SMS antispam policy
BULK SMS TERMS AND CONDITIONS
Application & Purpose
1.1 The purpose of this Terms and Conditions is to discourage the sending of unsolicited, intrusive and offensive SMS Messages and to encourage the responsible use of SMS as a communication medium.
1.2 This Terms and Conditions applies to all NTH’s clients using NTH’s network to send SMS Messages to telephone users.
2. Identification of Service Provider
2.1 The Ordering Party shall include in its SMS Messages information which reasonably enables the Recipient to identify and contact the Ordering Party.
3. Recipient Consent
3.1 The Ordering Party shall not send SMS Messages to any Recipient unless:
1. the Recipient has provided the Ordering Party with prior consent to send SMS Messages; or
2. the Recipient has a prior commercial relationship with the Ordering Party and would reasonably expect to receive SMS Messages from the Ordering Party.
4. Right To “Opt-Out”™
4.1 The Ordering Party shall provide the Recipient with an “opt-out” mechanism by which the Recipient can at any stage notify the Ordering Party not to send further SMS Messages to the Recipient. Such mechanism must be both easy to use and inexpensive for Recipient (e.g. by sending SMS, or by calling geographical number or by sending e-mail).
For example, the Service Provider might include in its SMS Message an option for the Recipient to send the command “STOP” to the number 12345 whenever he/she wishes to “opt out”™.
4.2 The Ordering Party shall comply as soon as practicable with any notification it receives under section 4.1 and will not send further SMS Messages to the Recipient unless and until the Recipient requests or consents to receiving further SMS Messages.
5. Content of SMS Messages
5.1 The Ordering Party shall not send any SMS Message which:
1. is misleading or deceptive;
2. could infringe a law or regulation (including but not limited to defamation, discrimination, invasion of privacy, harassment, obscenity, infringement of intellectual property rights or breaches of confidentiality);
3. could reasonably be regarded as offensive to public morals, decency or sensibilities;
4. threatens the operation and/or security of any computer system, telecommunications network or equipment (including the operation of a mobile handset); or
5. induces an unacceptable sense of fear or anxiety.
6. is regarded as a chain letter, junk SMS message, spam, or otherwise an unsolicited message (commercial or otherwise).
7. is used to collect information about recipients without their consent;
5.2 Any SMS Message inviting a response by means of calling a premium rate number shall include full details of the call charges and any additional information required by the law.
5.3 The Ordering Party must ensure possessing all necessary licenses, permits, and other forms of authority and permissions necessary for the delivery of content sent via the Service. Any unauthorized commercial use of the Service is expressly prohibited.
4. Breaches of Terms and Conditions
6.1 If the Ordering Party breaches any clause of this Terms and Conditions, NTH has the absolute right in its sole discretion to immediately suspend or terminate, without compensation, part or all of its SMS service to the Ordering Party forthwith.
6.2 Written reasons for such suspension or termination shall be provided promptly to the Ordering Party.
7. Complaints
7.1 Should NTH receive a complaint from any person or body concerning any SMS Message sent by the Ordering Party, the Ordering Party shall fully co-operate with NTH to investigate and resolve such complaint without delay.
7.2 Where NTH believes it appropriate, the Ordering Party shall take full responsibility for managing the response to the complaint. In such circumstances, the Ordering Party shall provide regular updates to NTH on the status of the complaint and provide such other information concerning the complaint as NTH may from time to time request.
8. Changes To Terms and Conditions
8.1 NTH reserves the right to revise this Terms and Conditions from time to time and such revision will come into effect on the date that NTH issues the Ordering Party with a revised version.
9. Miscellaneous
For the avoidance of doubt, NTH shall not be monitoring the content of any SMS Messages sent by the Ordering Party and NTH shall not be responsible for the content of such messages.
10. Definitions
- SMS Message – means a message sent via SMS by or on behalf of the Ordering Party whether or not it invites or solicits a response from the Recipient.
- Recipient – means person who receives a SMS Message, either intentionally or unintentionally.
- the Ordering Party – means a party which has entered into a commercial arrangement with NTH for the delivery by NTH of SMS Messages to phone users.
- SMS – means “short message service” and refers to the ability to send and receive messages to and from a person’s telephone.
The Ordering Party hereby confirms reading, understanding and accepting this Terms & Conditions.