These terms and conditions apply to you if you are an authorised Reseller of Clickatell's long code service ("the Service"). Please contact our support centre should you be uncertain as to whether you are authorised to use this Service or should your wish to become an authorised Reseller.
It is important that you understand your responsibilities and the limitations that applies to you as Reseller and to your Users in respect of the Service. "User" means a natural or juristic person to whom you resell our our long code service and who submits SMS messages for transmission to subscribers and/or receives SMS messages from subscribers via a long code allocated to your Clickatell Long Code Reseller account ("your account");
The Clickatell company that provides this Service to you is detailed on our "Who am I contracting with?" page, unless you have entered into a DSA, MSA or similar agreement with us ("our written agreement"), in which case you will continue to contract with the relevant Clickatell company as per our written agreement.
- Your relationship with User.. You are obliged to ensure that Users comply with the acceptable use obligations and restrictions contained in these terms. It is your responsibility to highlight all restrictions and obligations to Users and to ensure that they are aware of and understand their obligations when using the Service via your account. You undertake to enter to an agreement with each User that contain at least the same restrictions and obligations as these terms read with our Terms and/or our written agreement as applicable. You must retain proof of each User's acceptance of this agreement.
- Right to Audit. Clickatell reserves the right to audit your agreements with Users and processes relating to the resale of the Service at any time in order to ensure compliance with these terms. You agree to provide us with all information and documentation required within 7 days of Clickatell requesting you to do so.
- Indemnity. You agree to indemnify, defend and hold harmless Clickatell, our affiliates, agents, employees and suppliers against any claims from subscribers, Users and any other third parties relating to or resulting from
- your or a User’s use of our the Service or long code;
- your or a User’s failure to comply with any of Clickatell’s applicable terms; and/or
- your resale of our long code service.
- Limited Maintenance and Technical Support.You agree that Clickatell does not provide any maintenance and/or technical support for the Service to Users. Limited support is provided exclusively to the reseller.
- Monitoring of your account. We reserve the right to monitor your use of our Service with regard to messaging behaviour and content for operational purposes.
- Term. These terms will commence on the date of our countersignature of your Long Code Reseller application and will continue for an indefinite period until either you or we terminate these terms as provided for herein.
- Termination. Either party may terminate these terms by giving the other party written notice at least 30 (thirty) days before the end of the current quarter.
- Suspension and Termination for Breach. Should we become aware or reasonably suspect that you or any User is in breach of any of these terms, we reserve the right to terminate (in whole or in part) our services to you, to suspend (in whole or in part) our services and your account, and/or to retract the long codes allocated to your account with immediate effect, with or without notice to you. Should we terminate our services to you as a result of your breach of these terms, you agree that you will forfeit all monies paid to Clickatell to that date, including subscription fees and message credits. Should your account be suspended in terms of this section, the suspension will continue only for as long as reasonably necessary to remedy the breach (to the extent the breach may be remedied) and we will promptly re-initiate access to your account once we are, in our sole discretion, satisfied that the breach has been remedied.
- Effect of Termination. Upon the expiration or termination of these terms, you and all Users will immediately cease using the long codes assigned to your account and the Service. Clickatell reserves the right to re-allocate any long codes immediately upon termination of these terms without notice to you.