Version 1.0 June 2024
These Billing and Credit Terms and Conditions apply to the Sinch MessageMedia Service and form part of your Agreement. In the event of conflict between these terms and any other billing and credit terms in your Agreement, these terms will prevail.
Capitalised terms that are not otherwise defined have the meaning ascribed to in the Terms of Service and related documentation.
1.1. If the plan for your Service (Plan) or Order Form states that you are required to pay a monthly access fee (Monthly Access Fee):
1.2. Message Credits which are not used within the month of purchase are not refundable, do not carry forward and cannot be exchanged or redeemed for cash or other credit.
1.3. If you exceed your monthly Message Credits, extra charges apply and a Service may be limited in some way.
2.1. We may, at any time, make supply of Service conditional on you providing and/or maintaining security and/or third party guarantees to our reasonable satisfaction.
2.2. At our discretion, we may obtain a credit report about you to help us decide whether to accept your application for service and to help us collect overdue amounts. In the course of a credit check, we may disclose Personal Data about you to a credit reporting agency or other credit information provider. We may receive a credit report and other information about you, including Personal Data. A credit reporting agency may include the fact that we obtained a credit report about you in its credit information file on you.
2.3. We may disclose to a credit reporting agency: information in your application, details of your account, that you have applied for credit with us, that we are a current credit provider to you, payments that are more than 60 days overdue and are subject to collection processes, any cheque / direct debit of yours for €100 (or equivalent) or more which has been dishonoured / refused more than once, any serious credit infringement you have committed or that payments are no longer overdue.
2.4. We may disclose information about you and any debt you owe us to a debt collection service we engage and anyone who takes, or is considering taking, an assignment of any debt you owe us.
2.5. If you are an individual, you agree that we can conduct a credit check and verify your personal details, in accordance with this clause.
2.6. We may disclose information about you and any debt you owe us to a debt collection service we engage and anyone who takes, or is considering taking, an assignment of any debt you owe us.
2.7. If you are self-employed, you agree that we can:
2.8. You acknowledge that credit and other information about you may be used:
In this section 3 “Nominated Currency” means:
3.1. You agree to pay fees and/or charges applicable under your Agreement (Charges) in accordance with the terms of your Agreement.
3.2. Unless specified in your Order Form, the Charges are as displayed on our website or otherwise notified to you. If the price for a service is not listed in our Order Form, website or notified to you, we may charge you a fee equal to the cost to us of providing that service plus a reasonable margin.
3.3. All Charges are subject to indexation increases and third-party charges (for example, merchant fees) plus a reasonable margin. If any third-party charges increase, then we may immediately pass the increased third-party charges on to you. Where practicable, we will provide you with reasonable notice of any increases to Charges.
3.4. Unless specifically provided otherwise in your Customer Agreement, our Charges are in the Nominated Currency. We will calculate any international currency conversions using an exchange rate from a reputable independent provider which we elect to use for currency conversions. Currency conversions will be calculated at or about the time payment of the relevant Charge is made and, as there can be fluctuations in the exchange rates, the amount which you are charged may differ to the Charge which was previously published or notified to you.
3.5. We may impose an extra Charge if you send any Messages that are billed by carriers at premium rates, equal to the amount charged to us by the Carrier plus a reasonable margin.
3.6. You must pay for every Message despatched using the Messaging Services irrespective of receipt by the intended recipient, unless failure of receipt by the intended recipient was solely due to our failure to provide the Services. Any failure by a telecommunications carrier (Carrier) or other third-party messaging provider we engage (Provider) to deliver a Message to the intended recipient is beyond our control and we will not be liable for any such failure.
3.7. On written request received within 30 days of a relevant Message being despatched, we will provide evidence that the relevant Message was delivered to the relevant Carrier or Provider.
4.1. Your ‘Billing Period’ is the period between invoices. Unless your Order Form states otherwise, our standard Billing Period is monthly. Invoices may relate to a part-period, for example, to align your Billing Period with the first day of each month.
4.2. We will issue you with an invoice for each Billing Period. Subject to clause 4.3(a) and 4.3(b), our invoices will be issued within 10 Business Days after the end of a Billing Period.
4.3. If your Order Form provides for “Sign-up Date Billing”, then:
4.4. We reserve the right to issue invoices outside of the usual billing cycle described above, for example if we see an unusual volume in traffic or if we consider there are other unusual circumstances that warrant an out-of-cycle invoice being issued to you.
4.5. Some Charges in an invoice may relate to a previous Billing Period, if such Charges were not included in any previous invoice or remain unpaid. We do not waive our right to require payment of applicable Charges by not including the Charges in an invoice.
4.6. We may charge you an extra Charge if we provide billing, payment or security-related services or information to you, for example:
5.1. You must pay an invoice within 14 days after the date of the invoice, unless your Order Form states otherwise.
5.2. Where an automatic payment deducted by us from your nominated financial institution (Automatic Payment) or credit card arrangement applies, we may deduct an amount by Automatic Payment for payment for Charges:
5.3. If a Bill is dishonoured or otherwise not paid on time we may also charge to you:
6.1. Automatic Payment is our preferred payment method and if your Plan or Order Form specifies ‘Automatic Payment only’ (or similar) then:
6.2. Any non-Automatic Payments are subject to third party charges and we do not accept payment via BPAY.
6.3. You represent and warrant that you have the legal right to use any credit card or other payment method you provide to us.
7.1. If you dispute a Bill, you must pay it on time and without set off. We shall credit you if it is later determined that you are entitled to a credit.
7.2. Unless otherwise stated in the Order Form, you shall be responsible for and shall pay all Taxes imposed on or with respect to the Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us.
8.1. Amounts payable under your Customer Contract are exclusive of taxes.
8.2. Unless otherwise stated in the Order Form, you shall be responsible for and shall pay all taxes imposed on or with respect to the Services that are the subject of this Contract whether such taxes are imposed directly upon you or upon us.
8.3. If you are exempt from any such taxes for any reason, we will exempt you from such taxes on a going-forward basis once you deliver a duly executed and dated valid exemption certificate to our tax department and our tax department has approved such exemption certificate.
8.4. If you are required by law to make any deduction or withholding on account of any taxes from payments due to us under this Agreement, you must increase the payment due so that, after deducting or withholding such taxes, we receive an amount equal to the amount we would have received had no deduction or withholding been made.