Summary of Changes

Important: We’ve updated our Terms and Conditions

From 28 April 2023, the Terms and Conditions within our Customer Contracts will change. You’ll find a short summary below.

What’s changing? In our new Terms and Conditions, we’ve made the following key changes:

• Updated the European Commission Standard Contractual Clauses for customers subject to the GDPR and incorporated the UK International Data Transfer Addendum to apply to customers subject to the UK GDPR.

• Clarified various rights and obligations in relation to our billing processes, charges and fees, including:

• • clarifying our Monthly Access Fees, Prepaid Entitlements, and Automatic Top Ups;

• • describing how changes in our pricing are notified. Plus, specifying when certain charges may change without prior notification (e.g. international messaging charges);

• • describing how and when third party charges (e.g. credit card companies and carries) may be passed on;

• • outlining our Service suspension rights and collection cost reimbursement rights if your payment obligations are not met. This includes if direct debit arrangements are not maintained, or if your account remains inactive for an extended period of time;

• • confirming that Monthly Access Fees are billed in advance; and

• • clarifying that we do not accept payments via direct debit or BPAY.

• Removed the terms relating to the calculation of the size of an MMS as we do not provide MMS Services to you.

• Added a new section of our Terms and Conditions. This details various rights and obligations if you are a Reseller.

• Added a new section of our Terms and Conditions. This details the additional security obligations and usage restrictions applicable to customers’ or resellers’ use of our API in Integrations (as defined in the Terms and Conditions). We have also reserved our rights to we conduct monitoring activities to verify compliance with the new requirements.

• Clarified your obligations in relation to numbering plans

• Noted that in relation to our resellers’ use of developer APIs, we specifically require compliance with applicable developer terms, including security terms

• Extended our Services use restrictions so that:
  • the Services may not be used to transmit, store or process Cardholder Data;

• • you must ensure that you use best security practices in using the Services, including securing any website or infrastructure you have which may affect our Services;

• • we have the ability to block / restrict sending to international destinations at our discretion; and

• • you provide additional warranties and indemnities in respect of specified uses of the Services.
• Extended the liability disclaimers in our Terms and Conditions to cover liability arising from your use of any third-party products.

Any questions? 

Please reach out to us at any time at 09 307 6895. We’ll be happy to help.

Regards,

The MessageMedia Team