The following terms and conditions apply to additional services you may purchase from Sinch from time to time. These terms form part of your Customer Contract as defined in our Customer Terms at https://messagemedia.com/au/legal/terms-of-service/.
These Social Channel Terms and Conditions (“Supplement”) are part of an agreement for certain Sinch services (“Agreement”) between Sinch and Customer and apply solely to the Sinch social channel services (“Service”). Capitalised terms are defined in the Glossary below. Capitalised terms not defined in this Supplement shall have the meanings ascribed to them in the Sinch Customer Terms.
1.1. End User opt-in/opt-out requirements. Customer shall send Messages only to End Users who have, and continue to, knowingly consent or “opt-in” to receiving Messages and who have been informed by Customer of their right to cancel, and have been given a readily accessible free process for cancelling, receipt or to “opt-out” of receiving further Messages. This opt-in information shall include the End User’s MSISDN, Social Channel ID, and any Sinch Message channel preference (collectively “Opt-In Information”), and any further details if and as required by any relevant social channel service provider (“Social Media Platform Provider”). Customer agrees that Sinch will deliver Messages to the Customer Messaging Application via the Social Media Platform Provider based on the End User’s Social Channel ID and Customer’s communication to Sinch of such End User’s Opt-In Information. Customer shall stop sending Messages to an End User who has opted-out from receiving such Messages as soon as possible but in no case later than twenty-four (24) hours after receipt of the opt-out request (or any shorter time period if necessary to meet or comply with any legal, regulatory, governmental and/or Service Provider request or requirement). At Sinch’s request, or the request of a Service Provider, Customer shall provide Sinch with proof of any and all such opt-in(s) and optout(s), and response time to discontinue transmission of Messages after opt-out, toSinch’s reasonable satisfaction. 1.2. Supply of Customer Services. Customer shall inform End Users that Customer is the source and supplier of the Messages and provide appropriate contact details to End Users. Sinch shall have no support obligations of any kind with respect to End Users and Customer shall not in any way, directly or indirectly, communicate or otherwise convey to End Users anything to the contrary. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, customer services and the Messages. Customer shall promptly inform Sinch if Customer becomes aware of any violation of the terms of this paragraph. The Sinch Service Level Agreement does not apply to social channel products. 1.3. Restrictions. Customer shall not use the Service or permit the Service to be used:
1.4. Inappropriate Use. Customer shall not: (a) remove any identification, patent, trademark, copyright or other notice from the Service or any part of it; (b) access, use, or copy any portion of the Service directly or indirectly to develop, promote or support any product or service that is competitive with the Service or any part of it; (c) disclose or publish performance or capacity statistics about the Service or any part of it; (d) perform any benchmark tests on the Service or its supply or any part of it; or (e) use the Service in connection with any activity that may result in tangible or intangible personal property damage, or death or serious body injury. 1.5. Acceptable Use. Customer shall not access any information or data provided or controlled by any other customer of Sinch or its suppliers and will abide by, and will not circumvent or otherwise disable, any security measures implemented in the Service. Customer shall immediately inform Sinch if any third party makes or threatens any claim or action against Customer, or Sinch, or any other party relating to any data, customer service or Messages. 1.6. Faults. Customer agrees to promptly fix any faults and/or bugs in Customer’s software that causes the Service to be accessed incorrectly, including, but not limited to, software that generates incorrect API calls to the Service.
2.1. Requirements Customer shall promptly provide any information as Sinch may request relating to customer data or Customer’s use of the Service:
2.2. Responsibility. Sinch may, in its sole discretion, require Customer to take primary responsibility for any request or enquiry made under Section A2.1 above relating to any Customer Service, Message(s) or customer data or arising from Customer’s use of the Service or from an alleged or actual breach of the Agreement by Customer. Customer agrees, at its own cost, to accept full responsibility for any such request or enquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such regulator or Service Provider (with copies to Sinch) in a timely manner. 2.3. Survival. Sections A1.1, A1.2, A1.3, A1.4, A1.5, A2.2, A2.3, A2.4, A2.6, and A2.7 shall survive termination or expiration of the Customer Contract. 2.4. Indemnity. Customer will indemnify and, at Sinch’s election, defend Sinch, its Affiliates and subcontractors against:
2.5. Suspension. In addition to its rights under the Customer Terms, Sinch may without liability block or delete any customer data or Message(s) that Sinch determines, in its sole discretion, violates the terms of the Customer Contract. 2.6. Disclaimer. Customer agrees that, with respect to its supply of the Service, neither Sinch nor any Sinch supplier shall be liable whether in contract, tort, or strict liability to Customer or to any End User or any other customer of Customer for (i) any Messages deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, message processing errors, transmission errors, or messaging network and/or service failures; or (ii) the accuracy of information provided through the Service. 2.7. Compliance with Social Media Platform Provider’s Terms and Condition. Customer shall fully comply at all times with all terms and conditions imposed and required by a Social Media Platform Provider with respect to Customer’s use of such Social Media Platform Provider’s Social Media Platform (“Social Media Platform Terms“) and such compliance shall at all times be a condition of use by Customer of the Service. Customer is solely responsible for ascertaining Social Media Platform Terms and ensuring Customer’s full compliance with Social Media Platform Terms. Sinch shall have no obligations to Customer or any third party with respect to Customer’s ascertaining or compliance with Social Media Platform Terms. For information purposes only, set forth below are URLs for a sample of Social Media Platform Providers’ policies as published or updated by such Social Media Platform Providers. Customer acknowledges and agrees that it understands that the following URLs and such policies are subject to change at any time and from time to time based on the specific actions solely of the Social Media Platform Provider and that ascertaining the correct URL, and the Social Media Platform Terms, for a specific Social Media Platform Provider is solely the obligation of Customer:
Upon agreement of a contract for use, the Social Media Platform Providers listed in the Application Form shall be available for Customer’s use in connection with the Service, provided however that Customer acknowledges and agrees that Social Media Platforms available for use in connection with the Service may change from time to time and that Sinch does not guarantee to Customer the availability of any Social Media Platform. Sinch will promptly notify Customer in writing (email permitted) of changes to the availability of a Social Media Platform listed in the Application Form of which Sinch becomes aware. Customer will promptly notify Sinch of any changes to Customer’s right to use a specific Social Media Platform of which Customer becomes aware or of any non-compliance by Customer with any Social Media Platform Terms. Customer further acknowledges and agrees that a Social Media Platform Provider may at any time impose on Sinch certain other terms and conditions with respect to the availability and use of such Social Media Platform Provider’s Social Media Platform (“Other SMP Terms”) in connection with the Service and that in such event Sinch shall have the right to impose on Customer such Other SMP Terms in the form of a written addendum to the Agreement, effective on the same date on which such Other SMP Terms are effective as to Sinch, and to be signed promptly by Customer, but in no event later than five (5) business days from the date on which Sinch communicates such addendum to Customer, as a condition to Customer’s use thereafter of such Social Media Platform. If Customer does not sign such addendum within the foregoing time frame Sinch shall have no obligation to provide, or continue to provide, the Service with respect to such Social Media Platform and may at any time in its own discretion suspend or terminate Customer’s use of such Social Media Platform.
As further stated in the Order Form or in the Documentation, the Service may require connection through a separate API and in such cases it cannot be used as a stand-alone product or service. In order for Customer to use the Service, Customer must separately enter in an agreement with Sinch for the right to use the other Services. Unless and until Customer has entered into an agreement with Sinch to obtain the right to use other Services, Sinch shall have no obligation to provide the Service, and Sinch shall not be liable for any failure to do so, and any Messages that Customer submits to the Sinch Network for transmission via the Service may be blocked or deleted by Sinch.
Customer shall not subcontract, sub-license, license, sell, lease, rent or otherwise make the Service available to third parties.
(a) Access and Connectivity
(b) Commercial Messages. Customer shall not use the Service for mobile to mobile, peer to peer messaging purposes. Customer shall use the Service solely to promote or facilitate, directly or indirectly, the goods, services or image of Customer pursuing a commercial activity. (c) Sinch Webhook integrations and On-boarding. Subject to Customer’s full compliance with Section B2.1 above, Sinch shall provide to Customer Webhook via a URL provided by Sinch to Customer for the purpose of Customer integrating such Webhook into the Customer Messaging Application on the Social Media Platform. Webhook, as so integrated, will be used for the purpose of Customer transmitting Opt-In Information to the Sinch Network and for any other transmission between the Customer Messaging Application and the Sinch Network as may be available pursuant to, and in accordance with, the Documentation. Sinch will provide to Customer an on-boarding guide to assist Customer with Customer’s integration of Webhook into the Customer Messaging Application and other set-up requirements relating to transmission between the Customer Messaging Application and the Sinch Network via the Webhook in accordance with the Documentation.
Customer shall be fully responsible for any fees imposed by any Social Media Platform Provider with respect to Customer’s use of such Social Media Platform Provider’s Social Media Platform. In the event any Social Media Platform Provider imposes any fees on Sinch with respect to Customer’s use of such Social Media Platform, Sinch shall have the right to charge Customer, and Customer shall pay, the amount of any such fee (including any additional fees), which shall be invoiced by Sinch to Customer. Glossary
Sinch Pty Ltd trading as Sinch (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the Calendar product you have chosen to purchase.
We have partnered with Cronofy Limited (“Cronofy”) to provide the calendar automation product (“Calendar”) to you. As part of purchasing the Calendar, you will be required to agree to Cronofy’s terms and conditions and privacy policy. Once you have agreed to Cronofy’s terms and conditions, you will be able to integrate a number of widely-used calendars, including Outlook.com, Outlook 365, Exchange, Google Calendar, and Apple Calendar into your Sinch Hub Account. The Calendar will sync across all other places you use the calendar, enabling you to manage appointments and send SMS reminders with reference to the Calendar.
Fees for the Calendar are as notified to you at the point of purchase. Please note that Calendar fees do not include the fees for SMS Messages in connection with your Calendar, such fees will be charged in accordance with your Existing Agreement.
You acknowledge and agree that:
(h) You may cancel your Calendar, by providing us at least 30 days’ written notice (unless we have agreed such other time) by way of an email here.
What are Sinch’s Lookup Services?
Our ‘Lookup Service’ provides you access to our browser interface to lookup information relating to the phone numbers that you input into the interface. This information may include: the country of origin and type of phone number (mobile, landline or VOIP) (known as a ‘Type Lookup’). the reachability status for that service from the home location register (known as a ‘HLR Lookup’); and which carrier services the phone number (known as a ‘Carrier Lookup’) (collectively known as the ‘Lookup Data’)
By signing this Additional Service Request Form, you are requesting access to our Lookup Services and agreeing to the additional terms applicable to Lookup Services set out below. PLEASE BE AWARE THAT WE MAY TERMINATE YOUR ACCESS TO THE LOOKUP SERVICES AT ANY TIME. IN ADDITION, WE MAY VARY THE CHARGES PAYABLE IN CONNECTION WITH THE LOOKUP SERVICES BY GIVING YOU 14 DAYS’ NOTICE. YOU ARE ENTITLED TO TERMINATE THIS AGREEMENT IF YOU CONSIDER THAT THE PRICE VARIATION IS MATERIALLY DETRIMENTAL TO YOU. You acknowledge and agree that:
The Services that you have purchased or are continuing to purchase under your Customer Contract (as defined in the Sinch Customer Terms) are designed to enable you to access and use them autonomously. We can assist you to use the Services as set out below for additional fees and on the basis of you agreeing the following terms. Provision of this assistance is known as a ‘Managed Service’ and incurs a fee as notified to you at the time of purchase. Please note that a fee for Managed Services does not include the fees for SMS/MMS/OTT Messages which are set out in your Customer Contract or fees for any other Additional Service Request (eg. Lookup Services). You may request one or more of the following Managed Services:
At the conclusion of your campaign, you will have access to a report that sets the status of your send (eg. whether messages were received or bounced). The types of Managed Services that we offer are set out above. Importantly, they do not include creating or changing the Content of your Messages or ensuring compliance with relevant Laws (including but not limited to the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth)) which are applicable to your use of the Service and Content of Messages. Compliance with relevant Laws is your responsibility.
Provide us with the following Customer-Supplied Materials via the method set out below:
An indicative delivery schedule for Managed Services is set out below:
| Activity | Schedule |
| Customer supplies Send Schedule Data, Send Configuration Data and Data file | Start |
| Sinch confirms receipt of files and information | + 1 day from start |
| Sinch will provide you with a test message of your content | +2 days from start |
| Sinch performs send | As per Send Schedule Data |
| Sinch provides access to delivery receipt report | +5 days from send |
By signing this Additional Service Request Form, you are requesting us to provide you Managed Services on the terms and basis set out in this form. You acknowledge and agree that:
Sinch Pty Ltd trading as Sinch (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the Mobile Landing Page products (as applicable to your order).
A Mobile landing page (“MLP”) is a single web page which you create using your artwork, graphics, trademarks, logos, text (including text for the MLP headline, body and any fine print or additional language) and anything else you wish to include in the MLP (“Creative”) via our templates and tools and which End Users can access through a unique short trackable link (“STL“) in an SMS. MLPs are designed to be sent in bulk as “campaigns” which allow you to reach End Users with a specific message, offer or proposal (“Campaign”).
As part of the MLP product, we will provide you with:
You will be able to send the SMS containing the STL to End Users as part of your Campaign in accordance with the Terms of your Existing Contract. Please note that if you include images in your MLP which are not our existing “stock” images, these images will need to be uploaded and hosted on a public server. We cannot guarantee that these images will be continuously available or accessible.
If you purchase or are otherwise provided access to Mobile Landing Page Services (MLP Services) as an addition to your MLP product, we will prepare Creative you provide to us and create a MLP based on your instructions. We will provide you with a proof of the proposed MLP and you are entitled to one amendment to the proof, provided that any amendment request is made at least two Business Days prior to the date on which you anticipate sending the SMS which contains the STL (“Campaign Send Date”). We will then arrange the SMS with the STL to be sent on the Campaign Send Date. Please note that we will prepare your Creative within the constraints of the available templates. Any further changes are subject to review and may incur additional costs. Whilst we will endeavour to work with you to achieve your preferred MLP, not all MLP designs are possible and will depend on the content of your MLP and the templates that are available for the MLP product. As part of the MLP Services, we will provide you with data relating to the Campaign and End User behaviour including the End Users that click the STL. On request, we can also provide the time and date they clicked on the STL, IP address and user agent (“Campaign Data”).
Notwithstanding the Intellectual Property Rights granted under your Existing Agreement, You hereby grant us and any third party provider we use a perpetual, limited, non-exclusive, royalty-free right to use your brand(s) and Intellectual Property and Creative to create the MLP, provide you the messaging activities and hosting services referred to above and otherwise for the purposes of providing you the MLP and/or the MLP Service product in accordance with these terms and conditions.
Fees for the MLP product and MLP Services are as notified to you at the time of purchase or as agreed with your account manager. Fees are in addition to the fees for SMS Messages in connection with your Campaign, such fees will be charged in accordance with your Existing Agreement
The following terms and conditions apply to the Mobile Landing Page Services:
(viii) You may cancel your Campaign prior to us sending it on your behalf, by providing us at least 2 Business Days written notice (unless we have agreed such other time) by way of an email here. You acknowledge that if you choose to cancel a Campaign, you still incur the fee set out above for MLP Services as we commence provision of the service upon receipt of the data file. Cancellation of a Campaign does not affect the remainder of your Existing Agreement which will continue to operate.
(a) You acknowledge and agree that we own Intellectual Property in the MLP Services (including any customised versions of them) and that any Intellectual Property rights in or connected belong to us. We hereby grant you a worldwide, royalty-free, revokable license to use the Link Preview, MLP and Campaign Data for the sole purpose of running Campaigns under this Agreement. We acknowledge that you own the intellectual property in the Creative you provide under this Agreement. You acknowledge and agree that you must only use the MLP and STL for the purpose of the Campaign, you are not authorised to use the MLP or derivatives thereof for any other purpose.
(b) You agree not to sell, decompile, deconstruct, reverse engineer or otherwise disassemble all or any portion of the Campaign Data. We do not warrant that the Campaign Data will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
(c) You acknowledge that not all mobile handsets have the ability to preview links in SMS and the ability of End Users to receive images in SMS is dependent on the handset that the End User is using. In addition, you acknowledge that the display of, or combination of images in the MLP is subject to software limitations and therefore not all content can be included in the Link Preview or MLP. For the avoidance of doubt, this will not affect the service and information we provide under STLs.
(d) You acknowledge that:
(i) All Messages sent and MLPs created for the purpose of MLP Services are done so on your behalf and under your instruction. You acknowledge that you are responsible for ensuring that your use of the Service including the appropriateness of the content of the MLP send time, relevant consents to receive Messages and the Content of your Messages, are compliant with all relevant Laws. You also acknowledge that we rely upon data and information that you send us and are not responsible or liable for any errors or inaccuracies in this data;
(ii) We reserve the right to not send a Campaign under the MLP Services if we become aware that your Message contains Restricted Content;
(iii) There is no service level agreement for MLP Services.
(iv) any capitalised terms in this Agreement contain the meaning set out in your Existing Agreement and that a message sent in accordance with this agreement is a ‘Message’ as defined under your Existing Agreement and the MLP Service is a “Service” under your Existing Agreement.
(v) The terms of your Existing Agreement with us apply to the MLP Services and your use of the MLP Services (to the extent not inconsistent with these terms and conditions).
(vi) Importantly, whilst our MLP Services involves us to compiling the MLP from your instructions under this Agreement, we do not create or change the Content of your Messages, Creative or ensure compliance with relevant Laws (including but not limited to the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth)). Compliance with relevant Laws is your responsibility.
(vii) You agree that your privacy policy includes, or you have otherwise obtained the consent of End Users for third party service providers (such as us) to collect and use information about End Users and create analytics in connection with End User use of services.
Sinch Pty Ltd trading as Sinch (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the design and creation of text and/or images used in an SMS and/or MMS and includes, without limitation, concepts, ideas, innovation and development work to further enhance the Messaging Services. Design Services may also include the management of the delivery or execution of a process or campaign on behalf of the Customer (Design Services) you have chosen to purchase.
Prior to providing any Design Services we will agree: (a) the specifications and requirements for the Design Services; and (b) total estimated cost of the Design Services.
We may require you to pay a deposit for any Design Services that you have asked us to provide to you.
Where we undertake Design Services or any form of professional services, you must will not unreasonably withhold signoff and approval of the completed project, where we are able to reasonably demonstrate that we have met the agreed specifications or requirements.
You warrant that all Content provided to us in relation to the provision of the Design Services is duly licensed or authorised and not in breach of any law, third party rights or trademarks. You further accept without limitation that any fees, royalties or other payments for use of Content are to be paid by you.
Upon completion of the Design Services you agree to pay the total cost of the Design Services within 14 days of receipt of an invoice for such services.
You accept and agree to be bound by the terms and conditions set out in these Mobile Application Terms (“App Terms”) by clicking accept, using, installing or accessing the Sinch Mobile Application (“App”).
We/Us: Sinch Pty Ltd (ABN 16 095 453 062) of Suite 8.3, Level 8, 150 Lonsdale Street, Melbourne, VIC, 3000 Australia. You should direct questions, complaints or claims relating to the App to: https://messagemedia.com/contact/
You accept and agree to be bound by the terms and conditions set out in these Mobile Application Terms (“App Terms”) by clicking accept, using, installing or accessing the Sinch Mobile Application (“App”).
We/Us: Sinch Pty Ltd (ABN 16 095 453 062) of Suite 8.3, Level 8, 150 Lonsdale Street, Melbourne, VIC, 3000 Australia. You should direct questions, complaints or claims relating to the App to: https://messagemedia.com/contact/.
Last updated: 3 October 2023 Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using the Sinch “SMS for Zoho Desk extension”.
(a) By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, you must not download, install, copy, access or use the Application. (b) This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. (c) The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
(a) The Company grants You, a revocable, a non-exclusive, a non-transferable, and a limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. (b) You agree to comply with Sinch’s Customer Terms. (c) Zoho is not a party to this Agreement.
You agree not to, and You will not permit others to: (a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. (b) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. (c) Create or recreate the source code of the Application. (d) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application. (e) Remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded on the Application. (f) Publish any performance or benchmark tests or analysis relating to the Software except with the permission of the Company.
(a) The Application including its source code and object code is the exclusive property of the Company. The Company (and its licensors) exclusively own and reserves all rights, title and interest in the Application, including all Intellectual Property Rights as well as any Derivative Works. (b) You will not exercise any right, title and interest in the Application except for the limited usage rights granted to You by this Agreement. (c) This Agreement is not an agreement of sale, and does not transfer any title, Intellectual Property Rights or ownership rights in the Application to You. (d) The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
(a) You agree to pay all fees and charges in accordance with the terms of Your Contract with the Company. (b) You must pay for all third party charges connected with Your use of the Application, including SMS fees incurred via your Sinch account. Under no circumstance will the Company be held liable to pay for the SMS on behalf of the users.
(a) The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. (b) Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to
(c) The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
(a) The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. (b) You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. (c) You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions. (d) You cannot upload files for any illegal, harmful, fraudulent, offensive purpose or transmit, store, display, distribute or otherwise make available content that is infringing upon any third party rights, illegal, harmful, supportive of or promoting violence or violent extremism, advocating hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment, indecent, obscene, defamatory, libelous, harassing, threatening, fraudulent, offensive, enables online gambling or inconsistent with the generally accepted practices of the Internet community, including without limitation promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms or time bombs.
(a) The Term of this Agreement will commence on the date when You download the Application and shall remain in effect until terminated by You or the Company. (b) The Company may suspend Your service at any time upon Your breach of this Agreement or in circumstances that the Company deems necessary to comply with applicable law, standards or community expectations. (c) Either party may terminate this Agreement upon material breach this Agreement by the other party where such breached was not cured within thirty (30) days of receiving the non-breaching party’s notice of the breach. (d) This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any material provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. (e) Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device. (f) Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
(a) The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. (b) Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied:
(c) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
(a) Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application. (b) To the maximum extent permitted by applicable law, in no event shall either party be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. (c) You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
(a) If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. (b) Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Each party acknowledges that it may have access to Confidential Information of the other party in connection with this Agreement, and that each party’s Confidential Information is of substantial value to the Disclosing Party, which could be impaired if it were improperly disclosed to third parties or used in violation of this Agreement.
(a) If a party is provided with, or has access to, Personal Information in connection with the Services, it must comply with the Privacy Act and any other applicable law in respect of that Personal Information, whether or not it is an organisation bound to comply with the provisions of the Privacy Act. Details of our Privacy Policy can be found on our website. (b) You acknowledge and agree that where you authorise or require us to collect or otherwise deal with Personal Information in your name or on your behalf in connection with providing the Services, that we do so as your agent.
(a) The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. (b) By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. (c) The Company may assign or novate all or part of our rights and obligations under your Contract without your consent. You cannot assign or novate all or part of your rights and obligations under your Contract unless we agree in writing.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law provisions.
A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
For the purposes of this End-User License Agreement: (a) Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. (b) Application means the Sinch SMS for Zoho Desk extension available from the Zoho Marketplace. (c) Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sinch Pty Ltd. (d) Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. (e) Device means any device that can access the Application such as a computer, a mobile phone or a digital tablet. (f) Privacy Act means the Privacy Act 1988 (Cth). (g) Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application. (h) You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Contact Us If you have any questions about this Agreement, You can contact Us: By email:smsforzohosupport@messagemedia.com
The following terms (the “RCS Messaging Terms and Conditions”) apply to the Rich Communication Service for Business. These RCS Messaging Terms and Conditions form part of your Customer Contract and apply to your use of the RCS Messaging Services.
These RCS Messaging Terms and Conditions will prevail to the extent of any inconsistency with any other terms in your Customer Contract. Capitalised terms not defined below shall have the meanings ascribed to them in your Customer Contract.
1. Definitions
The following definitions apply to all RCS Messaging Services:
The following definitions apply only for RCS Messaging Services in the United States:
The following definitions apply only for RCS Messaging Services outside of the United States:
2. General RCS Messaging Terms
(a) RCS Agent
An RCS Agent must be registered, and you hereby authorize us or our Affiliates to complete the relevant registration for and on behalf of you. You shall complete any relevant RCS Agent registration process that we require, and you will provide any additional information to us that is reasonably required to complete the registration process. You warrant that any information you provide to us is complete, true and accurate and you are authorised to provide such information to us. You acknowledge that the registration process for RCS Agents is reliant upon Service Providers and their acceptance criteria which is defined by their particular registration processes (which varies amongst Service Providers) and we are in no way liable should any Service Provider reject your registration of any RCS Agent.
(b) Google Terms
You will comply with Google’s RCS for Business Messaging terms of services located at the following URL: https://developers.google.com/business-communications/rcs-business-messaging/support/tos (as may be updated by Google from time to time).
(c) Reliance on Service Providers
You acknowledge and agree that the RCS Messaging Services are reliant upon certain Service Providers and handset capability to achieve technical integration and inter-operation with our systems required to facilitate the RCS Messaging Services, and as such you acknowledge that this is outside of our control, and we are not liable in any way for any such technical integration limitations or interoperability failures.
3. Calculation of Charges for RCS
Charges for messages sent as RCS will be determined by us with reference to the relevant regional requirements and Service Provider requirements, based on the number and type of RCS messages (along with content length and size, including attached media) you send, typically calculated in accordance with the following framework:
(a) For RCS messages sent in the United States, RCS messages will be either Rich or Rich Media, and
(b) For RCS messages outside of the United States, RCS messages will be either Basic or Single.
(c) Conversational RCS – A Charge for a conversation that consists of multiple A2P and P2A messages within a given time period.
Where an RCS is sent to multiple end users, each one is counted separately.
Each message will be charged at the per message rate that is reflecting in your order form or made available on the web portal.
For messages in the United States, we will pass through to you all fees, charges and surcharges any destination Mobile Network Operator (“Carrier”) or any third party imposes on us or you in connection with the RCS for Business Service (“RCS Fees and Surcharges”). For clarity, RCS Fees and Surcharges include fees for your RCS agents, brand vetting and ecosystem certification. You will pay the RCS Fees and Surcharges in accordance with the latest version of the Carrier Fees and Surcharges document. RCS Fees and Surcharges are in addition to per message fees. We may change the RCS Fees and Surcharges by providing you with written notice (email sufficient).
4. Customer Warranties; Disclaimer
In addition to any representation or warranties in your Customer Contract with us:
(a)You agree that we may recover from you any charge, fine, penalty or debit a network operator or Service Provider levies against us as a result of an alleged violation of the requirements of our Acceptable Use Policy available at www.messagemedia.com/uk/legalone/acceptable-use-policy/.
(b) You agree to provide any governmental body or us with such information or material relating to the RCS Messaging Services as reasonably requested in order to carry out any investigation in connection with the RCS Messaging Services.
(c) THE RCS MESSAGING SERVICES ARE PROVIDED “AS IS”. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY OR ACCURACY WITH RESPECT TO THE RCS MESSAGING SERVICES.
5. Ownership
You retain all responsibility, rights and ownership in the content of your RCS messages and we do not claim any ownership rights in such content.