Rules of use

Please play by the rules when you use our services. These rules are part of our Standard customer contract (unless we have included a special contract with you). This means that if you break them, your contract can be terminated.

This list is not exhaustive (although it might be exhausting – sorry!). You are responsible to ensure that you do nothing illegal, improper or abusive and that you comply with all applicable laws, regulations, codes of conduct and rules of mobile operators, guidelines or industry standards and best practices.

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 Acceptable use

Not to belabour the point, but your use of our services must comply with all laws, regulations, codes of conduct and rules of mobile operators, guidelines or industry standards and best practices.

Please respect the recipient’s preferences with regard to your communications with them.

1.1 When you use our services you must do so:

1.1.1 in accordance with our contract;

1.1.2 in accordance with all laws, regulations, codes of conduct and rules of mobile operators, guidelines or industry standards and best practices applicable to your contract with us and in the jurisdiction of all persons to whom you direct communications when using our services;

1.1.3 for the purposes for which they are designed; and

1.1.4 in a manner which does not interfere with or diminish others' rights.

1.2 You must:

1.2.1 have a commercial relationship with all intended recipients of any commercial electronic communications that you send using our services;

1.2.2 ensure that all intended recipients would reasonably expect to receive commercial electronic communications from you, or that recipients have requested the receipt of messages from you or consented thereto;

1.2.3 offer a convenient method for recipients to opt-out of receiving commercial electronic communications from you or from a subscription service;

1.2.4 obtain express consent from intended recipients if required by law or a relevant industry code of conduct and specifically for any subscriptions for which a recipient may be charged repeatedly; and

1.2.5 include contact details and identifying particulars in your electronic communications sent via our systems to ensure that recipients can identify you as the sender and that complaints are directed to you and not to us or to a mobile network.

2 Some things are just straight up wrong. Please...

These are examples (there may be others) of illegal, abusive or otherwise unacceptable or inappropriate behaviour. Please read it carefully. You must not engage in this behaviour or assist someone else to do so.

2.1 You must not use our services to send junk electronic communications, spam or any unsolicited messages.

2.2 You must not make any misrepresentations. This includes communications that:

2.2.1 deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

2.2.2 impersonate or attempt to impersonate someone else or otherwise misrepresent your identity to any person;

2.2.3 create a false identity, mobile phone address or header; and

2.2.4 forge or otherwise manipulate origination details and data on any electronic communications to disguise or delete the origin of anything transmitted using our service.

2.3 You must not transmit anything (including words and images) which is defamatory, discriminatory, obscene, lewd, offensive, morally repugnant, induces an unacceptable sense of fear or anxiety threatening, abusive, harassing, harmful, hateful or which contains pornography, adult content, induces or promotes tribal or racial disharmony, 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.

2.4 You must not commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities such as a financial scam, ‘pyramid schemes’ or ‘chain letters’..

2.5 You must not

2.5.1 violate or infringe anybody's intellectual property rights;

2.5.2 use our intellectual property (including the our trade marks, any website content and our proprietary software) without our consent;

2.5.3 reproduce, replicate, copy, sell or re-sell any of:

2.5.3.1 our services or any part thereof including websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation; or

2.5.3.2 the information or data contained in our services.

2.6 You must not violate any applicable third party policies or requirements.

2.7 You must not do anything which does or may:

2.7.1 damage, impair, overburden or disable our systems or services, or the systems of others;

2.7.2 interfere with another user's use and enjoyment of the service or of similar services;

2.7.3 interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks.

2.8 You must not:

2.8.1 compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;

2.8.2 transmit any computer code which is designed to harm the operation of any software, hardware or network, including viruses, Trojan horses, worms, time bombs and cancelbots. The names are funny, but the consequences are not.

2.9 You must not 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.

2.10 Don’t violate the privacy of any person.

2.11 You must not repeatedly transmit content in such a manner as to have the effect of harassing a recipient.

2.12 When we say ‘emergency services’ we mean services that allow a user to connect with emergency services personnel or public safety answering points (e.g. 911 in the US).

2.13 You must not offer emergency services to mobile phone users or your clients.

2.14 You must not submit any SMS messages for transmission through MTN Nigeria, the content whereof makes reference to any of MTN Nigeria’s competitors or to products or services provided by MTN Nigeria’s competitors.

3 Investigations

We are allowed to investigate violations of these rules and share information with others.

3.1 If you, or others using your account, violate (or if we have reason to believe that you have violated or have encouraged others to violate) these rules, we may investigate the incidents that we believe are contrary to these rules.

3.2 This right to investigate is in addition to our other available rights and remedies described in the other parts of our contract.

3.3 We may provide this information to affected third parties and to governing authorities legally requesting it.

3.4 Our failure to enforce these rules of use does not amount to a waiver of our rights.