As provided for in paragraph 5 of the BulkSMS Terms and Conditions, certain regulations, third-party terms, conditions, policies and codes of conduct (hereinafter referred to as “Applicable Laws and Additional Terms”) may apply to certain Services or to the receipt of provision of certain Services in certain territories and jurisdictions. Users and End-Users are required to comply with such Applicable Laws and Additional Terms, which shall be deemed to be incorporated into the BulkSMS Terms and Conditions for Users and End-Users of such services:

Service Applicable Regions Additional Terms and Regulations
All Services European Union Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/ EC, all national member state laws promulgated in terms thereof and, from 25 May 2018, the EU General Data Protection Regulation 2016/679 (GDPR).
South Africa The Electronic Communications and Transactions Act No. 25 of 2002, the Consumer Protection Act 68 of 2008, the Protection of Personal Information Act 4 of 2013.
United Kingdom The Data Protection Act 1998 and the Privacy and Electronic Communications Regulations, 26 May 2011.
United States The Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the CTIA Messaging Principles and Best Practices available at www.ctia.org.
Services entailing the delivery of receipt of messages by means of third party Network Operators All Relevant terms and conditions specified by all regional Network Operators.
SMS Messaging South Africa The WASPA Code of Conduct available at www.waspa.org.za. BulkSMS is a member of WASPA and is bound by the WASPA Code of Conduct. End-users have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. BulkSMS may be required to share information relating to a service or a User with WASPA for the purpose of resolving a complaint.
RCS Business Messaging (RBM) Services All
Premium Rated Service Numbers South Africa Advertising Pricing and Payments
  • BulkSMS may vary its charges for Premium Rated Service Numbers and keyword registrations from time to time and without prior notice to Users. BulkSMS shall not be liable for any costs incurred by a User who is required to adjust the advertised price of a Premium Rated Service Number as a result of any adjustment in the price of a premium rated service.
  • Within 60 (sixty) days of the end of a calendar month, subject to BulkSMS’s receipt of reconciled message traffic figures from a mobile network provider, BulkSMS shall account to the User for all of its premium rated service charges in respect of that calendar month and shall make payment of the net amount due to the User in respect of that calendar month. BulkSMS shall be entitled to retain and deduct its service charges from the revenue due to a User in respect of the premium rated service as set out on the ShortCode Payout page available at https://www.bulksms.com/products/premium-rated-sms.htm. Monthly amounts for premium rated service charges in respect of that calendar month for less than R100.00 are not paid out to a User.
  • Should the amount due to a User in respect of a premium rated service be queried or disputed by a User, BulkSMS shall endeavour to make the necessary investigations to the best of its abilities and attempt to resolve the query or dispute, but should such investigations prove to be inconclusive, the SMS message transaction logs maintained by BulkSMS, and reconciled against the networks’ SMS message transaction logs, shall be deemed to be true and accurate for all accounting purposes.
  • Failing resolution of any dispute within 30 (thirty) days of accounting the dispute may, in BulkSMS’s discretion, be referred by BulkSMS for further investigation and determination by BulkSMS's auditors who will recommend appropriate corrective action and will determine the amount payable. The User shall co-operate in any such investigation and any sum found to be due or overpaid shall promptly be paid or refunded within 30 (thirty) days of the date of such determination. The auditors' costs shall be paid by the User if it is found to have incorrectly disputed the accounting by BulkSMS and such costs may be deducted by BulkSMS from any payment due to the User.
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