SMS SERVICE

  1. The Customer agrees to abide by all applicable laws, regulations and network operator or service provider requirements, including but not limited to the Tanzania Telecommunications Regulatory Authority’s Regulation No. 16 of The Electronic and Postal Communications (Online Content) Regulations, 2018. Any complaint from a network operator or service provider will be regarded in a very serious light and the Customer’s use of the Bulk SMS Service may be suspended accordingly.

    2. REGISTRATION

  2. The Customer adhere to the terms of this condition and the Code of Conduct, select a username, sender identifier, complete the required fields in the Bulk SMS Request Form by providing current, complete and accurate information. NextSms reserves the right to suspend the Bulk SMS Service in the event it receives inaccurate details from the Customer.
  3. Once the username and sender identifier have been assigned and activated for the Customer, the Customer will be notified through SMS and/or email.

    4. SERVICE USAGE

  4. The Customer shall access the provided account through the Bulk SMS Service Website (the “Service Website”), Mobile applications or pre-assigned servers in order to use the Bulk SMS Service after activation.
  5. The Customer must provide the username and password whenever the Customer wishes to use the Bulk SMS Service.
  6. The Customer shall generate and provide the list of Recipients’ numbers. The Customer agrees that the Bulk SMS Messages shall only be sent to Recipients who have consented to the receipt of the Bulk SMS Service (the “Consents”). The Customer agrees to keep records of the Consents and agrees to provide copies of such records to NextSms upon request.
  7. The Customer is not permitted to send Bulk SMS Messages to recipients who have made clear that they do not wish to receive Bulk SMS Messages or advertisements via SMS.
  8. The Customer shall specify its identity and contact details in each Bulk SMS Message, including but not limited to the sender identifier.
  9. The Customer shall send the Bulk SMS Messages at any time within a day.
  10. Unless expressly agreed with the Recipient, the Customer shall send unlimited number of Bulk SMS Messages per day.
  11. The Customer understands that the recipients shall have the right to opt-out of the Bulk SMS Service, and agrees that NextSms shall not be liable to compensate the Customer for any loss of opportunity as a result.
  12. The Customer will not use the Bulk SMS Service:
    • In a way which does not comply with the terms of any laws or any license applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer’s knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of NextSms or any third party; or
    • To knowingly upload, download, use or reuse material which is abusive, offensive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which is liable to incite racial disharmony or hatred, or which comprises of a virus or other code liable to cause loss or damage; or
    • In a way that in Nextbyte’s reasonable opinion could have a materially detrimental effect on Nextbyte’s business, including the Bulk SMS Service.
  13. The Customer agrees not to use the Bulk SMS Service improperly, or in a way that violates the law. NextSms shall have the right to enforce the proper legal obligations, inclusive by suspending the Bulk SMS Service without notice if the Customer is in breach of them.