Changes to Terms and Conditions
One important change that you should be aware of is that we will no longer refund the cost of non-delivered messages. Sometimes messages are not delivered by telecommunications carriers because for example a recipient’s mobile is out of range or disconnected. We are no longer able to absorb the cost of these undelivered messages.
Below is a summary of some of the key differences between our old and new terms. It does not seek to provide you with legal advice or list every change. You should seek your own independent legal advice if you have any concerns or do not understand any aspects of your new terms or are unsure of your rights.
- Clause 7 sets out your entitlements if you are a prepaid customer including that unused message credits are not refundable (previously they were only refundable within 6 months from the date of purchase). Clause 8 sets out how automatic top-ups to your account occur.
- Termination provisions have been made a lot clearer for both parties. For example, we must now give you notice of the requirement to make payment and we may only terminate if you fail to pay within 14 days of receiving such notice (see clause 44(b)) and both parties now have the right to terminate the agreement if the other party becomes insolvent, or is in material breach or if an Intervening event occurs.
- The liability and indemnity provisions are now more balanced giving you greater rights of indemnification.
- The limitations of liability and exclusions of liability are now mutual.
- If we are appointed as your preferred or exclusive provider of the services those rights and obligations are now more clearly set out in clause 5.
- Clauses 27 and 28 set out more clearly how we charge for SMS and MMS messages.
- We continue to have the right to make amendments to these terms, but if you are not happy with the amendments, we will try to resolve these with you or you may terminate the agreement (clauses 49 and 50).
- Clause 33 sets out the rights we have to charge you costs associated with paying by different payment methods.
- Clause 34 sets out more clearly any rights we have to charge you for costs associated with late payment.
- Clause 47 sets out more clearly when we may be entitled to suspend services. Privacy obligations have been spelled out (see clause 23) and now apply to both parties.