Terms and Conditions
Please note that by using this web site, you, the user, agree to observe and be legally bound by all Terms and Conditions of Use as set out below, including any other policies which may appear elsewhere on this web site. You also agree to observe and abide by all applicable laws and regulations.1. DEFINITIONS
1.1 'logicSMS' refers to the web site www.logicsms.co.za or www.logicsms.com owned by LogicSMS Messaging Solutions pty ltd.
1.2 'Provider' refers to LogicSMS Messaging Solutions pty ltd
1.3 'User' refers to the legal person using the LogicSMS web site
1.4 'Message' refers to a SMS text message (maximum 160 characters), ring tone or image (or any combination), either 7 or 8 bit and/or Voice message and/or Email Message
1.5 The parties refer to LogicSMS Messaging Solutions pty ltd and the user.
1.6 'Account' means the user's subscription for the Service including the users's personal information and Password by which the user receives the Services.
1.7 'Pricing Structure' means the schedule that identifies the charges applicable for the Service or any part of the Service, as amended from time to time.
1.8 'Password' means a password that will be provided by the Provider to the user after the user has accepted these Terms and Conditions.
1.9 'Service' means the services outlined in clause 2.
1.6 'Request for payment or Payout', is a valid Tax Invoice for VAT Vendors or an Invoice without VAT for non Vendors emailed to firstname.lastname@example.org and is only applicable to the Premium SMS Service, where a payout is available and applicable.2. THE SERVICE
2.1 The service offered by the provider to the user under these Terms and Conditions are provided by the provider's SMS Gateway.
2.2 The service will, amongst other things, enable the user to send messages and receive various content related messages via the SMS and/or voice Gateway.
2.3 Core destination cellular networks are only supported. Customers wishing to send to other cellular networks must contact help desk/support prior to sending to confirm pricing and delivery status for their destinations. Core networks include South Africa, UK, Australia, Botswana, Namibia, Zimbabwe. Premium SMS only available in South Africa
2.4 Oversees Destination networks, including Core destination networks, services are provided by 3rd party service providers. LogicSMS is not responsible for technical problems or failures occuring out of its control. LogicSMS will endevour to escalate and ensure service delivery is provided.
2.5 Oversees Destination Networks, including Core destination networks, do from time to time, delay or block delivery. It is up to the customer to periodically test the delivery of messages and report any problems.3. USE
3.1 Use of this web site is undertaken solely at the risk of the user.
3.2 Use of this web site, API's or premium SMS confirms that the user accepts these terms and conditions.
3.3 Use of this web site, registration for a premium sms keyword or short code confirms that the user accepts these terms and conditions and the WASPA Code of conduct.4. CONTACT INFORMATION
LogicSMS Messaging Solutions pty ltd / LogicSMS may be contacted in any of the following ways:
E-mail : email@example.com
Telephone : 010 900 4000 or 011 287 2214
Fax : 010 001 3514
5.1 Copyright 2003 � LogicSMS Messaging Solutions pty ltd, All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact the General Manager at the contact details stated in this terms and conditions
5.2 Users may download, view and print content from this site for private and non-commercial purposes only.
5.3 All moral rights of LogicSMS Messaging Solutions pty ltd and its employees/agents are reserved.
5.4 LogicSMS Messaging Solutions pty ltd cannot screen or edit all the content available from the www.logicsms.co.za site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform LogicSMS Messaging Solutions pty ltd of any content that may be offensive or illegal.6. INTELLECTUAL PROPERTY RIGHTS
6.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to LogicSMS Messaging Solutions pty ltd and as such are protected from infringement by local and international legislation and treaties.7. ELECTRONIC COMMUNICATIONS
7.1 When a user visits www.logicSMS.co.za or sends e-mails to LogicSMS Messaging Solutions pty ltd, that user consents to receiving communications from LogicSMS Messaging Solutions pty ltd electronically and agrees that all agreements, notices, disclosures and other communications sent by LogicSMS Messaging Solutions pty ltd satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
7.2 When a user sends an email or fax to LogicSMS Messaging Solutions pty ltd that communication is deemed as not received unless confirmed by LogicSMS Messaging Solutions pty ltd Solutions "in writing".8. FRAMING
8.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.9. SPIDERS AND CRAWLERS
9.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of LogicSMS Messaging Solutions pty ltd. Such permission could be obtained from the person referred to in clause 5 hereof.10. RIGHTS AND OBLIGATIONS
10.1 Notwithstanding any other rights or obligations that the provider may have in terms of this agreement, the provider may outsource any part its obligations provided that it should not be absolved from such obligations.
10.2 Whilst every effort will be taken to ensure that the SMS messages are sent on time, the provider cannot be held responsible for and not limited to the network provider not being able to send SMS messages on time
10.3 Once a message has been sent (message will have a sent status) to the cellular network provider, The provider has no control over the message and cannot be held responsible for the message once handed over to the network provider
10.4 While every effort will be made to ensure that the provider�s systems will be available 24 hours a day, 7 days a week, 365 days a year, there may be times where systems will be shut down in order to perform maintenance.
10.5 The connection to the Internet and to the Cellular Network(s) is out of the control of the provider, and should there be a disruption in these services the provider cannot be held responsible.
10.6 The provider can in no manner whatsoever be held responsible or accountable for any loss suffered by the user resulting in the use of the providers system including but not limited to the systems not being available from time to time.11. DISCLAIMER
11.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither LogicSMS Messaging Solutions pty ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, LogicSMS Messaging Solutions pty ltd makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 5.
11.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with LogicSMS Messaging Solutions pty ltd that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
11.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of LogicSMS Messaging Solutions pty ltd and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
11.4 Neither LogicSMS Messaging Solutions pty ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or service sold on this web site.12. COSTS
12.1 PRICES: The price of each sms unit is displayed on the site. In the event of a sale or special offer, the discounted price is displayed or communicated with the users at the time of discount
12.3 Bank Changes: Should LogicSMS Messaging Solutions pty ltd incur banking charges of any nature whatsoever resulting from the user paying for services offered on www.logicsms.co.za, the costs will be for the user and will be deducted from any monies paid.
12.4 Bonus pricing and/or Specials: Bonus or special pricing can be updated or removed without notice. Not applicable for existing specials/special pricing.13. PAYMENT METHODS
13.1 Credit card payments
13.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
13.1.2 Payment is only collected when the order is completed and the user account is credited.
13.1.3 Note that to protect it's own and the interests of customers, LogicSMS Messaging Solutions pty ltd scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if LogicSMS Messaging Solutions pty ltd is not satisfied with it's legitimacy.
13.2 Bank deposit payments
13.2.1 If the buyer selects the 'pay via bank deposit' option, instructions will be given on how to deposit monies into the LogicSMS Messaging Solutions pty ltd Solution cc bank account and would it be subject to the following rules:
220.127.116.11 The exact amount must be paid
18.104.22.168 The payment must be identified by supplying the username and organisation code combination in the following format username@organisationcode (i.e. jo@mycompany)) in the reference section of the deposit slip or on the electronic transfer.
22.214.171.124 Payments from ATM's or by cheque always require proof of payment to be sent to the help desk.
126.96.36.199 Cheque deposits are subject to a clearing period.
188.8.131.52 Bank deposits are accepted from outside the borders of South Africa. All bank changes will be for the depositor
184.108.40.206 Unpaid bank deposit orders are cancelled after five business days.
220.127.116.11 Cheques or payments that are reversed will result in an immediate suspension of the user account until outstanding amount is settled.
18.104.22.168 User accounts will only be credited once the monies have reflected in our bank account.
14.1 The provider is not responsible for the content of the messages sent by the users of the web site, however we perform regular content checks.
14.2 The user is responsible for the content of the messages sent. The user may not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. The user agrees that the provider will not be liable or responsible for the content and nature of the Messages.
14.3 Any complaints the provider receives regarding spam, unsolicited, offensive or defamatory messages will be passed on to the user and the provider reserves the right to suspend the user�s account.
14.4 The provider will reserves the right not release any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party15. GOVERNING LAW
15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.16. PRIVACY
16.1 LogicSMS Messaging Solutions pty ltd Solution cc shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
16.2 LogicSMS Messaging Solutions pty ltd may
electronically collect, store and use the following personal information of
16.2.1 name and surname;
16.2.2 birth date;
16.2.4 country of residence;
16.2.5 closest city;
16.2.6 non-personal browsing habits and click patterns;
16.2.7 e-mail address; and
16.2.8 IP address.
16.3 LogicSMS Messaging Solutions pty ltd collects, stores and
uses the abovementioned information for the following purposes:
16.3.1 to greet the User when he/she accesses the logicsms web site;
16.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the logicsms website;
16.3.3 subject to the User's consent, inform the User about competitions and special offers from logicsms and/or its partners / affiliates;
16.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the logicsms web site.
16.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
16.5 The User may elect not to receive any communications from logicsms web site and/or its partners / affiliates.
16.6 LogicSMS Messaging Solutions pty ltd may collect, maintain,
save, compile, share, disclose and sell any information collected from users,
subject to the following provisions:
16.6.1 LogicSMS Messaging Solutions pty ltd shall not disclose personal information from Users unless the User consents thereto;
16.6.2 LogicSMS Messaging Solutions pty ltd shall disclose information without the User's consent only through due legal process; and
16.6.3 rilogic Solutions cc may compile, use and share any information that does not relate to any specific individual.
16.7 LogicSMS Messaging Solutions pty ltd owns and retains all rights to non-personal statistical information collected and compiled by the logicsms web site.17. SECURITY
17.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that LogicSMS Messaging Solutions pty ltd suffers any damage or loss.
17.2 The user agrees and warrants that its log-in
name and password shall:
17.2.1 be used for personal use only; and
17.2.2 not be disclosed to any third party.
17.3 The user allows LogicSMS Messaging Solutions pty ltd to take all reasonable steps to ensure the integrity and security of the logicsms web site and back-office applications.
17.4 All credit card transactions are protected by Secure Socket Layer encrypted.18. CHANGES TO AGREEMENT
18.1 LogicSMS Messaging Solutions pty ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.19. DISPUTES
19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of LogicSMS Messaging Solutions pty ltd, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg South Africa in English.20. SUSPENSION
20.1 The provider may at any time, without notice to the user and in any manner whatsoever suspend the performance of any of its obligations in terms of this agreement in the event that;
20.1.1 any modifications, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the providers service enabling systems, including but not limited to its information systems and communication systems.
20.1.2 the user fails to perform any obligations or breaches any term of this agreement.
21.1 This agreement shall commence when the user registers on the LogicSMS site and continues indefinitely until terminated by LogicSMS Messaging Solutions pty ltd in terms of clause 22 hereto or for any other reason.
21.2 No refunds will be given for unused credits.22. ENFORCEABILITY OF THIS AGREEMENT
22.1 In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
22.2 These Terms and Conditions contain a record of the entire agreement between the user and the LogicSMS Messaging Solutions pty ltd.
22.3 Please note that failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of the provision or the right to enforce it.23. PREMIUM SMS (Short Codes and Keywords)
23.1 LOGICSMS will consider your payout after 3 months of the SMS being recieved. Please be aware that it is your responsibility to advertise to your potential clients that messages sent to the allocated short code will incur a cost of the BAND rate, should you not advertise this clearly, the Networks may refuse to pay this amount. We will then be unable to pay this to you.
23.2 Any misuse of the keyword such as misrepresnting the cost charged, will result in the service being suspended and any fines received will be charged to the customer involved. Any Payout will be forfeited.
23.3 I will ensure that all advertising for my shortcode and/or shortcode and keyword will adhere to these Terms and Conditions as well as the WASPA code of conduct and advertising rules.
23.4 I will ensure that all advertising for my shortcode and/or shortcode and keyword will mention the price of the short code whenever the shortcode is used in the advert eg: 45633 (R1.50/sms)
23.5 I agree to and accept the WASPA terms and conditions and Code of Conduct on the WASPA website http://www.waspa.co.za
23.6 Any resulting WASPA fine/s incurred by logicsms will be passed on for your account and will be collected. Any Payout will be forfeited.
23.7 If a resulting WASPA fine/s does occur on your short code and/or shortcode and keyword LogicSMS will automatically deduct a fee of R1000.00 (one thousand rand) from your next payout.
23.8 A certified copy of the Identity Document, as requested above, is required before any payouts are considered
23.9 LogicSMS can at anytime withhold a payout if there is any suspicious activity on the account and where neccessary declare a payout null and void.
23.10 If a cellular number sends any message to a short code and/or keyword more than 300 times in a day, the excess messages will be excluded from the payout.
23.11 If there are any open queries held with the either the networks and/or service providers and/or LogicSMS, Payouts can be delayed and if needed regarded as null and void
23.12 Keywords can be changed or edited up to 14 days after the registration date of the keyword. The request must be submitted in writing and acknowledged by LogicSMS.
23.13 A Payout request and confirmation of receipt is not a guarantee that you will receive payout. logicSMS will process your request and can request further documentation and/or information from you.
23.14 Payment is only executed when all required information and/or documentation is collected, verified and approved by logicSMS.
23.15 Payouts may change without notice and will affect all unpaid amounts.
23.16 Payouts are not paid automatically. A payout must be requested via the help desk in writing.
23.17 The Premium SMS Service offers 2 (two) options to customers. Option 1 is a shared shortcode with keyword product. Option 2 is a dedicated short code.
23.18 A Shared short code is, by definition, a short code that has been pre-registed on the networks with the intention to share the short code amongst customers using a unique keyword. Keyword is compulsory.
23.19 A Dedicated short code is, by definition, a short code that has been pre-registed on the networks with the intention to allow 1 (one) customer to use the service. Keywords are optional.
23.20 A keyword is definded as a short word (3 to 12) characters long (no spaces, no numbers, no special characters). The keyword must be the first word in the sms message followed by at least 1 (one) space. the keyword is registered on the logicsms system for use on a specific username. Keywords are used to identify premium sms traffic towards a specific username. Keywords are not known by the networks.
23.21 LogicSMS is not responsible for any misspelt keywords or bogus keywords the cellphone user enters on the sms. Keywords that cannot be matched to a username will not be allocated and will not accrue towards the payout.
23.22 Keywords can be renewed when it expires or is close to expiry. A keyword typically expires 12 months after the last activation date. The renewal price will be the prevailing price at the time of renewal.
23.23 LogicSMS is not responsible to any delays from the network in receiving the premium sms and is not responsible for any premium sms messages not transmitted by the network.
23.24 LogicSMS does not perform billing for the premium sms and is not responsible for incorrect billing on a cellphone account.24. PREMIUM SMS (Short Codes and Keywords) Payout Expiry
24.1 Payouts expire, if not claimed, based on the table below:
"Network payout period" = 3 full months after a premium sms message is received.
|6 Months||10%||(3 months after the network payout period)|
|9 Months||20%||(6 months after the network payout period)|
|12 Months||30%||(9 months after the network payout period)|
|15 Months||50%||(12 months after the network payout period)|
|18 Months||60%||(15 months after the network payout period)|
|21 Months||75%||(18 months after the network payout period)|
|24 Months||85%||(21 months after the network payout period)|
|36 Months||100%||(33 months after the network payout period)|
example: If you request a payout 10 months after the premium sms message was received, the payout will loose 20% of its value. The longer you wait the more value the payout looses. 25. PREMIUM SMS (Short Codes and Keywords) WASPA Code of Conduct and Advertising Rules
25.1 LogicSMS monitors all short codes and/or keywords to ensure the WASPA Code of Conduct and Advertising Rules are adhered to.
25.2 Warnings advising on advertising and/or code of conduct violations will be be sent, via email, detailing the action required to take to correct the violation.
25.3 If a warning and/or violation is not acknowledged, via email, after 14 days a further warning will be sent,via email, and R250.00 will be deducted from your payout. Payouts can be delayed until the violations are corrected and closed by WASPA if required.