Terms of Service

These terms govern your use of WebSMS services. By using our platform, you agree to comply with these terms and all applicable laws.

Key Requirements

  • NO SPAM - All messages must comply with anti-spam regulations
  • Consent Required - Recipients must opt-in before receiving marketing messages
  • Appropriate Timing - Send messages at reasonable hours unless for emergency services
  • Compliance - Follow all New Zealand telecommunications laws

Effective Date: January 27, 2025

1. Acceptable Use Policy

Strictly Prohibited

You may NOT use our service to:

  • Send spam or unsolicited messages
  • Send messages without proper consent
  • Harass, threaten, or abuse recipients
  • Send illegal, fraudulent, or deceptive content
  • Violate any laws or regulations
  • Impersonate others or misrepresent your identity
  • Send malicious content or phishing attempts
  • Share adult content or inappropriate material

2. Consent Requirements

Marketing Messages

Explicit opt-in required:

  • Written or electronic consent
  • Clear disclosure of message frequency
  • Easy opt-out mechanism (STOP)
  • Confirmation of subscription
Example:

"Text YES to 1234 to receive special offers. 2-3 msgs/month. Reply STOP to cancel."

Transactional Messages

Consent through relationship:

  • Order confirmations
  • Appointment reminders
  • Account alerts
  • Service notifications
Note:

Even transactional messages should include opt-out options for non-critical communications.

3. Message Timing Guidelines

Appropriate Sending Times

Message Type Acceptable Hours Notes
Marketing/Promotional 9:00 AM - 8:00 PM Recipient's local time zone
Appointment Reminders 8:00 AM - 9:00 PM 24-48 hours before appointment
Order Updates 8:00 AM - 9:00 PM Unless customer requested immediate updates
Emergency Alerts Any time Only for critical issues (outages, safety)
Two-Factor Auth Any time User-initiated only

Never send non-emergency messages at 3 AM! Respect your recipients' time and privacy.

4. Content Standards

All messages must:

  • Identify the sender: Include your business name
  • Be truthful: No false or misleading information
  • Include opt-out: For marketing messages (e.g., "Reply STOP to unsubscribe")
  • Be relevant: Match what recipients consented to receive
  • Use appropriate language: Professional and respectful

Good Example

ACME Store: Your order #1234 has shipped!
Track: acme.co/track
Reply STOP to opt out of updates

Bad Example

URGENT!!! You've WON! Click here NOW!!!
bit.ly/xyz123

5. Compliance Requirements

New Zealand Legal Compliance

You must comply with:

  • Unsolicited Electronic Messages Act 2007 - Anti-spam legislation
  • Fair Trading Act 1986 - Truthful advertising
  • Privacy Act 2020 - Data protection
  • Consumer protection laws - Fair business practices

Penalties: Violations can result in fines up to $500,000 for organizations and $200,000 for individuals.

6. Opt-Out Management

You must:

  • Honor all opt-out requests immediately (within 48 hours maximum)
  • Support standard keywords: STOP, UNSUBSCRIBE, CANCEL, END, QUIT
  • Maintain opt-out lists and never re-add without new consent
  • Confirm opt-outs with a final message

Standard Opt-Out Flow

  1. 1 Recipient texts "STOP"
  2. 2 System automatically processes opt-out
  3. 3 Send confirmation: "You've been unsubscribed from ACME messages. No more messages will be sent."
  4. 4 Remove from all marketing lists

Automatic Opt-Out Response Service

To protect our shared shortcodes from being flagged as spam by carriers, WebSMS reserves the right to enable automatic opt-out responses on any account at our sole discretion.

When this service is enabled:

  • An automatic confirmation message will be sent to recipients who text STOP, confirming their unsubscription
  • Your account will be debited $0.10 (10 cents) per auto-response message sent
  • This service may be enabled at any time at WebSMS's sole discretion

Why we do this: Carrier networks monitor opt-out activity. Unsubscribe patterns can result in shortcodes being blocked or flagged as spam, affecting all users on our platform. This measure helps maintain deliverability for everyone.

7. Account Responsibilities

As an account holder, you are responsible for:

  • All activity under your account
  • Maintaining accurate account information
  • Keeping login credentials secure
  • Monitoring your sending practices
  • Responding to complaints promptly
  • Maintaining consent records

8. Service Limitations

Rate Limits

Sending rates may be limited based on your account type and history

Message Length

Standard SMS: 160 characters
Extended: May be sent as multiple parts

Coverage

Delivery depends on carrier networks and recipient availability

9. Enforcement and Violations

Violation Consequences

If you violate these terms, we may:

  1. 1 First violation: Warning and education
  2. 2 Second violation: Temporary suspension (24-72 hours)
  3. 3 Third violation: Extended suspension or rate limiting
  4. 4 Severe/repeated violations: Permanent account termination

Zero tolerance for: Spam, fraud, illegal content, or activities that harm our reputation or infrastructure.

10. Billing and Payments

  • All prices exclude GST unless otherwise stated
  • Charges are based on messages sent, not delivered
  • International messages may incur additional charges
  • Payment terms as agreed in your service agreement

Credit and Refund Policy

  • No refunds: Top-up credit balances are non-refundable
  • Inactive accounts: Credit balances that remain unused for more than 5 years may be removed at our discretion
  • No refunds for messages sent in violation of these terms

11. Liability and Indemnification

You agree to:

  • Indemnify WebSMS against claims arising from your use
  • Take responsibility for your message content
  • Not hold WebSMS liable for delivery delays or failures beyond our control
  • Maintain appropriate insurance for your business activities

12. Service Availability

While we strive for 99.99% uptime:

  • Service may be interrupted for maintenance
  • We'll notify you of planned downtime when possible
  • Emergency maintenance may occur without notice
  • We're not liable for carrier network issues
  • Uptime is measured monthly, excluding scheduled maintenance

13. Changes to Terms

We may update these terms as needed. We'll notify you of significant changes via email or platform notification. Continued use after changes constitutes acceptance.

14. Termination

Either party may terminate service:

  • You: Cancel anytime through your account or by contacting support
  • WebSMS: May terminate for violations or non-payment
  • Outstanding balances remain due after termination
  • We'll provide data export options before account closure

15. Contact Information

Questions or Concerns?

If you have questions about these terms or need to report a violation:

Email:

Website: https://websms.co.nz

Best Practices Summary

  • Always get consent first
  • Send at appropriate times
  • Include opt-out options
  • Be clear and honest
  • Respect opt-outs immediately
  • Keep accurate records
  • Monitor delivery rates
  • Respond to complaints quickly

By using WebSMS, you acknowledge that you have read, understood, and agree to these Terms of Service.

Thank you for choosing WebSMS and for using our service responsibly!