Terms of Service

We supply Services to you under your Customer Contract. You should read your Customer Contract including all parts that relate to the Services provided to you to understand your rights and obligations. If you do not agree to these terms, you should not proceed to sign an order form, create an account or use our Services.

Our Services are intended for your legitimate business or commercial use only and you must comply with our Acceptable Use Policy.

Your Customer Contract comprises, in order of precedence:

(a) your Order Form;
(b) the terms of your Plan;
(c) the Product Terms;
(d) the following Parts:

• • Part A (General Terms);
  • Part B, (Reseller Terms), if you are a Reseller;
  • Part C (Additional Security Terms applicable to use of our API);
  • Part D (EU and UK Privacy Terms);
  • Part E (EC Standard Contractual Clauses), if you are subject to the GDPR; and
  • Part F (UK International Data Transfer Addendum), if you are subject to the UK GDPR.

These terms will apply:

• immediately, for all customers with a Commencement Date on or after 11 September 2023; or
• on and from 11 October 2023 for all other customers.

If you have a separate agreement with us for the use of our Services, these terms will not apply unless we have a right to update those terms from time to time.

Unless otherwise agreed to in writing with us, your Customer Contract will be between you and:

• MessageMedia U.S.A., Inc. Colorado Corp No. 20211959186, if you are domiciled or incorporated in North America; or
• MessageMedia Europe Limited (Company Number 3771735), if you are domiciled or incorporated in Europe or the United Kingdom; or
• Message4U Pty Ltd (ABN 16 095 453 062), if you are domiciled or incorporated in Australia or any other part of the world.