SMS CENTRAL AUSTRALIA PTY LTD

TERMS AND CONDITIONS

1. Setting the rules of engagement

These terms and conditions detail our responsibility as a service provider to you and what we require from you as one of our customers.  They’re in plain English to make them easy to understand.  When you register for the service by clicking the “Get Started” button at the bottom of the “Register a New Account” page, you (our customer) agree to these terms and conditions. You acknowledge that these terms and conditions are a binding legal agreement between you and SMS Central. This agreement will commence on the date that you register for the service.

2. Defining the terms:

3. Our services (what we provide)

SMS Central grants you the right to access and use our service via the website with the functionality according to your package type.  This is non-exclusive and non-transferable and limited by these terms.

4. Use and protection of customer information and intellectual property rights (your information is yours and our is ours)

1. SMS Central will not:

(a) use any of your information for purposes other than providing you with our Services and making sure we deliver our obligations under this agreement;

(b) sell, transfer, sub-licence, assign rights in or otherwise dispose of any of your information.

2. Any of your information on SMS Central’s System will be used:

(a) to deliver our service including through the network operators;

(b) to the extent required by law or any government or governmental body which has authority over the Services; or

(c) if required for the purposes of any legal proceedings relating to this agreement.

3. We will establish and maintain reasonable safeguards and use reasonable measures to protect against the destruction, loss or alteration of any information you upload and/or any records on the SMS Central System.

4. You will retain all intellectual property rights in the information you upload and/or record on our System.

5. You hereby grant us a non-exclusive, non-transferable, royalty-free licence to use and reproduce any information you upload and/or record on the SMS Central System solely for the purpose of enabling SMS Central to provide the services.

5. Fees and payment (everyone’s favourite topic)

1. Our services are made available to you on a “pay as you go” basis.  You will maintain access to your SMS Central account even if you have no SMS or MMS message credit; however, you will not be able to send any messages unless you have purchased the required credit.  (seems pretty fair)

2. You will be required to pre-pay SMS Central for the required SMS and MMS messages you send through the SMS Central System. 3. Your prepaid fees will provide you with the equivalent SMS and MMS credit which will allow you to use our SMS System. 4. Each time you send a message, we will instantly deduct the total charges of the sent campaign from your prepaid fees. 5. We will only charge you the fees relevant to the chosen message package indicated by you on the pricing form on our website.6. SMS Central will accept payment by debiting your credit card. You authorise us to do so when you select the “Payment” button on the website.7. There are no refunds or credits for partially used SMS credits.  To ensure all of our customers are treated equally no exceptions will be made.8. Prices of all services including, but not limited to, the SMS and MMS costs are subject to change upon 30 days notice by SMS Central given by email or posted on the website.

6. Your obligations (what we expect of you)

You must ensure that you (and anyone you authorise to use our services) do not use our service to transmit any messages that:

1. are defamatory, offensive, abusive, indecent, sexually explicit, menacing or harassing or cause damage or injury to any person or property;

2. constitute a violation or an infringement or misuse of any duty or obligation in contract, or otherwise to a third party;

3. infringe any intellectual property rights owned or licensed by SMS Central or a third party;

4. violate any person’s right of privacy or publicity, or transmit any material which contravenes any privacy laws and regulations;

5. contravenes any applicable law, regulation, standard or code including the Spam Act 2003 (Cth) (as amended or replaced);

6. are for an illegal purpose or expose either party to the risk of any legal or administrative action including prosecution under any law;

7. effect the availability of the services or causes interference to the normal operation of a telecommunications network or equipment;

8. result in the release or distribution of a “virus”, “worm”, “Trojan horse” or harmful computer code; or

9. represent (by act or omission) that SMS Central, its network suppliers or any other person associated with SMS Central has created, endorsed, reviewed, or has been in any way involved in the production of the message. SMS Central expressly accepts no liability for this type of message.

7. Usernames and passwords

1. You are responsible for keeping your username and password secure and protected from unauthorised use.

2. You agree that SMS Central is entitled to treat any access by, or use of your usernames and passwords as accessed by, or accessed with your authority. SMS Central has no obligation to verify any access, or use of the services, by you, or the use of your usernames and passwords.

3. You must notify SMS Central immediately if you become aware of access to your account by any unauthorised persons.

8. Indemnity and liability

1. You agree to indemnify SMS Central against all claims, costs, damages and loss arising from your breach of any of these terms or any obligation you may have to SMS Central including (but not limited to) any costs relating to the recovery of any fees that have not been paid by you.

2. SMS Central will not be liable for any delay or failure to provide the service. You acknowledge and agree that the provision of the services may be affected by a range of factors beyond our control, and we do not make any warranties or give any guarantees in respect of services provided by third parties.

3. To the extent permitted by law, we exclude all liability to you (or any other person) in contract, tort (including negligence) or otherwise for any loss (including indirect or consequential losses such as loss of data, profits, savings) or damage resulting directly or indirectly from use of, or reliance on, the service and the System.

4. If you suffer loss or damage as a result of our negligence or failure to comply with these terms, any claim by you against SMS Central arising from our negligence or failure will be, in respect to any one incident or series of incidents, limited to the prepaid fees paid by you.

9. Variation to these terms and conditions

1. We reserve the right to change, modify, add to, or remove from the terms of this agreement at any time.  Any changes we make to this agreement will be effective from the date that the changes are posted on the smscentral.com.au website or that they are otherwise provided to you via email.

2. We will take any continued use of the services by you, after the posting of any changes to this agreement on the website, as your acceptance to be bound by all amended terms of this agreement.

3. We believe it is our customers’ responsibility to keep themselves updated with regard to any amendments to this agreement.