask you for more detail about your service at any time, and you must give us all relevant information within 5 business days of our request.

2.2.3 We may ask you for more detail about your service at any time, and you must give us all relevant information within 5 business days of our request.

2.2.4 If, in our sole discretion, we are not satisfied that your use of the services is in line with our terms, any laws or industry codes of conduct, we reserve the right to refuse to provide you with our 2-way SMS services.

2.2.5 But remember, we are still just a conduit. The ultimate responsibility lies with you.

2.2.6 Your SMS message (Mobile terminating message or ‘MT message’) is considered delivered once it has been transmitted from our system to our next network service provider in the chain.

2.2.7 A SMS message sent by a mobile phone user (Mobile originating message or ‘MO message’) is considered to be delivered when it is submitted from our system to your account.

2.2.8 You must route all MT messages directly or indirectly associated with any of our 2-way SMS services, via our messaging gateway.

2.2.9 This will enable us to ensure that all 2-way SMS services offer the required confirmation messages as stipulated by the various industry codes of conduct and that those messages can be validated as having been submitted.

2.2.10 We may end the service immediately without notice if you don’t comply.

2.2.11 Some mobile networks may have minimum MO message volume requirements. If you do not meet these requirements, we may end the service at any time.

2.2.12 Please ensure that you familiarize yourself with the minimum volume requirements of the relevant mobile networks as detailed in our country specific product guides.

2.2.13 Due to the strict rules governing the use of 2-way SMS around the world we reserve the right to suspend your access to the service at any time if we have reason to believe that you are using the service in contravention of our terms, any industry code of conduct or applicable laws or if you change the service for which you use our 2-way SMS service without letting us know.

2.2.14 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.

2.2.15 We will restore our service to you once we are satisfied that the cause of suspension no longer exists.

2.2.16 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:

2.2.16.1 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

2.2.16.2 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.

2.2.17 If we suspend or terminate your account in terms of this section, 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.

*This refers to money you earn if you use a premium rated short code. The mobile network pays it to us and we pay it to you. Unless you are doing something dodgy.

2.2.18 You must give us at least 90 days’ notice if you want to terminate the use of this service or any long number(s) used with this service. We may have to cancel a long number or short code before the 90 day notice period is finished. Why? We rent and prepay for long numbers and short codes from our suppliers for fixed terms, for example for 90 days at a time. If you give us notice that you want to terminate on day 30 of the rental term in this example, we will cancel the long number or short code at the end of our 90 day rental term, which will be 60 days from when you gave us notice.

2.3 Additional terms for use of short codes

Sometimes wires may get crossed, because we have to recycle dedicated short codes.

You might have to prepay a short code rental fee.

2.3.1 A short code is a special short telephone number, that can be used to address SMS messages.

2.3.2 When you register for a dedicated short code, we may allocate a previously used short code to your account.

2.3.3 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, and you agree to accept this risk.

2.3.4 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. You will not be refunded any pre-paid rental if you cancel the short code early. You must give us at least 90 days’ notice if you want to cancel a short code.

2.4 Additional terms for use of reverse billed short codes in South Africa

You have to pay for MO messages so make sure that there are enough funds available for you to cover the cost.

We don’t monitor or control how many messages you get.

2.4.1 A reverse billed short code can be used to send messages to mobile phone users and allow them to reply to the short code at no cost to them.

2.4.2 You will be charged for the cost of the reply.

2.4.3 You must make sure that there are enough funds available in your account to cover the cost of the MO messages (the replies).

2.4.4 If you have insufficient funds available on your account to cover the cost of the messages you send and receive, we will stop processing your messages and we will bill you for MO messages received.

2.4.5 We do not monitor or have any control over how many messages you receive on the short code and we will have no liability for the cost associated with it.

3 2-way SMS service in US & Canada

This is where things get really specific. If you are making use of our 2-way SMS services to send messages to the US or Canada these terms will apply (in addition to the Standard customer contract, Payment terms, Rules of use and Send SMS services terms).

3.1 Long numbers

You can send and receive messages when using this service, but you must check what networks are covered.

We may have to ‘throttle message throughput’ due to supplier restrictions.

This services must only be used for person-to-person communication. There are a couple of things you are not allowed to do, please check the rules.

You must provide an opt-out service when using this service. We can investigate and suspend the long number if the number of opt-outs is excessive.

We have the right to conduct investigations into illegal use, to suspend 2-way SMS services and to terminate your account.

You must give us 90 days’ notice to cancel the use of a long number.

3.1.1 2-way SMS services allow you to send and receive messages form mobile phone users using a shared or dedicated long number.

3.1.2 You can send messages to a large number of mobile network subscribers across various networks in the United States of America and Canada and other selected destinations, through our Americas 2-Way SMS service.

3.1.3 You must consult our pricing page s for a list of networks that can be reached using this service. If you attempt to send a SMS message to a subscriber connected to a mobile network not listed in our coverage chart (‘no-network messages’), we reserve the right to charge you for delivery of no-network messages as if they were sent to the mobile phone user even if transmission failed.

3.1.4 We may throttle* message throughput to certain destinations due to supplier restrictions.

*This is not as violent as it sounds. It just means that we will restrict the number and timing of messages to stay within the volume restrictions imposed by some suppliers.

3.1.5 This service may only be used for person-to-person communication. To clarify, you may use the service to communicate via text messages with individuals such as customers, employees and other individuals interested in your business. A few examples of the types of communication for which this service may be used are appointment reminders, announcements and alerts.

3.1.6 The long number service may not be used for transmission of any of the following:

3.1.6.1 voice calls;

3.1.6.2 messages with embedded URLs, unless you have pre-approval;

3.1.6.3 bulk messaging, including sending SMS Messages containing similar content generated on an electronic system;

3.1.6.4 prohibited content, including child pornography, any content that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, any content that incites hatred and/or violence against any person or class of persons, and any other content prohibited by Applicable Laws;

3.1.6.5 digital content, including ringtones, wallpapers or other binary content;

3.1.6.6 machine-to-machine messaging such as telemetry or telematics;

3.1.6.7 spam;

3.1.6.8 non-P2P messages, i.e. any communication that violates the person-to-person nature of the long number service;

3.1.6.9 pooling (also known as “parallel operation”) of multiple long numbers for the purpose of circumventing bulk messaging restrictions;

3.1.6.10 conduct prohibited by our Rules of use .

3.1.7 You must permit recipients to opt-out from receiving SMS messages. We recommend that you include instructions on how to opt-out in every SMS message sent using the long number service.

3.1.8 We may, in our discretion, automatically insert a footer in any SMS message with enough character space available. The footer will contain abbreviated instructions to the recipient on how to easily and effectively block SMS messages.

3.1.9 In addition, every recipient who receives a SMS message sent from a long number allocated to your account may opt-out of receiving further communications from you by replying ‘stop’ (whether or not opt-out instructions were included in the SMS message).

3.1.10 For any opt-out request received, we will:

3.1.10.1 send a final confirmation SMS message to the recipient;

3.1.10.2 report the recipient’s phone number in your account (‘Opt-Out Numbers’); and

3.1.10.3 block any additional SMS messages sent to any Opt-Out Number from that integration on your account.

3.1.11 We reserve the right to investigate and/or suspend the long number services if we determine, in our sole discretion, that the number of opt-outs received in respect of any long number allocated to your account is excessive.

3.1.12 On our request, you will cooperate with us in identifying the source of and/or reasons for an excessive opt-out rate.

3.1.13 For purposes of this section, your cooperation includes, but is not limited to, giving us proof of opt-ins and sharing content of sample SMS messages sent to recipients from the relevant long numbers allocated to your account.

3.1.14 Due to the strict rules governing the use of 2-way SMS around the world we reserve the right to suspend your access to the service at any time if we have reason to believe that you are using the service in contravention of our terms, any industry code of conduct or applicable laws or if you change the service for which you use our 2-way SMS service without letting us know.

3.1.15 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.

3.1.16 We will restore our service to you once we are satisfied that the cause of suspension no longer exists.

3.1.17 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:

3.1.17.1 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

3.1.17.2 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.

3.1.18 You must give us at least 90 days’ notice if you want to terminate the use of this service or any long number(s) used with this service. We may have to cancel a long number before the 90 day notice period is finished. Why? We rent and prepay for long numbers from our suppliers for fixed terms, for example for 90 days at a time. If you give us notice that you want to terminate on day 30 of the rental term in this example, we will cancel the long number at the end of our 90 day rental term, which will be 60 days from when you gave us notice.

3.2 Short numbers

You can send and receive messages when using this service.

You must apply for a short code from the US Common Short Code Administration. It can take up to 120 days to get approval and it is not guaranteed.

We have the right to conduct investigations into illegal use, to suspend 2-way SMS services and to terminate your account.

You must give us 90 days’ notice to cancel the use of a short code.

3.2.1 2-way SMS services allow you to send and receive messages form mobile phone users. You can do this by using a random or vanity dedicated short code when sending messages to the US and Canada.

3.2.2 You must apply for a short code by accurately completing our application form and providing any additional information that we request.

3.2.3 Each of your proposed SMS messaging services will also be subject to each mobile network’s approval which may be withheld in its sole discretion.

3.2.4 We will process and submit your application with the US Common Short Code Administration (‘the Administration’). We will monitor the status of your application, respond to any inquiries from the Administration or mobile networks and use commercially reasonable efforts to facilitate approval of the Application.

3.2.5 Typical approval times are between 90 and 120 days from submission of an application.

3.2.6 When we receive approval from the Administration and mobile networks, we will provision and maintain your short codes with the applicable mobile networks.

3.2.7 We do not guarantee that the application will be timely reviewed and/or processed or that the application will be approved by the Administration or the mobile networks.

3.2.8 The provisions of clause 3.1.15 to 3.1.18 also applies to the use of short codes.

3.2.9 You must give us at least 90 days’ notice if you want to terminate the use of this service or any short code(s) used with this service. We may have to cancel a short code before the 90 day notice period is finished. Why? We rent and prepay for short codes from our suppliers for fixed terms, for example for 90 days at a time. If you give us notice that you want to terminate on day 30 of the rental term in this example, we will cancel the short code at the end of our 90 day rental term, which will be 60 days from when you gave us notice.