- NETWORK COVERAGE
- TERM AND TERMINATION
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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, in which case you will continue to contract with the relevant Clickatell company as per our agreement.
3. NETWORK COVERAGE
You can send SMS messages via the Clickatell Hosted Codes to mobile phone users connected to supported US mobile networks only. Clickatell may add and/or remove mobile networks to/from the list of supported mobile networks at any time and without prior notice. For a list of mobile networks that can be reached using this service, please consult our Coverage and Carrier Cost page, available at https://www.clickatell.com/pricing-and-coverage/message-pricing/. Should you attempt to send a SMS message to a mobile phone user connected to a mobile network not listed on the Coverage and Carrier Cost page, we reserve the right to charge you for those messages as if they were received by the mobile phone users even if transmission failed.
- Keywords. Clickatell uses the keyword assigned to your account to identify SMS messages received from mobile phone users (MO Messages) via the Hosted Codes which relates to your account. 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 Service application process. Should you provide multiple SMS messaging services via our Hosted Codes, we may allocate more than one keyword to your account, however, each type of messaging service that your intend to provide and the accompanying keyword has to be captured in a separate application. A keyword/s will be allocated to you’re account once we have authorised you to use this Service and you have paid the set-up fee.
- Allocation use. You may utilize keywords for purposes of managing opt-ins only. Unauthorized use of keywords includes mobile phone user initiated information queries.
- Keyword expiration. Keywords allocated to your account will expire should your account be inactive for 180 days or more. You can keep your account active by purchasing Message Credits and/or sending SMS messages using this Service.
- Content Restrictions. You may ONLY use this Service for transmission of the type of content for which your application was approved by us. If you were approved to use the Hosted Code, you may only send alerts to mobile phone users. If you were approved to use the Hosted Code, you may only send message content relating to OTPs to mobile phone users.
- Prohibited Conduct. In addition to our Rules of Use you may NOT use this Service for transmission of any of the following ("Prohibited Conduct"):
- Voice calls. The Hosted Codes are not activated for and may not be used for voice services.
- Prohibited content. For purposes of these terms, prohibited content includes marketing and advertising related content of an adult nature, 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.
- Digital content delivery. For purposes of these terms, digital content delivery includes the sending of ringtones, wallpapers or other binary content
- Machine-to-machine messaging such as telemetry or telematics
- Spamming. SMS messages may be sent only to mobile phone users who have knowingly opted-in to receive messages at specified intervals, times of day and of a known nature from you.
- Any text that:
- is unsolicited or harassing messaging (commercial or otherwise), including unsolicited or unwanted phone calls, SMS messages, voice mail, email and / or facsimiles, “junk mail” and/or “bulk e-mail”; or
- may or actually causes the introduction of “viruses,” “worms,” “Trojan horses,” “e-mail bombs,” “cancelbots” or other similar computer programming routines into our systems;
- is unlawful (including, without limitation, obscene, defamatory or libellous) or offensive as we determine in our sole discretion;
- is misleading or inaccurate;
- infringes the intellectual property of any person; or
- executes, initiates or causes “phishing” or social engineering activities.
- Opt-in / Opt-out.
- Alert service double opt-in. You agree to comply with opt-in regulations of the US mobile networks. In case of the Alerts Service a double opt-in is required from the mobile phone user. The initial opt-in is performed by the mobile phone user by signing up on your service website or by sending a text message to the Alerts Hosted Short Code containing the keyword assigned to your account from their mobile device. Once the opt-in request is received by you via our APIs, you are required to send a confirmation MT message to and ask the mobile phone user for an opt-in confirmation (“2nd opt-in”). The 2nd opt-in requires a text message confirmation (eg. “Yes”) to be sent to the Hosted Code by the mobile phone user from their mobile device, which will be forwarded to you via our APIs. Clickatell will then transmit a final confirmation SMS message to the mobile phone user via the Hosted Code confirming to the mobile phone user that the signup to the relevant alerts service was successful. You agree to integrate the proposed double opt-in flow into your service offering including the service website signup wording documented in the application form. If a mobile phone user has previously opted in to receiving PIN or Alert communications from you, whether you used this service or another Clickatell service or short code, you may continue to send such communication to them using our Hosted Code service without obtaining an additional explicit opt-in. However, in such instances, please note that the existing opt-in must have complied with the US mobile networks’ regulations, that Clickatell may request proof of such opt-in and that we may suspend your account should you not be able to provide us with such proof within two business days from our request.
- OTP service opt-in. Should you provide OTP services to Mobile phone users, no opt-in is required from such mobile phone users but the service description wording on your website has to comply with mobile network regulations as referenced in the application form.
- Opt-out. You agree to comply with opt-out rules required by US mobile networks. Should a mobile phone user indicate his/her desire to opt-out and to no longer receive SMS messages from you, you agree not to send the mobile phone user any further SMS messages until the mobile phone user has again opted-in to your service. You will receive opt-out requests via our APIs and Clickatell also manages an opt-out list of mobile phone users that is available to you via our reporting interface by logging into your account.
- Indemnity. You agree to indemnify, defend and hold harmless Clickatell, our affiliates, agents, employees and suppliers against any claims from mobile phone users and/or any other third parties relating to or resulting from your use of this Service and/or any failure by you to comply with these terms.
- Service Fees. In consideration of our provision of these Services to you, you will pay us the Set-Up and Monthly Fees detailed in the application form ("the Code Fees"). The Code Fees are in addition to Message Credits and any other fees you may be responsible for under our Terms or other agreement. All payments will be made in U.S. dollars and we will invoice you electronically.
- Set-Up Fee. You will pay a once off set-up fee as detailed in the application form. The set-up fee is payable immediately upon Clickatell approving your application to use this Service. Keywords will only be allocated to your account once we have received your set-up fee.
- Rental Fees. Rental fees are charged per month but are payable quarterly in advance. Rental fees in respect of each renewal term will be due and payable no later than the day before the start of such renewal term. You may pay rental fees up to 12 months in advance.
- Taxes. The Code Fees are exclusive of taxes or similar fees now in force or enacted in the future or imposed, all of which you will be responsible for and will pay for directly or reimburse Clickatell in full, including but not limited to, sales, usage, excise, ad-valorem, property or any other taxes, surcharges or fees ("Other Fees"), except for taxes based upon Clickatell's net income.
- Payment terms. Clickatell will invoice you electronically for any applicable fees. The set-up fee is payable within 30 days from the date of invoice and the rental fees must be paid prior to the commencement of the next renewal term.
- Unpaid invoices. Invoices not paid by the due date are subject to a fee of US$250 for each 30-day period that the fees are not timely paid ("Late Fee"). You agree that the Late Fee is not a penalty but liquidated damages and that the Late Fee is reasonable as of the Effective Date. In the event that Clickatell initiates collection proceedings for amounts due, you will be liable for all collection and other costs incurred by us, including but not limited to, reasonable attorneys' fees whether or not litigation is commenced. Clickatell retains the right to suspend this Service immediately and without prior notice if you fail to pay invoiced rental fees prior to the commencement of the renewal term in respect of which such invoice was issued.
- Message credits. The costs of delivering and receiving messages are not included in the Code Fees. In order to send SMS messages via these Hosted Codes you need to purchase message credits.
- Term. These terms will commence on the effective date, as defined in the application form and will continue for an initial period of 3 months ("Initial Term") unless these terms are terminated earlier. These terms will automatically renew for successive three-month periods (each a "Renewal Term" and collectively with the Initial Term, the "Term"), unless either party provides the other party with written notice of non-renewal, given not less than 30 days prior to the end of the Initial Term or any Renewal Term.
- Suspension and termination for breach. Should we become aware or reasonably suspect that you or anybody using your account is in breach of any of these terms, we reserve the right to terminate (in whole or in part) our services to you or to suspend (in whole or in part) our services to you and your account with immediate effect, 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 code 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 thereafter.
- Expiration or termination of main agreement. These terms will automatically terminate upon termination (for whatever reason) of your contract with us (ie. our Terms, DSA, MSA or similar agreement).
- Effect of termination. Upon the expiration or termination of these terms, you will immediately stop using Clickatell’s Alerts and PIN Hosted Codes. Upon termination of this service, you will forfeit rental fees paid in respect of the then current and any previous renewal terms. However, Clickatell will reimburse you for any rental fees paid in advance in respect of any future renewal terms.
- Warranty / Disclaimer of Warranty. YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE PINs & ALERTS SUBJECT TO THE DISCLAIMER OF WARRANTY(IES) SET FORTH IN OUR TERMS, DSA OR MSA AS APPLICABLE.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN OUR TERMS, DSA OR MSA AS APPLICABLE, ARE ALSO APPLICABLE TO THIS SERVICE AND THESE TERMS.