In addition to revisions of the text of the BulkSMS Terms and Conditions, we have incorporated two documents into the BulkSMS Terms and Conditions to reflect: (1) the mobile messaging regulatory environment and the terms of upstream suppliers, and (2) our policy in regard to the provision of Service Credits and their refunds.

The following paragraphs the BulkSMS Terms and Conditions were revised, noting that “N/A” denotes that a paragraph did not appear in a particular version of the BulkSMS Terms and Conditions:

Para # (current) Para # (outdated) Summary of revisions
1 1 Inclusion of the reference to other relevant industry standards and codes and applicable third-party network operator and platform operator terms and conditions.
2.1 2.1 In the definition of “BulkSMS”, the inclusion of reference to paragraph 21.1 for details of the BulkSMS legal entity contract with.
2.1 2.1 Addition of the definition for a message.
2.1 2.1 Expansion of the definition for a network operator.
2.1 N/A Inclusion of the definition of a platform operator.
2.1 N/A Inclusion of the definition for premium rated services numbers.
2.1 N/A Inclusion of the definition for RCS.
2.1 N/A Inclusion of the definition for Service Credits.
2.1 2.1 Amendment of the definition of SMS.
3.1 3.1 Inclusion of the reference to the incorporation of industry codes, network operator terms and platform provider terms into this agreement.
3.2 3.2 Inclusion of the additional obligation to not use the service if a user cannot comply with a platform provider terms, conditions and policies.
5.1 N/A Inclusion of a new paragraph on Applicable Laws and Additional Terms and the inclusion of a URL link to the incorporated document titled: “Applicable Laws and Additional Terms”. This new paragraph replaces paragraphs 6.2.1, 6.2.2, 6.2.3 and 6.2.4 in the prior version of the BulkSMS Terms and Conditions.

All subsequent paragraphs are re-numbered due to the inclusion of this paragraph.
5.2 N/A Inclusion of a new paragraph on the application of jurisdictional restrictions relating to gambling messaging.
6.1 5.1 “Message delivery requests” is replaced by “message transmission requests”. The limitation of RCS delivery to only Android phones is included.
6.2 5.2 Inclusion of reference to platform operators.
6.4 5.4 Inclusion of reference to the confirmation of delivery for different types of messaging services.
6.5 5.5 The conditions where a refund may apply is now included in the BulkSMS Service Credits and Refunds Policy and a URL link to this incorporated policy is included. The timeframes that applies to the termination of inactive accounts are set out in sub-paragraphs 6.5.1 and 6.5.2.
N/A 5.6 The conditions where a refund may apply is now included in the BulkSMS Service Credits and Refunds Policy, as further set out in the new paragraph 10.3.
6.7 5.8 Amended to update for the provision of SMS messaging services to the United States of America and Canada, including making use of Toll Free (TFN) or a 10 Digital Long Code (10DLC) for delivering messages in these North American countries.
6.7.1 5.8.1 A message is specified as an SMS message.
6.7.1.1 5.8.1.1 Updated the process of opt-out from receiving SMS messages. A message is specified as an SMS message.
6.7.1.2 5.8.1.2 A message is specified as an SMS message.
6.7.1.3 5.8.1.3 A message is specified as an SMS message.
6.7.3 5.8.3 Updated the process of requesting information about a message. A message is specified as an SMS message.
6.7.4 5.8.4 Updated to reflect the conditions of use for Toll Free (TFN) or a 10 Digital Long Code (10DLC) services.
6.7.5 5.8.5 A message is specified as an SMS message.
7.2 6.2 Replaced paragraphs “sub-paragraphs 6.2.1, 6.2.2, 6.2.3 and 6.2.4 in the previous version of the BulkSMS Terms and Conditions, which listed applicable regional laws, with a link to an incorporated page titled: “Applicable Laws and Additional Terms”.
7.3 6.2.2.2 Inclusion of new paragraph to incorporate sub-paragraph 6.2.2.2 from the previous version of the BulkSMS Terms and Conditions.
7.4 6.2.2.3 Inclusion of new paragraph to incorporate paragraph 6.2.2.3 from the previous version of the BulkSMS Terms and Conditions.
7.5 6.2.2.4 Inclusion of new paragraph to incorporate paragraph 6.2.2.4 from the previous version of the BulkSMS Terms and Conditions.
7.6 6.3 Included reference to network operator and platform operator terms, conditions or polices that may apply. Deleted the sentence stipulating the amount of interest that accrues for no payment of fines or damages.
7.8 6.5 Inclusion of the reference to platform operator.
8.1 7.1 Replaced the word “may” with “will” in the second sentence of the paragraph.
9.1 N/A Inclusion of a new paragraph incorporating the BulkSMS Privacy Policy into the BulkSMS Terms and Conditions and a URL link to this incorporated policy is included.
9.4 N/A Inclusion of a new paragraph on the use of API’s to share data with third parties for the purpose of making use of BulkSMS services.
9.5 N/A Inclusion of a new paragraph on the use of third-party providers to provide the BulkSMS services and data protection measures that apply to these third-party providers.
9.6 N/A Inclusion of a new paragraph on the sharing of data with third-party providers and consultants to provide the BulkSMS services, and the data protection measures that apply the sharing of data with these parties.
N/A 9.1 Paragraph 9.1 of the previous BulkSMS Terms and Conditions has been incorporated into the new paragraph 10.3 and the BulkSMS Service Credits and Refunds Policy.
10.1 9.2 Inclusion of “RCS or other message services” for which charges may apply. The final sentence includes the qualification for the number of Service Credits that apply for a type of message for a specific network.
10.2 N/A Inclusion of a new paragraph setting out the BulkSMS services and purchases which payable in advance.
10.3 N/A Inclusion of a new paragraph to incorporate paragraphs 5.5, 5.6 and 9.1 of the previous BulkSMS Terms and Conditions, and a URL link to this incorporated policy is also included.
10.4 & 10.5 9.3 & 9.4 The order of the paragraphs now reads: loading of credits and then manner of payment.
10.5 9.3 Deleted cheque deposit as an accepted means of payment. A stipulation was included that bank charges raised by a User’s bank are for the User’s account when using third-party payment service providers to purchase BulkSMS services. A further stipulation was included that where payments are made in a foreign currency, a reasonable foreign exchange transaction fee may be applied to a User’s Service Credit balance or charged by BulkSMS.
10.6 N/A The inclusion of a new paragraph setting out the application of interest on late payment for purchased BulkSMS services.
10.7 9.5 Updated the list of third-party payment gateway providers.
11.1.2 10.1.2 Inclusion of the reference to platform operator.
11.1.3 10.1.3 Inclusion of the reference to platform operator.
N/A 10.2 Deletion of this paragraph as BulkSMS no longer offer subscription-based mobile services.
12.1 11.1 Inclusion of the reference to platform operator.
13.6 12.6 Inclusion of the reference to platform operator.
13.7 12.7 Replaced the text: “network provider codes or practice or acceptable usage policies” with the text: “Network Operator, Platform Operator terms, codes or policies including but not limited to acceptable usage policies.”
15.1 14.1, 14.3 & 14.4 Company information: consolidated paragraphs with company directors’ names and the company’s address from the previous BulkSMS Terms and Conditions into this paragraph. Updated the list of company directors to reflect changes on the top management team.
15.3 14.1 & 14.4 The inclusion of the reference to the specific paragraph 21.1 where group legal entity information may be found, including for the South African and United Kingdom based companies trading as BulkSMS.com.
15.4 14.5 Inclusion of the SMS and RCS as specific messaging channels.
16.2 15.2 Inclusion of the text “short codes, long codes, Premium Rated Service Numbers” in the third paragraph. .
21.1 20.1 Company legal entity information is updated to reflect the current locations of BulkSMS’s global operations.