1. Introduction
Smart Messaging provides bulk SMS, email messaging, communication, notification, and related digital messaging services to businesses and organizations in South Africa.
By using our website or services, you confirm that you accept these Terms of Service and agree to comply with them.
2. Services Provided
Our services may include:
- Bulk SMS messaging
- Email campaigns and newsletters
- Appointment reminders and notifications
- Marketing campaigns
- Customer communication tools
- Reporting and analytics
- API and system integrations
Service availability may change without notice.
3. User Responsibilities
By using our services, you agree that you will:
- Provide accurate and lawful information
- Use the platform only for legal business purposes
- Comply with all applicable South African laws and regulations
- Obtain consent before sending marketing communications
- Not send spam, fraudulent, abusive, offensive, or misleading messages
- Not attempt to disrupt or compromise the security of our systems
You are solely responsible for the content of messages sent through our platform.
4. POPIA & Compliance
Users must comply with the Protection of Personal Information Act (POPIA) and all applicable communication regulations in South Africa when collecting, storing, and processing customer information.
You agree to:
- Obtain proper consent from recipients
- Maintain accurate customer databases
- Honor opt-out or unsubscribe requests promptly
Smart Messaging reserves the right to suspend accounts involved in unlawful or spam-related activity.
5. Account Registration
To access certain services, you may be required to create an account.
You are responsible for:
- Maintaining the confidentiality of your login details
- All activity conducted under your account
- Ensuring your account information remains accurate and updated
We reserve the right to suspend or terminate accounts suspected of unauthorized or illegal activity.
6. Payments & Billing
Certain services require payment.
By purchasing services, you agree that:
- Pricing may change without prior notice
- Payments are due according to the selected package or invoice
- Unused credits or services may be subject to expiry policies where applicable
- Failure to pay may result in suspension of services
Unless otherwise stated, all prices are quoted in South African Rand (ZAR).
7. Service Availability
While we strive to provide reliable services, Smart Messaging does not guarantee uninterrupted or error-free operation.
We are not liable for:
- Network outages
- Delayed message delivery
- Telecommunications failures
- Third-party service interruptions
- Data loss beyond our reasonable control
Message delivery depends on mobile networks, internet providers, and third-party systems.
8. Intellectual Property
All website content, branding, logos, graphics, software, and materials remain the property of Smart Messaging unless otherwise stated.
You may not:
- Copy or reproduce website content
- Reverse engineer platform functionality
- Use our branding without written permission
9. Limitation of Liability
To the fullest extent permitted by law, Smart Messaging shall not be liable for:
- Indirect or consequential damages
- Loss of profits or revenue
- Business interruption
- Loss of data
- Unauthorized access to accounts caused by user negligence
Your use of the platform is at your own risk.
10. Termination
We reserve the right to suspend or terminate access to our services if:
- These Terms are violated
- Illegal or abusive activity is detected
- Payments remain outstanding
- Platform misuse is identified
Termination may occur without prior notice in serious cases.
11. Third-Party Services
Our platform may integrate with third-party providers, APIs, or external services.
We are not responsible for:
- Third-party outages
- External website content
- Third-party security practices
- Service interruptions caused by external providers
12. Privacy
Your use of our services is also governed by our Privacy Policy and POPIA compliance procedures.
Please review our Privacy Policy for details regarding data collection, processing, and protection.
13. Changes to These Terms
We may update these Terms of Service at any time without prior notice.
Updated versions will be posted on this page with a revised effective date.
Continued use of our services after changes are published constitutes acceptance of the updated terms.
14. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any disputes arising from these Terms shall be subject to the jurisdiction of South African courts.
15. Contact Information
For questions regarding these Terms of Service, please contact:
Smart Messaging
Website: www.smartmessaging.co.za
Email: support@smartmessaging.co.za
