Terms & Conditions

Quick Navigation

1. Defined terms & interpretation

1.1. Defined terms

In this agreement:

Acceptable Currency means a currency that SMSGlobal has accepted as consideration for the purchase of SMSGlobal Credit.

Acceptable Use Policy means SMSGlobal’s acceptable use policy as published on the Website from time to time.

Account means an online account used to access the Services.

Account Balance means, for a given Account, the balance of SMSGlobal Credit for that Account.

Additional Services means all Services other than Messaging Services provided by SMSGlobal to the Customer under this agreement.

Business Day means a day in the State of Victoria, Australia that is not a Saturday, a Sunday or a gazetted public holiday in that State.

Business Hours means the period between 9.00am and 5.00pm on a Business Day.

Sub Account has the meaning given to that term in clause 5.1.

Sub Account Nominee means, in relation to a Sub Account, the person nominated by the relevant Customer to be the principal point of contact on the Sub Account.

Claim means a claim, demand or proceeding arising out of a cause of action, including breach of contract, tort (including negligence) and any other common law, equitable or statutory cause of action.

Commencement Date means the date that SMSGlobal notifies the Customer of SMSGlobal's acceptance of the Customer Request submitted by the Customer through the Website (whether such notification is by email, by onscreen confirmation of acceptance or otherwise).

Complaints Handling Policy means SMSGlobal’s dispute resolution and complaints handling policy as published on the Website from time to time.

Confidential Information of a Disclosing Party means:

1. the following information, regardless of its form and whether the Receiving Party becomes aware of it before or after the date of this agreement;

   1. information that is by its nature confidential;

   2. information that is designated by the Disclosing Party as confidential; and

   3. information the Receiving Party knows, or ought to know, is confidential;

2. all notes and other records prepared by the Receiving Party based on or incorporating information referred to in paragraph (1); and

3. all copies of the information, notes and other records referred to in paragraphs (1) and (2), but excludes information that:

4. the Receiving Party creates (whether alone or jointly with any third person) independently of the Disclosing Party; or

5. is public knowledge (otherwise than as a result of a breach of confidentiality by the Receiving Party or any of its permitted disclosees).

Customer Data means data and information relating to the Customer and its operations, facilities, personnel, assets, products, sales and transactions (including information relating to the Customer’s Message Recipients).

Customer Request means the online application form completed by the Customer on the Website and submitted to SMSGlobal when establishing an Account.

Customer’s Primary Account means the Account established under this agreement which is determined by SMSGlobal from time to time to be the Customer’s primary account.

Damages means all liabilities, losses, damages, costs and expenses (including all legal costs determined on a solicitor and own client basis) whether incurred or awarded against a party, disbursements, costs of investigation, litigation, settlement and judgment, and interest, fines and penalties, regardless of the Claim under which they arise.

Direct Debit Request Form means the direct debit request form available on the Website from time to time.

Direct Debit Transaction has the meaning given to that term in clause 8.1.

Disclosing Party means a party who discloses or makes available Confidential Information to a Receiving Party.

Estimator Tool means the functionality provided on the Website where a Customer may estimate the anticipated Fee for particular Services.

External Factors has the meaning given in clause 2.4.2.

Fee means all fee, charge and other amount payable by the Customer to SMSGlobal under this agreement.

Force Majeure means:

1. act of God, lightning, storm, flood, fire, earthquake, explosion cyclone, tidal wave, landslide or adverse weather conditions;

2. act of public enemy, war (declared or undeclared), act of terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic;

3. the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;

4. embargo, power or water shortage or lack of transportation;

5. any External Factors; or

6. any other event beyond the reasonable control of a party.

Governmental Agency means any governmental, semi-governmental or judicial entity or authority.

Harmful Code means any virus, worm, trojan horse, trapdoor, software switch, time bomb, slicing routine, corruptive code, logic bomb, disabling code, disabling routine or expiration dates as these words are generally understood within the technology industry and any equivalent or similar corruptive mechanism.

Intellectual Property Rights means all intellectual property rights, including:

1. patents, copyright, rights in circuit layouts, designs, registered designs, trade and service marks, trade names and any right to have confidential information kept confidential;

2. any application or right to apply for registration of any of the rights referred to in paragraph (1); and

3. all rights of a similar nature to any of the rights in paragraphs (1) and (2) which may subsist anywhere in the world (including Australia).

Laws means:

1. the common law and equity;

2. any statute, regulation, by-law, ordinance or subordinate legislation (including the Privacy Laws); or

3. any licence, permit, authorisation, accreditation, code of practice, code of conduct, order, direction or other requirement which is enforceable against the Customer or SMSGlobal (as the case may be) or which is issued under an instrument referred to in paragraph (2),

and includes any amendment, change, update or replacement to any of them that may be implemented or take effect during the term of this agreement.

Message means any electronic message (including, SMS and MMS messages), (including the data, information, text, media, images, features, advertisements, promotions, links, pointers and other content comprised in those messages) transmitted or received (via the Customer’s Primary Account or a related Sub Account) through the SMSGlobal Systems.

Message Cost means the cost to the Customer of submitting a Message for sending to the SMSGlobal Systems, as determined from time to time in accordance with clause 6.1.

Messaging Services means the messaging and related services provided to the Customer by SMSGlobal via the Website and the provision to the Customer of access to the Web Tools (including the facility for the Customer to submit Messages for sending through the SMSGlobal Systems). Message Recipient means, in relation to a Message, the Customer’s intended recipient of that Message.

Personal Information means any information or opinion about a natural person (whether true or not), including 'personal information' as that term is defined in the Privacy Act, which either party collects or has access to, stores or discloses, or otherwise handles, in the course of performing, or receiving the benefit of, the Services.

Personnel means, in relation to a party, officers, employees, agents and contractors, including representatives of that party and its Related Corporations.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means:

1. the Privacy Act, the Health Records Act 2001 (Vic), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth);

2. all codes, guidelines, service standards and procedures issued by a Governmental Agency; and

3. all other laws, rules and regulation in any relevant jurisdiction (including Australia),

to the extent they relate to the privacy, protection, use or disclosure of Personal Information or data.

Privacy Policy means SMSGlobal’s privacy policy as published on the Website from time to time.

Receiving Party means a party to this agreement who obtains Confidential Information of the other party to this agreement.

Related Corporation has the same meaning as “related body corporate” in the Corporations Act 2001 (Cth).

Services has the meaning given to that term in clause 2.2.

SMSGlobal Credit means an amount, represented in units of an Acceptable Currency, that may be used as consideration for Services provided in the future.

SMSGlobal Pre-Existing IPR means any Intellectual Property Rights owned and created by SMSGlobal prior to the Commencement Date (together with any improvements, modifications and enhancements made to those rights during the term of this agreement).

SMSGlobal Systems means all hardware, software, materials and resources used by (or on behalf of) SMSGlobal to provide the Services (and includes the Web Tools).

Supplier means a mobile network operator or an aggregator whose services or infrastructure directly or indirectly receive a Message submitted by the Customer via the SMSGlobal Systems for sending to the relevant Message Recipient.

Website means the SMSGlobal website located at www.smsglobal.com (or any successor website as notified to the Customer from time to time).

Web Tools means:

1. the MXT portal (or any related platform);

2. SMSGlobal’s application programming interfaces; and

3. any other tools specifically made available to the Customer by SMSGlobal to enable the Customer to receive the benefit of the Services.

1.2. Interpretation

In this agreement, unless the contrary intention appears:

1. headings are for ease of reference only and do not affect the meaning of this agreement;

2. the singular includes the plural and vice versa and words importing a gender include other genders;

3. other grammatical forms of defined words or expressions have corresponding meanings;

4. a reference to a clause, paragraph, schedule or attachment is a reference to a clause or paragraph of or schedule or attachment to this agreement and a reference to this agreement includes any schedules and attachments;

5. a reference to a document or agreement, including this agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;

6. a reference to a party includes its executors, administrators, successors and permitted assigns;

7. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

8. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

9. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

10. words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and

11. a reference to any statute or other legislation is to a statute or other legislation as amended or replaced from time to time.

2. Services Scroll to Top ▲

2.1. Performance of the Services

SMSGlobal will:

1. provide the Services to the Customer in accordance with this agreement; and

2. permit the Customer to access and use the Web Tools for the purposes of receiving the benefit of the Services,

on and from the Commencement Date until such time as the agreement is terminated in accordance with its terms.

2.2. Services

1. Services means initially, the Messaging Services and any such other Additional Services as agreed between SMSGlobal and the Customer (where such agreement shall be evidenced by the Customer purchasing such Services using the Web Tools) from time to time.

2. For the avoidance of doubt:

1. 1. When you use the SMSGlobal Systems to transmit a Message, the Message may flow through the systems of several Suppliers (together, the Supplier Chain) before actually being delivered to the Message Recipient’s handset or otherwise.

   2. If the Supplier Chain includes one or more Suppliers, your Message is considered to be delivered by SMSGlobal once it has been transmitted from the SMSGlobal Systems to the first Supplier in the Supplier Chain in a form and a manner that allows that Supplier to deliver the Message to the next Supplier in the Supplier Chain or to the Message Recipient (as the case may be).

   3. Actual delivery of a Message to the Message Recipient is dependent on the effective functioning of the Suppliers’ infrastructure, network coverage and the Message Recipient's mobile handset.

   4. Having regard to clause (2.2.2.1), (2.2.2.2) and (2.2.2.3), if the Supplier Chain includes one or more Suppliers, the Services do not include the actual delivery of a Message to the intended Message Recipient and SMSGlobal does not accept responsibility for any failure of, or delay in, the delivery of a Message to a Message Recipient provided that SMSGlobal has delivered the relevant Message to the first Supplier in the Supplier Chain in a form and a manner that allows that Supplier to deliver the Message to the next Supplier in the Supplier Chain or to the Message Recipient (as the case may be).

   5. If the Supplier Chain does not include any Suppliers, SMSGlobal’s responsibility for any failure of, or delay in, the delivery of a Message to a Message Recipient is limited in accordance with this agreement.

2.3. Access to the Web Tools

1. The Customer must:

1. 1. at the Customer’s cost, provide appropriate access devices, software, operating conditions, cabling, telephone lines, modems and internet connections required for it to access the Web Tools and otherwise receive the benefit of the Services;

   2. ensure that no unauthorised use is made of the Web Tools, whether through the Customer’s Primary Account or any Sub Account;

   3. comply with all of SMSGlobal's operating and security requirements and procedures relating to:

1. 1. 1. access to the Web Tools; and

      2. the use of the Services,

(including in respect of passwords and other security information) as displayed on the Website or otherwise notified to the Customer from time to time;

1. 4. other than as expressly permitted under this agreement, not obtain (nor attempt to obtain) any access to, or interfere with:

1. 1. 1. any programs or data of SMSGlobal, a Supplier or any other client of SMSGlobal; or

      2. any part of the SMSGlobal Systems or any Supplier's systems, hardware, software or networks of a Supplier; and

1. 5. not introduce any Harmful Code into the SMSGlobal Systems or the systems, hardware, software or networks of any Supplier.

2. If the Customer becomes aware of or suspects that a breach of any of the obligations set out in paragraph (a) has occurred, the Customer must promptly notify SMSGlobal, in which case SMSGlobal may take such action as it considers appropriate (which may included changing the Customer's passwords and other security information).

2.4. Continuity of Services & Suspension

1. Notwithstanding anything else in this agreement, SMSGlobal does not undertake, warrant or guarantee that the Services (including access to the Web Tools or other SMSGlobal Systems) will be uninterrupted, continuous or error free.

2. The Customer acknowledges and agrees that the Customer’s use of the Services is dependent on, and affected by, a number of environmental and other factors outside of the reasonable control of SMSGlobal, including the systems hardware and software of any services provided by Suppliers (External Factors). Subject only to clause 17.4, SMSGlobal will have no liability whatsoever relating to any failure of, or interruption in the performance of, the Services resulting from any External Factors. In the event of failure of the Services, SMSGlobal will use reasonable commercial endeavours to restore the Services to an operational state with the minimum practicable delay.

3. The Customer acknowledges that, from time to time:

1. 1. SMSGlobal will conduct routine and other maintenance on the Website and the SMSGlobal Systems; and

   2. the Suppliers will conduct routine and other maintenance on their respective systems, hardware, software and networks,

and the Customer agrees that, during the conduct of such maintenance, the Customer may not be able to access or use the Services.

4. The Customer acknowledges and agrees that SMSGlobal may, in its sole discretion and to the maximum extent allowed by Law, suspend the Services (including the Customer's access to the Web Tools) in any of the following circumstances:

1. 1. SMSGlobal wishes to repair, improve, and/or upgrade the underlying technology of the SMSGlobal Systems;

   2. SMSGlobal's access to any system, software, hardware or network of any Supplier is suspended for any reason;

   3. SMSGlobal is required to do so by any Governmental Agency or Supplier; or

   4. for any other justifiable reason, including but not limited to, circumstances where the Customer (or the Customer’s Sub Account Nominees) in SMSGlobal’s opinion are in breach of this agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3. Customer's obligations Scroll to Top ▲

3.1. Customer’s Primary Account

The Customer:

1. warrants that all information provided in the Customer Request and any other information provided to SMSGlobal in the course of using the SMSGlobal Systems is complete and accurate;

2. must keep the Customer’s Primary Account information current and accurate; and

3. must keep all of the Customer’s Primary Account information (including the Customer’s password and account name) confidential and secure.

3.2. Licences and compliance

The Customer must:

1. obtain and maintain throughout the term of this agreement all relevant licences, approvals, permits and certificates:

1. 1. required in respect of delivery of the Messages; and

   2. otherwise required in order to receive the benefit of the Services;

2. comply with all applicable Laws and industry codes and practices; and

3. comply with SMSGlobal’s directions, policies and procedures relating to the use of the SMSGlobal Systems and the delivery of the Services.

3.3. Use of Services

The Customer must not use the Services, nor permit the Services to be used:

1. for sending any communication or Message which:

1. 1. is defamatory, abusive or of a vulgar, obscene or menacing nature;

   2. is false, inaccurate, misleading or unlawful;

   3. is invasive of a person’s privacy;

   4. is hateful or racially, ethnically, or otherwise objectionable; or

   5. SMSGlobal determines to be otherwise offensive or inappropriate;

2. for the persistent sending of Messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;

3. in a way that contravenes:

1. 1. any applicable Law (including the Privacy Laws) or industry code or practice; or

   2. any other rules or guidelines posted on the Website or otherwise notified to the Customer by SMSGlobal from time to time;

4. in any way that may have a detrimental effect on the goodwill or good standing of SMSGlobal or any Supplier;

5. in a way that may expose SMSGlobal or any Supplier to the risk of any legal or administrative action including prosecution under any Laws;

6. to transmit any communication or Messages that may harm a minor in any way;

7. to send unsolicited electronic commercial messages where the recipient has not consented to receive such messages;

8. to interfere with or disrupt SMSGlobal’s business, or the services, hardware, software or networks of any Supplier;

9. in a way that would infringe any person’s Intellectual Property Rights or other rights; or

10. in any other way that contravenes the requirements of any Supplier as notified to the Customer from time to time (which notification may be given in accordance with clause 21 or by posting a notice on the Website to that effect).

3.4. Acceptable Use Policy

1. Without limiting clause 3.3, the Customer shall comply at all time with SMSGlobal’s Acceptable Use Policy.

2. Where SMSGlobal makes an amendment to the Acceptable Use Policy, it shall have immediate effect following the amendment first being published on the Website.

3.5. Responsibility for Messages

1. The Customer:

10. 1. is solely responsible for all Messages (whether submitted or submitted on the Customer’s own behalf or on behalf of a third party);

    2. must inform SMSGlobal as soon as possible if the Customer suspects or becomes aware of any unauthorised use of the Customer’s Primary Account or any related Sub Account; and

    3. acknowledges and agrees that SMSGlobal has no editorial control over the Messages and is under no obligation to review, moderate, amend or modify the Messages as part of the Services.

2. The Customer acknowledges and agrees that, notwithstanding paragraph (a)(iii), SMSGlobal and the Suppliers may, in their absolute discretion, monitor the Messages transmitted using the SMSGlobal Systems.

3. The Customer must bear all costs arising out of any complaints made in connection with the Messages (including complaints made by any Governmental Agency).

3.6. Sender ID

These additional terms and conditions apply to:

1. SMSGlobal customers who use (or wish to use) SMSGlobal's SMS or MMS messaging services to send messages using an alphanumeric or symbol-based message header (a Sender ID), including electronic messaging service providers and international telecommunications service providers who use (or wish to use) SMSGlobal to send such messages on behalf of their customers; and
2. individuals who use the SMSGlobal web portal (or other options provided by SMSGlobal) to request SMSGlobal's assistance in submitting applications for registrations on the SMS Sender ID Register (Register).

From 1 July 2026, any individual or organisation that wishes to send messages to Australian recipients using Sender IDs must be registered (and have the relevant Sender ID registered) on the Register that is administered by the Australian Communications and Media Authority (ACMA). Messages sent using an unregistered Sender ID after 1 July 2026 will be labelled as "Unverified" or may be blocked by Australian carriers.

SMSGlobal has been approved by the ACMA as a participating telecommunications provider and a certified telecommunication provider for the purposes of the Register. We (and other approved telecommunications providers) can assist customers with applying for registration of Sender IDs on the Register, and with sending messages using those Sender IDs once they have been registered.

Please read the following information and terms and conditions carefully (including the "Mandatory information for Sender ID customers" section at the end of the terms and conditions).

By applying to SMSGlobal to submit applications to the Register, or by using (or attempting to use) Sender IDs with SMSGlobal's SMS or MMS messaging services, you accept and agree to be bound by these additional terms and conditions.

Before applying for registration

The ACMA has published information about the Register on its website to help businesses and organisations understand the types of Sender IDs you can register, and the relevant application process and requirements.

The process and requirements may depend on:

1. whether you are using Sender IDs for your own business or organisation, or on behalf of another business or organisation; and
2. whether the business or organisation has an Australian Business Number (ABN) or does not have an ABN.

If the business or organisation holds an ABN, you also have a choice whether to use the ABN or non-ABN registration process. As a certified telecommunications provider, we can offer both options to ABN holding entities.

If you want to use SMSGlobal's services to send Sender ID messages:

1. for your own business or organisation, please review the ACMA's instructions here: https://www.acma.gov.au/sending-text-messages-your-business-or-organisation-name
2. for another business or organisation (for example, if you are an advertising or marketing agency running a campaign for your client), please review the ACMA's instructions here: https://www.acma.gov.au/sending-texts-another-organisation

If your application involves a business or organisation that:

1. has an ABN, please review the ACMA's instructions here: https://www.acma.gov.au/register-sender-id-if-you-have-abn
2. does not have an ABN, please review the ACMA's instructions here: https://www.acma.gov.au/register-sender-id-if-you-dont-have-abn

If you are an international organisation (including businesses, SMEs, not-for-profits and government departments or agencies) that sends SMS or MMS messages with Sender IDs to recipients in Australia, please read the ACMA's instructions here: https://www.acma.gov.au/international-organisations-sending-text-messages-australia

The ACMA may update these instructions and guidance from time to time. You should check the Register homepage on the ACMA website to ensure you have the latest versions: https://www.acma.gov.au/sms-sender-id-register.

It is important that you follow these instructions and meet your responsibilities under the application process and requirements. Failure to do so may result in your application being delayed or rejected, and/or SMSGlobal being prohibited by law from including your Sender ID in your messages.

Sender ID terms and conditions

3.6.1.1. Definitions

"ACMA Ts&Cs" means the ACMA's terms and conditions that apply to entities that access and use the Register (including businesses and organisations that register Sender IDs, and telecommunications providers (carriers, carriage service providers and electronic messaging service providers)), as amended from time to time and published at https://www.acma.gov.au/sms-sender-id-register-terms-and-conditions (or any successor URL).

"Applicant" means the business, organisation or other entity that is the subject of an Application.

"Application" means an application to the ACMA for registration in the Register that is submitted, or intended to be submitted, to the ACMA by SMSGlobal for the Customer (including registrations of a Sender, a Sender ID or an "entity associate" as defined in the Register Rules).

"Application Request" means a request from a Customer to SMSGlobal for SMSGlobal to submit an Application for and on behalf of the Customer (including, where applicable, the Partner End Customer).

"Customer" means SMSGlobal's customer of the Service, which may be either a Direct Customer or a Partner.

"Direct Customer" means an SMSGlobal customer that:

1. is using (or proposes to use) the Service to send Sender ID Messages; and
2. is either the Sender ID Owner or an "entity associate" for the relevant Sender ID.

"Due Diligence Checks" means the checks required under the Register Rules to:

1. confirm the identity of the person making the request on behalf of the Sender ID Owner, and that the person is an authorised representative of the Sender ID Owner;
2. confirm that the Sender ID Owner has been officially recognised or certified by a governing body, regulatory authority or accreditation organisation in the country in which the Sender ID Owner is based; and
3. confirm that the Sender ID Owner has a valid use case for the Sender ID,

in accordance with the criteria and requirements of the Register Rules.

"EMSP Partner" means an electronic messaging service provider (as defined in the Register Rules) that uses or proposes to use the Service as an ESMP partner (as defined in the Register Rules) to send Sender ID Messages for the EMSP Partner's end customers.

"Individual" means the person who submits an Application Request to SMSGlobal using SMSGlobal's registration web portal or otherwise.

"International Telco Partner" means an international telecommunications service provider (as defined in the Register Rules) that uses or proposes to use the Service as an international partner (as defined in the Register Rules) to send Sender ID Messages for the International Telco Partner's end customers.

"Mandatory Information" means the information contained in the "MANDATORY INFORMATION FOR SENDER ID CUSTOMERS" at the end of these Terms.

"Partner" means an ESMP Customer or an International Telco Customer.

"Partner End Customer" means an end customer of the Partner that has engaged the Partner to send Sender ID Messages.

"Partner Message" means a Sender ID Message that a Partner requests SMSGlobal to send on behalf of the Partner and its Partner End Customer.

"Register" means the SMS Sender ID Register under the Telecommunications Act 1997 (Cth).

"Register Rules" means all legislation, regulations and instruments applicable to the Register, including the Telecommunications Act 1997 (Cth) (the Act), the Telecommunications (SMS Sender ID Register) Industry Standard 2025(the Standard) and the SMS Sender ID Register (Application, Access and Administration) Determination 2025 (the Determination).

"Sender" means a business, organisation or other entity that sends or proposes to send Sender ID Messages.

"Sender ID" means an alphanumeric or symbol-based message header to be used in an SMS or MMS message and includes a "sender identification" as defined in the Telecommunications Act 1997 (Cth).

"Sender ID Message" means an SMS or MMS message that includes a Sender ID and is sent to a mobile number issued in Australia.

"Sender ID Owner" means, in relation to a Sender ID, the business, organisation or other entity to which the Sender ID relates.

"Service" means the SMS and MMS messaging services provided by SMSGlobal.

"Terms" means these Sender ID additional terms and conditions.

"Telecommunications Laws" means the Register Rules, and all other telecommunications laws that apply to SMSGlobal.

"Validly Registered" means, in relation to a Sender ID, that the Sender ID is currently registered on the Register and that Sender ID Owner has a current authorisation in place for SMSGlobal to send Sender ID Messages including that Sender ID.

3.6.1.2. Register Rules

1. Customer acknowledges that:
   1. SMSGlobal is prohibited by the Register Rules from sending any Sender ID Messages containing Sender IDs that are not Validly Registered; and
   2. as between SMSGlobal and the Customer, it is the Customer's responsibility to ensure that Sender IDs are Validly Registered before Customer seeks to use the Services to send any Sender ID Messages containing those Sender IDs. For the avoidance of doubt, this does not limit SMSGlobal's obligations under these Terms to perform any agreed functions in assisting the Customer to make and submit Applications (including, where relevant, for Partner End Customers).
2. SMSGlobal will not be liable to the Individual, the Customer, the Sender ID Owner or any other third party (including any Partner End Customer) in connection with:
   1. SMSGlobal's refusal to send Sender ID Messages where doing so would contravene the Register Rules; and
   2. any action taken by SMSGlobal in accordance with the Register Rules or clause 2(e) (including any action taken to disrupt or block Sender ID Messages that are not Validly Registered (such as over-stamping such Sender ID Messages as "unverified"), and report scam messages) or other Telecommunications Laws (including any action taken to disrupt scam messages).
3. Individual and Customer each agree to (and Customer further agrees to ensure that its users and personnel) comply with the Register Rules and the ACMA Ts&Cs in connection with any Application Requests and Customer's use of the Services.
4. Individual and Customer must not submit an Application Request, or use the Services (or permit the Services to be used) in connection with Sender IDs or to send Sender ID Messages, in a manner that impersonates or falsely represents any other person, organisation or group that they are not authorised to represent (including where the Customer is using the Services on behalf of a third party).
5. SMSGlobal reserves the right to, at any time and without liability to the Customer, suspend or block Customer's use of the Service for the delivery of Sender ID Messages if SMSGlobal reasonably believes that the Sender ID may:
   1. breach applicable laws, regulatory requirements or industry standards;
   2. be misleading, deceptive, fraudulent or involve impersonation of another person or entity;
   3. infringe the intellectual property or other rights of any third party; or
   4. expose SMSGlobal, its carriers or partners to regulatory, legal or reputation risk.
6. Without limiting clause 2(c), where Customer is an electronic messaging service provider (within the meaning of the Telecommunications Act 1997 (Cth)):
   1. the Customer must be registered as a participating telecommunications provider on the Register in accordance with the Register Rules before (and at all times during) use of the Services to send Sender ID Messages;
   2. SMSGlobal may agree to accept Customer as an EMSP Partner in accordance with clause 5 of these Terms; and
   3. if Customer is not using the Services as an EMSP Partner:
      1. Customer will be the originating telecommunications provider (and SMSGlobal will act as the transiting telecommunications provider) for any Sender ID Messages that Customer sends using the Services (including where Customer is sending such Sender ID Messages on behalf of its own end customers); and
      2. SMSGlobal will have no responsibility for performing and fulfilling any of the Customer's obligations under the Register Rules (including any obligations to register its end customer's Sender IDs on the Register and enforce Sender ID compliance by identifying and disrupting use of unregistered Sender IDs).

3.6.1.3. Applications and authorisation

1. Individual warrants to SMSGlobal that:
   1. Individual is duly authorised to submit the Application Request for and on behalf of the Applicant (or Applicants) and accept these Terms for and on behalf of Customer;
   2. Individual has read (and, where applicable, provided to Customer) the Mandatory Information; and
   3. the information provided in the Application Request is, to the best of the Individual's knowledge, accurate and correct in all material respects.
2. SMSGlobal will process all Application Requests in accordance with SMSGlobal's obligations under the Register Rules (including by conducting verification of the Individual's identity, the eligibility of the Sender ID and the eligibility of the proposed Sender ID Owner, where required by the Register Rules). The Individual and the Customer authorise (and must procure authorisation from any relevant third parties) for SMSGlobal to do so.
3. SMSGlobal may request additional documentation or verification information before submitting a registration request, and SMSGlobal reserves the right to delay submission, or refuse to submit the Application Request to the ACMA, where:
   1. SMSGlobal reasonably considers that it is non-compliant with the requirements of the Register Rules or other applicable laws; or
   2. the Individual, Customer and/or Sender ID Owner have not provided SMSGlobal with the necessary information and approvals required under the Register Rules for SMSGlobal to perform its obligations in verifying the Application.
4. Once SMSGlobal has submitted the Application to the ACMA, Individual and Customer agree to promptly do all things, and take all steps, that are necessary to complete the Application process, including by:
   1. following any instructions provided by the ACMA;
   2. completing (or procuring any relevant personnel to complete) any required identity verification required by the ACMA; and
   3. providing or procuring any confirmations, approvals or information required by ACMA in connection with the Application.
5. Individual and Customer acknowledge that review and approval of Applications are performed by ACMA in accordance with the Register Rules. SMSGlobal cannot (and does not) guarantee that Applications will be approved by the ACMA, or that Sender IDs will become Validly Registered.
6. By submitting an Application Request for a Sender ID, Customer authorises SMSGlobal to send Sender ID Messages that include that Sender ID, subject to that Sender ID being Validly Registered.
7. SMSGlobal will not be liable to Individual, Customer, Sender ID Owner or any other third party (including any Partner End Customer) in connection with:
   1. any delay in the submission of, or SMSGlobal's refusal to submit, an Application resulting from Individual's or Customer's failure to comply with these Terms or the Register Rules;
   2. a decision by the ACMA not to approve the Application; or
   3. any other delays, rejections or verification issues in connection with an Application that are outside of SMSGlobal's reasonable control.

3.6.1.4. Customer's responsibilities

1. Individual and Customer are responsible for:
   1. selecting whether to use the ABN or non-ABN registration process for an Application (where the Applicant qualifies for both processes);
   2. ensuring that the Application Request as submitted to SMSGlobal complies with the applicable requirements of the Register Rules, including by:
      1. confirming that the proposed Sender ID complies with the formatting requirements; and
      2. ensuring that the proposed Sender ID Owner has a valid use case for the Sender ID;
   3. ensuring that all registrations necessary for identity verification (which may include the Australian Business Register) are correct and up-to-date;
   4. ensuring the accuracy, completeness and legitimacy of all information submitted to SMSGlobal in connection with an Application Request; and
   5. reviewing and understanding all applicable requirements, guidance and instructions issued by the ACMA and/or SMSGlobal in connection with the Application process and ongoing use of the Sender ID.
2. Customer is responsible for:
   1. keeping its account details up to date;
   2. securing its Service account and any associated user accounts that can be used to send Sender ID Messages;
   3. ensuring that its use and/or registration of any Sender ID and all messages sent using that Sender ID:
      1. do not infringe any intellectual property rights;
      2. are not misleading or deceptive;
      3. do not impersonate any person, business or government entity; and
      4. comply with all applicable laws, including the Spam Act 2003 (Cth);
   4. ensuring that its use of any Sender ID remains consistent with the approved use case for that Sender ID and continues to comply with the Register Rules at all times; and
   5. monitoring the status of the Application to ensure it is progressed and completed.
3. Customer must promptly notify SMSGlobal of any material changes relevant to the Customer's Sender ID registration or Application as soon as practicable, including any changes to the Customer's contact details (including email address) for the Register, or any changes that may affect the validity, accuracy, or ongoing compliance of a registered Sender ID.
4. Notwithstanding any registration of a Sender ID on the Register, Customer remains responsible for ensuring that its use of the Services (including any Sender ID Messages sent using the Services) comply with the Spam Act 2003 (Cth).
5. Customer agrees to maintain appropriate records and supporting documentation relating to its Application Requests and Sender ID usage, including records sufficient to demonstrate compliance with the Register Rules, the approved use case for each Sender ID, and any applicable legal requirements.

3.6.1.5. Additional provisions for Partners

1. Customers who wish to use the Services as a Partner must register with SMSGlobal as either an EMSP Partner or an International Telco Partner using SMSGlobal's approved registration process for Partners. Registration as a Partner is subject to review and approval by SMSGlobal in its discretion. Customer must not use the Service as a Partner in breach of this clause 5(a).
2. By registering as an EMSP Partner or an International Telco Partner (or otherwise using, or attempting to use, the Service as a Partner), the Customer acknowledges and agrees that:
   1. these Terms (together with any agreement between SMSGlobal and the Customer in relation to the Services) constitute a written contractual arrangement between Customer and SMSGlobal in relation to Customer's use of the Services as a Partner (the Partnership Arrangement);
   2. this clause 5 applies (and the Partner will comply with it) during the Partnership Arrangement and for as long as the Partner is using the Service to send Partner Messages or is registered to use the Service as a Partner; and
   3. either party may terminate the Partnership Arrangement by giving written notice to the other party. The Customer acknowledges that following termination:
      1. if Customer was an EMSP Partner, the Customer will become fully responsible for its obligations as a telecommunications provider under the Register Rules (and SMSGlobal will have no further responsibility for performing such obligations on Customer's behalf); and
      2. if Customer was an International Telco Partner, Customer and its end customers may no longer use the Services to send Sender ID Messages.
3. Where SMSGlobal accepts Customer as an EMSP Partner, SMSGlobal and the Customer will agree on which of the Customer's obligations under the Telecommunications (SMS Sender ID Register) Industry Standard 2025 (the EMSP Obligations) SMSGlobal will perform on behalf of the Customer (the Agreed SMSGlobal Tasks). In accordance with clause 2(c) of these Terms, Customer must continue to perform any residual EMSP Obligations (if any) that are not Agreed SMSGlobal Tasks.
4. In accordance with the Register Rules, SMSGlobal will, upon request from the Partner, make Sender ID registration applications to the ACMA for Partner End Customers on the Partner's behalf (Partner End Customer Applications) if:
   1. the Partner is an International Telco Partner; or
   2. the Partner is an EMSP Partner and SMSGlobal has agreed to handle Partner End Customer Applications as part of the Agreed SMSGlobal Tasks.
5. Where SMSGlobal assists Partner with a Partner End Customer Application, the parties agree that:
   1. the Partner must obtain all consents, permissions and authorisations necessary from the Partner End Customer (and any relevant third party) for SMSGlobal to make the application to the ACMA on behalf of the Partner End Customer and Partner;
   2. the Partner is responsible for obtaining all necessary information for the application (Application Details) from the Partner End Customer and providing these Application Details to SMSGlobal; and
   3. unless the parties have agreed otherwise (including as part of the Agreed SMSGlobal Tasks), the Partner is responsible for:
      1. performing the Due Diligence Checks for the Partner End Customer Application; and
      2. satisfying itself that the Due Diligence Checks have been successful in accordance with the Register Rules,

      before providing the Application Details to SMSGlobal;

   4. the Partner End Customer Application will be treated as an Application Request in accordance with these Terms, and Partner will procure the Partner End Customer to comply with these Terms accordingly;
   5. the Partner acknowledges that (in accordance with the Register Rules):
      1. SMSGlobal will notify the Partner (and not the Partner End Customer) of any ACMA decision or notice relating to a Partner End Customer Application or a Sender ID that has been registered pursuant to a Partner End Customer Application; and
      2. the Partner is responsible for informing the Partner End Customer of the ACMA decision or notice; and
   6. the Partner must notify SMSGlobal immediately if either Partner and/or SMSGlobal are no longer authorised to send messages using a Sender ID that has been registered by SMSGlobal for a Partner End Customer.
6. For the avoidance of doubt, the Partner remains fully responsible for Partner End Customer Applications and Partner Messages in accordance with these Terms as if references to "Customer" were references to both the Partner and the Partner End Customer. The Partner will procure the Partner End Customer to comply with these Terms accordingly, and the acts and omission of the Partner End Customer in connection with the Services will be deemed to be the acts or omission of the Partner itself.
7. SMSGlobal reserves the right to, at any time and without liability to the Partner End Customer, Partner or any other third party, suspend or block any use of the Service for the delivery of Partner Messages if SMSGlobal reasonably believes that the Partner Message (or SMSGlobal's sending of such message for Partner) may:
   1. breach the Register Rules or any other applicable laws, regulatory requirements or industry standards;
   2. be misleading, deceptive, fraudulent or involve impersonation of another person or entity;
   3. infringe the intellectual property or other rights of any third party; or
   4. expose SMSGlobal, its carriers or partners to regulatory, legal or reputation risk,

   and SMSGlobal may do so without prior notice to Partner where reasonably necessary to comply with applicable laws or to mitigate risk.

8. Partner must:
   1. maintain adequate records to demonstrate its compliance with these Terms and all applicable laws, and must provide such records to SMSGlobal upon request; and
   2. fully cooperate with SMSGlobal in responding to any investigations or regulatory request, and must provide all information reasonably requested by SMSGlobal in connection with such matters.

Mandatory information for Sender ID customers

The Standard requires SMSGlobal to notify its current and prospective SMS and MMS messaging customers of the following matters.

(a) Part 24B of the Act provides for the establishment of the SMS Sender ID Register (the Register);

(b) From 1 July 2026, if a sender identification message is sent which includes a sender identification that is not registered in the Register, the sender identification message will be labelled as 'Unverified';

(c) If an entity wishes to send sender identification messages, it must register its sender identification in the Register and ensure that it uses one or more participating telecommunications providers to send the sender identification messages;

(d) The following types of entities can be approved to make applications to register sender identifications in the Register:

(i) an individual;
(ii) a body corporate;
(iii) a corporation sole;
(iv) a body politic;
(v) a government entity (within the meaning of the A New Tax System (Australian Business Number) Act 1999);
(vi) a partnership;
(vii) any other unincorporated association or body of persons;
(viii) a trust;
(ix) a superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993);

(e) For an entity to be able to have its sender identification registered in the Register, the entity must demonstrate that it has a valid use case for the sender identification;

(f) An entity can make an application to register its sender identification in the Register through a participating telecommunications provider that is an originating telecommunications provider. A list of all participating telecommunications providers that are originating telecommunications providers will be made available on the ACMA's website;

Entities with an ABN

(g) An entity with an ABN can make an application to register its sender identification through any participating telecommunications provider that is an originating telecommunications provider, or a partner of a participating telecommunications provider. In order to obtain approval to make such an application:

(i) the person making the request for the entity must be listed as an authorised contact for the entity on the Australian Business Register, or be otherwise authorised by that entity; and
(ii) the person making the request must pass an identification check; and
(iii) the person making the request must agree to the Register's terms of use;

Note: These requirements will be included in a determination made under section 484L of the Act.

(h) Once the provider has made the application for registration of the sender identification on behalf of an entity, the person making the request for the entity will receive instructions from the ACMA about how to access the Register;

(i) Once the entity is approved by the ACMA, the entity will be able to confirm the registration of the sender identification;

Note: The requirements in paragraphs (h) and (i) will be included in a determination made under section 484L of the Act.

(j) Any cost for registering a sender identification, including any ongoing annual charge;

(k) Once the entity's sender identification is registered, the entity can authorise other participating telecommunications providers to send messages using that sender identification;

(l) An entity with an ABN can also register its sender identification through an originating telecommunications provider that is a certified telecommunications provider;

Entities without an ABN

(m) An entity without an ABN can only make an application to register its sender identification through an originating telecommunications provider that is a certified telecommunications provider or a partner of a certified telecommunications provider. That provider or partner will conduct similar checks to those outlined in paragraph (g);

(n) An entity without an ABN that makes an application to register its sender identification through a provider or partner of the kind referred to in paragraph (m) will not be able to gain access to the Register.

Customer acknowledgements

By submitting a Sender ID registration to SMSGlobal platforms, you confirm that you have read, understood, and accept your role and responsibilities, as well as all requirements for registering a Sender ID for Australian destinations.

i) All information submitted as part of this Sender ID registration request is accurate, complete and not misleading;

You are authorised to submit this registration request and, where applicable, have obtained all necessary authorisations from the relevant organisation or entity;

The organisation that is applying for the Sender ID (or on whose behalf the Sender ID is being used) owns, controls or is otherwise authorised to use that Sender ID;

You confirm that:

1. All information submitted as part of this Sender ID registration request is accurate, complete and not misleading;
2. You are authorised to submit this registration request and, where applicable, have obtained all necessary authorisations from the relevant organisation or entity;
3. The organisation that is applying for the Sender ID (or on whose behalf the Sender ID is being used) owns, controls or is otherwise authorised to use that Sender ID;
4. The requested Sender ID will be used for legitimate business communications, and there is a valid use case for using the requested Sender ID;
5. You will not send, or attempt to send, any message using a Sender ID unless it has been registered;
6. You will maintain appropriate records, authorisations and supporting documentation relating to this registration and the ongoing use of the Sender ID;
7. All supporting documentation can be provided to SMSGlobal, carriers, ACMA or other regulatory authorities upon request;
8. You will promptly notify SMSGlobal of any material changes that may affect the validity, accuracy or ongoing compliance of this registration;
9. You acknowledge that registration of a Sender ID does not remove my obligation to comply with applicable laws, including the Spam Act 2003 (Cth);
10. Any messages sent will not be misleading or deceptive, impersonate another person, business or government entity, or infringe intellectual property rights;
11. You acknowledge and agree that SMSGlobal may refuse, delay, suspend, block or cancel a Sender ID registration request, or restrict the use of a Sender ID, where reasonably required to comply with applicable laws, regulatory requirements, industry standards, carrier requirements or SMSGlobal's compliance obligations; and
12. If You are requesting a Sender ID registration as an International Partner or EMSP Partner and my customer is not the owner of the Sender ID (but is instead sending messages on behalf of that owner), You will notify SMSGlobal during the application so that SMSGlobal can register my customer accordingly.

3.7. Volumes and forecasting

The Customer must:

1. on request by SMSGlobal from time to time, provide SMSGlobal with volume forecasts for the use of the Services and such other information that SMSGlobal may reasonably request concerning the Customer's use of the Services; and

2. provide SMSGlobal with revised volume forecasts for its use of the Services if the Customer anticipates, from time to time, that there is likely to be a significant increase or decrease in its use of the Services.

4. Variation to this agreement Scroll to Top ▲

1. SMSGlobal reserves the right to modify this agreement at any time.

2. By using the Services, the Customer agrees that SMSGlobal may provide it with notice of a change to this agreement by publishing the amended agreement on the Website. Such notice will be effective and binding on the Customer from the date that the amended agreement is first published on the Website.

3. The Customer must regularly check the Website to ensure that it is complying with the most current version of this agreement.

4. SMSGlobal will use its best endeavours to update the version reference at the head of this agreement following any amendments to its terms in accordance with this clause 4.

5. Sub Accounts Scroll to Top ▲

5.1. Sub Accounts

1. Upon being requested to do so by the Customer in the manner designated by the SMSGlobal Systems, SMSGlobal may, in its absolute discretion, create one or more Accounts (each a Sub Account) that are linked to the Customer’s Primary Account.

2. The existence of a Sub Account does not of itself create a separate agreement for Services between SMSGlobal and the Sub Account Nominee and this agreement shall apply to all Services provided in respect of the Customer’s Primary Account and any related Sub Account.

5.2.Responsibility for Sub Accounts

Unless SMSGlobal expressly agrees in writing otherwise, the Customer is responsible in all respects for a Sub Account (including the indemnity in favour of SMSGlobal in clause 18 in respect of all Fees and other costs and expenses attributable to that Sub Account) as if it were the Customer’s Primary Account under this agreement.

5.3. Suspending Sub Accounts

SMSGlobal may, in its absolute discretion, suspend any Sub Account created by the Customer without notice.

5.4. Stand Alone Sub Accounts

SMSGlobal reserves the right to require that a Sub Account Nominee enter into a separate agreement for Services. In such case, a separate online Customer Request must be submitted by the Sub Account Nominee with SMSGlobal. Any Account resulting from the separate online Customer Request (a Stand Alone Sub Account) will not be regarded as a Sub Account of the Customer for the purpose of this agreement.

5.5. Customer’s guarantee & indemnity in respect of each Stand Alone Sub Account

Unless SMSGlobal expressly agrees in writing that this clause 5.5 does not apply, the Customer:

1. unconditionally guarantees to SMSGlobal the punctual observance and performance by each of its Stand Alone Sub Account holders of their respective obligations to SMSGlobal arising under their respective agreement in relation to the Services; and

2. indemnifies SMSGlobal and its Personnel (those indemnified), and will hold those indemnified harmless, against all Damages suffered or incurred by any or all of those indemnified arising, directly or indirectly, out of or in connection with:

3. 1. a breach by a Stand Alone Sub Account holder of its agreement with SMSGlobal for the Services;

   2. any negligent or fraudulent act, error or omission by a Stand Alone Sub Account holders, its personnel, agents or Message Recipients;

   3. loss of or damage to any property or injury to or death of any person caused by any act or omission by a Stand Alone Sub Account holder, a Stand Alone Sub Account holder’s personnel, agents, or Message Recipients; or

   4. any Claim by a third party (including any Supplier or Message Recipient) against SMSGlobal relating to the Services or the subject matter of the SMSGlobal’s agreement with a Stand Alone Sub Account holder.

6. Message Costs and Message Costs Estimator Scroll to Top ▲

6.1. Applicable Message Costs

1. The Message Costs charged by SMSGlobal to the Customer will be at the applicable rates available at https://www.smsglobal.com/pricing/

2. The Customer acknowledges that SMSGlobal may offer different pricing for Messages Services to different Customers based on membership or other categories from time to time.

6.2. Additional Services

Any Additional Services purchased by the Customer will be charged at the price shown to the Customer at the time of making the purchase using the SMSGlobal Systems.

6.3. Use of the Estimator Tool

The Customer acknowledges and agrees that:

1. the Estimator Tool is provided for illustrative purposes only;

2. an amount calculated from time to time using the Estimator Tool does not constitute a quote or an offer capable of acceptance by the Customer; and

3. the pricing of Messages will ultimately be determined in the manner set out in clauses 6.1 and 6.2.

7. Pre-payment and charging Scroll to Top ▲

7.1. Basis for charging

The Customer agrees that:

1. amounts paid by a Customer to SMSGlobal constitutes a purchase by the Customer of SMSGlobal Credit. The SMSGlobal Credit that is purchased will be credited to the Customer's Primary Account (or, at the direction of the Customer, a related Sub Account) at the time of purchase;

2. each time the Customer purchases Messaging Services, the Customer’s Account Balance will be debited by an amount equal to the Fee attributable to those Services (determined in accordance with clause 6.1);

3. each time the Customer purchases any Additional Services (other than the Messaging Services) the Customer’s Account Balance will be debited by an amount equal to the Fee attributable to those Services (determined in accordance with clause 6.2); and

4. such amounts will be debited from the Customer’s Account Balance as soon as practicably possible following the purchase through the SMSGlobal Systems.

7.2. Account Balance must be in credit

At the time of purchasing Services using the SMSGlobal Systems, the Customer’s Account Balance must contain sufficient SMSGlobal Credit to cover the entire cost of that transaction. SMSGlobal will not allow a Customer’s Account Balance to go into debit.

7.3. Nature of the SMSGlobal Credit

The Customer acknowledges and agrees that:

1. notwithstanding that the Customer’s SMSGlobal Credit is represented in the SMSGlobal Systems as an amount of an Acceptable Currency, the Customer may only use such balance as consideration for Services purchased and has no legal or equitable right to recover (whether by way of refund or otherwise) such sum from SMSGlobal except as is prescribed by Law or expressly prescribed by this agreement;

2. no trust or other fiduciary relationship exists between SMSGlobal and the Customer or any Sub Account Nominee;

3. SMSGlobal Credits are:

1. 1. not transferable from Customer to another Customer; and

   2. are transferable between a Customer and its Sub Account Nominee with the express consent of SMSGlobal.

7.4. Expiry of SMSGlobal Credit

SMSGlobal reserves the right to cancel SMSGlobal Credit which have not been used within one year effective from 1st Nov 2019 for all credits applied after this date by the Customer in accordance with clause 7.1(1).

8. Payment Surcharge Scroll to Top ▲

8.1 A surcharge fee will be applied to all payments made using either Visa or MasterCard

8.2 The surcharge fees will be automatically added to the total amount due and will be reflected in the final invoice provided to the customer.

8.3 The surcharge implemented will cover the processing cost associated with the usage of the credit cards.

8.4 By proceeding with payments, the customer agrees to the application of this surcharge fee.

9.GST Scroll to Top ▲

9.1. Defined terms

In this clause 9, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.

9.2. GST inclusive amounts

For the purposes of this agreement, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under this agreement, the amount or consideration will not be increased on account of any GST payable on that supply.

9.3. Consideration GST exclusive

Any consideration to be paid or provided for a supply made under or in connection with this agreement, unless specifically described in this agreement as GST inclusive, does not include an amount on account of GST.

9.4. Gross up of consideration

Despite any other provision in this agreement, if a party (Supplier) makes a supply under or in connection with this agreement on which GST is imposed (not being a supply the consideration for which is specifically described in this agreement as GST inclusive):

1. the consideration payable or to be provided for that supply under this agreement but for the application of this clause (GST exclusive consideration) is increased by, and the recipient of the supply (Recipient) must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply; and

2. the amount by which the GST exclusive consideration is increased must be paid to the Supplier by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

9.5. Reimbursement (net down)

If a payment to a party under this agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

10. Fees exclusive of Taxes Scroll to Top ▲

1. Except as otherwise specified in this agreement and subject to paragraph (b), the Fees and any other fees and charges payable by the Customer under this agreement are exclusive of all taxes, duties and charges imposed or levied in Australia or overseas in connection with this agreement or the Services.

2. SMSGlobal is solely liable for all taxes on income and revenue, and any capital gains accrued or paid, in respect of the Services.

11. Stamp duty and other Taxes Scroll to Top ▲

11.1. Stamp duty

Any stamp duty, duties or other taxes of a similar nature (including fines, penalties and interest) in connection with this agreement or any transaction contemplated by this agreement must be paid by the Customer.

11.2. Withholding tax

If a Law, or regulation pursuant to a Law, requires the Customer to deduct or withhold an amount on account of any tax from any payment to SMSGlobal under or in connection with this agreement:

1. the Customer must make the withholding or deduction; and

2. the amount of the payment to SMSGlobal must be increased by such additional amount as is necessary to ensure that the amount received and retained by SMSGlobal (after taking into account all deductions and withholdings on account of tax) is equal to the amount that SMSGlobal would have received had the payment in question not been subject to any deductions or withholdings.

12. Intellectual Property Rights Scroll to Top ▲

12.1. SMSGlobal Intellectual Property Rights

SMSGlobal owns (or is the licensee of) all Intellectual Property Rights in:

1. the Web Tools and the SMSGlobal Systems;

2. all SMSGlobal Pre-Existing IPR; and

3. all documentation, know-how, methodologies, equipment and other materials supplied or made available to the Customer under or in connection with this agreement,

and nothing in this agreement transfers or assigns to the Customer any of those rights.

12.2. Customer Intellectual Property Rights

1. SMSGlobal acknowledges and agrees that, as between the parties, the Customer retains all Intellectual Property Rights in the Customer Data.

2. The Customer grants to SMSGlobal a non-exclusive, non-transferable, royalty-free licence to use and reproduce the Customer Data solely for the purpose of enabling SMSGlobal to discharge its obligations under this agreement.

13. Confidential information Scroll to Top ▲

13.1. Use and disclosure

A Receiving Party:

1. may use Confidential Information of the Disclosing Party only for the purposes of this agreement; and

2. must keep confidential all Confidential Information of the Disclosing Party except:

   1. for disclosures permitted under this clause 13; and

   2. to the extent (if any) the Receiving Party is required to disclose any Confidential Information by Law or in accordance with the rules of an applicable stock exchange.

13.2. Use and disclosure of Confidential Information

A Receiving Party may disclose Confidential Information of the Disclosing Party:

1. in the case of SMSGlobal, to Suppliers as required by the terms of any agreements between SMSGlobal and those Suppliers; and

2. to persons who:

   1. have a need to know for the purposes of this agreement (and only to the extent that each has a need to know); and

   2. before disclosure:

      1. in the case of the Personnel of the Receiving Party, have been directed by the Receiving Party to keep confidential all Confidential Information of the Disclosing Party; and

      2. in the case of other persons, have agreed in writing with the Receiving Party to comply with substantially the same obligations in respect of Confidential Information of the Disclosing Party as those imposed on the Receiving Party under this agreement,

(each a Direction).

13.3. Receiving Party's obligations

A Receiving Party must:

1. ensure that each person to whom it discloses Confidential Information of the Disclosing Party under clause 13.2(b)(ii) complies with its Direction; and

2. notify the Disclosing Party of, and take all reasonable steps to prevent or stop, any suspected or actual breach of a Direction.

13.4. Disclosure required by Law

If a Receiving Party is required by Law or the rules of an applicable stock exchange to disclose any Confidential Information of a Disclosing Party to a third person (including government) the Receiving Party must:

1. before doing so:

   1. notify the Disclosing Party; and

   2. give the Disclosing Party a reasonable opportunity to take any steps that the Disclosing Party considers necessary to protect the confidentiality of that information; and

2. notify the third person that the information is confidential to the Disclosing Party.

14. Privacy Scroll to Top ▲

Each party:

1. agrees to be bound by the Privacy Laws applicable to it with respect to any act done or practice engaged in by the party for the purposes of this agreement (including, in relation to the Customer, in respect of the collection, use, disclosure and storage of the Personal Information of Message Recipients);

2. must (and must ensure that its Personnel) comply with:

   1. the Privacy Laws and all guidelines issued by applicable privacy offices (and any similar regulatory bodies); and

   2. the Privacy Policy;

3. must notify the other party immediately:

   1. of any complaint from any person alleging a breach of the Privacy Laws;

   2. if it becomes aware of a breach, or a suspected or possible breach, by it of any of its obligations under this clause 14; or

   3. if it becomes aware that any disclosure of Personal Information may be required by Law;

4. cooperate with the other party in:

   1. resolving any complaint alleging a breach of the Privacy Laws or any privacy statement regarding any Personal Information; and

   2. providing access to any record of Personal Information following a request from an individual; and

5. take appropriate technical and organisational measures to prevent (to the extent reasonably practicable):

   1. unauthorised or unlawful use or disclosure of; and

   2. accidental loss or destruction of, or damage to,

Personal Information.

15. Data protection Scroll to Top ▲

15.1. Use of Customer Data

SMSGlobal must not (and must ensure that its Personnel do not):

1. use Customer Data held by SMSGlobal, or to which SMSGlobal has access, other than for the purposes of fulfilling its obligations under this agreement; or

2. purport to sell, let for hire, assign rights in or otherwise dispose of any Customer Data, other than as required to enable SMSGlobal to:

   1. disclose Customer Data to Suppliers in accordance with the terms of SMSGlobal's agreements with such Suppliers; and

   2. comply with applicable Laws or the rules of any applicable stock exchange.

15.2. Safeguarding Customer Data

SMSGlobal will:

1. establish and maintain reasonable safeguards against the destruction, loss or alteration of Customer Data in the possession, custody or control of SMSGlobal; and

2. use its reasonable endeavours to protect the Customer Data from destruction, loss, alteration or security breaches while the Customer Data is stored in the SMSGlobal Systems.

16. Warranties Scroll to Top ▲

The Customer warrants to SMSGlobal that:

1. the Customer has the requisite power and authority to enter into this agreement and to carry out the obligations contemplated by this agreement;

2. the transmission of the Messages (or any of them) will not infringe the Intellectual Property Rights or other rights of any person;

3. the Customer holds (and will at all times continue to hold) all rights permits, licences, authorisations and accreditations required for it to perform its obligations under this agreement; and

4. the performance of its obligations under this agreement will:

   1. comply with all such rights, permits, licences, authorisations and accreditations; and

   2. not contravene any applicable Laws.

17. Exclusion of warranties and limited liability Scroll to Top ▲

17.1. Exclusion of warranties

1. SMSGlobal excludes all express and (to the maximum extent permitted by Law) implied conditions, warranties and liabilities, except for any liability or implied condition or warranty the exclusion or limitation of which would contravene any applicable statute or cause any part of this clause to be void (Non-excludable Condition).

2. To the maximum extent permitted by law, SMSGlobal's liability to the Customer for breach of any Non-excludable Condition is limited, at SMSGlobal's option, to:

   1. in the case of goods, repair or replacement of the goods or payment of the cost of the repair or replacement; and

   2. in the case of services, resupply of the services or payment of the cost of the resupply.

17.2. Exclusion of liability

Subject to clause 17.4.2, but despite any other provision of this agreement, SMSGlobal excludes all liability:

1. in relation to Messages transmitted by the Customer using the Services (including any liability to third parties arising as a result of the transmission of any Messages); and

2. for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, the cost of procuring any substitute services, or any indirect, consequential or special loss, damage, cost or expense or other Claims for consequential compensation, incurred by or awarded against the Customer under or in any way connected with this agreement or the provision of the Services.

17.3. Liability cap

Subject to clauses 17.2 and 17.4.2, but despite any other provision of this agreement, SMSGlobal's total aggregate total liability to a Customer under or in connection with this agreement (whether in contract, tort (including negligence) or any other theory of liability) shall not exceed in aggregate the amount of SMSGlobal Credit purchased by the Customer in the 12 month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of [$5,000] in all cases.

17.4. Application of exclusions and limitations

The exclusions and limitations of liability in clauses 17.2 and 17.3:

1. apply whether the relevant Claim is made under statute, in tort (for negligence or otherwise), under an indemnity, in equity or otherwise; and

2. do not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would:

   1. contravene that statute; or

   2. cause any part of this clause to be void.

18. Indemnity Scroll to Top ▲

The Customer indemnifies SMSGlobal and its Personnel (those indemnified), and will hold those indemnified harmless, against all Damages suffered or incurred by any or all of those indemnified arising, directly or indirectly, out of or in connection with:

1. a breach of this agreement by the Customer;

2. the use of the Customer’s Primary Account by the Customer or any third party;

3. the transmission of any Messages (including any Damages sustained or incurred by those indemnified in connection with complaints or Claims relating to any Messages);

4. any negligent or fraudulent act, error or omission on the part of the Customer, its Personnel or Message Recipients;

5. loss of or damage to any property or injury to or death of any person caused by any act or omission of the Customer, its Personnel or Message Recipients; or

6. any Claim by a third party (including any Supplier or Message Recipient) against SMSGlobal relating to the Services or the subject matter of this agreement.

19. Termination Scroll to Top ▲

19.1. Termination by the Customer for convenience

The Customer may terminate this agreement at any time for convenience by giving SMSGlobal notice in writing to that express effect.

19.2. Termination by SMSGlobal for convenience

SMSGlobal may terminate this agreement at any time for convenience by giving the Customer notice in writing to that express effect.

19.3. Termination by SMSGlobal for cause

SMSGlobal may terminate this agreement immediately by notice to the Customer if:

1. the Customer commits any breach of this agreement that is:

   1. capable of remedy and the Customer fails to remedy the breach within 30 days after receiving written notice requiring it to do so; or

   2. incapable of remedy;

2. the Customer ceases to be able to pay its debts as they become due;

3. any step is taken by a mortgagee to take possession or dispose of the whole or part of the Customer's assets, operations or business;

4. any step is taken to enter into any arrangement between the Customer and its creditors;

5. any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, an administrator or other like person of the whole or part of the Customer's assets, operations or business;

6. the Customer disposes of the whole or part of its assets, operations or business other than in the ordinary course of business;

7. the Customer ceases to carry on business;

8. the Customer is a partnership, any step is taken to dissolve that partnership; or

9. the Customer has not accessed its Account (including any Sub Account) for a continuous period of 2 years or more.

19.4. Consequences of termination

1. On termination of this agreement for any reason:

9. 1. the Customer must:

2. 1. 1. promptly return all materials, information and documentation provided to the Customer or the Sub Account Holders by SMSGlobal in connection with the Agreement;

      2. refrain from accessing or using any SMSGlobal Systems (including the Web Tools), and ensure that none of the Customer’s Personnel, the Sub Account Holders or the Sub Account Holders’ Personnel access or use any of the SMSGlobal Systems; and

9. 2. SMSGlobal may:

1. 1. 1. cancel the Customer’s Primary Account and all its Sub Accounts;

      2. terminate all means or modes of access and use of the SMSGlobal Systems by the Customer and its Personnel; and

      3. be regarded as discharged from any further obligations under this agreement.

2. Despite anything else in this agreement, the Customer acknowledges and agrees that SMSGlobal may keep a reasonable number of copies of:

1. 1. the Customer's Confidential Information disclosed to SMSGlobal under this agreement; and

   2. the Customer Data,

for record keeping and quality control purposes, to allow SMSGlobal to comply with all applicable Laws, and to otherwise fulfil the terms of SMSGlobal's agreements with Suppliers.

3. If SMSGlobal terminates this agreement in accordance with clause 19.2, all of the Customer’s and the Customer’s Sub Accounts’ SMSGlobal Credit shall be refunded.

4. If the Customer terminates this agreement in accordance with clause 19.1, all of SMSGlobal Credit credited to the Customer’s Primary Account and any related Sub Account shall be forfeited.

19.5. Accrued rights and remedies

Termination of this agreement will not prejudice any right of action or remedy which may have accrued to either party prior to such termination.

20. Complaint Handling Scroll to Top ▲

A party must not start legal proceedings (except proceedings seeking interlocutory relief) until that party has fully complied with the Complaints Handling Policy.

21. Notices and other communications Scroll to Top ▲

21.1. Service of notices

Except as otherwise provided under this agreement, a notice, demand, consent, approval or communication under this agreement (Notice) must be:

1. in writing, in English and signed by a person duly authorised by the sender; and

2. hand delivered or sent by prepaid post or facsimile or email to:

   1. in relation to the Customer, the Customer‘s address for Notices the specified in the Customer Request; and

   2. in relation to SMSGlobal to the address specified to be SMSGlobal’s address on the Website from time to time,

as varied from time to time by Notice given by the recipient to the sender.

21.2. Effective on receipt

A Notice given in accordance with clause 21.1 takes effect when taken to be received (or at a later time specified in it), and is taken to be received:

1. if hand delivered, on delivery;

2. if sent by email, two hours after the time that the email is sent (unless the sender receives notification during that time that delivery of the email was not successful);

3. if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia); or

4. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the entire Notice unless, within eight Business Hours after the transmission, the recipient informs the sender that it has not received the entire Notice,

but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.

21.3. Marketing & Product Information

SMSGlobal may contact you from time to time to inform you of any company or product news, promotions and offers.

21.4. Notifications & Reminders

All MXT users will automatically be opted in to receive notifications for low credit balance and upcoming SMS credit expiry.

22. Miscellaneous Scroll to Top ▲

22.1. Approvals and consents

Except where this agreement expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this agreement.

22.2. Assignment

1. The Customer may only assign the Customer’s rights under this agreement with the prior written consent of SMSGlobal.

2. SMSGlobal may assign or novate any of its rights and obligations under this agreement to a Related Corporation of good standing by providing the Customer with notice of such assignment or novation in accordance with clause 21.1. Any other assignment or novation by SMSGlobal of its rights and obligations under this agreement may occur with the prior written consent of the Customer.

22.3. Force Majeure

Neither party is liable for any failure to perform or delay in performing its obligations under this agreement if that failure or delay is due to anything beyond that party’s reasonable control. This clause does not apply to any obligation to pay money. The deadline for any obligation that is affected by the Force Majeure will be extended by a period equivalent to the period for which the Force Majeure has prevented that obligation being performed.

22.4. Entire agreement

This agreement together with the Customer Request constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, which do not form part of, and may not be relied on by either party in construing, this agreement.

22.5. Further action

Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this agreement and any transaction contemplated by it.

22.6. Survival

Any indemnity or any obligation of confidence under this agreement is independent and survives termination of this agreement. Any other term by its nature intended to survive termination of this agreement survives termination of this agreement, including clauses 12, 13, 17, 18, 19.5 and this clause 22.6.

22.7. Severability

Each clause of this agreement and each part of each clause must be read as a separate and severable provision. If any provision is found to be void or unenforceable, that provision may be severed and the remainder of this agreement will continue in force.

22.8. Waiver

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

22.9. Relationship

Except where this agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.

22.10. Test credits

Any remaining test credit will expire after users top-up their MXT account.

23.Governing law and jurisdiction Scroll to Top ▲

This agreement is governed by the laws of Victoria, Australia and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of Victoria, Australia.

24. Promotional Deals and Offers Scroll to Top ▲

SMSGlobal reserves the right to offer promotions, sales, discounts, and deals to the Customer from time to time, in accordance with the Terms and Conditions.

24.1. Validity

Promotions, deals, and offers that may be made available to the Customer by SMSGlobal from time to time are subject to change.

Promotions, deals, and offers are only valid and redeemable:

1. during the time period stated in the Terms and Conditions of the offer (see subclause 24.3. for specific promotion details); and

2. with pre-paid SMS credit payments through the SMSGlobal MXT platform;
   unless stated otherwise.

24.2. Improper Use

SMSGlobal reserves the right to suspend or revoke an account if Terms And Conditions are not adhered to.

24.3. Disclaimer for promotions, deals and offers

All promotions, deals and offers made available by SMSGlobal to the Customer are subject to subclause 24.1 and 24.2.

25. Customer Service Guarantee - Waiver Scroll to Top ▲

Please read the following paragraphs carefully.

They contain information affecting your rights.

25.1. Introduction

Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2011 (CSG) allows SMSGlobal to propose that you waive certain of the protections and rights provided to you under the CSG. The CSG contains performance standards, which carriage service providers such as SMSGlobal are required to fulfil (unless the customer has waived these performance standards).

A complete version of the CSG and an explanation of its terms are available on the Australian Communication and Media Authority's website at www.acma.gov.au

The SMSGlobal VoIP service explained to you in your Statement of Works for the Provision of Voice Enabled Virtual Mobile Numbers (Voice Services) provides significantly lower call costs in comparison to a normal telephone service provided over the public switched telephone network.

SMSGlobal is only able to provide this service on the basis that it is not required to meet the CSG’s performance standards. So that SMSGlobal may continue to offer the Voice services, it requires that all of its customers waive their rights under, and in respect of, the CSG. 4. The protections and rights you are waiving are:

1. The provision of written information The CSG requires carriage service providers to at least every two years give written information to each customer about:

   1. the performance standards that apply to supply the Voice services;

   2. the obligations of the provider under those standards; (iii) the customer's entitlements to damages under the Act for contravention of the performance standards; and

   3. on request, provide information to the customer about a performance standard.

2. Guaranteed maximum service connection periods The CSG provides time frames within which connection to services should occur.

3. Guaranteed maximum fault rectification periods The CSG provides time frames within which rectification of service faults should occur.

4. Making and changing appointments The CSG requires carriage service providers to:

5. make appointments with customers at times that are convenient for the customer;

6. make appointments with customers that are either for a particular time of the day or to nominate a five hour period during which the appointment will occur; and

7. change appointments by giving at least 24 hours notice or by obtaining the agreement of the customer to the change.

If you waive your rights under the CSG you will not be able to claim compensation from SMSGlobal for any failure to meet the prescribed performance standards in relation to the supply of the Services. 5. This waiver will take effect when you agree to the waiver as part of the application for the Voice services or upon signing up to an account with us for the provision of the Voice services.

If you do not agree to a CSG waiver, SMSGlobal reserves its rights not to provide the Voice services to you.

25.2. Waiver

We understand that by agreeing to this waiver of rights to SMSGlobal, as a part of our application for the Voice services, we are agreeing to waive all protections and rights under the Customer Service Guarantee with respect to the provision of the Voice services to us.