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    Unifonic SMS Service Specific Terms

      Welcome to Unifonic's SMS Service! These Service Specific Terms and conditions (the "Terms") will help us communicate clearly.

    1. Definitions

      Here is what some words and phrases mean:


      “Authentication” 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.


      “SPAM Messages” means any electronic message that is sent without enabling the user to submit a request to unsubscribe from it, by any means of electronic communication, including, but not limited to, e-mail, SMS, Voice, and multimedia messages (MMS), Flash SMS and fax messages, excluding warning, educational and personal messages from this definition. SPAM Regulations are available on the link  (https://docs.unifonic.com/docs/compliance-anti-spam-regulations) 


      That concludes the simple explanations for these Terms. Should you require further clarification, please rest assured that our team is readily available to assist you. Now, let's proceed to explore the next section.

    2. Access to the Services

      Welcome to Your Service Journey!


      2.1. Your Service Experience: Throughout the specified period in these Terms, we are committed to putting forth our best efforts. Our goal is to provide you with SMS Services in a commercially reasonable manner, aligning with these Terms.


      2.2. Your Console Privileges: Your gateway to the SMS Services is the Unifonic Console. We're granting you an exclusive, non-transferable right – without sublicensing capability – to utilize the Unifonic Console. This privilege allows you to access and fully enjoy the benefits of our SMS Services.


      Let’s make this experience uniquely yours!

       



       

    3. Supply of Services

      Navigating Through Challenges:


      As we venture forward, let's discuss the supply of our services:


      3.1. Addressing Non-Conformities: We understand that sometimes challenges arise. If there is any instance where we do not meet the terms of clause 2.1, it's important to recognize that this non-conformance may occur due to specific reasons. This could be linked to your use of SMS Services in a manner contrary to our instructions, or modifications and alterations carried out by entities other than Unifonic or our duly authorized personnel. In such situations, we want to assure you that this does not result in a breach on our part.


      Our Commitment to Resolution: In cases where the SMS Services deviate from the terms stipulated in the Agreement, our commitment to you remains unwavering. We undertake, at our own expense, all reasonable commercial efforts to promptly rectify any such non-conformance. This could involve corrective measures or, if needed, providing you with an alternate avenue to achieve the desired performance or intent of the SMS Services. Rest assured, your satisfaction and compliance remain at the heart of our actions.


      3.2. Acknowledging Message Transmission Responsibility: 


      It's crucial to acknowledge:


      We recognize your role in transmitting messages, and it's important to operate within the confines of the law. As you send Messages, it is your responsibility to ensure adherence to all Applicable Laws governing their transmission. This includes regulations specific to the jurisdiction from which the message originates and/or where it is received. Compliance extends to aspects such as SPAM regulations, message content guidelines, and permissible timing of transmissions.

    4. SMS Services

      Under these Terms, the SMS Services encompass the following offerings:


      4.1. SMS Campaign:


      The SMS Campaign enables you to designate one or multiple End Users to receive the SMS Campaign. This includes the following applications:


      Campaign Scheduling: Schedule an SMS Campaign for a future date and time or immediate execution.


      Campaign Summary Reports: Obtain an overview of SMS Campaign delivery outcomes, along with a detailed message log featuring delivery status and, if relevant, reasons for non-delivery. The message log can be exported and shared via email.


      4.2. SMS API:


      The SMS API empowers you to programmatically send SMS to mobile numbers and retrieve delivery statuses. This API is accessible over HTTPs for data security and encryption.


      4.3. SMS Delivery/Delivery Status:


      Track the status of your SMS messages to gain insights into delivery progress and potential causes for non-delivery.


      4.4. SMPP and HTTPs Support:


      Flexibly integrate mobile apps, online solutions, and business systems through either SMPP or HTTPs protocols.


      4.5. Template SMS:


      Utilize SMS templates for streamlined mass messaging to multiple recipients with consistent content.


      4.6. Multi-Language Support:


      Send SMS messages in various languages directly from the Unifonic Platform.


      4.7. Duplicate Messages Filter:


      Unifonic's system prevents the transmission of duplicate SMS messages.


      4.8. Number Validation:


      Ensure accurate message delivery by preventing SMS transmission to invalid numbers.


      4.9. Blocked Word Detection:


      We implement SMS filtering to identify messages containing prohibited words from a predefined blocked word list, specific to Operators or entire countries.


      4.10. MNP:


      Send messages to ported mobile numbers with ease.


      4.11. Authentication:


      Experience the convenience of two-factor authentication through a one-time password (OTP) system. Verification occurs when the user's OTP matches the Unifonic code, enhancing security and user verification processes.
      By utilizing our SMS Services, you're accessing a comprehensive suite of tools designed to enhance your communication strategies and user interactions.

    5. Customer's Obligations

      5.1. Commitment to Saudi Arabian Regulations
      The Customer shall refrain from sending any messages containing content that violates any applicable regulations, including but not limited to the content of any links included within the message text.

      5.2. One-Time Password (OTP) Messages
      When sending Short Message Service (SMS) messages containing One-Time Passwords (OTPs), the Customer must include a clear explanation of the reason for sending the OTP in the message text and shall not rely solely on sending the code.

      5.3. Sender Name Classification
      The Customer shall fully comply with the correct classification of the sender’s name as designated for Short Message Service (SMS), and shall refrain from any misuse thereof, such as sending promotional messages using a service sender name or sending service messages using a promotional sender name.

      5.4. System-to-System Promotional Messages
      The Customer shall refrain from sending promotional campaign messages through system-to-system (S2S) integrations from its systems to the systems of SMS service providers, including Unifonic’s system.

      5.5. Promotional Messages
      Before sending any promotional messages to End Users, the Customer shall:
      5.5.1. Provide End Users with an explicit option to consent to receiving promotional messages. Implied consent via privacy policies or service agreements shall not be deemed valid. The burden of proving such consent shall rest with the sender.
      5.5.2. Enable End Users to request the cessation of promotional messages at any time, via traditional or electronic channels.
      5.5.3. Cease sending any promotional messages within twenty-four (24) hours of receiving a stop request.
      5.5.4. Send a confirmation notification upon the activation or deactivation of promotional messaging in response to such requests.

      5.6. Awareness Messages
      Before sending awareness messages to End Users, the Customer shall:
      5.6.1. Coordinate with the relevant authorities prior to sending awareness messages.
      5.6.2. Include the official sender name in the message text.
      5.6.3. Ensure that the number of messages sent from a sender to a single user does not exceed one message per day, or as otherwise determined by the competent authority.
      5.6.4. Refrain from sending promotional or awareness messages between 10:00 PM and 9:00 AM daily, and during the holy month of Ramadan from 1:00 AM to 12:00 PM, in accordance with the Kingdom’s local time.

      5.7. Use of Personal Numbers
      The Customer is strictly prohibited from sending promotional SMS messages using a personal or mobile phone number.

      5.8. Prohibited Tools and Practices
      The Customer shall not use random attack programs, address-harvesting software, or email addresses obtained through such tools. The Customer is prohibited from sending intrusive or unsolicited messages, or any messages that violate applicable laws.
      In the event of such violation, Unifonic reserves the right to immediately suspend the provision of Services without prior notice to the Customer.

      5.9. SPAM Messages
      The Customer shall not send SPAM messages. If the Customer sends any SPAM messages, Unifonic reserves the right to suspend the Service immediately and without prior notice.

      5.10. Cooperation and Access
      During the Term, the Customer shall provide Unifonic with:
      5.10.1. All necessary cooperation in relation to these Service-Specific Terms; and
      5.10.2. All necessary access to information as may be required by Unifonic.

      5.11. Compliance and Obligations
      As required by Applicable Law, any Regulatory Authority, these Service-Specific Terms, or an Operator, including but not limited to requirements related to data, security access, or configuration services, the Customer shall:
      5.11.1. Carry out all Customer responsibilities set out in these SMS Terms and Conditions in a timely and efficient manner;
      5.11.2. Ensure that Authorized Users use the SMS Services and the Unifonic Platform in accordance with these Terms and any other applicable conditions required by Unifonic. The Customer shall be liable for any breach by its Authorized Users.

      5.12. Suspension of Service
      Unifonic reserves the right, without liability or prejudice to its other rights, to disable or suspend the Customer’s access to the SMS Services or Unifonic Platform in the event of any material breach (or potential material breach) of this Agreement, including but not limited to non-payment. Unifonic shall make its best efforts to provide prior notice where practicable.

      5.13. Unauthorized Access
      The Customer shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the SMS Services and/or Unifonic Platform. In the event of such unauthorized access or use, the Customer shall immediately notify Unifonic.

      5.14. Liability for Regulatory Penalties
      In the event that the Customer breaches any provision of this Agreement and such breach results in the imposition of a fine, penalty, or sanction on Unifonic by the Communications, Space & Technology Commission (CST), Unifonic shall be entitled to recover from the Customer the full amount of such fine, penalty, or sanction, together with all related costs, including without limitation legal fees, attorney fees, and any other expenses incurred in connection therewith.

    6. Fees

      6.1. Your Investing in Quality:


      As we provide the SMS Services and extend the privilege of utilizing the Unifonic Platform in accordance with the Agreement and these Terms and Conditions, a consideration is involved. You, as the Customer, commit to settling all applicable Fees to Unifonic, as specified in the Order Form.


      6.2. A Note on Rates:


      We understand that the rates for international traffic by service providers can be subject to fluctuations. Any such changes will be promptly applicable to you, without prior notice. Our commitment lies in ensuring that you can stay informed about the latest country rates through our Unifonic website.


      Additional Costs for MVNOs: In instances where MVNOs are utilized, please note that considering the supplementary expenses, the rate applicable will be four times the provided rate for Operators. We would like to point out that these prices are subject to change by the service providers from time to time and will be applied to you immediately without prior notice.

      6.3. Charging for Initiated SMS:


      6.3.1 For every SMS initiated and processed through the Unifonic Platform in alignment with the Agreement, Unifonic will charge you, regardless of its delivery outcome.


      6.3.2 The Customer acknowledges and understands that the payments made to Unifonic are non-refundable, and the Customer must utilize the Services within the term set out in the Order Form, otherwise, Unifonic reserves the right to demand payment of full Fees even if the Services are not utilized.  

      6.4. In Case of Unpaid Amounts:


      6.4.1 In the event of outstanding amounts from your end, Unifonic holds the right to withhold required technical support during the specified period. Additionally, the priority of sending Messages and adhering to the agreed level of service may also be impacted.


      We appreciate your understanding of these financial matters as we continue delivering top-quality services. 


      If you have any queries, please don't hesitate to reach out – we're here to assist you.