SMS DIRECT CONNECT SERVICE DEFINITION DOCUMENT

Transcription

1 Commercial in confidence SMS DIRECT CONNECT SERVICE DEFINITION DOCUMENT SMS Direct Connect Alpha-Numeric Service Version 5, 12 April 2012

2 SMS Direct Connect Service Definition Document 1 SMS Direct Connect 1.1 SMS Direct Connect lets Customer (the legal entity that has the SMS Direct Connect Service Schedule as part of its Agreement with Telstra) access Telstra s Short Message Centre to send SMS to mobile services via SMPP access If Customer chooses SMPP Access, Customer may also send Flagged Registered Messages. 1.2 SMS Direct Connect: delivers Customer s SMS to other Telstra customers; carries Customer s SMS to non-telstra customers to the physical point of connection between Telstra systems and the other phone company's systems; and delivers SMS from Telstra and non-telstra customers to Customer s access service. 1.3 Before Customer uses SMS Direct Connect, Customer must: first connect to a Telstra mobile service (if Customer uses SMPP access, Customer may connect to more than one mobile service). Customer is responsible for all charges associated with the mobile service; provide the necessary equipment, third party software and infrastructure required to access and use SMS Direct Connect. Customer is responsible for maintaining (including the payment of associated charges) the equipment, software and infrastructure; obtain the access service or services necessary to use SMS Direct Connect. Customer is responsible for maintaining (including the payment of associated charges) the access service(s). ensure Customer s equipment, software and infrastructure is compatible with SMS Direct Connect. Telstra may conduct reasonable checks and tests to satisfy Telstra that Customer s equipment, software and infrastructure is compatible before providing SMS Direct Connect; choose a monthly volume of SMS; and have the SMS Direct Connect Service Schedule as part of its Agreement with Telstra. Technical Guide 1.4 If Customer uses SMS Direct Connect via SMPP, Customer will be able to use the SMPP functionality set out in Telstra s SMS Direct Connect technical guide. For more information about this guide please see Customer s Telstra Account manager. SMS Direct Connect Service Limitations 1.5 Customer will only be able to send and receive SMS messages from non-telstra customers where Telstra and the other phone company have agreed and fully implemented the necessary signalling protocol technology. 1.6 Customer s SMS may not be successfully delivered, or delivered in a timely manner to a person's mobile service (for example, the person's phone may be switched off, out of mobile service range, not operating properly, the message storage space may be full or the person may be overseas and the overseas phone company has blocked the SMS). 1.7 Telstra will try to deliver Customer s SMS for up to 7 days. If Customer s SMS is not delivered within this time, Telstra will delete the SMS. 1.8 Telstra do not warrant that Telstra s Short Message Centre is able to successfully send, receive and/or deliver Customer s SMS messages at, or within, any particular time. Customer must not: 2

3 rely on SMS Direct Connect to send time-sensitive SMS; or use SMS Direct Connect for any purpose which results in large volumes of SMS messages being sent through Telstra s Short Message Centre in a limited time period. Registered messages 1.9 If Customer uses SMPP access Customer may also send Flagged Registered Messages. A Flagged Registered Message can be tracked, so that Telstra can send Customer an SMS confirming whether Customer s SMS has been delivered or not. Telstra may not be able to track a Flagged Registered Message sent to a phone on another phone company s network. Telstra will charge Customer for Flagged Registered Messages whether or not Telstra have been able to track the Flagged Registered Message or send Customer a delivery status report. Authentication and IP address 1.10 Telstra will issue Customer with a user ID and password, in order to access SMS Direct Connect Telstra grants to Customer a non-exclusive, non transferable licence to use any IP addresses Telstra provides to Customer in software and hardware devices for the purpose of accessing SMS Direct Connect. This is referred to as a "licensed IP address" If Customer s SMS Direct Connect is cancelled for any reason Customer s licence to use the licensed IP address is immediately terminated and Customer must stop using the licensed IP address and remove it from all software and hardware devices Telstra may cancel Customer s licence to use a licensed IP address, by telling Customer, if: Customer breaches the licence conditions in the previous clause; the licensed IP address was provided for use with a service that Telstra no longer provides to Customer Customer acknowledges that Telstra is under no obligation to supply IP Addresses to Customer. Telstra may, as a condition of providing SMS Direct Connect, require Customer to provide Telstra with IP addresses from within a certain block. Telstra will only use the IP addresses Customer provides Telstra for the purposes of authentication. Usage obligations 1.15 Customer s usage obligations continue to apply after the cancellation or termination of Customer s SMS Direct Connect Customer must ensure Customer s use of SMS Direct Connect complies with the terms and conditions of Customer s contract Customer must not (and Customer must ensure that Customer s employees, agents and officers do not): use SMS Direct Connect in a way that breaks the law, including applicable industry standards and codes; do anything reasonably likely to impair, interfere with or damage Telstra s facilities (including Telstra s Short Message Centre) or their operation; interfere with, hinder or change SMS Direct Connect; delete another customer's data from SMS Direct Connect without that customer's permission; use SMS Direct Connect to menace or harass any person or cause damage or injury to any person or property; use SMS Direct Connect to publish, transmit or store any communication, information or data that is defamatory, obscene, sexually explicit, abusive or offensive; represent (by act or omission) that Telstra created, endorsed, have reviewed, or are in any way involved in the production of content sent by Customer using SMS Direct Connect; 3

4 use SMS Direct Connect to impersonate another person or entity; use SMS Direct Connect to interfere with any third party rights, including intellectual property rights; use SMS Direct Connect in a way that results in the misuse of a third party's confidential information; affect the availability of SMS Direct Connect to other Telstra customers; use SMS Direct Connect in a way that results in a "virus", "worm", "trojan" or similar program being sent through SMS Direct Connect from Customer s equipment; or use, or enable the use of, SMS Direct Connect in any way for the purpose of providing any warning or notification about a serious risk to the safety of persons or property Telstra will not monitor or be responsible for the content of SMS Messages Customer sends using SMS Direct Connect, but, subject to applicable laws, Telstra reserves the right to monitor the content of such messages Customer agrees that Customer s unique sender code will be sent automatically with each SMS Message sent via SMS Direct Connect. Third party software 1.20 Customer must ensure that Customer s use of any third party software in connection with SMS Direct Connect: is lawful; complies with Our Customer Terms; and does not disrupt the proper functioning of SMS Direct Connect for Customer or any other person. Advertising 1.21 Customer must not advertise or promote SMS Direct Connect without Telstra s prior approval beforehand. Telstra may require Customer to comply with any terms and conditions Telstra considers appropriate before giving approval. Scheduled outages 1.22 Telstra may tell Customer of occasions when Telstra performs scheduled maintenance, upgrades or repairs to Telstra s facilities where all or part of SMS Direct Connect will not be available (referred to as scheduled outages). Customer acknowledges that Telstra tell all Telstra customers about scheduled outages and that it is Customer s responsibility to determine whether a scheduled outage will affect Customer. Suspension or cancellation 1.23 In addition to any other rights Telstra may have, Telstra may suspend or cancel the provision of all or part of SMS Direct Connect at any time if Telstra, acting reasonably, considers that Customer may be in breach of Customer s usage obligations. Limited liability 1.24 In addition to any other rights Telstra may have, and as far as the law permits, Telstra excludes liability for any loss or damage caused in connection with delays in the sending of SMS Messages or a failure to terminate SMS Messages for any reason. If the law does not permit this, but would permit the limitation of liability, Telstra limits Telstra s liability for such loss and damage to refunding to Customer the charges paid for the affected part of SMS Direct Connect. 4

5 Monthly usage charges 1.25 Customer must pay all SMS Direct Connect charges incurred by Customer s user ID and password (as the case may be) Discounts which may apply to charges for other services Telstra provides Customer do not apply to SMS Direct Connect Customer s SMS Direct Connect charges will appear on Customer s bill. 2 Alpha-Numeric Service What is the Alpha-Numeric Service? 2.1 The alpha-numeric SMS source address service lets Customer send SMS messages with alpha-numeric source address tags ( Alpha-Numeric Address Tags ). These Alpha-Numeric Address Tags appear instead of the standard return phone number on the SMS recipient s mobile phone. Eligibility 2.2 Customer can only use the Alpha-Numeric Service if Customer is connected to Telstra SMS Direct Connect. Alpha-Numeric service terms 2.3 Customer acknowledges that Alpha-Numeric Address Tags are not compatible with all mobile phones, and that Telstra does not warrant the Alpha-Numeric Service will work on all mobile phones. 2.4 Customer can only use valid Alpha-Numeric Address Tags for the Alpha-Numeric Service. To be valid, an alpha-numeric address tag must: contain between one and eleven characters (inclusive); contain only characters defined in the GSM character set; and include at least one letter of the alphabet (upper case or lower case). 2.5 Customer acknowledges that the recipient of an SMS with an Alpha-Numeric Address Tag will not be able to directly reply to that message as the Alpha-Numeric Address Tag is not a valid telephone number. 2.6 Customer agrees that commercial messages, including those that are from content providers, must contain contact information in any of the following formats: <Unsub:information> where "information" is the contact information limited to phone number, SMS number or address/url, eg: [text message]. <unsub: > [text message]. <unsub:191937> [text message]. <unsub: XXX@optus.com> <From:information> where "information" is the contact information limited to phone number, SMS number or address, eg: [text message]. <From: > [text message]. <From: > 5

6 [text message]. <From: 2.7 [Customer ]agrees that non-commercial messages must contain addressing information in the text of the message to cater for handsets that do not support alpha-numeric addresses. This must be one of the following: as per format in clause 0 above for commercial messages (<From: address>); the alpha-numeric source address; or a phone number or address that belongs to the sender. Where an alpha-numeric source address, phone number or address is used, it must also be clear from the text of the message that this address identifies the sender. For example: (d) (e) (f) Aussie Air wishes to inform you that your flight has been delayed, where Aussie Air is the alphanumeric source address. Reminder: your flight is at 5.30pm today. Call Aussie Air on if you wish to change it. Reminder: your flight is at 5.30pm today. Visit aussieair@infoworld.com.au to change it. 2.8 Customer acknowledges that Telstra may view and audit Customer s Alpha-Numeric Service and Customer s actual or proposed use of Alpha-Numeric Address Tags, at any time by telling Customer (in writing). 2.9 Customer acknowledges that Telstra may suspend, cancel or limit Customer s use of any Alpha-Numeric Address Tag: if Telstra suspects that Customer s use is a breach of any law, regulation, warranty or a third party s rights; to comply with any law or request of law enforcement agencies; or to avoid any civil or criminal liability on the part of Telstra Customer warrants that any Alpha-Numeric Address Tag Customer uses will not impact on the rights of any third party, including any intellectual property rights. Customer must get permission to use an Alpha- Numeric Address Tag that is a trade mark or in which copyright subsists from the trade mark or copyright owner before using that Alpha-Numeric Address Tag. Customer warrants that Customer s use of Alpha- Numeric Address Tags will not breach any other laws or regulations Customer warrants that Customer will tell Telstra as soon as Customer becomes aware of any actual, potential or suspected breach of any law, regulation or warranty as a result of Customer s use of Alpha- Numeric Address Tags In addition to any other rights Telstra may have, Customer acknowledges that Telstra may, without telling Customer, suspend or cancel providing either Customer s Alpha-Numeric Service or Customer s entire SMS Direct Connect Service as soon as Telstra becomes aware of: an actual, potential or suspected breach of any law, regulation or warranty relating to Customer s use of the Alpha-Numeric Service; an excessive number of complaints relating to Customer s use of the Alpha-Numeric Service; or any actual, potential or suspected adverse regulatory consequences of the Alpha-Numeric Service Customer agrees to indemnify Telstra and Telstra s officers, directors, employees and agents against all expenses, losses, damages and costs (including reasonable legal costs incurred by Telstra arising out of in connection with Customer s (Customer s personnel or Customer s customers ) use of the Alpha-Numeric Address Tags, including but not limited to: 6

7 an actual, suspected or potential breach of any law, regulation or warranty; and an actual, suspected or potential breach of a third party s intellectual property rights In the following provisions, Marketing Message means an SMS message that is designed to promote the sale of or demand for goods or services, or is otherwise a commercial electronic message within the meaning of the Spam Act 2003 (Cth). Customer must not, and must ensure that Customer s personnel and Customer s customers do not send a Marketing Message to any person unless: (d) (e) (f) (g) (h) the recipient of the SMS message has first consented to receiving the Marketing Message and Customer keeps a record of the consent; within the Marketing Message, the recipient is provided with a means to opt-out of receiving such a Marketing Message by using the same device by which the person was sent the Marketing Message (for example by a mobile phone); the Marketing Message includes a clear identification within the Marketing Message of the source or originating entity of the market message to enable the recipient to determine who sent the Marketing Message; the cost of sending an SMS or calling a telephone number to make an opt-out request does not exceed the standard rate for sending an SMS or making a telephone call; the Marketing Message includes accurate information about how the recipient can readily contact the sender and to obtain all the following information relating to the sender: full organisation name, registered or legal address, ABN, postal address, address, fixed line telephone number, and contact details for enquires or complaints relating to the Marketing Message; Customer is able to action any opt-out requests within five days of the request being sent; the Marketing Message is not in any way misleading, or likely to mislead, the recipient as to the source of the message; and the Marketing Message includes any other information which may be required by law from time to time If Customer is a person undertaking an e-marketing activity (as defined in s109a of the Telecommunications Act 1997 (Cth), and Customer sends a Marketing Message to any person, Customer must also comply with the following requirements: Customer must take reasonable steps to ensure that Customer does not send any Marketing Messages between 9pm 8am Monday to Friday and 9pm 9am weekends (in the relevant time zone) unless expressly invited to by the receiver or if the receiver has been notified in advance; where the content of the Marketing Message is age-sensitive, Customer must take reasonable steps to ensure that the Marketing Message is sent to receivers who are legally entitled to use or participate in the product, service or event that is being marketed; and Customer must have an internal procedure for dealing with complaints relating to the Marketing Messages (including keeping records of complaints) and must make details of Customer s complaint handling process accessible within each Marketing Message. 7