Bulk SMS Messaging Terms and Conditions

1.    Introduction

In terms of the Memorandum of Agreement already concluded between the parties, the customer will adhere to the Bulk SMS terms and conditions below:

1.1  Memorandum of agreement

The customer shall comply with these terms and conditions and shall continue to be bound by the Memorandum of Agreement. In the event of any conflict or inconsistency between the provisions of the Memorandum of Agreement, these SMS Bulk Messaging terms and conditions (“the terms and conditions’), and/or in the Code of Conduct, and/or in the WASPA code of conduct (unless specifically and expressly otherwise provided in the Memorandum of Agreement), the provisions of the Memorandum of Agreement shall prevail followed by these terms and conditions, the WASPA Code of Conduct. The phrases used in these terms and conditions shall, unless the context clearly indicates otherwise, have the same meaning as assigned to them in the Memorandum of Agreement.

1.2  Application / vetting criteria

Prior to the Customer being permitted to make use of SMS Bulk Messaging (and at all times after approval from Vodacom may have been obtained), the customer shall be required to adhere to Vodacom’s prerequisites, including but not limited to the following:

1.2.1      SMS Bulk Messaging will only be available to business partners who have an agreement with Vodacom.

1.2.2      The customer must never have been declared insolvent or be undergoing debt counselling or debt review.

1.2.3      The customer must not have any record of business rule contravention with Vodacom or WASPA in the last six months.

1.2.4      As with all transactions, regardless of how they are initiated, for any transaction initiated via SMS, the clauses from the agreement, Code of Conduct and any other specific service related clauses relating to SMS transactions should be adhered too.

1.2.5      Vodacom has a right to use its own discretion to grant customer’s access to SMS Bulk Messaging.

1.2.6      In the event of a customer using SMS Bulk Messaging for any fraudulent purpose or for any other purpose for which it was not intended, Vodacom shall be entitled to immediately terminate the agreement. In terms of the law, Vodacom is obliged to report fraudulent activities to the police.

1.2.7      All monies owing, due and payable to Vodacom by the customer at date of application for SMS Bulk Messaging must be settled in full.

1.2.8      Vodacom may, in their sole discretion, reject an application to use SMS Bulk Messaging.

1.3  General administrative and technical specifications, procedures and regulations

1.3.1      In the event that Vodacom determines (as it in its sole and absolute discretion may do) that the customer cannot or has not complied, or can no longer comply with these terms and conditions, then Vodacom may immediately and without notice reject the Customer’s application to deploy SMS Bulk Messaging or once deployed, immediately and without notice suspend the Customer’s right to use SMS Bulk Messaging.

1.3.2      The customer is not allowed to use a Vodacom logo, trademark, slogan or any other device or form of intellectual property belonging to Vodacom in advertising without the prior written consent of Vodacom.

1.3.3      In all advertising, the customer name must be stated so that the customer is made aware that it is a customer and not Vodacom that is offering the service.

1.3.4      Contravention of any of Vodacom’s terms and conditions will result in the suspension of services and failure to resolve within 48 hours of notification will result in termination of services.

1.4  Warranties and disclaimers

Vodacom does not give any warranties with regard to the provision of SMS Bulk Messaging and the customer must ensure that no such warranties are given to the service users.

1.5  Third parties

The customer shall ensure that in any agreement it enters into with any of its sub-contractors, agents, partners, suppliers or the like regarding any matter relating to SMS Bulk Messaging, or should any of the customer’s rights as provided for herein be exercised through such persons, then it shall bind such persons to the same obligations to which it is bound in terms of these terms and conditions, as may be applicable in the circumstances, and shall ensure that their exercise of such rights do not contravene these terms and conditions. Furthermore, the customer shall be responsible for the acts or omissions of such persons that contravene these terms and conditions.

2.    Bulk SMS Charges

Transactions will be charged as indicated on Annexure A of the Memorandum of Agreement.

For further enquiries please contact WASP Support:

Office Number:              011 465 6479

E-mail:                           vodacomwasp@vodacom.co.za