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SMS Service Specific Terms

1. Definitions

In these Service Specific Terms, the words and terms used herein shall have the same meanings set forth below unless otherwise defined in the Unifonic General terms and Conditions and references to clause numbers shall refer to the clauses of these SMS Service Specific Terms, unless otherwise dictated below.

“Authenticate” has the meaning ascribed to it in clause 4.11.

“Blocked Word Detection” has the meaning ascribed to it in clause 4.10.

“Duplicate Messages Filter” has the meaning ascribed to it in clause 4.8.

“HTTPs” means Hypertext Transfer Protocol Secure.

“MNP” means Mobile Number Portability.

“MVNO” means Mobile Virtual Network Operator.

“Number Validation” has the meaning ascribed to it in clause 4.9.

“SMPP” means Short Message Peer-to-Peer.

“SMS“  or “Message” means a unit of message provided through the Services which shall comprise such number of characters as prescribed by the respective Operator.

“SMS API” has the meaning ascribed to it in clause 4.2.

“SMS Campaign” has the meaning ascribed to it in clause 4.1.

“SMS Services” or “Services” means the provision of Short Message Service through any Operator or MVNO authorized in the Territory and enabled by Unifonic to be provided and utilized by the Customer via the internet, as further described in Clause 4 and the Order Form.

“SMS Terms and Conditions” or “Service Specific Terms” means these Service Specific Terms, which are specific to the provision and use of SMS Services.

Template SMS” has the meaning ascribed to it in clause 4.5.

  1. 2. Access to the Services

2.1. Subject to the terms of these Service Specific Terms, Unifonic will during the Term, use commercially reasonable efforts to provide the Customer the SMS Services in accordance with the Agreement.

2.3. Unifonic will provide the SMS Services through the Unifonic Console, and grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Unifonic Console to access and enjoy the benefits of the SMS Services.

  1. 3. Supply of Services

  2. 3.1.    Unifonic will not be in breach of clause 2.1 to the extent any non-conformance is caused by the use of the SMS Services by the Customer contrary to Unifonic's instructions, or the modification or alteration of the SMS Services by any party other than Unifonic or Unifonic's duly authorised employees, contractors or agents. If the SMS Services do not conform with the terms of the Agreement, Unifonic will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance or intent of the SMS Services. 

  3. 3.2.    The Customer acknowledges and agrees that the transmission of any Messages will be in accordance with all Applicable Laws that apply to the Message being sent (which may be those of the jurisdiction where the message is sent from and/or is sent to), including but not limited to those pertaining to the regulation of spam, message content, and permissible timing of messages.

  5. 4. SMS Services

4.1. SMS Campaign:

SMS Campaign allows the Customer to specify one or many End Users who will receive the SMS Campaign. The following applications will be available for the SMS Campaign:

  • Campaign Scheduling: Schedule an SMS Campaign to take place at a later date and time or run immediately; and

  • Campaign Summary Reports: Summary of SMS Campaign delivery results, and a per Message log with delivery
    status, and (if applicable), the rejection reason for each non-delivered SMS. Per message log can be exported to a file and sent to the customer via email.

4.2. SMS API:

SMS API consists in an API that allows customers to programmatically send SMS to mobile numbers and retrieve the delivery status. The API is served over HTTPs protocol to ensure data privacy and encryption.

4.3. SMS Delivery/ Delivery Status:

This feature allows the Customer to track the status of its SMS messages to get insight about delivery status and possible reasons for non-delivery.

4.4. SMPP and HTTPs support

This feature gives the Customer the ability to find the most suitable way to integrate with mobile apps, online solutions, and business systems with either SMPP or HTTPs protocol.

4.5. Template SMS: 

The Customer shall have the ability to use an SMS template to ease the sending of SMSes to multiple recipients with the same content.

4.6. Multi-Language Support: 

The Customer shall be able to send SMSes in various languages from the Unifonic Platform.

4.7. Duplicate Messages Filter: 

Unifonic will prevent the Customer from sending duplicate SMS messages.

4.8. Number Validation: 

Unifonic will prevent the Customer from sending SMS messages to invalid numbers.

4.9. Blocked Word Detection: 

Unifonic shall perform filtering of SMS messages with a body containing prohibited words from a blocked word list which can be specific for an Operator or for the whole country.

4.10. MNP: 

Unifonic supports sending messages to ported mobile numbers.

4.11. Authenticate: 

Authenticate is a two-factor authentication service via a one-time password (“OTP”). Verification occurs when an End User's token matches with Unifonic’s token. A token is the OTP code generated by Unifonic. A Customer will be able to verify the phone number of the End User through OTP service.


5. Customer's Obligations


5.1    During the Term, the Customer shall

a. only use the SMS Services to transmit Messages that are permissible pursuant to the Applicable Laws. In some cases, this may include personal or general messages that introduce the services or products of the Customer, warning messages, security authorization messages (such as one-time passwords), or notification messages sent to its direct or indirect customers;

b. Provide Unifonic with:
    1. all necessary co-operation in relation to these Service Specific Terms; and
    2. all necessary access to such information as may be required by Unifonic,
      as is required by Applicable Laws, any Regulatory Authority, these Service Specific Terms, or an Operator, including but not limited to with regards to Data, security access information, and configuration services;
      c. carry out all other Customer responsibilities set out in these SMS Terms and Conditions in a timely and efficient manner;

      d. ensure that the Authorised Users use the SMS Services and the Unifonic Platform in accordance with the terms and conditions of these Service Specific Terms, any other terms and conditions by which Unifonic requires the Customer to be bound in order to utilise the SMS Services, and shall be responsible for any Authorised User’s breach of these Service Specific Terms;

      e. have full responsibility about the content and validity of the information it sends to the End User via the SMS Services, and acknowledge and agree that Unifonic is under no obligation to monitor or censor any of the content of information sent via the SMS Services or user input relating to or from the SMS Services.

5.2.    Unifonic reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to the SMS Services and Unifonic Platform if it becomes aware of any material breach (or potential material breach) of the Agreement (e.g. non-payment). Unifonic will make its best efforts to provide as much advance notice as it can to that effect.

5.3.    The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the SMS Services and/or the Unifonic Platform and, in the event of any such unauthorised access or use, promptly notify Unifonic. The Customer will immediately notify Unifonic about any unauthorised use of any of the Customer’s accounts registered with the Unifonic Platforms.


6. Fees

6.1.    In consideration of Unifonic performing the SMS Services and granting the right to use the Unifonic Platform in accordance with the Agreement, and these SMS Terms and Conditions, the Customer shall pay all Fees to Unifonic in accordance with the Order Form.

6.2.    Unifonic will charge the Customer for each SMS that has been initiated and processed through the Unifonic Platform in accordance with the Agreement regardless of its delivery.

6.3.    In the event there are amounts due and unpaid by the Customer, Unifonic has the right not to provide the required technical support during the specified period or to commit to the priority of sending Messages and the agreed level of service.6.1    During the Term, the Customer shall:


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