Terms and Conditions
1. ACCESS TO THE SERVICE
Vodacom (Pty) Ltd shall use all reasonable endeavours to ensure that the short message
service ("SMS service") is available on a 24 (twenty four) hour, 7 (seven) days
a week basis. The customer is responsible for maintaining all devices and services
necessary to enable access to the relevant Vodacom (Pty) Ltd SMS service and use
of such service.
2. CUSTOMER'S RESPONSIBILITIES AND LIABILITY
2.1 SMS Code of Practice
Customers shall be responsible for familiarising themselves and adhering to the
SMS Code of Practice at all times as approved by Vodacom (Pty) Ltd ("Vodacom").
In this regard it is recorded that the SMS Code of Practice is a standard document
that was drafted to govern the provision
of SMS services. As such it must read, for the purposes of these terms and conditions,
in the context of the provision of SMS services, and all references therein to SMS
services shall be deemed, mutatis mutandis, to be reference to SMS services provided
pursuant to these terms. This code may change from time to time and without notice
to the customer.
2.2 Malicious Disruption and Damage
Should the customer engage in malicious disruption or cause damage to any Vodacom (Pty) Ltd services,
infrastructure or systems the customer shall be liable for all damages (whether
direct or indirect) and associated costs resultant from such conduct.
2.3 SMS and MMS Content
The customer accepts full responsibility for the content of messages transmitted
by means of the SMS and/or MMS service and agrees not to submit any messages for
transmission via the SMS and/or MMS service the content of which is improper, immoral
and/or unlawful or which contains any violent, offensive, discriminatory, illegal
or pornographic material. The customer must ensure that the content of SMS and/or
MMS messages do not cause disturbance or harassment to the recipient thereof. The
Customer must further ensure that the necessary consents, authorisations and permissions
are obtained or granted before making use of the SMS services
2.4 SMS Content Interpretation
Vodacom (Pty) Ltd and/or the respective GSM Network Operators shall not be responsible for refunding
the cost of any SMS messages if the cell phone of the recipient interprets any part
of the message differently to that originally intended by the sender; or if any
third party application used in the creation of sending SMS messages interprets
the message content differently to that originally intended by the sender. Vodacom (Pty) Ltd advises
testing any bulk SMS messages to a single cell number before sending as bulk, to
avoid any complications.
Vodacom (Pty) Ltd and the respective GSM Network Operators will not tolerate the sending of unsolicited
messages ("spamming") by the customer. The customer shall ensure that no SMS messages
are sent to recipients who have advised that they do not wish to receive messages
of a particular and or any kind. Failure to abide by the provisions of this clause
will result in the suspension of access to the SMS service, without recourse to
any fees paid to Vodacom (Pty) Ltd. The customer hereby indemnifies Vodacom (Pty) Ltd (including its agents,
shareholders, employees, officers and subsidiaries) against any claims, loss or
damage caused as a consequence of the failure by the customer to abide by the provisions
of this spamming clause. The customer should furthermore be aware that spamming
is against the regulations laid down by ICASA (South African Telecommunications
Regulatory Authority), who in their own right are lawfully entitled to take action
against any party found guilty of spamming.
2.6 Message Validity
SMS messages submitted for transmission to the recipient shall have an assigned
validity period of 24 (twenty four) hours during which time the relevant GSM Network
Operator shall at regular intervals, attempt to effect delivery of the SMS messages
unless an alternative validity period is selected by the client, where available.
Should the validity of the message expire prior to successful delivery, all unsent
messages shall be discarded without notice to the customer.
2.7 The Customer shall:
2.7.1 make freely available to the recipient the terms and conditions upon which
the SMS services are provided.
2.7.2 in exercising its rights and meeting its obligations in accordance with these
terms, ensure that it at all times complies with the terms and conditions of the
License and in particular shall:
220.127.116.11 ensure that any information it obtains or receives in respect of the Recipients
is kept confidential and is not disclosed, communicated or made accessible to any
18.104.22.168 comply with Vodacom's Code of Practice for Consumer Affairs ("VCPCA") and
the SMS Code of Practice;
22.214.171.124 develop and enforce guidelines for handling enquiries and complaints from
2.8 The Customer shall :
2.8.1 not be entitled to charge the recipients of the SMS messages;
2.8.2 ensure that the appropriate mechanisms exist to enable a Recipient to withdraw
or cancel consent at any time to receive SMS messages, whereupon the customer shall
cease to transmit such SMS messages to such recipient;
2.8.3 ensure that it is apparent, on all SMS messages, from whom the SMS message
2.9 Changes to Service Offerings and Content
Vodacom (Pty) Ltd reserves the right to modify, enhance, discontinue and further develop the relevant
SMS offering, at any time without prior notice.
3. PROHIBITED USES
3.1 The customer shall not use any of the services provided as a high volume incoming
facility as would traditionally be used in industries such as vehicle tracking.
4.1 SMS Billing Methodology
The customer agrees to pay to Vodacom (Pty) Ltd the charges as set out in the application form.
Should there be a disputed transaction, Vodacom (Pty) Ltd shall endeavour to make the necessary
investigations to the best of its abilities and attempt to rectify the discrepancy,
but should such investigation prove to be inconclusive, the message transaction
logs, as maintained by Vodacom (Pty) Ltd and the respective GSM Operators shall be deemed to be
prima facie proof of SMS messages sent. Vodacom (Pty) Ltd shall not be liable to refund credit
card transactions and reserves the right to do so at its sole discretion.
4.2 Credit Limit
The customer acknowledges and accepts that although Credit Limits are put in place,
the customer is liable for all and any costs that may exceed this limit, through
the use of the service.
5. LIMITATION OF LIABILITY
5.1 Message delivery
The customer acknowledges and accepts that the provision of the relevant Vodacom (Pty) Ltd SMS
service is enabled through Vodacom (Pty) Ltd agreements and relationships with various service
providers and their agreements with Network Operators in various countries. Vodacom (Pty) Ltd
is therefore only able to act under the conditions imposed through such agreements.
A list of relevant SMS Roaming Partners, from time to time, is available on the
Vodacom (Pty) Ltd SMS website. The delivery of SMS messages is subject to the availability and
performance of the respective service providers' and/or GSM Network Operators technical
systems and network and cannot be guaranteed by Vodacom (Pty) Ltd. SMS messages submitted through
the relevant Vodacom (Pty) Ltd SMS service will be transferred to the recipient's mobile terminal
within times ranging from a few seconds to a few minutes depending on the conditions
prevalent at the time of submission. SMS message delivery performance is further
subject to the recipient's mobile terminal being switched on and located within
an area that is acceptably covered by the recipient's GSM Network Operator. Consequently,
Vodacom (Pty) Ltd cannot guarantee the delivery of SMS messages that may be affected by possible
network outages and errors on the part of any GSM network. Vodacom (Pty) Ltd shall not be liable
to refund the customer for undeliverable SMS messages. Vodacom (Pty) Ltd will however make every
effort to ensure that all SMS messages are delivered. Certain Roaming Partners prevent
their subscribers from receiving SMS messages, for reasons beyond Vodacom (Pty) Ltd's control,
and in such cases the delivery of SMS messages is not possible. The sender will
be charged for all SMS messages delivered to the respective GSM Network Operator,
regardless of whether the SMS message is, in fact, delivered by such GSM Network
Operator to the recipient.
5.2 Exclusion of Vodacom (Pty) Ltd's Liability
Due to the nature of the SMS service, Vodacom (Pty) Ltd cannot be held responsible for loss incurred
through the use of any of the Vodacom (Pty) Ltd SMS services, infrastructure or systems as well
as all risks associated with data security, privacy, availability and reliability
of message processing and transmission. Thus, the customer is fully and exclusively
liable for any and all risks resultant from the use of the said service, infrastructure
or systems The Vodacom (Pty) Ltd SMS service and all information and other content (including
third party, information and content) provided by, included in or accessible from
the Vodacom (Pty) Ltd website, are provided "as is" and are subject to change at any time without
notice to the customer. To the fullest extent permitted by law, Vodacom (Pty) Ltd disclaims all
representations and warranties (express, implied and statutory, including but not
limited to the warranties of merchantability and fitness for a particular purpose,
and non-infringement of proprietary rights) as to the services and all information
and other content (including third party information and content) provided by, included
or accessible from the Vodacom (Pty) Ltd website. In no event shall Vodacom (Pty) Ltd be liable for any damages
whatsoever, including but not limited to any direct, indirect, special, consequential
or incidental damages, or damages for loss of use, profits, data or other intangibles,
or the cost of procurement of substitute goods and services, arising out of or related
to the use, inability to use, unauthorized use, performance or non-performance of
the Vodacom (Pty) Ltd SMS services infrastructure or systems, even if Vodacom (Pty) Ltd has been advised previously
of the possibility of such damages and whether such damages arise in contract, negligence,
delict, under statute, in equity, at law or otherwise.
6. INTELLECTUAL PROPERTY RIGHTS
The information, media, systems and content provided by Vodacom (Pty) Ltd through the Vodacom (Pty) Ltd SMS
service for the customer's use, including all intellectual property rights therein,
is the sole property of Vodacom (Pty) Ltd and/or third party suppliers and the customer shall
not acquire any rights therein or thereto. Unauthorised reproduction or distribution
of the aforesaid or any portion thereof will be prosecuted to the full extent of
The customer acknowledges that Vodacom (Pty) Ltd reserves the right at any time during the tenure
of the agreement to at its sole discretion disable, suspend, terminate or remove
any customer's service, without notice, should Vodacom (Pty) Ltd in its reasonable opinion believe
that the customer has contravened or breached any provision of these terms and conditions.
Vodacom (Pty) Ltd may also, at its sole discretion, at any time, cease to provide the SMS service,
or any part thereof and/or effect developments and/or modifications to the SMS service,
in which event, the customer shall have no claims against Vodacom (Pty) Ltd as a result thereof.
The customer shall be bound by these terms and conditions in all aspects and shall
comply with all laws, regulations and restrictions that apply to the customer. Vodacom (Pty) Ltd
shall be entitled to modify the said terms and conditions in its sole discretion
from time to time. Any delay in the enforcement of any of terms by Vodacom (Pty) Ltd shall not
be deemed to be a waiver of such right(s).
9. GOVERNING LAW
The terms and conditions are subject to and shall be interpreted in accordance with
the laws of the Republic of South Africa