1. Service and Acceptance
These Terms and Conditions (“Terms”) govern your use of the DesignThat SMS Bundle service (“Service”). By purchasing an SMS Bundle, you (“Customer”) agree to be bound by these Terms.
2. Service Description
DesignThat offers SMS Bundles for businesses to send text messages. These messages can be used for transactional purposes (e.g., order confirmations, shipping updates) or marketing communications (e.g., promotions, special offers).
3. Prohibited Content
Customer agrees to refrain from sending any message that is:
- Spam: Unsolicited commercial electronic messages (UCE) or bulk unsolicited messages (BUM).
- Misleading or deceptive: Messages that mislead the recipient about the identity of the sender, the content of the message, or the purpose of the message.
- Harassing, threatening, or abusive.
- Illegal or promoting illegal activities.
- Sexually suggestive or explicit.
DesignThat reserves the right to suspend or terminate Service for violations of these content restrictions.
4. Fair Use Policy
SMS Bundles are intended for legitimate business communication. DesignThat may implement a Fair Use Policy to prevent abuse. This policy may limit the number of messages sent per recipient or per day. DesignThat will notify Customer of any Fair Use Policy limitations.
5. User Responsibility
Customer is responsible for:
- Obtaining consent from recipients to receive SMS messages (where required by law).
- Maintaining accurate and up-to-date recipient lists.
- Providing a clear and easy-to-use opt-out mechanism for recipients.
6. Disclaimer of Warranties
DesignThat provides the Service on an “as is” and “as available” basis. DesignThat disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
DesignThat shall not be liable for any damages arising out of or related to the Service, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
8. Term and Termination
These Terms shall remain in effect until terminated by either party. DesignThat may terminate these Terms and/or your access to the Service for any reason, with or without notice.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Africa.
10. Entire Agreement
These Terms constitute the entire agreement between Customer and DesignThat regarding the Service and supersede all prior or contemporaneous communications and proposals.
11. Amendment
DesignThat may amend these Terms at any time by posting the amended terms on its website. Customer’s continued use of the Service following the posting of amended Terms constitutes acceptance of the amended Terms.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
